,,american ,,educational ,,series ,,studies ,,in ,,civics ,,by ,,james ,t4 ,mc,c,l,e,a,r,y1 ,m4,c4 ,,late ,,teacher ,,of ,,civics ,,and ,,history ,,in ,,the ,,state ,,normal ,,school ,,mankato1 ,,minnesota ,,life ,,member ,,minnesota ,,historical ,,society ,,revised ,,to #ahig ,illustration3 7,house of ,representatives7 ,,united ,,states ,,capitol 7,senate47 ,,to ,,the ,,members ,,of ,,my ,,classes ,,in ,,civics1 ,,whose ,,questions ,,have ,,aided ,,me ,,in ,,determining ,,what ,,subjects ,,to ,,treat1 ,,and ,,whose ,,earnestness ,,and ,,intelligence ,,have ,,made ,,it ,a ,,pleasure ,,to ,,be ,,their ,,teacher1 ,,this ,,book ,,is ,,affectionately ,,inscribed4 ,,preface4 ,the thought constantly in mind in the preparation of this book has been to furnish useful material in usable form4 ,attention is invited to the scope of the work4 ,the ,constitution of the ,united ,states1 not a mere abstract of it but a careful study of the text1 is properly given much space but is not allowed a monopoly of it4 ,each of our governmental institutions deserves and receives a share of consideration4 ,the order of presentation--beginning with the town1 where the student can observe the operations of government1 and proceeding gradually to the consideration of government in general--is based upon conclusions reached during eighteen years of experience in teaching this subject4 ,matter to be used chiefly for reference is placed in the appendix4 ,attention is asked to the amount of information which1 by means of tabulations and other modes of condensation1 is therein contained4 ,documents easily obtainable1 such as the ,declaration of ,independence1 are omitted to make room for typical and other interesting documents not usually accessible4 ,is this book intended to be an office-holders' manual8 ,no2 but it is intended to help students to get an insight into the way in which public business is carried on4 ,is it designed as an elementary treatise on law8 ,no2 but the hope is indulged that the young people who study it will catch something of the spirit of law1 which to know is to respect4 ,,contents4 ,,preface1 ,,to ,,teachers1 ,,to ,,students1 ,,preliminary ,,chapter4 ,,government3 ,,what ,,it ,,is ,,and ,,why ,,it ,,is1 ,,part ,i4--,,government ,,within ,,the ,,state4 ,,chapter4 ,i4--,,the ,,town3 ,,why ,,and ,,how ,,organized1 ,,etc41 ,,ii4--,,primitive ,,modes ,,of ,,administering ,,justice1 ,,iii4--,,proceedings ,,in ,a ,,justice ,,court1 ,,iv4--,,the ,,incorporated ,,village1 ,v4--,,the ,,city1 ,,vi4--,,the ,,county1 ,,vii4--,,establishing ,,justice ,,in ,,the ,,county1 ,,viii4--,,historical1 ,,part ,,ii4--,,the ,,state4 ,,ix4--,,states3 ,,why ,,and ,,how ,,created1 ,x4--,,state ,,constitutions1 ,,xi4--,,departments ,,of ,,government1 ,,xii4--,,the ,,legislative ,,department1 ,,xiii4--,,the ,,executive ,,department1 ,,xiv4--,,other ,,state ,,officers1 ,,xv4--,,the ,,judicial ,,department1 ,,xvi4--,,retrospect ,,and ,,prospect1 ,,part ,,iii4--,,the ,,nation4 ,,xvii4--,,the ,,causes ,,of ,,the ,,revolution1 ,,xviii4--,,the ,,articles ,,of ,,confederation1 ,,xix4--,,the ,,origin ,,of ,,the ,,constitution1 ,,xx4--,,the ,,constitution3 ,,preamble1 ,,xxi4--,,structure ,,of ,,the ,,legislative ,,branch1 ,,xxii4--,,powers ,,of ,,congress1 ,,xxiii4--,,the ,,executive ,,branch1 ,,xxiv4--,,the ,,judicial ,,branch1 ,,xxv4--,,the ,,relations ,,of ,,the ,,states1 ,,xxvi4--,,modes ,,of ,,amending ,,the ,,constitution1 ,,xxvii4--,,miscellaneous ,,provisions1 ,,xxviii4--,,ratification ,,of ,,the ,,constitution1 ,,xxix4--,,the ,,amendments1 ,,part ,,iv4--,,government ,,in ,,general4 ,,xxx4--,,forms ,,of ,,government1 ,,part ,v4--,,commercial ,,law4 ,,xxxi4--,,contracts1 ,,xxxii4--,,agency1 ,,xxxiii4--,,partnership1 ,,xxxiv4--,,corporations1 ,,xxxv4--,,commercial ,,paper1 ,,appendix4 ,a4--,,forms1 ,b4--,,tables1 ,c4--,,how ,,some ,,things ,,are ,,done1 ,d4--,,some ,,principles ,,of ,,international ,,law1 ,e4--,,documents1 ,,general ,,index1 ,,to ,,teachers4 ,highly competent teachers are the very ones who receive most kindly suggestions meant to be helpful4 ,for such these words are intended4 ,the local organizations are so related that it is advisable for all classes to consider each of them4 ,especial attention should1 however1 be given to the organization 7town1 village or city7 in which the school is4 ,here considerable time can be profitably spent1 and the matter in the book may be much amplified4 ,here must be laid the basis of future study4 ,certain typical instruments deserve careful study4 ,for a student to have made out understandingly an official bond1 for instance1 is for him to have gained greatly in intelligence4 ,it will be of great advantage to the class for the teacher to have a complete set of the papers whose forms are given in ,appendix ,a4 ,these may be obtained at almost any newspaper office1 at a cost of about #ej cents4 ,a scrap-book or series of envelopes in which to file newspaper clippings illustrative of the every-day workings of government1 may be made very useful4 ,pupils should be permitted and encouraged to contribute4 ,one good way to review is for the teacher to give out1 say once in two weeks1 a set of twenty-five or more questions1 each of which may be answered in a few words2 have the pupils write their answers2 and the correct answers being given by teacher or pupils1 each may mark his own paper4 ,each pupil may thus discover where he is strong and where weak4 ,the questions given for debate may be discussed by the literary society4 ,or for morning exercises1 one student may on a certain day present one side of the argument1 and on the following day the negative may be brought out by another student4 ,a student should not be required to submit his good name to the chances of answering a certain set of questions1 however excellent1 at the examination1 when from anxiety or other causes he may fall far short of doing himself justice4 ,one good plan is to allow each student to make up #ej percent of his record during the progress of the work1 by bringing in1 say1 five carefully prepared papers4 ,one of these may be a resum of matter pertaining to his local organization2 another may be an account of a trial observed1 or other governmental work which the student may have seen performed2 a third may be a synopsis of the president's message2 the fourth1 a general tabulation of the constitution2 the fifth1 a review of some book on government1 or a paper on a subject of the student's own choice4 ,among reference books1 every school should have at least the ,revised ,statutes of the state and of the ,united ,states1 the ,legislative ,manual of the state1 a good political almanac for the current year1 the ,congressional ,directory1 and ,alton's ,among the ,lawmakers4 ,a ,teachers' ,manual1 giving answers to the pertinent questions contained herein1 and many useful hints as to the details of teaching ,civics1 is published in connection with this book4 ,,to ,,students4 ,you will notice in chapter one that at the close of nearly every paragraph questions are thrown in4 ,they are inserted to help you cultivate in yourself the very valuable habit of rigid self-examination4 ,we are all liable to assume too soon that we have the thought4 ,not to mar the look of the page1 the questions are thenceforward placed only at the close of the chapters4 ,you will soon discover that these questions are so framed as to require you to read not only on the lines and between them1 but also right down into them4 ,even then you will not be able to answer all of the questions4 ,the information may not be in the book at all4 ,you may have to look around a long time for the answer4 ,if you occasionally come to a question which you can neither answer nor dismiss from your mind1 be thankful for the question and that you are bright enough to be affected in this way4 ,you have doubtless discovered that some of your best intellectual work1 your most fruitful study1 has been done on just such questions4 ,after studying a provision of the constitution of the ,united ,states1 you should be able to answer these four questions3 #a4 ,what does it say8 #b4 ,what does it mean8 #c4 ,why was the provision inserted8 #d4 ,how is it carried into practical effect8 ,some of the provisions should be so thoroughly committed to memory that at any time they may be accurately quoted4 ,the ability to quote exactly is an accomplishment well worth acquiring4 ,after you have got through with a line of investigation it is a good thing to make a synopsis of the conclusions reached4 ,hints are given at appropriate places as to how this may be done4 ,but the doing of it is left to you1 that you may have the pleasure and profit resulting therefrom4 ,finally1 without fretting yourself unnecessarily1 be possessed of a noble dissatisfaction with vague half-knowledge4 ,try to see clearly4 ,government is so much a matter of common sense1 that you can assuredly understand much of it if you determine so to do4 ,,studies ,,in ,,civics4 ,,preliminary ,,chapter4 ,,government3 ,,what ,,it ,,is ,,and ,,why ,,it ,,is4 ,at the very beginning of our study1 two questions naturally present themselves3 ,first4 ,what is government8 ,second4 ,why do we have such a thing8 ,these questions are much easier to ask than to answer4 ,the wisest men of the ages have pondered upon them1 and their answers have varied widely4 ,yet we need not despair4 ,even boys and girls can work out moderately good answers1 if they will approach the questions seriously and with a determination to get as near the root of the matter as possible4 ,beginning without attempting an exact definition of government1 because we all have a notion of what it is1 we notice that only certain animals are government-forming4 ,among these may be mentioned the ant1 the bee1 and man4 ,the fox1 the bear1 and the lion represent the other class4 ,if we should make two lists1 including in one all the animals of the first class and in the other all those of the second class1 we should make this discovery1 that government-forming animals are those which by nature live together in companies1 while the other class as a rule live apart4 ,the generalization reached is1 that only gregarious animals form governments4 ,we would discover upon further investigation that the greater the interdependence of the individuals1 the more complex the government4 ,confining our attention now to man1 whose government is the most complex1 we may put our generalization into this form3 ,man establishes government because by nature he is a social being4 ,this may be taken as the fundamental reason4 ,let us now proceed to trace the relation between cause and effect4 ,in order that people may go from place to place to meet others for pleasure or business1 roads are needed4 ,some of these roads may cross streams too deep for fording1 so bridges must be provided4 ,these things are for the good of all2 they are public needs1 and should be provided by the public4 ,but what is every body's business is nobody's business4 ,it follows that the public must appoint certain persons to look after such things4 ,by the act of appointing these persons1 society becomes to that extent organized4 ,we see1 then1 that society organizes in order to provide certain public improvements1 to carry on certain public works4 ,for his own preservation1 man is endowed with another quality1 namely1 selfishness4 ,sometimes this is so strong in a person as to cause him to disregard the rights of others4 ,by experience man has learned that every person is interested in seeing that conflicting claims are settled on a better basis than that of the relative strength of the contestants4 ,in other words1 all are interested in the prevalence of peace and the rightful settlement of disputes4 ,that this work may surely be done1 it is obvious that society must appoint certain persons to attend to it2 that is1 society organizes to establish justice4 ,communities take their character from that of the individuals composing them1 therefore communities are selfish4 ,a third reason appears1 then1 for the organization of society1 namely1 the common defense4 ,but this organization of society is the very thing that we call government4 ,we may1 therefore1 answer the two questions proposed at the beginning in this way3 ,government is the organization of society to carry on public works1 to establish justice1 and to provide for the common defense4 ,the term government is also applied to the body of persons into whose hands is committed the management of public affairs4 ,to show that government is a necessity to man1 let us imagine a company of several hundred men1 women1 and children1 who have left their former home on account of the tyranny of the government4 ,so harshly have they been treated1 that they have ascribed all their misery to the thing called government1 and they resolve that they will have none in their new home4 ,they discover an island in the ocean1 which seems never to have been occupied1 and which appears a goodly land4 ,here they resolve to settle4 ,they help each other in building the houses2 each takes from the forest the wood that he needs for fuel2 they graze the cattle in a common meadow2 they till a common field and all share in the harvest4 ,for a time all goes well4 ,but mutterings begin to be heard4 ,it is found that some are unwilling to do their share of the work4 ,it becomes manifest to the thoughtful that community of property must be given up and private ownership be introduced1 or else that the common work must be regulated4 ,in the latter case1 government is established by the very act of regulation2 they are establishing justice4 ,if they resolve to adopt private ownership1 industry will diversify1 they will begin to spread out over the island1 and public improvements will be needed1 such as those specified above4 ,the conflict of interests will soon necessitate tribunals for the settlement of disputes4 ,and thus government would1 in either case1 inevitably be established4 ,a visit from savages inhabiting another island would show the utility of the organization for common defense4 ,thus government seems a necessary consequence of man's nature4 ,in this country we have the general government and state governments1 the latter acting chiefly through local organizations4 ,for obvious reasons1 the common defense is vested in the general government4 ,for reasons that will appear1 most of the work of public improvement and establishing justice is entrusted to the state and local governments4 ,these we shall now proceed to study1 beginning at home4 ,,queries4--,would government be necessary if man were morally perfect8 ,why is this organization of society called government8 ,,part ,i4 ,,government ,,within ,,the ,,state4 ,,chapter ,i4 ,,the ,,town3 ,,why ,,and ,,how ,,organized2 ,,officers2 ,,town ,,business4 ,necessity4--,now instead of a company going to an island to found new homes1 let us think of immigrants to a new part of a state4 ,like the people on the island1 they will need roads1 bridges1 and schools2 and they will desire to preserve the local peace4 ,hence they1 too1 will need to organize as a political body4 ,size4--,since these people are going to meet at stated periods to agree upon the amounts to be put into public improvements and to select officers to carry out their wishes1 the territory covered by the organization should not be very large4 ,it should be of such a size that every one entitled to do so can reach the place of meeting1 take part in the work thereof1 and return home the same day1 even if he has no team4 ,basis4--,will anything be found already done to facilitate matters8 ,yes4 ,those parts of the state open to settlement will be found surveyed into portions six miles square4 ,these squares are called in the survey townships1 plainly indicating that they were meant by the general government to be convenient bases for the organization of towns4 ,and they have been so accepted4 ,draw a township4 ,subdivide it into sections and number them in accordance with the ,u4,s4 survey4 ,subdivide a section into forties1 and describe each forty4 ,why do we have such divisions of a township8 ,locate your father's farm4 ,what is the difference between a township and a town8 ,footnote3 ,in some states the terms congressional township and civil township are used4 ,corporate ,powers4--,a town is in some respects like an individual4 ,it can sue and be sued4 ,it can borrow money4 ,it can buy or rent property needed for public purposes4 ,and it can sell property for which it has no further use4 ,because a town can do these things as an individual can it is called a corporation1 and such powers are called corporate powers4 ,when we say that the town can do these things1 we mean of course that the people of the town as a political body can do them1 through the proper officers4 ,officers ,needed4--,the town needs one or more persons to act for it in its corporate capacity and to have general charge of its interests4 ,should there be one1 or more than one8 ,why8 ,how many are there8 ,every business transaction should be recorded1 and the town should have a recording officer or secretary4 ,what is the recording officer in this town called8 ,what is his name8 ,which officer would naturally be the custodian of public papers8 ,it takes money to build bridges and to carry on other public works1 and the town needs some one to take charge of the public funds4 ,what is the officer called8 ,who occupies that position in this town8 ,how is he prevented from misappropriating the money belonging to the people8 ,our plan for raising public money for local purposes is1 in general1 that each person shall contribute according to the value of his property4 ,hence the town needs a competent and reliable man to value each person's property4 ,what is such an officer called8 ,what is the name of the one in this town8 ,is any property exempt from taxation8 ,why8 ,just how is the value of the real estate in the town ascertained for the purpose of taxation8 ,the value of the personal property8 ,get a list and find out what questions this officer asks4 ,read the statement at the bottom of the list carefully1 and then form an opinion of a person who would answer the questions untruthfully for the purpose of lowering his taxes4 ,the immediate care of the roads will demand the attention of one or more officers4 ,how many in this town8 ,what are such officers called8 ,name them4 ,differences about property of small value sometimes arise1 and to go far from home to have them settled would involve too much expense of time and money2 hence the necessity of local officers of justice4 ,these officers are needed also because petty acts of lawlessness are liable to occur4 ,how many justices of the peace are there in each town8 ,why that number8 ,what is the extent of their jurisdiction8 ,the arrest of criminals1 the serving of legal papers1 and the carrying out of the decisions of justices of the peace1 make it necessary to have one or more other officers4 ,what are such officers called8 ,how many in each town8 ,why8 ,look up the history of this office2 it is interesting4 ,the public schools of the town may be managed either by a town board of trustees1 who locate all of the school-houses1 engage all of the teachers1 and provide necessary material for all of the schools in the town2 or the town may be divided into districts1 the school in each being managed by its own school board4 ,does the township system or the district system prevail in this state8 ,name some state in which the other system prevails4 ,how ,chosen4--,in this country most of the public officers are chosen by the people interested4 ,the great problem of election is how to ascertain the real will of those entitled to express an opinion or have a choice4 ,and all the arrangements for conducting elections have in view one of two things3 either to facilitate voting or to prevent fraud4 ,the town serves as a convenient voting precinct4 ,find out from the statutes or from the town manual or by inquiry1 when the town meeting is held2 how notice is given2 how it is known who may vote2 who are judges of election2 how many clerks there are2 how voting is done2 how the votes are counted and the result made known2 what reports of the election are made4 ,give the reason for each provision4 ,can a person vote by proxy8 ,why8 ,what is to prevent a person from voting more than once8 ,if the polls are open seven hours1 and it takes one minute to vote1 how many persons can vote at one polling place8 ,what may be done in case there are more than that number of voters in the town8 ,how are road overseers elected1 and in what part of the day8 ,why then8 ,what other business is transacted at town meeting8 ,how do the people know how much money will be needed for the coming year's improvements8 ,how do they learn the nature and expense of last year's improvements8 ,give four general reasons for our having towns4 99 99 99 99 99 ,,practical ,,work ,,for ,,students4 ,i4 ,,organizing ,a ,,town4 ,prepare in due form a petition to the proper authorities asking that a new town be organized4 ,footnote3 ,for forms see ,appendix4 ,if necessary1 all the pupils in the room or school may act as legal voters4 7,this ,practical ,work may be omitted until the review1 if deemed best47 ,be sure that the order establishing the new town is duly made out1 signed1 attested and filed4 ,give reasons for each step4 ,,ii4 ,,holding ,,annual ,,town ,,meeting4 #a4 ,preliminary4--,what report does each road overseer make to the supervisors8 ,when is the report due8 ,what do the supervisors require this information for8 ,who gives notice of the town meeting8 ,when8 ,how8 ,when does the town treasurer make his report to the persons appointed to examine his accounts8 ,when does this examination take place8 ,what is its purpose8 ,what report does the board of supervisors make to the people at the town meeting8 ,when is it prepared8 ,why is it necessary8 ,why so many preliminaries8 #b4 ,the ,town ,meeting4--,that everything may be done decently and in order1 it will be necessary to consult carefully the statutes or the town manual4 ,be sure 7a7 ,that the proper officers are in charge4 7b7 ,that the order of business is announced and followed4 7c7 ,that the polls are duly declared open4 7d7 ,that the voting is done in exact accordance with law4 7e7 ,that general business is attended to at the proper time4 7f7 ,that reports of officers are duly read and acted upon4 7g7 ,that appropriations for the succeeding year are duly made4 7h7 ,that the minutes of the meeting are carefully kept4 7i7 ,that the polls are closed in due form4 7j7 ,that the votes are counted and the result made known according to law4 7k7 ,that all reports of the meeting are made on time and in due form4 #c4 ,after ,town ,meeting4--,see that all officers elected qualify on time and in strict accordance with law4 ,especial care will be needed in making out the bonds4 ,town clerk must certify to proper officer the tax levied at town meeting4 ,,iii4 ,,laying ,,out ,,and ,,maintaining ,,roads4 #a4 ,laying out a ,road4--,make out a petition for a town road1 have it duly signed and posted4 ,in due season present it to the supervisors who were elected at your town meeting4 ,the supervisors1 after examining the petition carefully and being sure that it is in proper form and that it has been duly posted1 will appoint a time and place of hearing and give due notice thereof4 ,when the day of hearing arrives they will examine the proofs of the posting and service of the notices of hearing before proceeding to act upon the petition4 ,having heard arguments for and against the laying of the road1 the supervisors will render their decision in due form4 ,in awarding damages1 the supervisors will probably find four classes of persons3 first1 those to whom the road is of as much benefit as damage1 and who admit the fact2 second1 those who should have damages1 and are reasonable in their demands2 third1 those who claim more damages than they are in the judgment of the supervisors entitled to2 and fourth1 those who from some cause1 7absence1 perhaps17 do not present any claim4 ,from the first class1 the supervisors can readily get a release of damages4 ,with the second1 they can easily come to an agreement as to damages4 ,to the third and fourth1 they must make an award of damages4 ,let all of these cases arise and be taken care of4 ,the supervisors must be careful to issue their road order in proper form1 and to see that the order1 together with the petition1 notices1 affidavits and awards of damages1 are filed correctly and on time4 ,the town clerk must read the law carefully to ascertain his duty1 and then perform it exactly4 ,see that fences are ordered to be removed4 ,let one of the persons who feels himself aggrieved by the decision of the supervisors1 appeal to a proper court4 ,let this be done in due form4 ,as each step is taken1 let the reasons for it be made clear4 #b4 ,maintaining ,roads4--,road overseers return the list of persons liable to road labor4 ,how are these facts ascertained1 and when must the return be made8 ,supervisors meet and assess road labor1 and sign road tax warrants4 ,when and how is this done8 ,how is the road tax usually paid8 ,how else may it be paid8 ,how does the overseer indicate that a person's tax is paid8 ,if a person liable to road tax does not commute1 and yet neglects or refuses to appear when duly notified by the road overseer1 what can the latter do about it8 ,how is delinquent road tax collected8 ,how can a person who has paid his tax prove that he has paid it8 ,under which of the three great purposes of government mentioned in the preliminary chapter does the making of roads come8 ,,the ,,town--,continued4 ,,the ,,schools4 ,does the town system or the district system prevail in this state8 ,if the latter1 tell how a school district is organized4 ,give an account of the organization of this district4 ,how many and what officers have charge of the schools8 ,state the duties of each4 ,name the officers in this district4 ,when are the officers chosen1 and how long do they serve8 ,are all chosen at once8 ,why8 ,how do they qualify8 ,are women eligible to school offices8 ,to any other8 ,did you ever attend the annual meeting8 ,when is it held8 ,why held then8 ,who take part8 ,what business is transacted8 ,what are special school meetings8 ,what expenses must be met in having a school8 ,where does the money come from8 ,how does the treasurer get it into his possession8 ,what is to prevent his misusing it8 ,by whom is the teacher chosen8 ,why not elect the teacher at the annual meeting8 ,get a teacher's contract and find out who the contracting parties are1 and what each agrees to do4 ,why is the contract in writing8 ,how many copies of it are made8 ,who keep them1 and why8 ,if you had a bill against the district1 how would you proceed to get your money8 ,if the district refused or neglected to pay you1 what could you do8 ,if some one owed the district and refused to pay1 what could it do8 ,who owns the school buildings and grounds8 ,how was ownership obtained8 ,if it seemed best to erect a new schoolhouse in some other part of the district1 what could be done with the present buildings and grounds8 ,could the district buy land for other than school purposes8 ,could it lend money if it had any to spare8 ,if the district had not money enough to erect its buildings1 what could it do8 ,what are the corporate powers of a district8 ,questions for ,debate4 ,resolved1 ,that it is unfair to tax a bachelor to support a school4 ,resolved1 ,that the town system is better than the district system4 ,,chapter ,,ii4 ,,primitive ,,modes ,,of ,,administering ,,justice4 ,trial by ,ordeal4--,boys settle some matters about which they cannot agree by tossing up a penny1 or by drawing cuts4 ,in a game of ball they determine first innings by tossing the bat4 ,differences in a game of marbles1 they settle by guessing odd or even1 or by trying it over to prove it4 ,in all these modes of adjustment there is an appeal to chance4 ,probably behind these practices is the feeling that the boy who ought to win will somehow guess right4 ,this appealing to chance to settle questions of fact is characteristic of society in its primitive state4 ,modes of establishing justice similar in principle to these boy practices prevail to this day among superstitious peoples4 ,they have prevailed even in ,europe1 not only among people of low mental power1 but also among the cultured ,greeks4 ,among our own ,saxon ancestors the following modes of trial are known to have been used3 ,a person accused of crime was required to walk blindfolded and barefoot over a piece of ground on which hot ploughshares lay at unequal distances1 or to plunge his arm into hot water4 ,if in either case he escaped unhurt he was declared innocent4 ,this was called ,trial by ,ordeal4 ,the theory was that ,providence would protect the innocent4 ,trial by ,battle4--,sometimes boys settle their disputes by fighting4 ,this1 too1 was one of the modes of adjudication prevalent in early times among men4 ,trial by ,battle was introduced into ,england by the ,normans4 ,it was the last and most solemn resort to try titles to real estate4 ,footnote3 ,dole's ,talks about ,law1 p4 #ec4 ,the duel remained until recently1 and indeed yet remains in some countries1 as a reminder of that time4 ,and disputes between countries are even now1 almost without exception1 settled by an appeal to arms4 ,perhaps the thought is that he is thrice armed that hath his quarrel just4 ,sometimes when one of the boys is too small to fight for his rights1 another boy will take his part and fight in his stead4 ,similarly1 in the ,trial by ,battle1 the parties could fight personally or by champion4 ,interesting accounts of this mode of trial are given by ,green and ,blackstone1 and in ,scott's ,talisman4 ,arbitration4--,two boys who have a difference may leave it to some other boy in whom they both have confidence4 ,and men did and do settle disputes in a similar way4 ,they call it settlement by ,arbitration4 ,a boy would hardly refer a matter for decision to his little brother4 ,why8 ,folk-,moot4--,still another common way for two boys to decide a question about which they differ is to leave it to the boys1 some of whom are knowing to the facts and others not4 ,each of the disputants tells his story1 subject to more or less interruption1 and calls upon other boys to corroborate his statements4 ,the assembled company then decides the matter1 renders its verdict1 and if necessary carries it into execution4 ,in this procedure the boys are re-enacting the scenes of the ,folk-moot or town meeting of our ,saxon ancestors4 ,boy-,courts4--,let us look at this boy-court again to discover its principal elements4 ,in the first place1 we see that every boy in the crowd feels that he has a right to assist in arriving at the decision1 that the boys collectively are to settle the matter4 ,in other words1 that the establishment of justice is a public trust4 ,so our ,saxon forefathers used to come together in the ,folk-moot and as a body decide differences between man and man4 ,the boys have no special persons to perform special duties2 that is1 no court officers4 ,neither1 at first1 did those old ,saxons4 ,secondly1 in the boy-court the facts in the case are brought out by means of witnesses4 ,so it was in the ,folk-moot1 and so it is in most civilized countries today4 ,among those old ,saxons the custom grew up of allowing the facts in the case to be determined by twelve men of the neighborhood1 who were most intimately acquainted with those facts4 ,when they came over to ,england these ,saxons brought this custom with them1 and from it has been developed the ,trial by ,jury4 ,the colonists of this country1 most of whom came from ,england1 brought with them this important element in the establishment of justice1 and it is found today in nearly all the states4 ,again1 when in the boy-court the facts of the case have been established and it becomes necessary to apply the rules of the game to the particular case1 the boys frequently1 invariably in difficult cases1 turn to some boy or boys known to be well versed in the principles of the game1 and defer to his or their opinion4 ,and1 similarly1 in the ,folk-moot1 much deference was paid in rendering judgment to the old men who for many years had helped to render justice1 and who1 in consequence1 had much knowledge of the customs1 unwritten laws1 in accordance with which decisions were rendered4 ,in this deference to one or more persons who are recognized as understanding the principles involved in the case1 we see the germ of judgeship in our present courts4 ,and finally1 a boy naturally reserves the right1 mentally or avowedly1 of appealing from the decision of the boys to the teacher or his father1 in case he feels that he has been unjustly dealt with4 ,thus we see that the principal elements of the courts of today1 the establishment of justice as a public trust1 the determination of the facts by means of witnesses and a jury1 the application of the law by one or more judges1 the right of appeal to a higher court1 are not artificial1 but in the nature of things4 ,we inherited them from our primitive ancestors1 and in that sense they may be said to have been imposed upon us4 ,but their naturalness appears in the fact that boys when left to themselves introduce the same elements into their boy-courts4 ,,changes ,,made ,,in ,,course ,,of ,,time4 ,in the ,jury ,system4--,the jurors were originally1 as has been said1 persons acquainted with the facts4 ,after the ,norman conquest1 it came about that the jury consisted of twelve persons disinterested and unacquainted with the facts4 ,probably the change gradually came about from the difficulty of getting twelve men eligible to the jury who knew of the facts4 ,persons ineligible to the jury were then invited to give it information1 but not to join it in the verdict4 ,the next step1 taken about #adjj ,a4,d41 was to require these witnesses to give their evidence in open court1 subject to examination and cross-examination4 ,the testimony of the witnesses1 however1 was still merely supplementary4 ,then in the time of ,queen ,anne1 about #agjg ,a4,d41 it was decided that any person who had knowledge of the facts of the case should appear as a witness1 that the jury should consist of persons unacquainted with the facts1 and that the verdict should be rendered in accordance with the evidence4 ,and so it is to this day1 both in ,england and ,america4 ,footnote3 ,the best history of the jury system is probably ,forsyth's4 ,it is not true1 however1 that a man is disqualified from serving on a jury simply because he has heard or read of the case1 and has formed and expressed some impression in regard to its merits2 if it were1 the qualifications for jury service in cases that attract great attention would be ignorance and stupidity4 ,the test1 therefore1 is not whether the juryman is entirely ignorant of the case1 but whether he has formed such an opinion as would be likely to prevent him from impartially weighing the evidence and returning a verdict in accordance therewith4 ,footnote3 ,dole's ,talks about ,law1 p4 #ei4 ,in the ,officers4--,as has been said1 there were in the old ,saxon courts no court officers4 ,but quite early the necessity for such officers became manifest4 ,and several of the offices then established have come down to us4 ,some of them1 however1 have been so modified in the progress of time as to be hardly recognizable4 ,,chapter ,,iii4 ,,proceedings ,,in ,a ,,justice ,,court4 ,i4 ,,in ,,ordinary ,,civil ,,actions4 ,definitions4--,a ,civil ,action is one having for its object the protection or enforcement of a private right or the securing of compensation for an infraction thereof4 ,for instance a suit brought to secure possession of a horse1 or to secure damages for a trespass is a civil action4 ,the person bringing the action is called the plaintiff2 the one against whom it is brought1 the defendant4 ,the plaintiff and the defendant are called the parties to the action4 ,jurisdiction4--,a justice of the peace has jurisdiction within the county in most civil actions when the amount in controversy does not exceed a certain sum1 usually one hundred dollars4 7,see p4 #bif47 ,,preliminary ,,to ,,trial4 ,complaint and ,summons4--,in bringing a civil action1 the plaintiff or his agent appears before the justice of the peace and files a ,complaint4 ,in this he states the cause of the action4 ,the justice then issues a ,summons4 ,this is an order to a sheriff or constable commanding him to notify the defendant to appear before the justice at a certain time and place to make answer to the plaintiff's demands4 7,form on p4 #bgg47 ,sometimes on bringing an action or during its progress a writ of attachment is obtained4 ,to secure this writ1 the creditor must make affidavit to the fact of the debt1 and that the debtor is disposing or preparing to dispose of his property with intent to defraud him1 or that the debtor is himself not reachable1 because hiding or because of non-residence4 ,in addition1 the creditor must give a bond for the costs of the suit1 and for any damages sustained by the defendant4 ,the justice then issues the writ1 which commands the sheriff or constable to take possession of and hold sufficient goods of the debtor and summon him as defendant in the suit4 ,another writ sometimes used is the writ of replevin4 ,to secure this writ1 the plaintiff must make affidavit that the defendant is in wrongful possession of certain 7described7 personal property belonging to the plaintiff4 ,the plaintiff then gives a bond for the costs of the suit and for the return of the property in case he fails to secure judgment1 and for the payment of damages if the return of the property cannot be enforced1 and the justice issues the writ4 ,this commands the sheriff or constable to take the property described and turn it over to the plaintiff1 and to summon the defendant as before4 ,pleadings4--,the next step in the process1 in any of the cases1 is the filing of an ,answer by the defendant1 in which he states the grounds of his defense4 ,the complaint of the plaintiff and the answer of the defendant constitute what are called the pleadings4 ,footnote3 ,for a more extensive discussion of pleadings1 see chapter ,,vii42 or ,dole1 pp4 #cj-db4 ,if the answer contains a counter-claim1 the plaintiff is entitled to a further pleading called the ,reply4 ,the pleadings contain simply a statement of the facts upon which the parties rely in support of their case4 ,no evidence1 inference or argument is permitted in them4 ,issue4--,it is a principle of pleading that everything not denied is presumed to be admitted4 ,the fact or facts asserted by one party and denied by the other constitute the issue4 ,if the defendant does not make answer on or before the day appointed in the summons and does not appear on that day1 judgment may be rendered against him4 ,if the plaintiff fail to appear1 he loses the suit and has to pay the costs4 ,for sufficient cause either party may have the suit adjourned or postponed for a short time4 ,jury4--,on demand of either party a jury must be impaneled4 ,the jury usually consists of twelve persons1 but by consent of the parties the number may be less4 ,the jury is impaneled as follows3 ,the justice directs the sheriff or constable to make a list of twenty-four inhabitants of the county qualified to serve as jurors in the district court1 or of eighteen if the jury is to consist of six persons4 ,each party may then strike out six of the names4 ,the justice then issues a venire ,footnote3 ,for forms1 see page #bhj4 to the sheriff or a constable1 directing him to summon the persons whose names remain on the list to act as jurors4 ,witnesses4--,if any of the witnesses should be unwilling to come1 the justice issues a subpoena ,footnote3 ,for forms1 see page #bgi4 commanding them to appear4 ,the subpoena may contain any number of names and may be served by any one4 ,it is served by reading it to the person named therein1 or by delivering a copy of it to him4 ,a witness1 however1 is not bound to come unless paid mileage and one day's service in advance4 ,,the ,,trial4 ,opening ,statement4--,the usual procedure is as follows3 ,after the jury has been sworn1 the plaintiff's attorney reads the complaint and makes an opening statement of the facts which he expects to prove4 ,the purpose of the opening statement is to present the salient points of the case1 so that the importance and bearing of the testimony may be readily seen by the jury4 ,evidence4--,the evidence ,footnote3 ,the most important ,rules of ,evidence are given in chapter ,,vii4 for the plaintiff is then introduced4 ,each witness1 after being duly sworn1 gives his testimony by answering the questions of counsel4 ,after the direct examination by the plaintiff's attorney1 the witness may be cross-examined by the attorney for the defendant4 ,when the evidence for the plaintiff is all in1 the defendant's attorney makes his opening statement1 and then the witnesses for the defense are examined4 ,the direct examination is now1 of course1 conducted by the counsel for the defendant1 and the cross-examination by opposing counsel4 ,when all the evidence for the defense has been introduced1 the plaintiff may offer evidence in rebuttal1 that is1 to contradict or disprove new matter adduced by the defense4 ,and the defendant may then introduce evidence to refute matter first brought out by the rebuttal4 ,argument4--,the case is now ready for argument4 ,one attorney on each side addresses the jury4 ,each tries to show that the evidence adduced has proved the facts alleged in his pleadings1 and each asks for a decision in favor of his client4 ,usually the side upon which rests the burden of proof has the closing argument4 ,counsel must confine themselves to the law1 the admitted facts and the evidence4 ,verdict4--,the jury then retire in care of an officer to a room set apart for their use4 ,here they deliberate in secret4 ,if after a reasonable time they cannot agree1 they are discharged1 and the case stands as if no trial had taken place4 ,but if they agree they return to the court room and render their verdict4 ,this is given by the foreman1 and is assented to by the rest4 ,judgment4--,after the verdict1 the justice enters judgment in accordance therewith4 ,judgment may include certain sums of money allowed to the successful party in part compensation of his expenses4 ,such allowances and certain court expenses are called the costs4 ,,after ,,the ,,trial4 ,appeal4--,if the defeated party feels that he has not been justly dealt with1 he may ask for a new trial4 ,if this be refused he may appeal his case to a higher court4 ,he must make affidavit that the appeal is not taken for the purpose of delay1 and must give bonds to cover the judgment and the costs of appeal4 ,the higher court affirms or reverses the judgment1 in the latter case granting a new trial4 ,sometimes the case is tried anew in the higher court1 just as if there had been no trial in the justice court4 ,execution4--,if no appeal is taken the defeated party may satisfy the judgment1 that is1 pay to the justice the sum specified therein4 ,if at the expiration of the time allowed for appeal the judgment remains unsatisfied1 the justice may issue an execution ,footnote3 ,for forms1 see ,appendix1 pp4 #bhb-c4 against the property of the debtor4 ,,ii4 ,,in ,,criminal ,,actions4 ,jurisdiction4 ,justices of the peace have jurisdiction throughout their respective counties1 as follows3 #a4 ,to try charges where the punishment prescribed by law does not exceed a fine of one hundred dollars or imprisonment for three months4 ,footnote3 ,the extent of this jurisdiction varies somewhat in different states4 #b4 ,to examine persons charged with crimes greater than those specified above1 and to dismiss them or hold them for trial in a court having jurisdiction1 as the facts seem to warrant4 #c4 ,to prevent crimes1 by requiring reckless persons to give security to keep the peace4 ,,proceedings ,,in ,,criminal ,,trial4 ,preliminary4 ,complaint4--,if a crime has been committed1 the sufferer1 or any one else1 may appear before the justice of the peace and make complaint1 under oath1 specifying the nature of the crime1 the time of its commission1 and the name of the person believed to have perpetrated it1 and requesting that he be apprehended for trial4 ,warrant4--,if upon careful examination of the complainant and any witnesses whom he may bring1 it appears that the offense has probably been committed1 the justice issues a warrant1 reciting the substance of the complaint1 and commanding an officer to arrest the accused and produce him for trial4 ,return4--,the officer arrests the accused1 brings him before the justice1 and makes a return of the warrant4 ,the return is a statement on the back of the warrant telling how its commands have been executed4 7,see p4 #bhc7 ,bail4--,the accused is entitled to a speedy trial4 ,but if for good cause it seems best to postpone it1 the accused may be released from custody upon giving sufficient bail for his appearance at the time fixed for trial4 ,if he cannot furnish bail1 he is committed to jail or left in charge of the officer4 ,subpoena4--,one good reason for postponing a trial is to enable the parties to secure witnesses4 ,to this end1 the justice issues subpoenas4 ,but in this case the witnesses must come without the tender of the fee4 ,the ,trial4 ,arraignment4--,the first step in the trial proper is to inform the defendant of the nature of the crime with which he is charged4 ,the accusation1 as stated in the warrant1 is distinctly read to him by the justice1 and he is required to plead thereto4 ,if he pleads guilty1 conviction and sentence may follow at once4 ,if he pleads not guilty1 the trial proceeds4 ,trial4--,after the joining of issue1 and before the court proceeds to the examination of the merits of the case1 a jury is impaneled as in a civil action4 ,a jury may be waived by the defendant4 ,then follow the taking of the testimony1 the arguments of counsel1 the consideration and verdict by the jury4 ,the defendant is then discharged if not guilty1 or sentenced if found guilty4 ,the penalty depends1 of course1 upon the nature of the offense4 ,,proceedings ,,in ,,examination4 ,need of ,examination4--,over crimes punishable by fine greater than #ajj or imprisonment for more than three months1 a justice of the peace usually has no jurisdiction of trial4 ,the action must be tried in the district court1 on the indictment of a grand jury4 ,but in the meantime the perpetrator of a crime might escape4 ,to prevent this1 the accused may be arrested and examined by a justice of the peace1 to ascertain whether or not there are sufficient grounds for holding him for trial4 ,proceedings4--,the preliminary proceedings are precisely like those in case of a trial4 ,upon complaint duly made a warrant is issued1 and the accused is arrested and brought before the justice4 ,in the presence of the accused1 the magistrate examines the complainant and witnesses in support of the prosecution1 upon oath1 in relation to any matter connected with such charge which may be deemed pertinent4 ,rights of ,accused4--,the accused has a right to have witnesses in his behalf1 and to have the aid of counsel1 who may cross-examine the witnesses for the prosecution4 ,the ,result4--,if it appears upon examination that the accused is innocent of the crime1 he is discharged4 ,if his guilt seems probable1 he is held to await the action of the grand jury4 ,in the case of some offenses bail may be accepted4 ,but if no suitable bail is offered1 or if the offense is not bailable1 the accused is committed to jail4 ,material witnesses for the prosecution may be required to give bonds for their appearance at the trial1 or in default thereof may be committed to jail4 ,reports4--,the justice makes a report of the proceedings in the examination1 and files it with the clerk of the court before which the accused is bound to appear for trial4 ,,proceedings ,,for ,,preventing ,,crime4 ,prefatory4--,but it is better to prevent crime than to punish it4 ,indeed1 one reason for punishing wrongdoers is that the fear of punishment may deter people from committing crime4 ,proceedings4--,as a conservator of the public peace1 then1 a justice may require persons to give bonds for good behavior4 ,the preliminary proceedings are similar to those in the case of a trial--the complaint1 warrant and return4 ,but the complainant simply alleges upon oath1 that a crime against his person or property has been threatened4 ,the examination is conducted as in case of a criminal offense4 ,result4--,if upon examination there appears reason to fear that the crime will be committed by the party complained of1 he shall be required to enter into recognizance to keep the peace1 failing in which he shall be committed to jail for the time to be covered by the surety1 said time not to exceed six months4 ,,remarks ,,on ,,criminal ,,trials4 ,the care for the rights of the accused is based upon the principle in our law1 that every man shall be held innocent till proved guilty4 ,another principle is that a person accused of crime cannot be tried in his absence4 ,the purpose of arresting him is to secure his presence at the trial4 ,if he can guarantee this by bail he is set at liberty1 otherwise he is confined in jail4 7,see p4 #bca47 ,pertinent ,questions4 ,are the justices and constables town1 county or state officers8 ,how is it known at the county seat who the justices and constables in each town are8 ,define docket1 summons1 warrant1 pleading1 subpoena1 crime1 felony1 misdemeanor1 venire1 costs1 execution1 recognizance4 ,why are there two justices in each town8 ,what is meant by change of venue8 ,how is an oath administered in court8 ,what persons may not serve as witnesses8 ,if a criminal should make confession of the crime to his lawyer1 could the lawyer be subpoenaed as a witness on the trial8 ,name some things exempt from execution in this state4 ,what is to hinder a bitter enemy of yours1 if you have one1 from having you committed to prison4 ,can a civil suit proceed in the absence of the defendant8 ,practical ,work4 ,assume that ,john ,smith bought from ,reuben ,white a cow1 the price agreed upon being #cj2 that ,smith refuses to pay1 and ,white sues him4 ,write up all the papers in the case1 make proper entries in the docket1 assessing costs1 etc4 ,,chapter ,,iv4 ,,the ,,incorporated ,,village4 ,need of4--,owing to conditions1 natural and artificial1 favorable to business enterprises1 people group together in certain places4 ,living in a limited area1 the amount of land occupied by each family is small1 and the territory is surveyed into lots and blocks4 ,to make each homestead accessible1 streets are laid out4 ,the distances traveled being short1 people go about principally on foot2 hence the need of sidewalks4 ,to reduce the danger of going about after dark1 street-lamps are needed4 ,the nearness of the houses to each other renders it necessary to take special precautions for the prevention of fires1 and for their extinguishment in case they break out4 ,but to provide and maintain all these things takes money1 and the people living in the other parts of the town not sharing the benefits would hardly like to help pay for them4 ,hence it is but just that the people living in the thickly settled portion of the town should be permitted to separate from the rest and form an organization by themselves4 ,again1 the circumstances being different1 the regulations must be different in this part of the town4 ,for instance1 in the country a man may drive as fast as he pleases1 while here fast driving endangers life and must be prohibited4 ,in the country sleigh-bells are not needed1 while here they must be used to warn people of the approach of teams4 ,in the country1 if a man's house takes fire no other person's property is endangered2 but here the danger is such that all the people are interested in each man's house1 and the community may require that chimneys be properly constructed and ashes safely disposed of4 ,how ,incorporated4--,villages are1 with rare exceptions1 incorporated under a general law specifying the number of inhabitants1 the mode of voting on incorporation1 etc4 ,the method in ,minnesota1 which may be taken as typical1 is as follows3 ,upon petition of thirty or more voters resident upon the lands to be incorporated1 which lands have been divided into lots and blocks1 the county commissioners appoint a time1 and give due notice thereof1 when the voters actually residing within the territory described1 may vote upon the question4 ,if a majority of those voting favor incorporation1 the commissioners file with the register of deeds the original petition1 a true copy of the notice of election1 and the certificate showing the result of the vote4 ,the village thus becomes incorporated1 and has the usual corporate powers4 ,it organizes by electing officers4 ,elective ,officers4--,the usual elective officers of a village are a president1 three trustees1 a treasurer1 and a recorder1 who are chosen for one year1 and two justices of the peace and a constable1 elected for two years4 ,footnote3 ,the difference in term is accounted for by the fact that the justices and constables are in a measure county officers4 ,the ,council and ,its ,powers4--,the president1 the three trustees1 and the recorder constitute the village council4 ,they may make1 for the following purposes among others1 such ordinances or by-laws as they deem necessary3 #a4 ,to establish and regulate a fire department2 to purchase apparatus for extinguishing fires2 to construct water-works2 to designate limits within which wooden buildings shall not be erected2 to regulate the manner of building and cleaning chimneys1 and of disposing of ashes2 and generally to enact such necessary measures for the prevention or extinguishment of fires as may be proper4 #b4 ,to lay out streets1 alleys1 parks1 and other public grounds2 to grade1 improve1 or discontinue them2 to make1 repair1 improve1 or discontinue sidewalks1 and to prevent their being encumbered with merchandise1 snow or other obstructions2 to regulate driving on the streets2 to appoint a street commissioner4 #c4 ,to erect lamp-posts and lamps1 and provide for the care and lighting of the lamps4 #d4 ,to appoint a board of health1 with due powers2 to provide public hospitals2 to regulate slaughter-houses2 to define1 prevent1 and abate nuisances4 #e4 ,to establish and maintain a public library and reading-room4 #f4 ,to prohibit gambling2 to prevent1 or license and regulate the sale of liquor1 the keeping of billiard-tables1 and the exhibition of circuses and shows of all kinds2 to appoint policemen1 and provide a place of confinement for offenders against the ordinances4 #g4 ,in general1 to ordain and establish all such ordinances and by-laws for the government and good order of the village1 the suppression of vice and immorality1 the prevention of crime1 the protection of public and private property1 the benefit of trade and commerce1 and the promotion of health1 not inconsistent with the constitution and laws of the ,united ,states or of this state1 as they shall deem expedient1 and to provide penalties for the violation of the ordinances4 ,all fines and penalties imposed belong to the village4 ,appointive ,officers4--,the council appoints1 as provided by law1 a village attorney1 a poundmaster1 one or more keepers of cemeteries1 one or more fire-wardens1 and regular and special policemen2 and it prescribes the duties and fixes the compensation of these officers4 ,the council also elects at its first meeting1 a village assessor1 who shall hold his office one year4 ,vacancies and ,removals4--,vacancies in any of the village offices are filled by the council1 and it has power to remove any officer elected or appointed by it whenever it seems that the public welfare will be promoted thereby4 ,like ,town ,officers4--,the assessor1 treasurer1 justices of the peace1 and constable1 have the same duties and responsibilities as the corresponding officers in the town4 ,the village has a seal1 of which the recorder is the custodian2 and he is1 as has been said1 a member of the council4 ,otherwise the duties of the recorder are similar to those of the town clerk4 ,elections4--,a village usually constitutes one election district and one road district4 ,village elections are conducted as are those in a town4 ,enlargements4--,lands adjoining the village may be annexed to it1 at the wish and with the consent of the voters of the territory and of the village4 ,the will of the voters aforesaid is expressed at an election called1 after due notice1 by the county commissioners4 ,some ,pertinent ,questions4 ,name the incorporated villages in your county4 ,any others that you know4 ,name some villages1 so-called1 which are not incorporated4 ,why are the petition and other papers of incorporation recorded8 ,can a person living in a village build a sidewalk to suit his own fancy8 ,why8 ,suppose that owing to a defective sidewalk you should break your leg1 what responsibility would lie on the village8 ,how would you get your pay if you had a bill against a village8 ,the village council has power to establish and regulate markets4 ,why should the sale of meats be regulated any more than the sale of flour or of clothing8 ,may the sale of bread be regulated8 ,what is the difference between a policeman and a constable4 ,compare the village and the town1 telling wherein they are alike and wherein they are different4 ,debate4 ,resolved1 ,that for a village of #ajjj inhabitants or less it is wise not to become incorporated4 ,,chapter ,v4 ,,the ,,city4 ,need ,of4--,a village being one election district has only one polling place4 ,the community may increase so in numbers as to make it necessary to have several voting places4 ,for the accommodation of the people1 these would naturally be located in different parts of the community2 and to prevent fraud1 voting precincts would have to be carefully defined4 ,the council would naturally be made up of representatives from these divisions4 ,when1 under this arrangement1 the voters assemble in different parts of the community1 they could not listen to financial reports and vote taxes1 as they do in the town and the village4 ,hence it would be necessary to endow the council with increased powers1 including the power to levy taxes without the direct authorization of the people4 ,the expenses for public improvements1 for waterworks1 sewers1 street-lighting1 etc41 may take more money than it would be prudent to assess upon the community for immediate payment4 ,in this case it would be desirable for the community to have the power to issue bonds4 ,again1 with increase in population there is an increase in the number of disputes over private rights1 and temptations to crime become more numerous4 ,hence the need of one or more courts having jurisdiction greater than that possessed by justices of the peace4 ,the conditions necessitate also an increase in the number and the efficiency of the police4 ,and to render the police efficient it is necessary that they be under the direction of one man1 the same one who is responsible for the carrying out of the ordinances of the council1 namely1 the mayor4 ,a community organized to comply with the foregoing requirements--divided into wards1 having a council made up of aldermen from those wards1 having a council authorized to levy taxes at its discretion1 having a municipal court1 having regularly employed police acting under the direction of the mayor--is a city1 as the term is generally used in the ,united ,states4 ,another reason for establishing a city government is frequently potent1 although unmentioned4 ,the pride of the community can be thereby indulged1 and more citizens can have their ambition to hold public office gratified4 ,how ,organized4--,a city may be organized under general law or special charter from the legislature4 ,large cities1 and small ones with great expectations1 usually work under a charter4 ,but the custom is growing of organizing cities at first under general law4 ,then if a city outgrows the general law1 grows so that it needs powers and privileges not granted therein1 it may properly ask the legislature for a special charter4 ,as a type1 the principal provisions of the general law of ,minnesota are here given1 as follows3 ,whenever the legal voters residing within the limits of a territory comprising not less than two thousand inhabitants1 and not more than fifteen thousand1 and which territory they wish to have incorporated as a city1 shall sign and have presented to the judge of probate of the county in which such territory is situated1 a petition setting forth the metes and bounds of said city1 and of the several wards thereof1 and praying that said city shall be incorporated under such name as may therein be designated1 the judge of probate shall issue an order declaring such territory duly incorporated as a city1 and shall designate the metes1 bounds1 wards1 and name thereof1 as in said petition described4 ,and the judge of probate designates the time and places of holding the first election1 giving due notice thereof4 ,he also appoints three persons in each ward1 of which there shall be not less than two nor more than five1 to act as judges of election4 ,the corporation is established upon the presentation of the petition1 and the organization is completed by the election of officers4 ,the usual elective officers of a city are a mayor1 a treasurer1 a recorder1 one justice of the peace for each ward1 styled city justice1 all of whom shall be qualified voters of the city1 and one or more aldermen for each ward1 who shall be qualified voters therein4 ,all other city officers are appointed4 ,the term of mayor1 city justices and aldermen is in most states two years2 that of the other officers1 one year4 ,any officer of the city may be removed from office by vote of two-thirds of the whole number of aldermen4 ,but an elective officer must be given an opportunity to be heard in his own defense4 ,a vacancy in the office of mayor or alderman is filled by a new election4 ,a vacancy in any other office is filled by appointment4 ,the person elected or appointed serves for the unexpired term4 ,the ,mayor is the chief executive officer and head of the police of the city4 ,by and with the consent of the council1 he appoints a chief of police and other police officers and watchmen4 ,in case of disturbance he may appoint as many special constables as he may think necessary1 and he may discharge them whenever he thinks their services no longer needed4 ,the ,city ,council consists of the aldermen4 ,footnote3 ,in some states the city council consists of two bodies4 ,it is the judge of the election of its own members4 ,a majority of the members elected constitutes a quorum for the transaction of business4 ,the council chooses its own president and vice-president4 ,in case the mayor is absent from the city or for any reason is temporarily unable to act1 the president of the council acts as mayor1 with the title ,acting ,mayor4 ,passing ,ordinances4--,the mode of passing an ordinance is unlike anything that we have considered up to this time1 and deserves special attention on account of its resemblance to the mode of making laws in the state and general governments4 ,it is as follows4 ,if a proposed ordinance is voted for by a majority of the members of the council present at any meeting1 it is presented to the mayor4 ,if he approves it1 he signs it1 and it becomes an ordinance4 ,but if he does not approve it1 he returns it1 through the recorder1 to the council1 together with his objections4 ,footnote3 ,this is called vetoing it1 from a ,latin word veto1 meaning ,i forbid4,the council1 then reconsiders the proposed ordinance in the light of the mayor's objections4 ,if1 after such reconsideration1 two-thirds of the members elected vote for it1 it becomes an ordinance1 just as if approved by the mayor4 ,if an ordinance or resolution shall not be returned by the mayor within five days1 ,sundays excepted1 after it shall have been presented to him1 it shall have the same effect as if approved by him4 ,publication of ,ordinances4--,the ordinances and by-laws of the council are published in a newspaper of the city1 selected by the council as the official means of publication1 and are posted in three conspicuous places in each ward for two weeks1 before they become operative4 ,council ,powers4--,the city council has about the same powers as a village council in regard to streets1 the prevention and extinguishment of fires1 etc4--the same in kind but somewhat more extensive4 ,but it can also levy taxes for public purposes1 as has before been said4 ,it usually elects the assessor1 the city attorney1 the street commissioner1 and a city surveyor1 and in some states other officers4 ,the recorder1 treasurer1 assessor1 justices of the peace1 and police constables1 have duties similar to those of the corresponding officers in a village or a town4 ,some ,pertinent ,questions4 ,if two persons should claim the same seat in the city council1 who would decide the matter8 ,state three ways in which a proposed ordinance may become an ordinance4 ,two ways in which it may fail4 ,how can persons living in a city find out what ordinances the council passes8 ,how far are the ordinances of any city operative8 ,compare the government of a village with that of a city4 ,are school affairs managed by the city council8 ,how is it in a village8 ,in a town4 ,if a new school-house is needed in a city1 and there is not money enough in the treasury to build it1 what can be done8 ,if you live in a city having a special charter1 borrow a copy of it from a lawyer or from the city recorder1 and find out what powers and privileges are granted to the corporation not specified in the general law2 what limitations are imposed2 and1 if a municipal court is provided for1 what its jurisdiction is in civil actions and in criminal prosecutions4 ,name the principal officers in your city4 ,the aldermen from your ward4 ,what are some of the dangers of city government8 ,consult ,macy's ,our ,government1 pp4 #ea-ec1 and ,nordhoff's ,politics for ,young ,americans4 ,questions for ,debate4 ,resolved1 ,that for a community of #ejjj inhabitants or less a village organization is better than a city organization4 ,,chapter ,,vi4 ,,the ,,county4 ,need ,of4--,a county organization is needed for the following reasons3 #a4 ,to establish the lower organizations4 ,as we have seen1 the organizations within the county are established by county officers4 ,but1 it may properly be asked1 why not have them organized by the state directly8 ,there are at least three good reasons3 ,in the first place1 it would be too burdensome to the state2 that is1 the state would act through the legislature1 and to organize all the individual school districts1 towns1 villages1 and cities1 would take up too much of the time of the legislature4 ,in the second place1 the organizing could only be done at certain times1 namely during the session of the legislature1 and in the meantime communities would have to wait4 ,in the third place1 the records of incorporation would be inaccessible in case they were needed for reference4 #b4 ,to serve as a medium between the state and the lower organizations4 ,the state uses the town1 village1 and city to value property for purposes of taxation and as election districts4 ,but it gets its taxes and its election returns through the county4 ,here again may arise the question1 why not send the state taxes directly to the capital and make election returns directly also8 ,at least two good reasons appear3 ,it would increase the work and therefore the number of officials at the capital1 and if a mistake should be made it could not be so easily discovered and corrected4 #c4 ,to carry on public works beyond the power of the towns individually4 ,a desired local improvement may be beyond the power of a town either because it is outside of the jurisdiction of the town or because of its expense4 ,thus1 a road may be needed between two centers of population1 villages or cities1 which would run through several towns1 while the jurisdiction of the towns individually extends only to their own borders4 ,or a bridge over a wide stream may be needed1 which would be too expensive for the town in which it is located4 ,the road and the bridge would better be provided by the county4,footnote3 ,sometimes state aid is secured4 ,do you think it wise1 as a rule1 for the state to grant such aid8 ,and the poor can generally be better cared for by the county than by the individual towns1 for the county can erect and maintain a poor-house4 #d4 ,to secure certain local officers not needed in every town2 for instance1 a register of deeds1 the coroner1 the judge of probate1 the superintendent of schools 7in most states71 and the surveyor4 #e4 ,to serve as a territorial basis for the apportionment of members of the legislature4 ,this is1 perhaps1 merely an incidental gain4 ,but its convenience in defining legislative districts is obvious4 #f4 ,to make justice cheap and accessible4 ,it is well in many ways1 as we have seen1 to have in every town1 village1 and city1 courts of limited jurisdiction4 ,but to establish justice in any generous or satisfying sense there should be within the reach of every citizen a court competent to try any difference between individuals regardless of the amount in controversy1 and able to punish any crime against the laws of the state4 ,to bring such a court within the reach of every one was the original reason for the establishment of the county1 and remains today the greatest advantage derived from its existence4 ,establishment4--,counties are established by the state legislature4 ,in thinly settled parts of a state the counties are much larger than in the populous parts4 ,a county should be large enough to make its administration economical1 and yet small enough to bring its seat of justice within easy reach of every one within its boundaries4 ,in the ideal county a person living in any part thereof can go to the county seat by team1 have several hours for business1 and return home the same day4 ,county ,board4--,the administration of county affairs is in the hands of the county commissioners or supervisors4 ,this board is usually constructed on one of two plans3 ,either it consists of three or five members1 the county being divided into commissioner districts2 or else it is constituted of the chairmen or other member of each of the several town boards4 ,the former plan prevails in ,minnesota1 ,iowa1 and other states2 the latter in ,wisconsin1 ,michigan1 most of ,illinois1 and in other states4 ,the commissioners have charge of county roads and bridges1 county buildings and other county property1 and the care of the county poor4 ,through the commissioners the county exercises the usual corporate powers4 ,recording ,officer4--,the recording officer of the county is called in some states the county auditor1 in others the recorder1 and in others the county clerk4 ,as we would expect1 he is secretary of the board of commissioners and the custodian of county papers2 and all orders upon the treasurer are issued by him4 ,the auditor is also bookkeeper for the county1 that is1 he keeps an account of the money received and paid out by the county treasurer4 ,in ,minnesota and some other states1 he computes all the taxes for the county1 ,footnote3 ,in some states1 among them ,wisconsin1 this computation is performed by the several town clerks1 and the moneys are collected by the town treasurers4 and makes the tax-lists1 showing in books provided for the purpose just how much the tax is on each piece of real estate and on personal property4 ,these books he turns over to the county treasurer to be used in collecting the taxes4 ,treasurer4--,the county treasurer is1 in some states1 one of the most important officers4 ,he is the great financial agent1 collecting all the taxes paid by the people for school1 town1 village1 city1 county and state purposes1 except assessments for city sidewalks and street grading4 ,great care must1 therefore1 be taken to guard the public money4 ,the precautions serve as a check upon weak or dishonest officials1 while right-minded ones welcome them as keeping their good name above suspicion4 ,as a type1 the precautions taken in ,minnesota are given1 to-wit3 #a4 ,the selection of an honest man for the office1 so far as possible1 is a prime consideration4 #b4 ,the treasurer must give a bond for such amount as the county commissioners direct4 #c4 ,he shall pay out money only upon the order of proper authority4 ,footnote3 ,moneys belonging to school district1 town1 village1 or city1 are paid on the warrant of the county auditor2 county money1 on the order of the county commissioners1 signed by the chairman and attested by the county auditor2 state money1 on the draft of the state auditor in favor of the state treasurer4 ,this order signed by the payee is the treasurer's receipt or voucher4 #d4 ,he shall keep his books so as to show the amount received and paid on account of separate and distinct funds or appropriations1 which he shall exhibit in separate accounts4 #e4 ,the books must be balanced at the close of each day4 #f4 ,when any money is paid to the county treasurer1 excepting that paid on taxes charged on duplicate1 the treasurer shall give1 to the person paying the same1 duplicate receipts therefor1 one of which such persons shall forthwith deposit with the county auditor1 in order that the county treasurer may be charged with the amount thereof4 #g4 ,the county auditor1 the chairman of the board of county commissioners1 and the clerk of the district court1 acting as an auditing board1 carefully examine at least three times a year the accounts1 books and vouchers of the county treasurer1 and count the money in the treasury4 #h4 ,the state examiner makes a similar examination at least once a year4 ,no notice is given in either case4 #i4 ,as security against robbers1 the money in the possession of the county treasurer must be deposited on or before the first of every month in one or more banks4 ,the banks are designated by the auditing board1 and must give bonds for twice the amount to be deposited4 ,register of ,deeds4--,without hope of reward no one would work4 ,to encourage frugality1 people must be reasonably secure in the possession of their savings4 ,one of the things for which a person strives is a home4 ,therefore1 great care is taken to render a person who has bought a home1 or other landed property1 secure in its possession4 ,among the means employed are these3 #a4 ,the purchaser is given a written title to the land4 ,this is called a deed4 #b4 ,in order that any person may find out who owns the land1 thus preventing a person reputed to own it from selling it1 or the owner from selling to several persons1 a copy of the deed is made by a competent and responsible public officer in a book which is kept for that purpose and which is open to public inspection4 ,this is called registering the deed1 and the officer is called the register of deeds4 ,footnote3 ,incidentally this officer records other instruments1 such as official bonds1 official oaths1 etc4 ,the register may have assistants1 if necessary1 he being responsible for their work4 ,judge of ,probate4--,but not only should a person enjoy the fruit of his labors while living1 he should also be able to feel that at his death his property shall descend to his family or others whom he loves4 ,many persons before they die make a written statement1 telling how they wish their property disposed of4 ,this written statement is called a will or testament4 ,some who are possessed of property die without making a will4 ,they are said to die intestate4 ,to see that the provisions of wills1 if any be made1 are complied with1 and1 in case no will is made1 to make sure that the property comes into possession of those best entitled to it1 is the important and wellnigh sacred duty of an officer called the judge of probate4 ,if no one is named in the will to look after the education and property of minor heirs1 the judge of probate may appoint a guardian4 ,the appointee must give bonds for the faithful discharge of his duty4 ,footnote3 see chapter ,,vii4 ,incidentally it is made the duty of the judge of probate to appoint guardians for any persons needing them1 such as insane persons1 spendthrifts1 and the like4 ,he seems to be the friend of the weak4 ,county ,surveyor4--,to survey all public improvements for the county1 such as roads1 lands for public buildings1 c41 there is an officer called the county surveyor4 ,he is required to preserve his field notes in county books furnished for the purpose4 ,individuals frequently call upon him to settle disputes about boundary lines between their estates4 ,superintendent of ,schools4--,not every one is competent to teach1 and to protect the children as far as possible from having their time worse than wasted by incompetent would-be teachers1 is the very responsible duty of the county superintendent of schools4 ,from among those who present themselves as candidates he selects by a careful examination those whom he deems most competent1 and gives to each a certificate of qualification4 ,he visits the schools and counsels with the teachers regarding methods of instruction and management4 ,it is his duty also to hold teacher's meetings4 ,he reports annually to the state superintendent of public instruction such facts as the superintendent calls for4 ,county ,attorney4--,like railroads and other corporations1 the county keeps a regularly employed attorney to act for it in all suits at law4 ,this officer is called the county attorney4 ,he represents the state in all criminal prosecutions and is for this reason sometimes called the state's attorney4 ,sheriff4--,an ancient officer of the county is the sheriff4 ,he has three principal lines of duty3 #a4 ,to preserve the peace within the county4 #b4 ,to attend court4 #c4 ,to serve processes4 ,he pursues criminals and commits them to jail4 ,he has charge of the county jail and is responsible for the custody of the prisoners confined in it4 ,he opens and closes each session of the district court1 and during the term has charge of the witnesses1 the juries1 and the prisoners4 ,it is his duty to carry into execution the sentence of the court4 ,he serves writs and processes not only for the district court1 but also for justices of the peace and court commissioners4 ,coroner4--,another officer of the county1 ancient almost as the sheriff1 is the coroner4 ,if the dead body of a human being is found under circumstances which warrant the suspicion that the deceased came to his death by violence1 it is the coroner's duty to investigate the matter and ascertain if possible the cause of the death4 ,he is aided by a jury summoned by him for the purpose4 ,at a time in early ,english history when the only county officers were the sheriff and the coroner1 the coroner acted as sheriff when the latter was for any reason incapacitated4 ,and the practice still continues4 ,thus1 if there is a vacancy in the office of sheriff1 the coroner acts till a new sheriff is chosen4 ,and in most states the coroner is the only officer who can serve process upon the sheriff or who can arrest him4 ,clerk of the ,court4--,the district court ,footnote3 ,see next chapter4 is a court of record4 ,that is1 it has a seal and a special officer to record its proceedings4 ,he is called the clerk of the court4 ,he of course also files and preserves the papers in each case4 ,he has also certain incidental duties4 ,court ,commissioner4--,court is not always in session1 and there are certain powers possessed by a judge in chambers1 that is1 which the judge may exercise out of court4 ,for instance1 he may grant a writ of attachment or of habeas corpus4 ,where a judicial district comprises several counties1 as is usually the case1 a provision is made in some states for an officer in each county authorized to perform such duties in the absence of the judge4 ,in ,minnesota and most other states he is called the court commissioner4 ,election and ,term4--,the county officers are in most sections of the country elected by the people of the county4 ,the term is usually two years4 ,removals and ,vacancies4--,provision is made for the removal of any county officer for non-feasance or malfeasance in office4 ,the power to remove is generally vested in the governor4 ,the accused must be given an opportunity to be heard in his own defense4 ,vacancies are generally filled by the county commissioners4 ,they appoint some one1 not one of themselves1 to serve until the next election4 ,qualifying4--,each officer before assuming the duties of his office takes the official oath4 ,all of the officers except the commissioners and the superintendent of schools are required to give bonds4 ,copies of these bonds are preserved by the register of deeds1 and the originals are forwarded to the secretary of state4 ,compensation4--,compensation is usually by salary or by fees4 ,the matter is usually in the hands of the county commissioners1 except so far as concerns their own compensation1 which is fixed by law4 ,this is usually a per diem4 ,eligibility4--,any voter who has resided in the county a certain time 7usually about thirty days7 is eligible to any county office1 except that of attorney or court commissioner4 ,the former must be a person admitted to practice in all the courts of the state4 ,the latter must be a man learned in the law4 ,in some cases a person may hold two offices at the same time2 thus1 a person may be court commissioner and judge of probate4 ,but no person can hold two offices one of which is meant to be a check upon the other4 ,for instance1 no one could be auditor and treasurer at the same time4 ,in some states there is a bar against holding certain offices for two terms in succession4 ,some ,pertinent ,questions4 ,what is the difference between a town road and a county road8 ,point out one of each kind4 ,if you wanted a change in a county road1 to whom would you apply8 ,get a warranty deed and fill it out for a supposed sale4 ,compare with it a mortgage deed4 ,a quitclaim deed4 ,compare a mortgage deed with a chattel mortgage4 ,account for the differences4 ,if ,a buys a farm from ,b and does not file his deed1 who owns the farm8 ,if a man possessing some property should get into habits of gambling and debauchery1 squandering his money and not providing for his family1 what could be done8 ,on what grounds could this interference by a public officer be justified8 ,who would be keeper of the jail if the sheriff should be a prisoner8 ,why not one of the deputy sheriffs8 ,study out carefully the derivation of the words auditor1 sheriff1 coroner1 probate1 commissioner1 supervisor1 superintendent4 ,the county attorney is usually paid a salary while the register of deeds usually gets the fees of his office4 ,what seems to govern in the matter8 ,name the salaried officers in this county4 ,the officers who are paid fees4 ,to whom are school taxes paid8 ,town taxes8 ,county taxes8 ,state taxes8 ,how much of the money paid at this time goes to the ,united ,states8 ,how does the tax collector know how much to take from each person8 ,from whom does he get this book8 ,the amount of a person's tax depends upon the value of his property and the rate of tax4 ,how is the former fact ascertained8 ,to whom1 then1 does the assessor report when he has concluded his labors8 ,the rate of tax depends upon the amount to be raised and the value of the property on which it is to be assessed4 ,who determines how much money shall be raised in a district for school purposes during any year8 ,when is this determined8 ,who records the proceedings of the meeting8 ,to whom must he report the amount of tax voted8 ,who determines how much money is to be raised in the town for bridges1 etc48 ,when8 ,who records the proceedings of the meeting8 ,to whom must he report the amount of tax voted8 ,who vote the taxes in a village8 ,when8 ,who reports to the computing officer8 ,who vote the taxes in a city8 ,why not the people8 ,when8 ,how reported to the computing officer8 ,who determines how much money is to be raised for county purposes8 ,when8 ,who is secretary of the meeting8 ,to whom does he report8 ,who determines how much money shall be raised for state purposes8 ,how does the proper officer become acquainted with the facts necessary to the raising of the money8 ,state the gist of the matter brought out by the questions in the last four paragraphs4 ,how does the school district treasurer get the school district money8 ,trace a dollar from the time it leaves a farmer's hand as taxes till it reaches the teacher as salary4 ,if you had a bill against the county how would you get your pay8 ,what could you do if pay were refused8 ,make out in due form a bill against your county4 ,,chapter ,,vii4 ,,establishing ,,justice ,,in ,,the ,,county4 ,classes of ,cases4--,there are three general classes of judicial business carried on in the county3 probate business1 civil actions1 and criminal prosecutions4 ,,probate ,,courts4 ,jurisdiction4--,the principal business and characteristic work of probate courts is the settlement of the estates of deceased persons4 ,jurisdiction extends in most states over both personal property and real estate4 ,incidentally probate courts appoint guardians for minors and others subject to guardianship1 and control the conduct and settle the accounts of such appointees4 ,in many states jurisdiction wholly extraneous to the characteristic work of these courts is imposed upon them1 or the probate business is associated with other jurisdiction in the same court4 ,thus1 in ,minnesota the judge of probate is petitioned in the organization of cities1 as we have seen4 ,in ,wisconsin1 the county court1 which has charge of the probate business1 has civil jurisdiction also4 ,in ,illinois1 the county court in addition to the probate business has jurisdiction in proceedings for the collection of taxes and assessments4 ,and in ,kansas1 the probate court has jurisdiction in cases of habeas corpus4 ,procedure in case a ,will has been made4--,the proceedings of a probate court have in view two chief objects1 namely1 to pay the debts of the deceased and to distribute the remainder of his property among those entitled to it4 ,in case the deceased has left a will1 the proceedings are as follows3 #a4 ,petition for probate4 ,within a short time1 usually thirty days1 after the death of the testator1 the executor or other custodian of the will presents it to the probate court with a petition that it be admitted to probate4 7,for form of petition1 see p4 #bhf47 #b4 ,citation to persons interested4 ,acting on the petition1 the probate judge publishes in a newspaper a notice to all persons interested in the estate that at a specified time1 action will be taken on the petition4 ,to afford all who are interested an opportunity to be present at the hearing1 the notice must be published for a prescribed time1 and in some states each of the heirs must1 if possible1 be personally notified4 #c4 ,hearing the proofs4 ,at the time specified in the notice1 unless postponement be granted for cause1 the proofs of the validity of the will are presented4 ,it must be shown that the testator is dead1 that the instrument was executed by him voluntarily1 in the manner prescribed by statute1 and while he was of sound mind and disposing memory4 ,usually it will be sufficient for the two witnesses to the instrument to appear and testify to the material facts4 ,if any one interested in the distribution of the property thinks that this will should not be accepted as the last will and testament of the deceased1 he should now enter objections4 ,in case of a contest1 the proceedings are about the same as those in a justice or circuit court2 but there is no jury in the probate court1 nor is there any plea except the petition4 #d4 ,admission to probate4 ,if the proofs are satisfactory to the court1 the will is admitted to probate1 that is1 it is accepted as true and valid4 ,its validity is established by a decree of the court1 and a certificate of the fact is attached to the will4 ,a copy of the will is made in a book kept for the purpose4 ,the original and all the papers in the case are filed and preserved by the judge of probate4 7,see pp4 #bhg and #bhh47 #e4 ,issuance of letters testamentary4 ,the genuineness of the will being established1 it is now in order to carry out its provisions4 ,usually the testator designates in his will the person or persons whom he wishes to act as his representative in the settlement of the estate4 ,such a person is called an executor4 ,if no person is so named1 the court appoints an administrator with the will annexed4 ,in either case the person derives his authority from the court4 ,unless excused in the will1 the executor or administrator is required to give bonds proportioned to the amount of the personal property in the estate1 the amount of bond being specified by the court4 ,the executor is then furnished with a copy of the will and with letters testamentary4 7,the authority granted by the letters may be seen by reference to the form in the appendix1 p4 #bhh47 #f4 ,notice to creditors4 ,it is a principle of law that all just debts shall be paid out of one's property before any further disposition thereof can take effect4 ,in order that all persons having claims against the estate of the deceased may have an opportunity to present their accounts1 a time for such presentation is designated by the court1 and due notice thereof is given1 usually by publication in a newspaper4 #g4 ,inventory of the estate4 ,in the meantime1 the executor makes an inventory of the property1 and appraisers appointed for the purpose put a value thereon1 the several items of the inventory being valued separately4 #h4 ,auditing claims4 ,at the time appointed in the notice1 the court passes upon the claims of creditors4 ,since unscrupulous persons are at such times tempted to present fraudulent claims1 the judge exercises great care in examining the accounts4 ,to facilitate matters it is required that accounts be itemized1 and that they be verified by oath4 ,debts are paid out of the personal property1 if there be enough4 ,if not1 the court authorizes the executor to sell real estate to pay the balance4 #i4 ,settlement of estate and division of property4 ,the executor having collected debts due the estate and settled all claims against it1 makes his final statement to the court1 and the remaining property is distributed among the heirs and legatees4 ,to continue and perfect the chain of title1 the division of the real estate is recorded in the office of the register of deeds4 ,if there are minor heirs1 the court appoints guardians for them4 ,procedure in case no ,will is made4--,if there is no will1 the four steps which have in view the establishment of the validity of the will1 are unnecessary4 ,the initial step in this case is the appointment of an administrator to do the work which under a will is done by the executor4 ,in order that an administrator acceptable to the heirs may be appointed1 the following steps are taken3 #a4 ,someone interested in the estate petitions for the appointment of a certain person as administrator4 #b4 ,notice of hearing is given by publication1 citing those interested in the estate to appear at a certain day if they desire to enter any objection to the appointment4 #c4 ,if at the time specified for the hearing no objection is made1 the person petitioned for is appointed administrator1 and letters of administration are issued to him4 ,then beginning with the sixth step the proceedings are substantially the same as in case of a will1 except that the basis of distribution in the ninth is the law instead of the will4 ,as befits an authority which thus pervades the sanctity of a household1 crosses the threshold and exposes to public view the chamber of mourning1 probate jurisdiction in the ,united ,states is exercised with great simplicity of form as well as decorum4 ,footnote3 ,schouler's ,executors and ,administrators4 ,some ,pertinent ,questions4 ,what is a will8 ,footnote3 ,see ,dole's ,talks about ,law4 ,why must it be in writing8 ,must it be in the handwriting of the testator8 ,why are the witnesses essential8 ,is the form of a will essential8 ,is it necessary that the witnesses know the contents of the will8 ,what is the difference between an heir and a legatee8 ,may either be witness to the will8 ,why8 ,if the witnesses die before the testator1 how can the will be proved8 ,what is a codicil8 ,if there be two wills of different dates1 which will stand8 ,what difference does it make whether a person having property makes a will or not8 ,group the proceedings in case of a will into three groups4 ,a minor may have two guardians1 one of its person and the other of its property8 ,why8 ,what is to hinder a guardian from abusing his trust8 ,,district1 ,,circuit ,,or ,,superior ,,courts4 ,jurisdiction4--,this court has original jurisdiction in all civil and criminal cases within the district which do not come within the jurisdiction of the justice courts4 ,it has appellate jurisdiction from probate and justice courts as provided by law4 ,procedure4--,the proceedings are substantially the same as in a justice court except that in criminal cases they are based upon an indictment by the grand jury1 and after the arguments the judge charges the jury1 that is1 instructs it regarding its duty4 ,pleadings4--,the pleadings in the district court are somewhat more elaborate than in a justice court1 and a few words in regard to them further than what has already been given may not be out of place here4 ,the defendant in making his plea may raise a question as to the jurisdiction of the court1 or he may ask that the case be thrown out of court on account of some irregularity of the writ upon which it is based4 ,since these pleas1 if successful1 simply delay the trial1 because a new suit may afterwards be brought1 they are called dilatory pleas4 ,but he may deny the plaintiff's ground of action by denying the allegations of the plaintiff and challenging him to trial4 ,this plea is called the general issue4 ,he may admit the plaintiff's allegations but plead other facts to avoid their effect4 ,this is called the plea of confession and avoidance4 ,these pleas are on the merits of the case1 and are called pleas in bar4 ,there are other pleas of this kind4 ,pleas in bar1 except the general issue1 may give rise to counter pleas introduced by the parties alternately4 ,but the issue may be one of law instead of fact1 and the defendant may enter a demurrer1 claiming that the matters alleged are not sufficient in law to sustain the action4 ,evidence4--,some of the fundamental principles or rules which govern the taking of evidence and the weighing of testimony may properly appear here4 ,these rules are designed to exclude all irrelevant matter and to secure the best proof that can be had4 #a4 ,witnesses must be competent4 ,that is1 in general1 they must be able to understand the nature and solemnity of an oath4 ,this will usually exclude children below a certain age1 insane persons and persons drunk at the time of offering testimony4 #b4 ,witnesses must testify of their own knowledge4 ,usually they are barred from telling what they simply believe to be the fact or what they have learned from hearsay4 #c4 ,evidence must go to prove the material allegations of the pleadings4 ,it must be confined to the question at issue4 ,it is to be observed that the evidence must not only go to prove the matter alleged1 but it must be the material not the superfluous matter4 ,what is material and what superfluous will depend upon the case4 ,thus if it is alleged that a suit of clothes was obtained by the defendant at a certain time1 his obtaining the clothes is the material fact and the time may be superfluous or immaterial4 ,but if a note is in controversy its date is material as establishing its identity4 #d4 ,the evidence must be the best of which the case is susceptible4 ,thus1 in case of a written instrument the best evidence is the instrument itself2 the next best1 a copy of it2 the next1 oral statement of its contents4 ,and a copy will not be accepted if the original can be produced4 #e4 ,the burden of proof lies on the affirmative4 ,in civil cases the party affirming is usually the plaintiff4 ,in criminal cases it is the state4 ,harmonizing with this principle is the constitutional provision that in criminal cases the accused shall not be required to give evidence against himself4 ,these are the principal rules of evidence1 but they have many applications4 ,learned volumes have been written elaborating them4 ,grand ,jury4--,a grand jury may be defined as a body of men returned at stated periods from the citizens of the county1 before a court of competent jurisdiction1 chosen by lot1 and sworn to inquire of public offenses committed or triable in the county4 ,the number of grand jurors was formerly twenty-three4 ,by statute many of the states have fixed upon a smaller number1 ,oregon having only seven4 ,a common number is fifteen4 ,some states have no grand jury4 ,in some others the grand jury is summoned only when requested by the court4 ,the ,united ,states constitution and most of the ,state constitutions declare that no person shall be held to answer for a criminal offense1 except a minor one1 unless on the presentment or indictment of a grand jury4 ,this is to save people from the vexation and expense of arrest and trial unless there is reasonable presumption of their guilt4 ,on the other hand1 a grand jury should aid in bringing to justice persons who indulge in practices subversive of public peace1 but which individuals are disinclined to prosecute1 such as gambling4 ,incidentally the grand jury examines into the condition of the county jail and poor-house4 ,the mode of selecting grand jurors is in general the same in all the states4 ,the steps are three3 first1 the careful preparation of a list of persons in the county qualified to serve2 second1 the selection1 by lot1 from this list of the number of persons needed2 third1 the summoning of the persons so chosen4 ,the number of persons in the first list is from two to three times the number of jurors4 ,the preparation of the list is in some states entrusted to the county board2 in others1 to jury commissioners2 in others1 to the local boards4 ,the names are reported to the clerk of the court1 who in the presence of witnesses1 makes the selection by lot4 ,the summoning is done by the sheriff4 ,on the first day of the term1 the court appoints one of the jurors foreman4 ,the jury is then sworn1 and1 after being charged by the court1 retires to a private room and proceeds to the performance of its duty4 ,the deliberations of the grand jury are conducted in secret4 ,it may1 however1 summon and examine witnesses1 ,footnote3 ,witnesses for the accused are not usually examined by the grand jury4 and may have the advice of the court or of the county attorney4 ,the fact that a crime has been committed within the county may be brought to the notice of the grand jury by any member thereof or by any other person4 ,if upon examination there seems to be reason for believing that it was committed by the person accused1 the county attorney is called upon to frame a formal accusation against him1 called an indictment1 which is endorsed with the words a true bill1 and sent to the court4 ,upon the indictment the person accused is arrested and tried4 ,if the evidence against the accused is insufficient to warrant indictment1 but yet his innocence is questionable1 the grand jury may bring a presentment against him4 ,this is an informal statement in writing addressed to the court setting forth the offense and stating that there is a reasonable probability that a certain person1 named1 has committed it4 ,a person arrested on a presentment is examined before a justice of the peace or other magistrate1 as if arrested on a complaint4 ,neither an indictment nor a presentment can issue except upon concurrence of the number of grand jurors specified by statute4 ,under former practice the jury numbered twenty-three and the concurrence of twelve was necessary4 ,the grand jury is bound to investigate the charge against any one held by a justice to await the action of the grand jury2 also any charge brought by a member of the grand jury4 ,and conversely it is the sworn duty of each member to report any crime known by him to have been committed within the county4 ,any outsider may file information or bring charges1 but the grand jury may use its own judgment as to the necessity of investigating them4 ,petit ,jury4--,a petit jury is a body of twelve men impaneled and sworn in a district court to try and determine by a true and unanimous verdict1 any question or issue of fact1 in any civil or criminal action or proceeding1 according to law and the evidence as given them in court4 ,the mode of selecting petit jurors is in general the same as that pursued in selecting grand jurors4 ,the list of persons qualified to serve is1 however1 usually larger4 ,the selection by lot is made thus3 slips of paper1 each containing one of the names1 are folded and deposited in a box4 ,the box is shaken1 and the prescribed number of slips is drawn4 ,the persons whose names thus appear are summoned as jurors4 ,when an action is called for trial by jury1 the clerk draws from the jury box the ballots containing the names of the jurors1 until the jury is completed or the ballots exhausted4 ,if necessary1 the sheriff under direction of the court summons bystanders or others in the county to complete the jury4 ,such persons are called talesmen4 ,to secure an impartial jury1 each party may object to or challenge1 a number of the jurors4 ,the challenge may be peremptory or for cause4 ,the peremptory challenge1 as its name implies1 is one in which no reason need be assigned4 ,the number of such challenges must1 of course1 be limited4 ,in civil suits it is usually limited to three by each party4 ,in criminal cases1 the state has usually two peremptory challenges and the defendant five4 ,if the offense is punishable with death or state prison for life1 the state has in ,minnesota seven peremptory challenges and the defendant twenty4 ,challenges for cause may be either general or particular4 ,a general challenge of a proposed juror may be made on the basis of his incompetency or unworthiness to act in such capacity in any action4 ,a particular challenge may be based on some bias in this particular case which would unfit the proposed juror for rendering an impartial verdict4 ,habeas ,corpus4--,not connected directly with trials but related to the district court is the writ of habeas corpus4 ,this is the most famous writ in law1 and has been styled the chief bulwark of liberty4 ,it was designed originally to secure a person from being detained in prison without due process of law1 and it served as a mighty check upon arbitrary power4 ,its operation has been extended so as to include any detention against the will of the person detained4 ,the writ1 as will be seen by reference to the appendix 7p4 #bij71 commands the person holding another in custody to bring him before the judge and show cause for the detention4 ,if the judge finds that the prisoner is detained for cause he remands him to custody2 if not he orders his discharge4 ,concluding ,remarks4--,this discussion might easily be continued4 ,volumes have been written on the administration of justice4 ,but perhaps enough has been given to show that great care is taken to protect the interests of the innocent and to do equal and exact justice to all4 ,in view of flippant remarks sometimes made regarding courts of justice1 it is pertinent and proper to go at least so far into detail4 ,the study of ,civil ,government will have been pursued to little purpose if respect for law be not one of its fruits4 ,some ,pertinent ,questions ,how many judicial districts in this state8 ,footnote3 ,consult ,legislative ,manual4 ,how many counties in the largest8 ,in the smallest8 ,how many have more than one judge8 ,why not let each county constitute a judicial district8 ,if some one owed you #dj and refused to pay1 in what court could you sue8 ,if he owed you #bej8 ,if the suit involved #a1jjj1jjj8 ,what is the relation of the plea to the action8 ,can anything be proved which is not alleged in the plea8 ,show the purpose of each rule of pleading4 ,of each rule of evidence4 ,what are the differences between a grand jury and a petit jury8 ,why is each so named8 ,if a person accused of crime is examined and held by a justice of the peace1 as stated in a previous chapter1 must he be indicted by a grand jury before he can be tried8 ,why8 ,may a person's acts be inquired into by the grand jury without his knowing anything about it8 ,may grand jurors reveal the proceedings of the jury8 ,why8 ,why is there such a thing as a peremptory challenge of a juror8 ,why so many given to a person accused of crime8 ,are lawyers officers of the court8 ,what oath does each take on admission to the bar8 ,questions for ,debate ,resolved1 ,that trial by jury has outlived its usefulness4 ,resolved1 ,that capital punishment is not justifiable4 ,references4--,dole's ,talks about ,law2 ,lieber's ,civil ,liberty and ,self ,government1 #bcd-f2 ,the ,century1 ,november #ahhb2 ,atlantic ,monthly1 ,july #ahha2 ,north ,american ,review1 ,march #ahhb and ,july #ahhd4 ,illustration3 ,papers--,prepare with care the tabular views of the town1 village1 city and county1 as follows ,,chapter ,,viii4 ,,historical4 ,old ,england4--,not only our language but also very many of our political institutions we have inherited from ,england4 ,but the country now called by that name is not the real old ,england4 ,the fatherland of the ,english race is the isthmus in the northern part of ,germany which we now call ,schleswig4 ,here dwelt the old ,angles or ,english4 ,to the north of them in ,jutland was the tribe called the ,jutes1 and to the south of them1 in what we now call ,holstein and ,friesland1 dwelt the ,saxons4 ,how close was the union of these tribes was shown by their use of a common name1 while the choice of this name points out the tribe which at the moment when we first meet them1 in the fifth century1 must have been the most powerful in the confederacy4 ,footnote3 ,green's ,history of the ,english ,people4 ,among themselves they bore in common the name of ,englishmen4 ,among the characteristics of those ,german ancestors of ours are the following3 ,they were very independent2 the free landholder was the free-necked man4 ,the ties of kinship were very strong4 ,each kinsman was his kinsman's keeper1 bound to protect him from wrong1 to hinder him from wrong-doing1 and to suffer with and pay for him if wrong were done4 ,footnote3 ,green's ,history of the ,english ,people4 ,they were very much attached to home4 ,land with the ,german race seems everywhere to have been the accompaniment of full freedom4444 ,the landless man ceased for all practical purposes to be free1 though he was no man's slave4 ,footnote3 ,green's ,history of the ,english ,people4 ,among themselves they were quite social4 ,though tillers of the soil they lived1 not isolated1 but grouped together in small villages4 ,this may have been partly for mutual protection4 ,they were lovers of law and order4 ,the ,township4,footnote3 ,see ,american ,political ,ideas1 pp4 #ca-fc4--,the derivation of the word township shows us to whom we are indebted for the institution itself4 ,the word is derived from the ,anglo-,saxon tun-scipe4 ,tun meant hedge1 ditch or defense2 and scipe1 which we have also in landscape1 meant what may be seen4 ,around the village before mentioned was the tun1 and beyond were the fields and meadows and woodlands1 the whole forming the tun scipe or township4 ,to administer justice and to take any other action for the common good1 the freemen gathered in folk-moot around the moot hill or the sacred tree4 ,though the proceedings of these assemblies differed in detail from those of our town meetings1 both contain the great principle of local self government4 ,the ,county4,footnote3 ,see ,american ,political ,ideas1 pp4 #ca-fc4--;,although with us the state is divided into counties and the counties into towns1 the order of formation was originally the other way4 ,the towns are the oldest institutions in our system4 ,later1 from uniting forces in war came a union of action among adjoining towns during peace4 ,thus grew up what was called the ,hundred4 ,when in the fifth century the ,english invaded ,britain1 many of the chieftains or military leaders rose to kingship over small areas4 ,on the completion of the conquest these kings struggled among themselves for leadership1 until finally ,england became united into one kingdom1 and the little kingdoms were reduced to shires ruled by earls4 ,with the growth of the king's power1 that of the underkings or earls grew less4 ,then other shires were formed1 and this institution became simply an administrative division4 ,after the ,norman conquest the ,french terms count and county came into use4 ,the earnest student will find both pleasure and profit in looking up the origin and history of the trial by jury1 the criminal warrant1 the writ of habeas corpus1 bail1 common law1 the general rules of parliamentary practice1 etc4 ,town and ,county in ,america4--,in ,new ,england the most important division of the state is the town2 in the ,south it is the county4,footnote3 ,an excellent discussion of this may be found in ,samuel ,adams1 the ,man of the ,town ,meeting1 ,john's ,hopkins ,university ,studies in ,history1 ,volume ,,ii1 ,number #d4 ,in other states the relative importance of the two organizations depends upon the influence to which the state was most strongly subjected4 ,the reason for the difference is found in the character and circumstances of the early colonists4 ,in ,new ,england1 the church was the center of the community4 ,the severity of the climate and the character of the soil made it impracticable to cultivate large farms4 ,the colonists had come mainly from the towns of ,england4 ,these considerations and the presence of fierce and unfriendly ,indians caused the settlers to group themselves into compact settlements4 ,their self assertion prompted them1 and their intelligence enabled them1 to take active part in public affairs4 ,hence the importance of the town in ,new ,england4 ,in the ,south1 the colonies were planted largely in the interests of the proprietaries4 ,the leading spirits had been county gentlemen in ,england and they naturally favored the county system4 ,the mass of the people were unaccustomed and indifferent to direct participation in the government4 ,again1 the warm climate and fertile lands were favorable to large plantations and a dispersed population2 so that the character of the people and the circumstances under which they lived were alike favorable to the establishment of the county system pure and simple4 ,to quote the pithy statement of ,professor ,macy1 ,the southern county was a modified ,english shire1 with the towns left out4 ,local government in ,new ,england was made up of ,english towns with the shire left out4 ,subsequently counties were formed in ,new ,england for judicial purposes1 but the towns retained the greater number of their functions2 and in the south1 the counties were afterwards subdivided into election and police districts1 but the administrative power remained with the county4 ,the ,middle ,states divided the local power between the town and the county4 ,migration is chiefly along the parallels of latitude4 ,and people from habit and instinct organize new governments largely on the plans to which they are accustomed4 ,hence we are not surprised to find that in the states formed south of the line of the ,ohio1 the county is the principal division2 while in the northwestern states the town is the important factor4 ,though in the ,northwest the county is more important than in ,new ,england1 the influence of the towns in county affairs is generally maintained by the selection of members of the county board from the several towns4 ,illinois is a good example of the truth of the generalizations at the beginning of the preceding paragraph4 ,the state is very long and reaches far to the south4 ,the southern part of the state was settled first1 and almost pure county government prevailed4 ,by and by the northern part began to settle1 and it grew in population faster than the southern part4 ,the town was introduced1 and now prevails in all but a few counties4 ,can you see the relation of these facts to the generalization8 ,can you tell where the people of the two sections of the state came from8 ,,part ,,ii4 ,,the ,,state4 ,,chapter ,,ix4 ,,why ,,we ,,have ,,states4 #a4 ,historical reason4 ,we have states now because we had such organizations at the time this government was established4 ,the colonies1 founded at different times1 under different auspices1 by people differing in religion1 politics1 and material interests1 remained largely independent of each other during colonial times1 and on separating from ,england became independent states4 #b4 ,geographical reason4 ,different climatic and topographic conditions give rise to different industries1 and therefore necessitate different regulations or laws4 #c4 ,theoretical reason4 ,the theory of our government is that of decentralization of power4,footnote3 ,there being a constant tendency to centralization1 this thought should be emphasized4 ,see ,nordhoff's ,politics for ,young ,americans4 7#ga7 ,that is1 we think it best to keep power as near as possible to the people4 ,if a certain work can be accomplished fairly by individual enterprise1 we prefer that it be done so rather than through any governmental agency4 ,if work can be done by the town just as well as by the county1 we assign it to the town4 ,and as between the state and the general government1 we assign no duty to the latter which can be performed as well by the former4 #d4 ,practical reasons4 ,there are many practical reasons4 ,among them may be mentioned the following3 ,we need the state as a basis for the apportionment of members of congress4 ,this is a federal republic1 and representation in the national councils can be had only through statehood4 ,we need the state to establish a system of education1 to control corporations1 to put down riots when the local authorities cannot do so1 to establish the smaller organizations1 etc4 ,these are some of the things referred to in paragraph three1 which the state can do better than the general government4 ,there is in the state also a high court of justice to which cases may be appealed from the courts below4 ,,how ,,states ,,are ,,created4 ,the old thirteen originated in revolution4 ,they declared themselves free and independent states1 and maintained the declaration by force of arms4 ,each became a state in the ,union by ratifying the constitution4 ,under the constitution states have been admitted into the ,union on terms prescribed by congress4 ,the plan in general is as follows3 #a4 ,when the number of people in a territory equals or nearly equals the number required to secure a representative in congress1 the inhabitants thereof may petition congress1 through their delegate1 for an act authorizing the formation of a state government4 #b4 ,if the petition is granted1 an enabling act is passed4 ,this usually defines the territory to be comprised in the new state1 provides for the calling of a constitutional convention1 requires that the state government to be framed shall be republican in form1 states the number of representatives in congress which the state shall have until the next census1 and offers a number of propositions for acceptance or rejection by the convention4 ,among these are proposals giving land for the support of common schools and of a university1 and for the erection of public buildings2 and offering a portion of the net proceeds of the sale of public lands within the state for internal improvements4 ,these offers are conditioned upon non-interference on the part of the state with the holding and selling by the ,united ,states of the lands within the state owned by the general government1 and their exemption from taxation4 ,the enabling act for ,minnesota is given in the appendix1 pp4 #cee-h4 ,it is in a large measure typical4 ,students in most of the states can find the enabling act for their state in the legislative manual thereof4 ,michigan1 ,kansas and ,oregon formed their constitutions without an enabling act4 #c4 ,the constitutional convention provided for in the enabling act1 having ascertained that it is the wish of the people to form a state1 frames a constitution and submits it to the people of the proposed state for adoption4 #d4 ,if it is adopted1 ,footnote3 ,wisconsin rejected the constitution of #ahdf1 and ,new ,york that of #ahfg4 copies of the constitution are sent to the president and to each house of congress4 #e4 ,if the constitution framed is in accordance with our institutions1 it is accepted and the state is admitted4 ,footnote3 ,the acts of congress of #ahff and #ahfg1 admitting ,colorado1 were both vetoed by president ,andrew ,johnson4 ,kentucky1 ,west ,virginia1 ,maine1 ,california and ,texas became states in the ,union without having been territories4 ,the first two were detached from ,virginia1 and the third from ,massachusetts1 and admitted at once as states4 ,california and ,texas had been independent states before admission4 ,as typical of the mode of restoring the southern states to their old place in the ,union1 the act restoring ,tennessee is given on page #ceh4 ,,chapter ,x4 ,,state ,,constitutions4 ,their purpose4--,a constitution in the ,american sense of the term is a written instrument defining the powers of government and distributing those powers among the branches or departments thereof4 ,it is the fundamental law1 the voice of the people granting or withholding power4 ,a primary purpose of the instrument is to give form and authority to the government2 another is to protect individuals and minorities from the tyranny of the majority4 ,each of the states has a constitution4 ,their origin4--,in most of the countries of ,europe1 including ,england1 what is called the constitution is not written4 ,it consists largely of the maxims of experience1 the principles sanctioned by custom4 ,when a new political custom becomes prevalent it gradually becomes recognized as part of the constitution4 ,written constitutions in this country probably arose from the fact that the charters granted to the colonies and securing to them privileges1 were in writing4 ,and these written charters themselves grew out of a practice prevalent in ,england of securing the rights of towns and cities by written charters wrung from the king4 ,some general charters of liberties1 too1 had been secured4 ,among these may be mentioned the charter granted by ,henry ,i4 in #aajj2 the ,magna ,charta1 or great charter1 wrung from ,king ,john in #abae2 and the ,petition of ,right1 the ,habeas ,corpus ,act1 and the ,bill of ,rights1 secured in the seventeenth century4 ,some of the charters granted to colonies were so liberal in their terms that they were adopted as constitutions when the colonies became states4 ,the charter of ,connecticut remained its constitution till #ahah4 ,and even in #ahdb it was with difficulty that the people of ,rhode ,island could be prevailed upon to give up the old charter for a new constitution4 ,their ,contents4--,the state constitutions are very much alike in their general characteristics4 ,after a preamble1 setting forth the purpose of the instrument1 they usually contain a bill of rights1 intended to secure personal liberty and other personal rights4 ,they then distribute the powers of government among three branches or departments1 and provide for the organization and general procedure of each4 ,then follow miscellaneous provisions1 relating to franchise1 education1 amendments1 etc4 ,their usual defects4--,we have flourished so wonderfully under our system of government that we naturally have a great reverence for our national and state constitutions4 ,so far has this feeling gone that a large number of people seem to fancy that there is some magic in the very word constitution4 ,as a consequence state constitutions are usually too long2 they contain too many miscellaneous provisions4 ,most of these relate to transient or petty matters which1 if made affairs for public action at all1 should be left to legislation4 ,changes in the constitution weaken our respect for it4 ,rarely should anything go into that great charter which has not stood the test of time1 unless it has the promise of endurance as a necessary safeguard of the rights and liberties of the people4 ,,bills ,,of ,,rights4 ,these usually assert or guarantee the following3 ,republican ,principles4--,that governments are instituted by the people and for their benefit2 that all persons are equal before the law2 that no title of nobility shall be granted4 ,freedom of ,conscience4--,that there shall be perfect religious freedom1 not1 however1 covering immoral practices2 that there shall be no established or state church2 that no religious test shall be required for the performance of any public function4 ,freedom of ,speech4--,that any one may freely think1 and publish his opinions1 on any subject1 being responsible for the abuse of this right4 ,freedom of ,assembly4--,that the people may peaceably assemble to discuss matters of public interest and to petition the government for redress of grievances4 ,this1 of course1 does not permit meetings designed to arrange for the commission of crime4 ,freedom of ,person4--,that there shall be no slavery2 nor imprisonment for debt1 except in cases of fraud2 nor unwarranted searches or seizures of persons or property2 that no general warrants shall be issued2 that the writ of habeas corpus shall not be suspended1 except in certain emergencies2 that persons may freely move from place to place4 ,security of ,property4--,that private property shall not be taken for public use without just compensation therefor1 previously paid or secured2 that to prevent feudal tenure of land1 long leases of agricultural land shall not be made1 in most states the longest permitted term being twenty-one years4 ,right to bear ,arms4--,that the right of the people to keep and bear arms shall not be infringed4 ,freedom from ,military ,tyranny4--,that the military shall be in strict subordination to the civil power2 that there shall be no standing army in time of peace2 nor shall any soldier in time of peace be quartered in private houses without the consent of the owner4 ,forbidden ,laws4--,that no ex post facto law1 no law impairing the obligation of contracts1 nor any bill of attainder shall be passed2 that there shall be no special laws in certain specified cases4 ,rights of ,accused ,persons4--7a7 ,before trial4 ,that no unwarranted searches or seizures shall be made2 that1 except in capital offenses1 the accused shall1 while awaiting trial1 be bailable2 that1 except in minor cases1 a person shall not be held to answer for a criminal offense unless on the presentment or indictment of a grand jury4 7b7 ,on trial4 ,that the accused person shall have a speedy and public trial in the district where the crime was committed2 that trial by jury shall remain inviolable2 that the accused shall be informed of the nature of the charge against him2 that he shall be confronted with the witnesses against him2 that he may be heard in his own defense and shall have the benefit of counsel in his behalf2 that he shall not be required to witness against himself2 that he shall have compulsory process to compel the attendance of witnesses in his behalf2 that he shall not be deprived of life1 liberty or property without due process of law4 7c7 ,after trial4 ,that no cruel or unusual punishment shall be inflicted2 that no one shall twice be placed in jeopardy for the same offense4 ,rights not enumerated4--,there is usually a final statement that the enumeration of the above rights shall not be construed to deny or impair others inherent in the people4 ,,comments ,,on ,,the ,,above4 ,the rights above enumerated are among those which to us in ,america to-day seem almost matters of course4 ,it seems strange that any one ever seriously questioned the fairness or the justice of the claims there set forth4 ,but in enumerating them we are treading on sacred ground4 ,their establishment cost our ancestors hundreds of years of struggle against arbitrary power1 in which they gave freely of their blood and treasure4 ,many of these rights are guaranteed in the constitution of the ,united ,states1 but only as against the general government4 ,that they may not be invaded by the state government1 the people have reserved them in the state constitutions4 ,pertinent ,questions4 ,in what sense are all men created equal8 ,is there anything in good blood8 ,what was meant by the divine right of kings to rule8 ,could a ,mormon practice polygamy in this state1 it being part of his religious creed8 ,why8 ,can an atheist give evidence in court8 ,what constitutes libel8 ,slander8 ,on what basis may a mob be dispersed8 ,what cases of petition have you known8 ,what is a general warrant8 ,a passport8 ,why may habeas corpus be suspended in time of war4 ,give instances of private property taken for public use4 ,what is meant by feudal tenure8 ,how long a lease of agricultural lands may be given in this state8 ,how about business property in a city8 ,may a person lawfully carry a revolver in his pocket8 ,why8 ,what is meant by the military being subordinate to the civil power8 ,which outranks1 the secretary of war or the general of the army8 ,why should the statement be made about quartering soldiers1 in view of the preceding statement8 ,what is meant by an ex post facto law8 ,why forbidden8 ,may a law be passed legalizing an act which was performed as a matter of necessity but without authority8 ,what is to hinder an enemy of yours from having you arrested and cast into prison and kept there a long time8 ,what is the purpose of bail8 ,why regarded as an important element of liberty8 ,why should a grand jury have to indict a person who has been examined and held for trial by a justice of the peace8 ,does a prisoner charged with murder or other high crime remain in handcuffs during his trial8 ,name the three or four most important guarantees to an accused person4 ,why are so many provisions made in his behalf8 ,if a ruler should wish to subvert the liberties of a people used to these guarantees1 where would he begin8 ,what are some of the advantages possessed by a written constitution over an unwritten one8 ,of an unwritten over a written one8 ,is any part of our constitution unwritten8 ,,chapter ,,xi4 ,,branches ,,of ,,government4 ,regulations and ,laws4--,when the school officers1 acting for the people of the district1 state formally what may and what may not be done by teachers and pupils1 the formal expressions of governing will are called rules and regulations4 ,similar expressions by the town1 village1 city1 or county authorities are called ordinances or by-laws4 ,but when the state expresses its will through the regular channels1 the formal expression is called a law4 ,the ,three ,branches of ,government4--,after a law is made it needs to be carried into effect4 ,incidentally questions will come up as to its meaning and application4 ,government1 then1 has three great functions or powers with regard to law4 ,in our government1 and to a greater or less extent in all free countries1 these powers are vested in three distinct sets of persons4 ,if one person or group of persons could make the laws1 interpret them1 and enforce obedience to them as interpreted1 the power of such person or persons would be unlimited1 and unlimited power begets tyranny4 ,one of the purposes of a constitution is to limit the power of the government within its proper sphere1 and to prevent misuse of authority2 and this organization of the government in three departments1 each acting independently so far as may be1 and acting as a check upon the others1 is one of the modes of limitation4 ,the law-making1 the law-interpreting1 and the law-enforcing branches are called respectively the legislative1 the judicial1 and the executive branches4 ,,chapter ,,xii4 ,,the ,,legislative ,,branch4 ,bicameral4--,the legislature of every state consists of two chambers or houses4 ,the reason for this is that during colonial times most of the legislatures consisted of two houses1 the governor's council and the representative assembly4 ,then on becoming states1 each of the old thirteen1 except ,pennsylvania1 organized bicameral legislatures4 ,and the new states1 being largely settled by people from the older states1 naturally followed their example4 ,the structure of congress has also had much influence4 ,the advantages to be derived from having two houses are numerous4 ,perhaps the only one which it is necessary to mention here is that it tends to prevent hasty legislation1 because under this arrangement a bill must be considered at least twice before passage4 ,apportionment4--,as the population of a state is changeful1 the constitution does not usually specify the number of members to compose each house4 ,this is determined1 within certain limitations imposed in the constitution1 by the legislature itself4 ,a re-apportionment is usually made every five years1 after a census by the state or general government4 ,the number of senators usually ranges between thirty and fifty2 that of representatives from seventy-five to one hundred and fifty4 ,meeting4--,the legislature meets biennially in most of the states4 ,people are beginning to understand that they may suffer from an excess of legislation4 ,some of the ,english kings used to try to run the government without parliament1 and frequent sessions of parliament were then demanded as a protection to popular rights4 ,hence our forefathers instinctively favored frequent sessions of the legislature4 ,but such necessity no longer exists1 and for many reasons the states have with a few exceptions changed from annual to biennial sessions4 ,footnote3 ,extra sessions may be called by the governor4 ,mississippi has its regular sessions for general legislation once in four years1 and special sessions midway between4 ,election4--,senators and representatives are both elected by the people4 ,in some cases the states are divided into senatorial and representative districts in such a way that each elects one senator and one representative1 the senate districts being of course the larger4 ,in other cases1 the state is divided into senate districts only1 and each senate district chooses one senator and an assigned number of representatives4 ,the former plan prevails in ,wisconsin1 for instance1 and the latter in ,minnesota4 ,the number of representatives chosen in a senatorial district varies from one to half a dozen1 dependent upon population4 ,illinois has a peculiar1 and it would seem an excellent1 plan4 ,the state is divided on the basis of population into fifty-one parts as nearly equal as possible4 ,each of these districts elects one senator and three representatives4 ,in voting for representatives1 a person may mass his three votes on one candidate1 or give them to two or three4 ,the purpose is to enable a party in the minority to secure some representation4 ,term4--,the length of term of legislators usually depends upon the frequency of sessions4 ,the general principle seems to be that representatives shall serve through one session and senators through two4 ,how long1 then1 would you expect the respective terms to be in states having annual sessions8 ,in states having biennial sessions8 ,by reference to the comparative legislative table on page #bic confirm or reverse your judgment4 ,vacancy4--,in case of a vacancy in either house the governor orders a new election in the district affected by the vacancy4 ,individual ,house ,powers4--,each house has certain powers conferred by the constitution having for their object the preservation of the purity and independence of the legislature4 ,among these are the following3 #a4 ,each house is the judge of the election1 returns1 and qualification of its own members4 ,each person elected to either house receives from the canvassing board of the district through its clerk a certificate of election1 which he presents when he goes to take his seat4 ,should two persons claim the same seat1 the house to which admission is claimed determines between the contestants4 ,the contest may be based1 among other things1 upon fraud in the election1 a mistake in the returns1 or alleged lack of legal qualification on the part of the person holding the certificate4 ,into any or all of these matters the house interested1 and it only1 may probe1 and upon the question of admission it may pass final judgment4 #b4 ,each house makes its own rules of procedure4 ,these1 usually called rules of parliamentary practice1 you can find in the legislative manual4 ,upon their importance as related to civil liberty1 consult ,lieber's ,civil ,liberty and ,self-,government4 ,the power to preserve order applies not only to members but to spectators also4 ,disorderly spectators may be removed by the sergeant-at-arms4 ,on the order of the presiding officer such persons may be placed in confinement during the remainder of the daily session4 ,unruly members are as a general thing simply called to order4 ,for persistent disorder they may be reprimanded or fined4 ,footnote3 ,see ,among the ,lawmakers1 pp4 #bcj-c4 ,but in extreme cases they may be expelled4 ,to prevent a partizan majority from trumping up charges and expelling members of the opposite party1 it is a common constitutional provision that the concurrence of two-thirds of all the members elected shall be necessary for expulsion4 #c4 ,each house chooses its own officers4 ,each house has a presiding officer1 several secretaries or clerks1 a sergeant-at-arms1 a postmaster1 and a chaplain4 ,the sergeant-at-arms usually has a number of assistants appointed by himself1 and there are a number of pages appointed by the presiding officer4 ,these1 however1 hardly count as officers4 ,the only exception to the rule enunciated is in those states having a lieutenant governor1 who is ex officio president of the senate4 ,even in that case1 the senate elects in case of a vacancy1 the person so elected being chosen from among their own number and receiving usually the title of president pro tempore4 ,quorum4--,it would hardly be possible for all members to be present every day1 therefore a number less than the whole should have authority to act4 ,but this number should not be very small4 ,the several constitutions fix the quorum for each house1 usually at a majority of the members elected to it4 ,but a smaller number has power of adjournment from day to day1 so that the organization may not be lost2 and it may compel the attendance of absent members1 by sending the sergeant-at-arms after them4 ,publicity4--,on the theory that legislators are servants of the people1 we would naturally expect the proceedings to be made public4 ,and so they are4 ,publicity is secured in the following ways3 #a4 ,in accordance with the constitutional provision1 each house keeps a journal of its proceedings which it publishes from time to time1 usually every day4 #b4 ,spectators are admitted to witness the daily sessions4 #c4 ,newspaper reporters are admitted1 and are furnished facilities for making full and accurate reports4 ,privileges of ,members4--,in order that their constituents may not1 for frivolous or sinister reasons1 be deprived of their services in the legislature1 the members of each house are privileged from arrest during the session of their respective houses1 and in going to and returning from the same4 ,nor can civil suit be brought against them during that time4 ,but they may be arrested for treason1 7defined in the constitution71 felony1 or breach of the peace1 because if guilty they are unworthy of a seat in the legislature4 ,and in order that there may be the utmost freedom of speech in the legislature1 that any member who knows of wrong being done may feel perfectly free to say so1 the constitution of each state provides that for any speech or debate in either house1 they shall not be questioned in any other place4 ,compensation4--,members of the legislature receive for their services a salary1 which is sometimes specified in the constitution1 but which is usually fixed by law4 ,in the latter case no increase voted can be in effect until a new legislative term begins4 ,this proviso is1 of course1 designed to remove the temptation to increase the salary for selfish ends4 ,in some countries no salary is paid to legislators1 the theory being that with the temptation of salary removed only persons of public spirit will accept election4 ,our argument is that unless some remuneration be given1 many persons of public spirit and possessed of capacity for public service would be barred from accepting seats in the legislature4 ,in other words1 the state wants the services of her best citizens1 and does not wish lack of wealth on the part of any competent person to stand in the way4 ,on the other hand1 that there may be no temptation to continue the sessions for the purpose of drawing the pay1 the constitution provides1 where a per diem salary is paid1 that members shall not receive more than a certain sum for any regular session1 or a certain other sum for any extra session4 ,prohibitions on ,members4--,to secure for his legislative duties the undivided attention of each member1 the constitution provides that no senator or representative shall1 during the time for which he is elected1 hold any office under the ,united ,states or the ,state4 ,in some states1 as in ,minnesota1 the office of postmaster is excepted4 ,and in order that legislators may be freed from the temptation to create offices for themselves or to increase the emoluments of any office for their own benefit1 it provides that no senator or representative shall hold any office under the state which has been created or the emoluments of which have been increased during the session of the legislature of which he was a member1 until one year after the expiration of his term of office in the legislature4 ,eligibility4--,to be eligible to the legislature a person must be a qualified voter of the state1 and a resident thereof for1 usually1 one or two years2 and shall have resided for some time1 usually six months or a year1 immediately preceding election1 in the district from which he is chosen4 ,this last provision is made to preclude people who have not been living in the district1 and who therefore cannot know it or be interested particularly in its welfare1 from representing it in the legislature4 ,sole ,powers4--,the mode of making laws is discussed in another place4 ,footnote3 ,see ,how ,laws ,are ,made1 page #cdd4 ,in making laws the houses have concurrent jurisdiction--they both take part4 ,but there are some parts which belong to each house separately1 besides the election of officers before mentioned4 ,the house of representatives has in all states the sole power of impeachment1 ,footnote3 ,for mode of proceeding see page #cca4 and in some states of originating bills for raising revenue4 ,this latter power is given to it because being elected for a short term it is more directly under the control of the people than is the senate4 ,the power to impeach is vested in the representatives because for the reason stated1 they seem more immediately in fact as well as in name to represent the people1 who it will be remembered are always the complainant in criminal cases4 ,and the senate has the sole power of trying impeachments4 ,footnote3 ,when the governor is being tried1 the lieutenant governor cannot act as a member of the court4 ,the length of term frees the members from the fear of immediate punishment in case of an unpopular verdict4 ,and if they are right time will show it4 ,historically1 this division of power in cases of impeachment is derived from colonial practice and from the constitution of the ,united ,states4 ,the senate has also the sole power of confirming or rejecting the appointments of the governor4 ,forbidden ,laws4--,in addition to the laws forbidden in that part of the constitution called the bill of rights1 the legislature is usually forbidden to pass laws authorizing any lottery2 or granting divorces2 or giving state aid to private corporations2 or involving the state in debt1 except in case of war or other emergency4 ,pertinent ,questions4 ,define constitution4 ,what is a law8 ,what is meant by common law8 ,statute law8 ,equity8 ,by reference to the comparative legislative table in the appendix1 tell the most common name applied to the legislative body2 any peculiar names2 the names most commonly applied to the respective houses2 the usual qualifications of members2 the frequency of regular sessions1 and the month of meeting most usual4 ,why is this time of year so uniformly chosen8 ,what relation do you see between the frequency of sessions and the term of members8 ,what is the relation between the terms of the respective houses8 ,how does the number of senators compare with the number in the lower house8 ,what state has the largest house8 ,the smallest8 ,why is the term senate so common8 ,look up the derivation of the word4 ,in what section of the country are the terms the shortest8 ,can you account for this8 ,which states require the highest qualifications in members8 ,find out whether in your state there are any requirements not given in the tabulation4 ,by reference to the legislative manual or other source of information find out any other facts of interest1 such as the names of the speaker and other legislative officers2 the number of your senatorial district1 and the name of your senator2 of your representative district1 and the name of your representative2 what committees are appointed in each house1 and on which your local representatives are1 and how they came to be selected for these particular committees2 how vacancies are filled in the legislature2 any contested elections that have occurred in your state and the basis of the contest2 some of the important rules of parliamentary practice2 the salary paid members in your state2 any cases of impeachment1 the charge1 and the outcome2 other forbidden laws4 ,if two persons claim the same seat in the senate1 who will decide between them8 ,in the lower house8 ,what are the returns1 and where are they kept8 ,what appeal from decision is there8 ,if your legislature is now in session1 write to your representatives asking them to send you regular reports of the proceedings4 ,don't expect to get such reports for the whole session1 however2 that would be asking too much4 ,from the newspapers1 report on ,monday the principal proceedings of the previous week4 ,have you ever seen a legislature in session8 ,what is to keep a member of the legislature from slandering people8 ,state five powers which can be exercised only by the senate4 ,five1 in some states four1 which can be exercised only by the lower house4 ,are you eligible to the legislature8 ,if not1 what legal qualifications do you lack8 ,could a member of the legislature be elected governor or ,united ,states senator8 ,at the last election did you preserve any of the tickets8 ,could you secure any of the ballots that were actually used in voting8 ,why8 ,,chapter ,,xiii4 ,,the ,,executive ,,branch4 ,officers4--,the chief executive office in every state is that of governor4 ,there is in each a secretary of state and a state treasurer4 ,most states have also a lieutenant governor1 a state auditor or comptroller1 an attorney general1 and a state superintendent of public instruction4 ,in nearly every case these offices are created by the state constitution4 ,eligibility4--,the qualifications required in the governor and lieutenant governor are age1 citizenship of the ,united ,states1 and residence within the ,state4 ,the age qualification is required because the responsibilities are so great as to demand the maturity of judgment that comes only with years4 ,the requirement of citizenship and that of residence are so obviously proper as to need no comment4 ,for the other offices the qualifications required in most states are simply those required in a voter4 ,footnote3 ,for which see page #bih4 ,election4--,in every state the governor is elected by the people1 and in most states the other officers are also4 ,in a few states1 some of the officers are chosen by the legislature on joint ballot1 or are appointed by the governor and confirmed by the senate4 ,term4--,the terms of office of the governors are given in the table4 ,unless otherwise stated1 the term of the other officers in each state is the same as that of the governor thereof4 ,for the highest efficiency the term of a state officer should not be very short1 two years being better than one1 and four years better than two4 ,when the term is four years1 it may be well to limit the number of terms for which an officer may be elected4 ,in some cases this is done4 ,removal4--,these officers and the others provided by statute may be removed on impeachment by the house of representatives1 and conviction by the senate4 ,vacancy4--,for the office of governor there is in every state a line of succession appointed in its constitution4 ,by reference to the comparative table1 it will be seen that there is considerable uniformity in the order of succession4 ,in case of a vacancy in any of the other elective offices1 the most usual plan is for the governor to make a temporary appointment until a new election can be held4 ,for an appointive office1 the appointment is usually good until the end of the next legislature or for the remainder of the term4 ,salary4-,the salary attached to each office is usually fixed by law1 subject to the constitutional limitation that it shall not be increased nor diminished during the term of the incumbent4 ,see page #bid4 ,the ,duties of the ,officers4 ,governor4--,the great1 the characteristic duty of the governor is to see that the laws are faithfully executed4 ,since this may sometimes require force1 he is made by the constitution commander-in-chief of the military forces of the state1 and may call out these forces to execute the laws1 suppress insurrection1 or repel invasion4 ,he appoints1 by and with the advice and consent of the senate1 most of the important state officers and boards1 as provided by law4 ,the advice of the senate is rarely if ever asked4 ,but its consent must be obtained to make any such appointment valid4 ,as his duties continue through the year and have to do with the whole state1 and as he may require the opinion1 in writing1 of the principal officer in each of the executive departments upon any subject pertaining to the duties of their respective offices1 he is supposed to know more than any other person about the situation and needs of the state as a whole2 and it is1 therefore1 made his duty to communicate by message to each session of the legislature such information touching the affairs of the state as he deems expedient4 ,the regular message is sent at the opening of the legislative session1 and special messages at any time during the session as they seem to be needed4 ,on extraordinary occasions he may convene the legislature in extra session4 ,to place another obstruction in the way of hasty legislation1 the governor 7except in ,delaware1 ,north ,carolina1 ,ohio1 and ,rhode ,island7 has a limited veto4 ,footnote3 ,see comments on the president's veto1 page #aej4 ,in the administration of justice mistakes are some times made4 ,an innocent person may be found guilty1 or a guilty person may be sentenced too severely1 mitigating circumstances appearing after sentence is passed4 ,for these and other reasons1 there should be power somewhere to grant reprieves1 commutations1 and pardons4 ,in most of the states this power is vested in the governor4 ,it does not1 for obvious reasons1 extend to cases of impeachment4 ,many thoughtful people1 including some governors and ex-governors1 question very seriously the wisdom of this absolute assignment of the pardoning power4 ,one suggestion by way of limitation is that no pardon issue except upon recommendation of the judge of the court in which conviction was wrought4 ,lieutenant ,governor4--,as may be seen by reference to the comparative table1 several of the states have no such officer4 ,the office is designed simply to save confusion in case of a vacancy in the office of governor1 in which case the lieutenant governor acts as governor during the vacancy4 ,to give him something to do the lieutenant governor is ex officio president of the senate4 ,footnote3 ,in case of a vacancy in this office1 the senate1 in most states1 chooses one of its own number to act as president pro tempore4 ,in most of the states1 he has no voice in legislation1 except a casting vote in case of a tie4 ,but in some states1 as indicated in the comparative table on page #bid1 he can debate in committee of the whole4 ,state ,treasurer4--,this officer has duties and responsibilities similar to those of a county treasurer4 ,attorney ,general4--,this officer has two chief duties4 ,he represents the state in suits at law1 and may be called upon to aid county attorneys in criminal prosecutions4 ,when invited to do so he gives legal advice to the legislature and to the executive officers1 on matters pertaining to their official duties4 ,secretary of ,state and ,auditor4--,the county auditor1 you remember1 has three general lines of duty3 #a4 ,to act as official recorder and custodian of papers for the county board4 #b4 ,to be bookkeeper for the county1 and in connection therewith to audit all claims against the county1 and issue warrants on the county treasurer for their payment4 #c4 ,to apportion the taxes4 ,the corresponding duties in the state1 except recording the acts of the legislature1 which is done by legislative clerks1 are in most states divided between two officers1 the secretary of state and the state auditor or comptroller4 ,the secretary of state has1 as his characteristic duty1 the preservation or custody of state papers1 acts of the legislature1 etc4 ,he is also keeper of the great seal of the state1 and authenticates state documents1 commissions1 etc4 ,incidentally he has other duties4 ,in some states he prepares the legislative manual2 he sees that the halls are ready for the sessions of the legislature1 calls the house to order at its first meeting1 and presides until a speaker is chosen4 ,he also indexes the laws and other state documents1 and superintends their printing and distribution4 ,footnote3 ,in some states there is a superintendent of printing4 ,the auditor or comptroller is bookkeeper for the state1 audits accounts against it1 and draws warrants upon the state treasurer for their payment4 ,footnote3 ,no money can be paid out except on appropriation by the legislature4 ,the state auditor1 also1 comparing the legislative appropriations with the assessed value of the property of the state1 computes the rate of the state tax and reports it to county auditors4 ,in some states1 ,wisconsin1 for instance1 the duties of both offices are performed by the secretary of state4 ,in some states the auditor is ex officio land commissioner4 ,in other states there is a separate officer to take charge of state lands4 ,superintendent of ,public ,instruction4--,this officer has general supervision and control of the educational interests of the state4 ,he is often ex officio a member of the board of regents of the state university1 of the board of directors of the state normal schools1 and of the state high school board4 ,he has the appointment and general management of state teachers' institutes4 ,he meets and counsels with county and city superintendents4 ,thus an active1 earnest1 competent man may influence for good the schools of all grades throughout the state4 ,he reports to the legislature at each session1 through the governor1 the condition and needs of the schools of the state4 ,in this report he recommends such measures for the improvement of the educational system of the state as he deems advisable4 ,in many states he apportions the state school money4 ,assistants4--,usually the above officers have assistants appointed by themselves4 ,,other ,,state ,,officers4 ,the officers given above are the typical state officers1 but every state has others4 ,of these the most important are shown in the comparative tabulation4 ,some states provide the governor with a council4 ,this is in most cases simply an advisory1 not an administrative or executive body4 ,some ,pertinent ,questions4 ,what are the qualifications required in the governor of this state8 ,the lieutenant governor8 ,the other officers8 ,the names of the state officers8 ,the length of their terms8 ,the officers not mentioned in the text1 and their duties8 ,name the state officers whom you have seen4 ,which states require the highest qualifications in the governor8 ,the lowest8 ,which give the longest term8 ,the shortest8 ,the highest salary8 ,the lowest8 ,which states limit the number of terms8 ,which have no lieutenant governor8 ,in which states is a majority vote required8 ,does there seem to be any sectional law as to these things2 that is1 is there anything peculiar to ,new ,england1 or to the south1 or to the northwest8 ,what seems to be the general law of succession to the governorship8 ,what exceptions8 ,what is meant by saying that the governor executes the law8 ,is this saying strictly true8 ,is a sheriff an executive or a judicial officer8 ,the constable8 ,the mayor of a city8 ,can an executive officer be sued8 ,a judicial officer8 ,how many senators and representatives would it take to pass a bill over the governor's veto8 ,have you ever known of its being done8 ,if the governor should go to ,washington on business of the state or on private business1 who would act as governor8 ,how long would he so act8 ,could he pardon convicts at that time8 ,have you ever read a message of the governor8 ,if the state superintendent of public instruction wants information on some point of school law1 to whom should he appeal8 ,how much would he have to pay for the advice8 ,what force would the opinion have8 ,could he obtain a legal opinion as to a private matter on the same terms8 ,if you had a bill against the state1 how would you get your pay8 ,if payment were refused what could you do8 7,do not try to answer off-hand4 ,ask a lawyer47 ,how are the expenses of the state government met8 ,the amount of state expenses last year8 7,see report of treasurer47 ,what are the sources of the school fund1 of this state8 ,did you ever know of school lands being sold in your county8 ,by whom1 how1 and on what terms8 ,name your county superintendent of schools4 ,the state superintendent4 ,is there a ,united ,states superintendent8 ,get the report of the state superintendent and find out what it contains4 ,ask your teacher to let you see the teachers' report to the county superintendent4 ,how much state money did your district receive last year8 ,,chapter ,,xiv4 ,,other ,,state ,,officers4 ,adjutant-,general4--,to aid the governor in the discharge of his duties as commander-in-chief1 there is an officer called the adjutant-general4 ,through him all general orders to the state militia are issued4 ,he also keeps the rolls and records of the militia4 ,in some states he is required by law to act as attorney for those seeking pensions from the ,united ,states4 ,railroad ,commissioners4--,to prevent railroads from charging extortionate rates for passengers or freight2 to see that reasonable facilities are provided1 such as depots1 side tracks to warehouses1 cars for transporting grain1 etc42 to prevent discrimination for or against any person or corporation needing these cars2 in other words1 to secure fair play between the railroads and the people1 a railroad commission consisting of from one to three members has been established in many states by the legislature4 ,insurance ,commissioner4--,to protect the people from unreliable insurance companies1 there is an officer called the insurance commissioner4 ,no insurance company can legally transact business in the state until it has satisfied the commissioner that its methods of insurance and its financial condition are such as to give the security promised to those insured by it4 ,the certificate of authority granted to any company may be revoked by the commissioner at any time if the company refuses or neglects to comply with the conditions established by law4 ,state ,librarian4--,each state has a valuable library1 composed chiefly of law books1 but containing also many other valuable books and pamphlets4 ,this library is open to the public4 ,it is in charge of the state librarian1 who acts under prescribed rules4 ,public ,examiner4--,to render assurance doubly sure that public money shall be used only for the purposes for which it is designed1 provision is made for the appointment of a skillful accountant1 well versed in the theory and practice of bookkeeping1 to exercise constant supervision over the financial accounts of state and county officers and of banking institutions incorporated under state laws4 ,this officer is called the public examiner4 ,the officers visited are required by law to furnish the public examiner facilities for his work1 and to make returns to him under oath4 ,the examiner reports to the governor1 who is empowered to take action to protect the interests of the people4 ,oil ,inspector4--,to protect the people from the danger of burning oil unfit for illuminating purposes1 there is an officer called the inspector of illuminating oils4 ,the inspector appoints a deputy for each county4 ,it is the duty of these officers to test the illuminating oils offered for sale1 and to mark the barrel or package containing it approved or unsafe for illuminating purposes1 as the case may be4 ,penalties are attached to the selling of oils not approved4 ,boiler ,inspector4--,steam is now used as power in threshing grain and in grinding it1 in sawing lumber1 in propelling boats and cars1 etc4 ,to prevent loss of life1 engineers must pass an examination and secure a certificate of qualification4 ,and boilers must be inspected at least once a year to prevent explosions4 ,the latter duty devolves upon the state boiler inspector and his assistants4 ,locomotive engines on railroads are sometimes exempt from government inspection1 because of the invariably high skill of the engineers and the great care of the companies4 ,labor ,commissioner4--,among the questions now receiving consideration from states and nations are many referring to labor--the healthfulness of factories1 hours of labor1 employment of children1 protection against accidents1 etc4 ,in many of the states there is a commissioner of labor to make inspections and formulate statistics pertaining to labor4 ,officers ,peculiar to ,certain ,states4--,there are in some states other officers1 necessitated by special industries4 ,thus1 in ,minnesota1 where the grain1 dairy and lumber interests are very important1 there are inspectors of grain1 a dairy commissioner1 and surveyors-general of logs4 ,appointment and ,term4--,the officers named in this chapter are elected in some states2 in others they are appointed by the governor and confirmed by the senate4 ,the term is usually two years4 ,all are required to give bonds for the faithful discharge of their duties4 ,all have clerks1 deputies1 or assistants1 appointed by themselves1 for whose official acts they are responsible4 ,,administrative ,,boards4 ,besides the boards in charge of the several state institutions there are usually a number of administrative boards4 ,of these the most important are3 #a4 ,the state hoard of health1 whose duty it is to make inquiries concerning the causes of disease1 especially of epidemics2 the effect of employments1 conditions1 and circumstances upon the public health1 etc4 #b4 ,the state board of charities and corrections1 whose duty it is to investigate the whole system of public charities and correctional institutions of the state1 and examine into the condition and management thereof1 especially of prisons1 jails1 infirmaries1 public hospitals1 and asylums4 #c4 ,state board of equalization1 which equalizes assessments throughout the state so as to render taxation as nearly just as possible4 ,this board takes cognizance only of classes of property2 it does not attempt to correct individual grievances4 #d4 ,the state board of immigration1 appointed to encourage immigration1 by disseminating information regarding the advantages offered by this state to immigrants4 #e4 ,the commissioners of fisheries1 whose duty is to take means to increase the number of food fish in lakes and rivers4 ,to this end the board secures from the ,united ,states commissioner of fisheries the quota of spawn allotted from time to time to the state1 and from other sources spawn of such fish as seem desirable1 and has them placed in such lakes and rivers as they will be most likely to thrive in4 ,the members of these boards are appointed by the governor4 ,they serve without pay1 except the board of equalization4 ,the state pays the expenses incident to the discharge of their duty4 ,the secretary of each board receives a salary1 specified by law4 ,there are also boards to examine candidates for admission to practice medicine1 pharmacy1 dentistry1 and law4 ,some ,pertinent ,questions4 ,locate the state university1 the state normal schools1 all of the schools for the unfortunate1 the lunatic asylums1 the state prisons4 ,what is the maximum rate per mile that can be charged by railroads for the transportation of passengers in this state8 ,how came this to be8 ,if a farmer wished to ship a carload of wheat without putting it into a warehouse1 how could he get a car8 ,if a car were refused what could he do8 ,examine the end of a kerosene cask1 and find out what the marks on it mean4 ,by reference to the latest report of the secretary of the state board of immigration1 find out what inducements to immigrants this state offers4 ,is there probably such a board as this in the eastern states8 ,why8 ,in ,european countries8 ,why8 ,does your school receive copies of the pamphlets issued by the state board of health8 ,,chapter ,,xv4 ,,the ,,judicial ,,branch4 ,we have seen that minor differences may be adjudicated in each town1 village and city1 by justices of the peace and municipal courts2 and that courts having jurisdiction unlimited as to the amount at controversy are held in every county4 ,and these may all be properly called state courts1 the state being subdivided into judicial districts1 each comprising one or more counties1 for the purpose of bringing justice within the reach of every person4 ,but there is also in every state a ,,state ,,supreme ,,court4 ,need of4--,the supreme court is needed for the following reasons3 #a4 ,to review cases on appeal4 ,notwithstanding the great care exercised in the lower courts1 errors are liable to occur1 and the person aggrieved may ask for a new trial4 ,if this be denied1 he may appeal to the supreme court4 ,appeals are usually taken on one or more of three grounds--7a7 ,on exceptions to rulings of the judge as to the admissibility of testimony2 7b7 ,on exceptions to the judge's charge to the jury2 7c7 ,on the ground that the verdict of the jury is not warranted by the evidence4 #b4 ,to interpret the law4 ,the exceptions referred to in the preceding paragraph may involve the meaning of a law4 ,in that case the decision of the supreme court establishes the meaning of the law in question1 and the lower courts of the state are thereafter bound by the interpretation given4 #c4 ,to pass upon the constitutionality of a law4 ,the appeal may be made for the purpose of testing the constitutionality of a law4 ,if declared unconstitutional by the supreme court1 the law is void4 #d4 ,to issue certain remedial writs4 ,among these may be mentioned the writ of habeas corpus and the writ of mandamus4 ,thus1 if a person has been committed to prison by decree of one of the lower courts1 to appeal the case and get it reviewed1 might take so much time that the term of imprisonment would expire before relief could be obtained4 ,to bring the matter quickly to the test1 the writ of habeas corpus may be used4 ,how ,constituted4--,the supreme court consists of one chief justice and two or more associate justices4 ,the number in each state may be seen by reference to the appendix 7pp4 #bif-g71 as may also the term of service1 the number of sessions held during the year1 etc4 ,reports4--,since the decisions of the supreme court are binding upon all the lower courts of the state1 they must be published in permanent form4 ,to this end1 the clerk of the supreme court makes an elaborate record of each case2 the judges render their decisions in writing1 giving their reasons at length2 and the reports of the decisions are prepared for publication with great care by an officer called the reporter4 ,the decision is written by one of the judges1 who signs it1 but it must be agreed to by a majority of the court4 ,the bound volumes of reports are found in every lawyer's library4 ,a ,court of ,final ,appeal4--,in all cases involving only state laws1 and this includes a large majority of cases1 the decision of the state supreme court is final4 ,only on the ground that the state law is not in harmony with the constitution or laws of the ,united ,states can a case involving such a law be appealed from the supreme court of the state4 ,the appeal is to the supreme court of the ,united ,states1 which decides merely the question of the validity of the law4 ,state ,courts and ,federal ,courts4--,the jurisdiction of the ,united ,states courts is given in the constitution of the ,united ,states1 ,article ,,iii1 section #b4 ,if during the progress of a trial in a state court1 rights claimed under the ,united ,states constitution or laws or under a treaty of the ,united ,states become involved1 the case may be removed to a federal court4 ,no ,jury in the ,supreme ,court4--,there is no jury in the supreme court4 ,questions of fact are determined in the lower courts4 ,appeals are on questions of law4 ,a transcript of the proceedings in the trial court is submitted to the supreme court4 ,ask a lawyer to show you a brief and a paper book4 ,some ,pertinent ,questions4 ,give the jurisdiction of a justice court4 ,of a probate court4 ,of a district or circuit court4 ,of the supreme court8 ,who is the recording officer of a justice court8 ,of a probate court8 ,of a district court8 ,of the supreme court8 ,who keeps a record of the testimony in a justice court8 ,in a district court8 ,what is meant by noting an exception1 and why is it done8 ,if a person is dissatisfied with the decision of the supreme court1 what can he do about it8 ,who besides the judges of the supreme court can issue the writ of habeas corpus8 ,name the justices of the supreme court of this state4 ,how are they chosen8 ,how long do they serve8 ,how many terms does this court hold annually8 ,where are they held8 ,how long do they last8 ,read some of the syllabi of the decisions as they appear in the newspapers4 ,who prepares these outlines for the press8 ,which state in the ,union has the largest supreme court8 ,which has the smallest8 ,which demands the highest qualifications8 ,in which is the term the longest8 ,in which the shortest8 ,does a decision of the supreme court of ,new ,york have any weight in ,minnesota8 ,which states rank highest in the value attached to the decisions of their supreme courts8 ,how do you account for this8 ,paper3 ,by means of pages #bib-g1 c41 prepare a tabular view of your state1 taking that on pages #cad-ae as a model4 ,,chapter ,,xvi4 ,,retrospect ,,and ,,prospect4 ,each ,organization a ,miniature ,government4--,some things of general interest are matters for regulation by the state as a whole1 through its legislature4 ,but many things are properly left to local regulation4 ,for instance1 in a timbered town1 where fences can be cheaply built1 it may be desirable1 especially if there is much wild land1 to let cattle run at large1 each person fencing out the cattle from his crops4 ,on the other hand1 in a prairie town1 where fencing is expensive1 or where there is little wild land1 it may seem best to arrange that each person shall fence in his own cattle4 ,no persons can judge which is the better plan for a given neighborhood so well as the people who live there4 ,and to them it is left1 to be determined at the annual meeting4 ,in passing upon such questions1 in appropriating money for local improvements1 c41 powers pseudo-legislative are exercised4 ,matters of detail are determined by the supervisors1 and they with the clerk1 the treasurer1 the road overseers1 the constables1 and the assessor1 constitute what may be called the executive1 or more properly the administrative1 department4 ,and the local judicial functions are performed by the justices of the peace4 ,similarly it may be shown that the village1 the city1 and the county are governments in miniature4 ,local ,officers as ,state ,officers4--,the governor is the chief executive officer of the state1 but not the only one4 ,there are others enumerated on pages #ij-ii4 ,but besides these1 the state uses local officers in part to carry into execution the acts of the legislature4 ,for instance1 when the legislature has appropriated a certain sum for a specific purpose1 the executive department raises and applies the money4 ,to this end1 the taxable property of the state is valued by the assessors2 these estimates are reviewed by the boards of equalization2 the county auditors make up the tax lists2 the county treasurers collect the money and transmit it to the state treasurer1 from whom it goes to the institution for whose benefit it was appropriated4 ,all writs issued by justices of the peace run in the name of the state1 showing that these are in a certain sense state judicial officers4 ,state ,officers as ,united ,states ,officers4--,as a rule the ,united ,states appoints its own officers1 and stations them where they are needed4 ,but in a very few cases1 state officers are used4 ,for instance1 in order that persons accused of crime against the ,united ,states may be promptly apprehended1 commissioners of the ,united ,states circuit court are appointed in every state with power to issue warrants of arrest and take testimony4 ,but in the absence of a commissioner1 the warrant may be issued and testimony taken by any judicial officer of the state4 ,in such a case1 a justice of the peace may act temporarily as a ,united ,states officer4 ,the best interests of society are served thereby4 ,elective and ,appointive ,officers4--,in the school district and the town all officers are elected1 none being appointed except to fill vacancies4 ,as the organizations increase in size1 appointive offices increase relatively in number1 until among officers of the ,united ,states only two are elected4 ,members of the legislative department in each of the organizations are elected4 ,vacancies4--,these occur usually either by death or resignation1 occasionally by removal from office4 ,to save the expense of a special election1 vacancies in elective offices are filled by temporary appointment1 except in the case of members of the legislature and members of the ,united ,states house of representatives4 ,resignations4--,these are sent as a rule3 7a7 by elective officers1 to that officer who is authorized to make the temporary appointment or to order a new election2 7b7 by appointive officers1 to the body1 board1 or officer that appointed them4 ,pertinent ,questions4 ,who constitute the legislative department in a town8 ,in a village8 ,in a city8 ,in a county8 ,the executive in each8 ,the judicial8 ,show that the county superintendent of schools is also one of the executive officers of the state4 ,do any local officers belong to the state legislative department8 ,should the judges of the circuit court be elected or appointed8 ,should all the county officers be elected at the same time8 ,to whom would a member of congress send his resignation if he desired to be relieved8 ,a judge of the state supreme court8 ,the county auditor8 ,,part ,,iii4 ,,the ,,nation4 ,,chapter ,,xvii4 ,,historical4 ,in order to understand the government of the ,united ,states1 we must examine its beginnings and antecedents4 ,,the ,,colonies4 ,when ,columbus returned to ,spain with his marvelous stories of the ,new ,world1 expeditions were fitted out which soon filled the coffers of that country with wealth from ,mexico1 ,central and ,south ,america1 and the ,west ,indies4 ,spain became the wealthiest nation of the world4 ,other countries soon caught the infection1 and expeditions were sent from ,france1 ,holland and ,england1 the other great commercial nations of western ,europe4 ,for a long time scarcely any effort was made to form permanent settlements1 and the attempts that were by and by made were unsuccessful4 ,for more than a hundred years the territory now included within the ,united ,states remained unoccupied1 except at a few points in the southern part4 ,explorations were1 however1 pushed with vigor1 and many conflicting claims were based upon them4 ,about the beginning of the seventeenth century permanent settlements began to be made1 yet the increase in population was for the succeeding hundred and fifty years very slow4 ,during this time settlements were made in the tropical part of ,america by the ,spanish2 the ,french founded settlements in ,canada and established a chain of forts along the ,ohio and ,mississippi2 and the ,english1 though claiming all the land to the ,pacific1 made settlements only along the ,atlantic4 ,the ,dutch and the ,swedes made settlements along the ,hudson and about ,delaware ,bay1 respectively4 ,by the middle of the eighteenth century1 the ,swedes had been dispossessed by the ,dutch1 who in turn had succumbed to the ,english4 ,and in #agef began the great struggle between ,france and ,england for the possession of the ,mississippi ,valley4 ,england won1 and the existence of the ,united ,states as we know and love it became a possibility4 ,,the ,,causes ,,of ,,the ,,revolution4 ,the causes of the ,revolutionary ,war fall naturally into two great classes1 the remote and the immediate4 ,the ,remote ,causes4--,among the underlying causes of the war may be mentioned the following3 #a4 ,the location of the colonies4 ,they were separated from the mother country by a great ocean1 which then seemed many times as wide as it does now4 ,communication was so infrequent that the authorities in ,england could not keep track of what was going on in ,america1 and misgovernment could flourish unchecked because unknown4 ,and so far away and so differently circumstanced from the people in ,england were the people of the colonies that the former could not appreciate the real needs of the latter4 #b4 ,the character of the colonists4 ,character is the product largely of ancestry and circumstances4 ,the ancestors of these people1 after a struggle lasting hundreds of years1 had established liberty in ,england and intrenched it in guarantees the wisest ever devised by man4 ,from them the colonists inherited the right of freedom from arbitrary arrest2 of giving bail in ordinary offenses2 of a speedy1 public trial by jury1 near the place where the crime was alleged to have been committed2 of the writ of habeas corpus2 of established rules of evidence2 and1 indeed1 of nearly all the rights mentioned in the first ten amendments to the constitution of the ,united ,states4 ,their ancestors had1 in the war between ,cromwell and ,charles ,i41 laid down their lives to establish the principle that taxes can be laid only by the people or by their representatives4 ,the colonists themselves had been compelled to face difficulties incident to life in a new country1 and had developed the power to act independently in matters pertaining to their individual good4 ,and in the management of their several commonwealths they had gained considerable experience in governmental affairs4 ,with such ancestry and such experience they would not tamely endure being imposed upon4 #c4 ,the character of the king4 ,on the death of ,queen ,anne without an heir1 ,george ,i41 elector of ,hanover1 had become king of ,england1 and he had been succeeded by his son1 ,george ,,ii4 ,to both of these kings ,england was really a foreign country1 of whose institutions1 and of whose language even1 they were profoundly ignorant4 ,as a consequence1 their personal influence in ,england was small4 ,when1 in #agfj1 young ,george ,,iii4 ascended the throne1 he resolved to be king in fact as well as in name4 ,this determination1 which he adhered to1 coupled with his unfamiliarity with ,english institutions1 explains many things otherwise difficult to understand4 7,see ,fiske's ,war of ,independence1 pp4 #eh-gj47 #d4 ,the prevailing mode of colonization4 ,many of the colonies had been founded for commercial reasons merely1 with no intention of forming governmental institutions1 ,chartered companies and individuals planted settlements for the profit there was supposed to be in doing so4 ,these colonies were designed to be merely self-supporting trading outposts of ,england4 ,money had been put into these enterprises1 and in the effort to secure a profitable return many unjust commercial restrictions were imposed upon the colonists4 ,immediate ,causes4--,among the immediate causes of the ,revolutionary ,war may be mentioned3 #a4 ,the ,french and ,indian ,war4 ,in the first place1 this war facilitated the union of the colonies4 ,several attempts at union had failed2 there were too many opposing influences4 ,while by far the greater number of the colonists were ,english1 there were many ,dutch in ,new ,york1 and some ,swedes remained in ,delaware4 ,moreover1 the ,english themselves differed radically in politics1 those in the ,south having been royalists1 while those in ,new ,england sympathized with ,cromwell and parliament4 ,but more serious than these political differences1 were the differences in religion4 ,the old ,european quarrels had an echo here1 and the catholics of ,maryland1 the episcopalians of ,virginia1 the puritans of ,massachusetts1 the baptists of ,rhode ,island1 the lutherans of ,new ,york1 and the quakers of ,pennsylvania1 all had grievances to remember4 ,travel1 which does so much to broaden the mind and free it from prejudice1 was both difficult and dangerous4 ,the ,french and ,indian ,war1 bringing together men from all the colonies1 was of great service in breaking down intercolonial animosities4 ,facing the same dangers1 standing shoulder to shoulder in battle1 and mingling with each other around the camp fires1 the men of the several colonies came to know each other better1 and this knowledge ripened into affection4 ,the soldiers on their return home did much to disseminate the good feeling4 ,in the second place1 the ,french and ,indian ,war by annihilating all the claims of ,france to ,american soil removed the principal enemy that had rendered the protection of ,england necessary to the colonies4 ,in the third place1 this war gave the colonists an experience in military affairs and a confidence in their own powers which emboldened them to dare open rebellion4 ,and in the fourth place1 this war produced the debt which led to the taxation which was the most immediate cause of the outbreak4 #b4 ,various tyrannical acts of the king4 ,these are given explicitly in the ,declaration of ,independence4 ,some ,pertinent ,questions4 ,name a country in the world's history that ever allowed its colonies representation in its home parliament or legislative body4 ,name one that does it today4 ,why do territories in this country desire to become states8 ,name some country1 other than ,england1 which could have given birth to the ,united ,states4 ,prove your proposition4 ,the ,duc de ,choiseul1 the ,french minister who signed the treaty whereby ,france yielded to ,england her claims to ,american soil1 remarked after doing it1 ,that is the beginning of the end of ,english power in ,america4 ,what did he mean8 ,upon what did he base his opinion8 ,why did ,france help the ,americans in the ,revolutionary ,war8 ,what is meant1 in speaking of the colonies1 by royal province8 ,charter government8 ,proprietary government8 ,what experience in law making did the colonists have8 ,where and when did the first representative assembly in ,america convene8 ,find in the ,declaration of ,independence an expression complaining of non-representation in parliament4 ,to the patriotic and far sighted men who had striven to form a union of the colonies1 did the religious differences which frustrated their plans seem fortunate or unfortunate8 ,can you see how it came about that we have no state church1 that we enjoy religious freedom8 ,doesn't it seem that there must have been a ,planner wiser than any man who was working out ,his own designs8 ,,chapter ,,xviii4 ,,the ,,articles ,,of ,,confederation4 ,,what ,,preceded ,,them4 ,the ,revolutionary ,period4--,the nation was born ,july #d1 #aggf4 ,from that time until the adoption of the articles of confederation in #agha the people of the ,united ,states carried on their governmental affairs by means of a congress clothed with undefined powers for the general good4 ,this congress had1 speaking in the name and by the authority of the good people of these colonies1 issued the declaration of independence2 it had entered into an alliance with ,france2 and it had prosecuted the war almost to a successful issue1 before it had received any definite warrant for its acts4 ,its acts were justified by necessity1 and had their authority in the common consent of a majority of the people4 ,during nearly all of the revolutionary war1 the people of the colonies were largely held together by their fears4 ,,the ,,articles ,,themselves4 ,their ,history4--,but these were pre-eminently a people of peace and good order4 ,this is shown in part by the spirit and form of the declaration of independence4 ,they had no idea of allowing themselves to lapse or drift into anarchy4 ,they understood the necessity for a permanent government4 ,accordingly1 when1 on the eleventh of ,june1 #aggf1 a committee of congress was appointed to abolish one form of government by drafting a declaration of independence1 another committee was appointed to frame a plan on which to institute a new government4 ,after more than a month's deliberation this committee reported its plan1 embodied in what is called articles of confederation4 ,this plan was discussed from time to time1 and finally1 somewhat modified1 was agreed to by congress1 ,november #ae1 #aggg4 ,it was then submitted to the states for ratification4 ,in ,july1 #aggh1 the articles were ratified by ten of the states4 ,new ,jersey ratified in ,november1 #aggh1 and ,delaware in ,february1 #aggi4 ,but the articles were not to become binding until ratified by all the states1 and ,maryland did not authorize her delegates in congress to sign the instrument in ratification until ,march #a1 #agha4 7,maryland claims to have fought through the revolutionary war1 not as a member but as an ally of the ,united ,states47 ,their peculiarities4--,the articles of confederation were different from our present constitution1 both in principle and in method of operation1 as follows3 #a4 ,the nature of the government formed4 ,the government was that of a confederation of states1 each retaining its sovereignty and independence4 ,the union was declared to be a firm league of friendship4 ,it was to be perpetual4 #b4 ,the branches of government4 ,only one was provided for1 a congress4 ,no provision was made for executive or judicial officers apart from the congress itself4 #c4 ,the structure of the congress4 ,the congress consisted of only one house or chamber4 ,members were elected for one year1 subject to recall at any time1 and they were paid by their respective states4 ,no person was eligible to membership for more than three years in any period of six years4 ,no state could be represented by less than two1 nor more than seven members4 ,each state had one vote4 #d4 ,the powers of congress4 ,the ,united ,states in congress assembled had power to treat with foreign countries1 to send and receive ambassadors1 to determine peace and war4 ,congress was the last resort on appeal in all disputes between the states2 could fix the standard of weights and measures1 and of the fineness of coin2 could establish and regulate postoffices2 could ascertain and appropriate the necessary sums of money to be raised for the service of the ,united ,states2 could borrow money on the credit of the ,united ,states2 could agree upon the number of land forces and make requisition on each state for its quota2 and could appoint a committee consisting of one member from each state1 to sit during the vacations of congress4 #e4 ,powers denied to the states4 ,no state could enter into any treaty with another state or with a foreign nation1 nor engage in war1 except by consent of the ,united ,states in congress assembled2 nor keep vessels of war or a standing army in time of peace1 except such number as congress should deem necessary4 ,reasons for the peculiarities4--,suffering breeds caution4 ,every one of the peculiarities was based upon distrust4 ,the people were afraid to trust their delegates4 ,this is manifest in the shortness of the term1 the provision for recall1 the reserved right to control the delegates by controlling their pay1 and the limitation as to service4 ,the states were afraid of each other1 especially were the small states distrustful of the large ones4 ,this is evidenced in the provision that each state should have one vote4 ,by this arrangement the states had equal power in the congress4 ,the people and the states were afraid of the general government4 ,a central government was a necessity1 but it was given only very limited powers4 ,the people would not have an executive officer1 because they feared anything resembling kingly rule4 ,they did not dare to establish a national judiciary having jurisdiction over persons and property1 because their experience with trials beyond the sea had made them wary of outside tribunals4 ,it is to be observed1 however1 that with all their distrust1 in spite of the fact that their colonial or state jealousies and habits had returned upon them1 notwithstanding their specific statement in the instrument itself that each state retains its sovereignty1 the instinct of nationality was yet strong enough to cause them to continue in the general government the actual sovereign powers4 ,thus1 the ,united ,states alone could treat with foreign nations1 declare war1 and make peace4 ,another great sovereign power1 that of coining money1 was unfortunately shared by the states4 ,their defects4--,the great defect in the articles of confederation was that they placed too little power in the hands of the general government4 ,although congress possessed the right to declare war1 it could only apportion the quota of men to each state2 the states raised the troops4 ,and so on with the other powers4 ,the government of the ,united ,states during the confederation period was a name without a body1 a shadow without a substance4 ,an eminent statesman of the time remarked that by this political compact the continental congress have exclusive power for the following purposes without being able to execute one of them3 ,they may make and conclude treaties2 but they can only recommend the observance of them4 ,they may appoint ambassadors2 but they cannot defray even the expenses of their tables4 ,they may borrow money on the faith of the ,union2 but they cannot pay a dollar4 ,they may coin money2 but they cannot buy an ounce of bullion4 ,they may make war and determine what troops are necessary2 but they cannot raise a single soldier4 ,in short1 they may declare everything1 but they can do nothing4 ,the consequences4--,the history of the confederation during the twelve years beyond which it was not able to maintain itself1 is the history of the utter prostration1 throughout the whole country1 of every public and private interest1--of that which was1 beyond all comparison1 the most trying period of our national and social life4 ,for it was the extreme weakness of the confederate government1 if such it could be called1 which caused the war of independence to drag its slow length along through seven dreary years1 and which1 but for a providential concurrence of circumstances in ,europe1 must have prevented it from reaching any other than a disastrous conclusion4 ,when1 at last1 peace was proclaimed1 the confederate congress had dwindled down to a feeble junto of about twenty persons1 and was so degraded and demoralized1 that its decisions were hardly more respected than those of any voluntary and irresponsible association4 ,the treaties which the confederation had made with foreign powers1 it was forced to see violated1 and treated with contempt by its own members2 which brought upon it distrust from its friends1 and scorn from its enemies4 ,it had no standing among the nations of the world1 because it had no power to secure the faith of its national obligations4 ,for want of an uniform system of duties and imposts1 ,footnote3 ,each state regulated its own commerce4 and by conflicting commercial regulations in the different states1 the commerce of the whole country was prostrated and well-nigh ruined4444 ,bankruptcy and distress were the rule rather than the exception4444 ,the currency of the country had hardly a nominal value4 ,the states themselves were the objects of jealous hostility to each other4444 ,in some of the states rebellion was already raising its horrid front1 threatening the overthrow of all regular government and the inauguration or universal anarchy4 ,footnote3 ,dr4 ,j4 ,h4 ,mc,ilvaine in ,princeton ,review1 ,october1 #ahfa4 ,read also ,fiske's ,critical ,period of ,american ,history1 chapter ,,iv4 ,,chapter ,,xix4 ,,the ,,origin ,,of ,,the ,,constitution4 ,for several years efforts were made by some of our wisest and best patriots to procure an enlargement of the powers of the continental congress1 but from the predominance of state jealousies1 and the supposed incompatibility of state interests with each other1 they all failed4 ,at length1 however1 it became apparent1 that the confederation1 being left without resources and without powers1 must soon expire of its own debility4 ,it had not only lost all vigor1 but it had ceased even to be respected4 ,it had approached the last stages of its decline2 and the only question which remained was whether it should be left to a silent dissolution1 or an attempt should be made to form a more efficient government before the great interests of the ,union were buried beneath its ruins4 ,footnote3 ,story ,preliminary ,movements4--,in #aghe a resolution was passed by the legislature of ,massachusetts declaring the articles of confederation inadequate1 and suggesting a convention of delegates from all the states to amend them4 ,no action1 however1 was taken4 ,in the same year commissioners from ,virginia and ,maryland met at ,alexandria1 ,va41 to arrange differences relative to the navigation of the ,potomac1 the ,roanoke1 and ,chesapeake ,bay4 ,the deliberations showed the necessity of having other states participate in the arrangement of a compact4 ,in #aghf the legislature of ,virginia appointed commissioners to meet such as might be appointed by the other states of the ,union1 444 to take into consideration the trade of the ,united ,states4 ,only four states accepted the invitation4 ,commissioners from the five states met at ,annapolis1 and framed a report advising that the states appoint commissioners to meet at ,philadelphia on the second ,monday in ,may next1 to take into consideration the situation of the ,united ,states1 to devise such further provisions as shall appear to them necessary to render the constitution of the federal government adequate to the exigencies of the ,union4 ,footnote3 ,elliot's ,debates ,in accordance with this suggestion1 congress passed a resolution1 ,february #ba1 #aghg1 recommending that a convention of delegates1 who shall have been appointed by the several states1 be held at ,philadelphia1 for the sole and express purpose of revising the articles of confederation4 ,footnote3 ,elliott's ,debates ,the ,constitutional ,convention4--,in response to the call of congress1 delegates from all the states except ,rhode ,island met in ,philadelphia4 ,by ,may #be1 a quorum had assembled1 the convention organized1 with ,george ,washington as chairman1 and began its momentous work4 ,it was soon discovered that it would be useless to attempt to amend the articles of confederation4 ,they were radically defective1 and a new plan of government was seen to be necessary4 ,the national idea must be re-established as the basis of the political organization4 ,it was objected by some members that they had no power1 no authority1 to construct a new government4 ,they certainly had no authority1 if their decisions were to be final2 and no authority whatever1 under the articles of confederation1 to adopt the course they did4 ,but they knew that their labors were only to be suggestions2 and that they as well as any private individuals1 and any private individuals as well as they1 had a right to propose a plan of government to the people for their adoption4444 ,the people1 by their expressed will1 transformed this suggestion1 this proposal1 into an organic law1 and the people might have done the same with a constitution submitted to them by a single citizen4 ,pomeroy's ,constitutional ,law1 p4 #ee ,the labors of the convention lasted four months4 ,the constitution was agreed to ,september #ae1 #aghg4 ,some of the difficulties encountered4--,of these perhaps the most formidable was the adjustment of power so as to satisfy both the large and the small states4 ,so long as the idea of having the congress consist of one house remained1 this difficulty seemed insurmountable4 ,but the proposal of the bicameral congress proved a happy solution of the question4 ,footnote3 ,see discussion of section #a1 ,article ,i41 ,constitution1 page #abd4 ,although so much distress had followed state regulation of commerce1 and although most of the delegates from the commercial states were in favor of vesting this power in the federal government1 it was only after much deliberation1 and after making the concession that no export duties should be levied1 that the power to regulate commerce was vested in congress4 ,another perplexing question was the regulation of the slave trade4 ,for two days there was a stormy debate on this question4 ,by a compromise congress was forbidden to prohibit the importation of slaves prior to #ahjh1 but the imposition of a tax of ten dollars a head was permitted4 ,the men who constituted the convention4--,the convention included such men as ,george ,washington1 ,alexander ,hamilton1 ,benjamin ,franklin1 ,james ,madison1 ,roger ,sherman1 ,gouverneur ,morris1 ,edmund ,randolph1 and the ,pinckneys4 ,of the destructive element1 that which can point out defects but cannot remedy them1 which is eager to tear down but inapt to build up1 it would be difficult to name a representative in the convention4 ,footnote3 ,cyclopedia of ,political ,science1 vol4 ,i41 article ,compromises4 ,the constitution a growth4--,the constitution was not an entirely new invention4 ,the men who prepared it were wise enough not to theorize very much1 but rather to avail themselves of the experience of the ages4 ,almost every state furnished some feature4 ,for instance3 ,the title ,president had been used in ,pennsylvania1 ,new ,hampshire1 ,delaware1 and ,south ,carolina2 ,the term ,senate had been used in eight states2 the appointment and confirmation of judicial officers had been practiced in all the states2 the practice of ,new ,york suggested the president's message1 and that of ,massachusetts his veto2 each power of the president had its analogy in some state2 the office of vice-president came from that of lieutenant governor in several of the states4 ,some of its peculiarities4--,and yet the instrument is one of the most remarkable ever penned by man4 #a4 ,it is short4 ,it would not occupy more than about two columns of a newspaper4 #b4 ,it covers the right ground4 ,it deals with things permanent1 and leaves transient matters to legislation4 ,its adaptation to our needs is seen in the fact that it has remained substantially unchanged1 although in territory and population our country has grown immensely4 #c4 ,it is a model in arrangement and language4 ,the lucidity and perspicuity of the language of the constitution have called forth expressions of admiration from all who have studied it carefully4 ,probably its master-stroke is the creation of the national judiciary4 ,let us now proceed to a study of the instrument itself1 prepared to weigh carefully every sentence4 ,some ,pertinent ,questions4 ,group all the defects of the government under the articles of confederation using these two heads3 #a4 ,defects in organization4 #b4 ,defects in essential powers4 ,in the constitutional convention there were several plans proposing forms of government4 ,state the provisions of the ,virginia plan2 of the ,new ,jersey plan2 of the ,hamilton plan2 the ,connecticut plan4 ,watch for traces of each as you proceed in your study of the constitution4 ,memorize the following outline of the constitution3 ,,general ,,outline ,,of ,,the ,,constitution4 ,,preamble1 giving reasons for the formation of the constitution4 ,,article ,i4--,the ,legislative ,department4 ,sec4 #a4 ,vestment of power in a congress of two houses4 ,sec4 #b4 ,house of representatives3 apportionment1 qualifications1 election1 term1 sole powers4 ,sec4 #c4 ,senate3 apportionment1 qualifications1 election1 term1 sole powers4 ,sec4 #d4 ,congress3 time and place of election1 time of meeting4 ,sec4 #e4 ,houses respectively3 relations to members4 ,sec4 #f4 ,provisions common3 privileges and disabilities4 ,sec4 #g4 ,mode of passing laws4 ,sec4 #h4 ,powers of congress4 ,sec4 #i4 ,prohibitions on congress4 ,sec4 #aj4 ,prohibitions on the states4 ,,article ,,ii4--,the ,executive ,department4 ,sec4 #a4 ,vestment of power1 term1 qualifications1 election1 etc4 ,sec4 #b4 ,powers4 ,sec4 #c4 ,duties4 ,sec4 #d4 ,responsibility4 ,,article ,,iii4--,the ,judicial ,department4 ,sec4 #a4 ,vestment of authority1 appointment1 term1 etc4 ,sec4 #b4 ,jurisdiction4 ,sec4 #c4 ,treason1 definition1 procedure4 ,,article ,,iv4--,the ,states4 ,sec4 #a4 ,mutual credit of official papers4 ,sec4 #b4 ,inter-state relations4 ,sec4 #c4 ,new states and territories4 ,sec4 #d4 ,republican form of government guaranteed4 ,,article ,v4--,mode of ,amending the ,constitution ,,article ,,vi4--,miscellaneous ,,article ,,vii4--,ratification ,,amendments4 #a-aj4 ,personal rights guaranteed4 #aa4 ,limitation on ,jurisdiction of ,u4,s4 ,courts4 #ab4 ,mode of electing the president and vice-president4 #ac-ae4 ,fruits of the ,civil ,war4 ,illustration3 ,,principal ,,story 7,for ,key see back of page47 ,illustration3 ,,the ,,principal ,,story ,,of ,,the ,,capitol4 ,,chapter ,,xx4 ,,the ,,constitution ,,of ,,the ,,united ,,states4 ,,the ,,enacting ,,clause #a ,,or ,,preamble4 ,we1 the people of the ,united ,states1#b in order to form a more perfect union1#c establish justice1#d insure domestic tranquillity1#e provide for the common defense1#f promote the general welfare1#g and secure the blessings of liberty to ourselves and our posterity1#h do ordain and establish this constitution for the ,united ,states of ,america4 #a ,the preamble or enacting clause is very important1 because it states the purposes for which the constitution was framed1 and is1 therefore1 a valuable aid in interpreting its provisions4 #b ,these words are important1 because3 ,first1 they recognize the people as the source of power4 ,second1 they show that the constitution is different in nature from the articles of confederation4 ,the latter was a compact between states1 adopted by state legislatures acting for the states as such2 the former was ordained and established by the people of the ,united ,states1 one people1 acting as a unit4 ,and the expression1 which was inserted in the preamble after due deliberation1 is1 therefore1 an argument in favor of the proposition that this is a nation and not a mere confederacy4 #c ,more perfect than under the articles of confederation1 in which the states were declared sovereign and independent4 ,the sovereignty is given by the constitution to the general government1 which is clothed with ample power to maintain its independence4 ,at the same time such limitations are placed upon its power as will prevent its becoming despotic4 #d ,to establish justice is one of the primary purposes of government4 ,under the articles of confederation there had been no national judiciary1 and state courts often discriminated against foreigners and citizens of other states4 ,to remedy this1 to establish fair-handed justice throughout the land1 the national judiciary was created by the constitution4 #e ,domestic tranquillity means here peace among the states and within each state4 ,the condition of affairs during the confederation period had been woeful4 ,a long war had impoverished the people1 and unable to pay their taxes they had in several places broken out in rebellion4 ,each state by commercial regulations was trying to better its fortunes even at the expense of the others4 ,these regulations1 and disputes about boundaries1 kept the states quarreling among themselves4 ,by transferring to the general government the power to regulate commerce with foreign nations and among the states1 by giving it power to enforce treaties1 and by creating a tribunal with authority to settle controversies between states1 the framers of the constitution removed in a large measure the irritating causes of discord4 ,but to insure peace1 the general government was expressly given power to put down insurrections in the states4 #f ,to defend the country is another of the important duties of government4 ,the ,united ,states could do this better than each state could defend itself4 ,several reasons are obvious4 ,therefore the general government was empowered to raise and maintain an army and navy1 and it thus became competent to inspire confidence at home and respect abroad4 #g ,to promote the general welfare was the great object for which the government was organized1 and all the provisions of the constitution have that in view4 ,this expression was intended to cover all those things which a government may properly do for the good of the people4 ,it is very elastic1 as it was intended to be1 and has covered acts as different as the purchase of ,louisiana1 and the endowment of agricultural colleges1 the granting of a patent1 and the establishment of post-offices4 #h ,this is a worthy climax to the preamble4 ,the great struggle1 which began in the mother country1 continued through colonial times1 and culminated in the revolution1 had been for liberty4 ,the love of liberty had illumined the pathway of the pilgrims crossing unknown seas2 it had glowed in the ,declaration of ,independence2 it had warmed the hearts of the half-clad soldiers at ,valley ,forge4 ,liberty had now been won2 the problem was how to render it secure4 ,the desired security was to be found only in the formation of a government having all powers necessary for national sovereignty and independence1 while retaining in the states all powers necessary for local self-government4 ,,chapter ,,xxi4 ,,article ,i4--,,the ,,legislative ,,branch4#a ,,section ,i4--,,congress4 ,all legislative powers herein granted1 shall be vested in a congress of the ,united ,states1 which shall consist of a senate and house of representatives4#b #a ,the division of governmental functions among three branches has already been discussed on page #gi4 ,the legislative branch comes first and occupies most space in the constitution because its framers regarded the legislative as the most important branch4 ,and laws must be made before they can be interpreted or executed4 #b ,the reason for the creation of two houses or chambers was that thus only could the conflicting claims of the large and small states be reconciled4 ,it was1 in fact1 a compromise1 the first of a series4 ,only a few in the convention thought at first of having two houses1 the plan being to continue as under the articles of confederation with one house4 ,on the question of apportioning representatives1 it was found that there was a decided difference of opinion4 ,the small states wished to continue the principle of the articles of confederation1 which gave the several states equal power4 ,but the large states insisted that the power of a state should be in proportion to its population4 ,the differences were finally settled by the creation of two houses1 in one of which the states should have equal power1 and in the other the representation should be based upon population4 ,connecticut has the honor of furnishing this valuable compromise4 ,in her legislature1 representation in one house was based on population2 in the other1 the towns had equal representation4 ,among the advantages of having two houses1 aside from that mentioned on page #hj1 are these3 ,it tends to prevent a few popular leaders from carrying through laws not designed for the common good2 it secures a review of any proposed measure by men elected in different ways and looking at it from different standpoints4 ,as our congress is organized1 the members of the house of representatives1 being elected by popular vote and for a short term1 are likely to represent with considerable faithfulness the wishes of the people4 ,but the people may be for a time wrong--as1 for instance1 in the persecution of the witches--and senators1 who by their mode of election and length of term are made somewhat independent1 can comparatively without fear do what seems right1 even if temporarily unsupported by public opinion4 ,,section ,,ii4--,,house ,,of ,,representatives4#a ,clause #a4--;,composition and ,term4 ,the house of representatives shall be composed of members chosen every second year#b by the people#c of the several states1 and the electors#d in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature4#e #a ,so called because it represents the people4 #b ,the term under the confederation had been one year4 ,this was too short to permit any adequate study of the subjects to be legislated upon4 ,this longer term1 two years1 is still short enough to impose upon representatives the feeling of responsibility4 ,the term begins ,march #d1 at noon4 ,the time covered by a representative's term is called a congress2 thus we speak of the fortieth congress1 meaning the fortieth two years of our constitutional existence4 ,the name also applies to the body constituting our national legislative department during that time4 ,thus we say that a certain person is a member of congress4 ,a congress includes two regular sessions and any number of extra sessions which the president may see fit to call or which may be provided for by law4 ,the first regular session is called the long session1 because congress may remain in session through the summer1 if it choose4 ,the second is called the short session1 because it must end ,march #d1 at noon4 ,expiring thus by limitation1 it lasts not more than about three months4 #c ,the word people here means voters4 ,each state is divided by its legislature into congressional districts equal in number to the representatives to which it is entitled1 and the people of each district elect one representative4 ,sometimes when a state has its representation increased after a new census1 the old congressional districts are left for a time undisturbed1 and the added representatives are elected at large1 while the others are chosen by districts as before4 #d ,voters4 #e ,the qualifications for voting in any state are fixed by the state itself1 and different states require different qualifications4 ,when the constitution was framed1 but not now1 some states required higher qualifications in voters for the upper house of the state legislature than in voters for the lower2 so that more persons could vote for members of the lower1 which is always the most numerous branch1 than for the higher4 ,desiring to make the ,united ,states house of representatives as popular as possible1 the framers of the constitution determined that all whom any state was willing to trust to vote for a member of the lower house of the state legislature1 the ,united ,states could trust to vote for members of its lower house4 ,clause #b4--,qualifications4 ,no person shall be a representative who shall not have attained the age of twenty-five years1#a and been seven years a citizen of the ,united ,states1#b and who shall not1 when elected1 be an inhabitant of that state in which he shall he chosen4#c #a ,for business and voting purposes a man comes of age at twenty-one years4 ,four years of probation are considered the least amount of time necessary to fit him for the responsibilities of a member of the house of representatives4 #b ,a born citizen will at twenty-five years of age have been a citizen for twenty-five years4 ,a naturalized citizen must have lived in the ,united ,states for at least twelve years1 ,footnote3 ,eight years in the case of an honorably discharged soldier who may become a citizen on one year's residence4 five years to become a citizen and seven years afterwards1 before being eligible to the house of representatives4 ,these twelve years will have given him time to become ,americanized4 #c ,residence in the state is required in order that the state may be represented by persons interested in its welfare4 ,no length of time is specified1 however4 ,residence in the district is not required by the constitution1 because the distribution of representatives within a state is left to the state itself4 ,a person may be chosen to represent a district in which he does not live1 and this has been done in a few instances4 ,one does not lose his seat by moving from the district or even from the state1 but propriety would impel resignation4 ,,who ,,may ,,not ,,be ,,representatives4 #a4 ,persons holding any office under the ,united ,states4 ,i41 #f1 #b4 #b4 ,persons who by engaging in rebellion against the ,united ,states have violated their oath to support the constitution1 unless the disability be removed4 ,am4 ,,xiv41 #c4 ,clause #c4--;,apportionment4 ,the parts of this clause enclosed in brackets are now obsolete4 ,representatives and direct taxes#a shall be apportioned among the several states which may be included within this ,union1 according to their respective numbers1#b which shall he determined by adding to the whole number of free persons#c including those bound to service #d for a number of years1 and excluding ,indians not taxed1 three-fifths of all other persons4#e ,the actual enumeration#f shall he made within three years after the first meeting of the congress of the ,united ,states1#g and within every subsequent term of ten years1 in such manner as they shall by law direct4 ,the number of representatives shall not exceed one for every thirty thousand1#h but each state shall have at least one representative1#i and until such enumeration shall he made1 the ,state of ,new ,hampshire1 shall be entitled to choose three1 ,massachusetts eight1 ,rhode ,island and ,providence ,plantations one1 ,connecticut five1 ,new ,york six1 ,new ,jersey four1 ,pennsylvania eight1 ,delaware one1 ,maryland six1 ,virginia ten1 ,north ,carolina five1 ,south ,carolina five1 and ,georgia three4 #a ,these are like the usual local taxes2 that is1 poll taxes and taxes on real and personal property4 ,a tax on incomes derived from such property was1 in ,may1 #ahie1 declared by the ,united ,states ,supreme ,court to be a direct tax4 ,united ,states direct taxes have been laid only in #agih1 #ahac1 #ahae1 #ahaf1 #ahfb4 #b ,the revolutionary war had just been fought to maintain the principle1 taxation and representation go hand in hand1 and this provision was made in harmony therewith4 ,the including of direct taxes was a concession to the slaveholding states4 #c ,men1 women and children4 #d ,apprentices4 #e ,slaves4 ,the framers of the constitution did not like to use the word slave1 and therefore used this expression4 ,most of them1 even the slaveholders1 hoped that slavery would soon cease to be4 ,in determining the persons to be enumerated1 much difficulty was encountered4 ,the slaveholding states wished the slaves counted as individuals1 claiming that they had as much right to be represented as had women1 children and other non-voters4 ,the non-slaveholding ,footnote3 ,in all the states except ,massachusetts slavery then existed4 ,but in the northern states the number of slaves was so small1 that we may call them non-slaveholding4 states thought that being held as property they should not be counted at all for purposes of representation4 ,this provision in the constitution was the outcome1--another compromise4 #f ,called the ,census4 ,the prime purpose in taking the census is to find out the number of people in each state1 so that representation may be equalized4 ,but the census takers collect at the same time a vast amount of other useful information upon the agriculture1 manufactures1 commerce1 etc41 of the country4 ,reports of the census are published by the government for gratuitous distribution4 #g ,the first meeting of congress was held in #aghi1 and the first census was taken in #agij4 #h ,to prevent the ,house from becoming too large4 ,but the population of the ,united ,states has constantly and rapidly increased1 so that the ratio of representation1 as it is called1 has been made greater at each census4 ,it now takes #agc1ija people to secure a representative4 7,for ratio in each decade1 see pages #cab-ac47 #i ,so that even the smallest states shall be represented4 ,clause #d4--,vacancies4 ,when vacancies#a happen in the representation from any state1 the executive authority#b thereof shall issue writs of election#c to fill such vacancies4#d #a ,vacancies usually happen through the death or resignation of the incumbent4 ,but a vacancy may be made by the expulsion of a member or by the election of an ineligible person4 #b ,the governor or acting governor4 #c ,that is1 he orders an election4 ,the order is printed in the newspapers of the district1 and specifies the time the election is to be held4 ,at the time specified the electors vote as in regular elections4 ,this is called a special election4 #d ,the person elected serves for the unexpired term4 ,clause #e4--;,house ,powers4 ,the ,house of ,representatives shall choose their speaker#a and other officers2#b and shall have the sole power of impeachment#c4 #a ,called so in imitation of the title of the presiding officer of the ,british ,house of ,commons1 who was originally called the speaker because he acted as spokesman in communicating to the king the wishes of the ,house4 ,the speaker is chosen by ballot from among the members1 and serves during the pleasure of the ,house4 ,at the beginning of each congress a new election is held4 ,a speaker may be re-elected4 ,henry ,clay served as speaker for ten years4 ,the duties of the speaker are prescribed by the rules of the ,house4 ,so far1 he has always appointed the committees4 ,as the work of legislation is largely shaped by committees1 it may be fairly asked whether any one else can so affect the legislation of the country as can the speaker--whether1 indeed1 he has not too much power4 #b ,the most important other officers are the clerk and the sergeant-at-arms4 ,the clerk1 as his title would indicate1 has charge of the records of the ,house4 ,he has a number of assistants4 ,the sergeant-at-arms acts under the orders of the speaker in keeping order and in serving processes4 ,his duties in the ,house resemble those of the sheriff in court4 ,the doorkeeper1 postmaster1 and chaplain1 have duties indicated by their titles4 ,these officers are elected by the ,house and serve during its pleasure1 usually two years4 ,assistants are appointed by the officers whom they assist4 ,none of these officers are members of the ,house4 #c ,an impeachment is a solemn accusation in writing1 formally charging a public officer with crime4 ,the articles of impeachment are a sort of indictment2 and the ,house1 in presenting them1 acts as a grand jury1 and also as a public prosecutor4 ,footnote3 ,story's ,exposition of the ,constitution of the ,united ,states4 ,for further discussion of impeachment1 see pages #ach1 #bjc and #cca4 ,a very interesting account of the impeachment trial of ,secretary ,belknap is given in ,alton's ,among the ,lawmakers1 pages #bde-bej4 ,mr4 ,b4 is hidden under a fictitious name4 ,on impeachment1 see also ,wilson's ,congressional ,government1 page #bge4 ,,written ,,exercise4 ,each member of the class should prepare a tabulation like this1 filling out the blanks briefly4 ,,house ,,of ,,representatives4 ,i4 ,,number-- #a4 ,based upon4 #b4 ,limitations4 7a7 7b7 ,,ii4 ,,qualifications4 #a4 #b4 #c4 #d4 #e4 ,,iii4 ,,election-- ,,iv4 ,,term-- ,y4 ,,vacancy-- ,pertinent ,questions4 ,what is a constitution8 ,a law8 ,a preamble8 ,how many of the reasons assigned in the preamble for establishing this government are general and how many are special8 ,how many houses do most legislative bodies have8 ,how many did the congress under the confederation have8 ,why8 ,why has congress two houses8 ,how many representatives has this state in the ,u4,s4 congress8 ,give their names by districts4 ,in which district do you live8 ,when was your representative elected8 ,by the census of #ahhj1 ,alabama had a population of #a1bfb1eje2 how many representatives should it have8 ,nevada had only #fb1bfa inhabitants1 but has a representative2 how do you account for the fact8 ,what proportion of ,u4,s4 officers are elected8 ,what is the most numerous branch of this state's legislature called8 ,what qualifications must electors to that house have8 ,whom else can such persons therefore vote for8 ,if this state desired higher qualifications in electors for ,united ,states representatives1 how could she require them8 ,should not the ,united ,states designate the qualifications of voters for members of congress8 ,may one who is not a citizen of the ,united ,states vote for a member of congress8 ,what is the number of the present congress8 ,when did it begin8 ,how many members in the present ,house of ,representatives8 ,just how was that number determined8 ,name the speaker4 ,what political party is in the majority in the present ,house8 ,is congress now in session8 ,must a representative reside in the district from which he is chosen8 ,if your representative should move to another state1 would he lose his seat8 ,if a person twenty-four years and ten months old at the time of election should be chosen representative1 would he be eligible8 ,how long must an alien live in the ,united ,states to be eligible to the house8 ,is there any exception8 ,if #ac1jjj1jjj were to be raised for the use of the ,united ,states by direct taxation1 how much would this state have to pay8 ,how much would ,alaska have to pay8 ,how would this state raise the money8 ,are there any people in this state who are not counted in making up the representative population8 ,when was the first ,united ,states census taken8 ,how many have since been taken8 ,when was the last taken8 ,when will the next be taken8 ,how did members of congress vote under the confederation8 ,how do they now vote8 ,how is ,utah represented in congress8 ,the ,district of ,columbia8 ,what five states had the largest representation in the first congress8 ,what five have now8 ,which two have fewer members now than in the first congress8 ,which three have just the same number8 ,name the present officers of the ,house of ,representatives4 ,are any of them from this state8 ,how does our ,house of ,representatives compare with the ,british ,house of ,commons in the number of members8 ,in the length of their terms8 ,in the age required for eligibility8 ,what famous speech have you read in reply to one in which a certain member of the ,house of ,commons had been alluded to contemptuously as a young man8 ,could one who is not a voter be elected to the house8 ,is a woman eligible8 ,could the state impose other qualifications than those mentioned in the constitution8 ,,section ,,iii4--,,the ,,senate4#a ,clause #a4--;,composition4 ,the ,senate of the ,united ,states shall be composed of two senators from each state1#b chosen by the legislature thereof1#c for six years2#d and each senator shall have one vote4#e #a ,latin senatus1 from senex1 an old man4 ,this dignified term seems a favorite1 being used in many countries to designate the upper house4 ,in other countries a term is used having the same signification4 #b ,this arrangement will be remembered as the concession made by the large states to the small ones4 ,had the number of senators been fixed at one from each state1 equality of power among the states would still have been secured2 but sickness or accident might then leave a state unrepresented4 ,by having two1 this difficulty is obviated4 ,the two can consult about the needs of their state2 and the ,senate is large enough to confer power and encourage firmness4 ,three from each state would bring no advantages which are not now secured1 while the ,senate would be unnecessarily large and expensive4 #c ,this mode of election was fixed upon for two reasons3 ,first1 the senators represent the state1 as such1 and hence it seemed proper that they should be chosen by the body which acts for the state in its corporate capacity2 second1 the members of the ,house of ,representatives being elected by the people1 it was deemed advisable to elect the senators in a different way1 in order that1 by representing different elements1 each house might act as a check upon the other4 ,incidentally1 election by the legislature was considered good1 because it would serve as a connecting link between the states and the ,united ,states4 #d ,the long term gives dignity and independence to the position of senator2 it gives assurance of stability in the national councils1 and tends to secure for them confidence at home and respect abroad2 it raises senators above the whims and caprices of their constituents1 so that they may consult their solid interests1 rather than their immediate wishes4 #e ,under the confederation each state had from two to seven members of congress1 but only one vote4 ,if the delegation was equally divided on any question1 or if only one member was present1 the state lost its vote4 ,by the present arrangement a state need not go entirely unrepresented on account of the absence of one of its senators4 ,clause #b4--;,classification and ,vacancies4 ,immediately after they shall be assembled in consequence of the first election1 they shall be divided1 as equally as may be1 into three classes4#a ,the seats of the senators of the first class shall be vacated at the expiration of the second year2 of the second class1 at the expiration of the fourth year2 and of the third class1 at the expiration of the sixth year2#b so that one-third may be chosen every second year2 and if vacancies happen by resignation1 or otherwise1 during the recess of the legislature of any state1 the executive thereof may make temporary appointments until the next meeting of the legislature1 which shall then fill such vacancies4#c #a ,the object of this division is to secure for the ,senate at all times a large proportion of experienced members4 ,by this arrangement1 too1 the ,senate becomes a permanent body1 ready at any time to convene for the consideration of treaties1 for the trial of impeachments1 or for confirming executive appointments4 #b ,only ten states were represented when1 on ,may #ae1 #aghi1 this classification was first made4 7,north ,carolina and ,rhode ,island had not yet ratified the constitution1 and ,new ,york's senators had not yet presented their credentials47 ,the twenty senators had on the preceding day been grouped by name into three classes1 two of seven senators each1 and one of six4 ,by the drawing of three numbered slips of paper1 seven fell into class #a1 seven into class #b1 and six into class #c1 with terms ending ,march #c1 #agia1 #agic1 and #agie1 respectively4 ,after the classification had been fixed1 the two senators from ,new ,york appeared4 ,one was placed1 by lot1 in class #c 7thus filling the classes71 and then the other1 also by lot1 in class #a4 ,the two senators from the next state1 ,north ,carolina1 were therefore placed in the unfilled classes #b and #c4 ,since #agie1 each class holds for six years1 and a senator's term expires with that of his class4 #c ,senators represent the state1 and are elected by the body which acts for the state1--by the legislature if in session1 temporarily by the governor if it is not4 ,clause #c4--,qualifications4 ,no person shall be a senator1 who shall not have attained to the age of thirty years1#a and been nine years a citizen of the ,united ,states1#b and who shall not1 when elected1 be an inhabitant of that state from which he shall be chosen4#c #a ,this was also the age for eligibility to the ,roman ,senate4 ,it is five years more than the requirement for membership in the ,house4 #b ,two years of citizenship more than required of a representative4 ,as the ,senate acts with the president in making treaties1 this requirement seems none too great4 #c ,the propriety of this is self-evident4 7,i4 #b3 #b47 ,clause #d4--,presiding ,officer4 ,the vice-president of the ,united ,states shall be president of the ,senate1#a but shall have no vote1#b unless they be equally divided4#c #a ,this arrangement was made for three reasons3 ,first4 ,it would give the vice-president something to do4 ,second4 ,partaking in the executive business of the ,senate would give the vice-president excellent training for the duties of the presidency1 in case he should be called thereto4 ,third4 ,the equality of power among the states would remain undisturbed4 ,had it been arranged that the ,senate should choose its own presiding officer from among its members1 one state might thereby gain 7or lose7 power in the ,senate4 #b ,because he is not a member of the ,senate4 ,for this reason1 also1 he cannot take part in debates1 nor can he appoint committees4 ,these are elected by the ,senate itself4 #c ,but for his casting vote2 a dead-lock might occur on some important question4 ,this might give rise to dangerous feuds1 or intrigues1 and create state or national agitations4 ,clause #e4--,other ,officers4 ,the ,senate shall choose their other officers1#a and also a president pro tempore1#b in the absence of the vice-president1 or when he shall exercise the office of president of the ,united ,states4 #a ,these are similar to those of the ,house4 7,see p4 #aca47 #b ,the president pro tempore is chosen from among the senators4 ,being a senator1 he can debate and vote upon any question4 ,he cannot1 of course1 give a casting vote1 because that would virtually give him two votes4 ,the president pro tempore serves during the pleasure of the ,senate1 or until the expiration of his senatorial term4 ,it is the general practice for the vice-president to vacate his chair at the beginning of the session1 to permit the ,senate to chose a president pro tempore1 so that if during vacation the vice-president should become president1 the ,senate might not be without a presiding officer4 ,until recently this was quite important1 for the president pro tempore of the ,senate was next to the vice-president in the succession to the presidency4 ,but the succession has been changed4 7,see p4 #aij47 ,clause #f4--;,impeachment4 ,the ,senate shall have the sole power to try all impeachments4#a ,when sitting for that purpose1 they shall be on oath or affirmation4#b ,when the president of the ,united ,states is tried1 the chief ,justice shall preside2#c and no person shall be convicted without the concurrence of two-thirds of the members present4#d ,judgement in cases of impeachment shall not extend further than to removal from office1 and disqualification to hold and enjoy any office of honor1 trust or profit1 under the ,united ,sates2#e but the party convicted shall1 nevertheless1 be liable and subject to indictment1 trial1 judgment and punishment1 according to law4#f #a ,for the mode of conducting impeachments1 see pages #aca and #cca4 ,to have impeachments tried by a court of law would be unwise for several reasons3 ,in the first place1 judges should be kept free from political contests1 in order that they may retain the proper judicial frame of mind4 ,in the second place1 judges are appointed by the executive1 who may be the one impeached4 ,lastly1 a judge is himself subject to impeachment4 #b ,to enhance the solemnity of the occasion4 ,the ,british ,house of ,lords when sitting as a high court of impeachment is not under oath4 ,but courts usually are4 #c ,the vice-president1 having interest in the result1 would be disqualified4 ,the chief justice1 from the dignity of his station and his great experience in law1 seems the fittest person to preside on such a grave occasion4 ,except in this single instance1 however1 the vice-president presides in trials on impeachment4 #d ,in an ordinary court1 the verdict of the jury must be unanimous4 ,to require similar agreement in this case would be to make it next to impossible ever to convict4 ,to allow a bare majority to convict would be to place too little protection over a public officer4 #e ,but for this provision abuses of power might occur in times of political excitement and strife4 ,the question which the ,senate settles is simply whether1 in view of the evidence1 the accused is or is not worthy to hold public office4 #f ,this provision was inserted to prevent an official who had been deposed for crime from pleading the principle that ,no one can be twice tried and punished for the same offense4 ,,written ,,exercise4 ,,comparative ,,tabulation4 ,,points ,,considered4 ,,house ,,of ,r4 ,,senate ,number444444444444444444444444444444444 44444444444444 ,age ,qualifications444444,citizenship4444444 444444444444444 ,inhabitancy ,election4444444444444444444444444444444 44444444444444 ,term44444444444444444444444444444444444 44444444444444 ,vacancy44444444444444444444444444444444 44444444444444 ,presiding ,officer ,title44444444444444444444444444444 ,how ,chosen444444444444444444444444 ,sole ,powers444444444444444444444444444444444 444444444 ,debate4 ,resolved1 ,that ,united ,states ,senators should be elected by the people4 ,pertinent ,questions4 ,name the present senators from this state4 ,when were they elected8 ,were they elected to fill a vacancy or for a full term8 ,how many times has each been elected8 ,how many more senators has ,new ,york that ,rhode ,island8 ,how many members in the present ,senate8 ,how many in each class8 ,when the next state is admitted1 in what classes will its senators be placed8 ,how will the class of each be decided8 ,why not have senators chosen for life8 ,if one of our senators should resign today1 to whom would the resignation be addressed8 ,how would the vacancy be filled8 ,how long would the appointee serve8 ,could the governor appoint himself8 ,how long at least must an alien live in the ,united ,states before being eligible to the ,senate8 ,has anyone ever been refused admission1 after being duly elected1 on account of shortness of citizenship8 ,who is now vice-president8 ,who is president pro tempore of the ,senate8 ,why is it not correct under any circumstances to speak of the president pro tempore as vice-president8 ,has the vice-president's vote ever helped to carry any measures of great importance8 ,if every senator be present1 what number of senators would it take to convict8 ,does the accused continue to perform his official duties during the trial8 ,was ,president ,johnson impeached8 ,is there any appeal from the ,senate's verdict8 ,how do senators vote in cases of impeachment8 ,how is judgment pronounced8 ,what punishments follow conviction on impeachment in other countries8 ,what is treason8 ,bribery8 ,what are crimes8 ,high crimes8 ,misdemeanors8 ,how is an impeachment trial conducted8 7,see appendix47 ,,section ,,iv4--,,elections ,,and ,,meetings4 ,clause #a4--;,elections to ,congress4 ,the times1 places and manner of holding elections for senators and representatives1 shall be prescribed in each state by the legislature thereof3 but the congress may at any time1 by law1 make or alter such regulations1#a except as to the place of choosing senators4#b #a ,until #ahdb these matters were left entirely with the several states4 ,congress then provided that representatives should be elected by districts of contiguous territory1 equal to the number of representatives4 ,it has since provided that elections for representatives shall be by ballot1 and that the election shall be on the first ,tuesday after the first ,monday of ,november in the even numbered years4 ,the time and mode of electing senators are given on page #ccc4 #b ,this would in effect be giving congress power to locate the capital of a state4 ,clause #b4--,meetings4 ,the congress shall assemble at least once in every year1 and such meeting shall be on the first ,monday in ,december1 unless they shall by law appoint a different day4 ,they have not by law appointed a different day4 ,annual meetings of the legislature have long been deemed1 both in ,england and ,america1 a great security to liberty and justice4 ,by making provision in the constitution for annual meetings1 the duty could not be evaded4 ,extra sessions of congress may be called at any time by the president or be provided by law4 ,there used to be three sessions1 one beginning ,march #d4 ,the place of meeting is not named1 because the capital had not been located1 and in some cases it might be desirable to hold the session elsewhere4 ,,section ,v4 ,,separate ,,powers ,,and ,,duties4 ,clause #a4 ,membership3 ,quorum4 ,each house shall be the judge of the elections1 returns and qualifications of its own members1#a and a majority of each shall constitute a quorum to do business2#b but a smaller number may adjourn from day to day1 and may be authorized to compel the attendance of absent members1 in such manner1 and under such penalties1 as each house may provide4#c #a ,this means simply that each house has the power to determine who are entitled to membership in it4 ,this has long been recognized in free countries as a right belonging to a legislative body1 necessary to the maintenance of its independence and purity--even its existence4 ,but when the parties are nearly balanced1 the majority is tempted to seat its fellow-partizan4 #a ,this is the number usually established as a quorum for a deliberative body4 ,certainly no smaller number should have a right to transact business1 for that would give too much power to an active minority4 ,and to require more than a majority1 would make it possible for a minority to prevent legislation4 #c ,under the rules no member has a right to be absent from a session unless excused or sick4 ,unexcused absentees1 unless sick1 may be arrested and brought to the capitol by the sergeant-at-arms or a special messenger4 ,when fewer than fifteen members are present1 they usually adjourn4 ,clause #b4--;,discipline4 ,each house may determine the rules of its proceedings1#a punish its members for disorderly behavior1 and with the concurrence of two-thirds1 expel a member4#b #a ,the rules are intended to facilitate business1 by preventing confusion and unnecessary delay4 ,they are designed also to check undue haste4 ,the rules of each house are based upon the ,english parliamentary practice1 as are the rules of all legislative or deliberative bodies wherever the ,english language is spoken4 7,see ,manuals of ,senate and ,house47 #b ,it seems unlikely that even in times of great excitement two-thirds of either house would favor expulsion unless it were deserved4 ,this is also1 it will be observed1 the number necessary to convict in case of impeachment4 ,clause #c4--,publicity4 ,each house shall keep a journal of its proceedings1 and1 from time to time1 publish the same1#a excepting such parts as may1 in their judgment1 require secrecy2#b and the yeas and nays#c of the members of either house1 shall at the desire of one-fifth of those present1 be entered on the journal4#d #a ,this is to give publicity to the proceedings of congress1 for the benefit of both legislators and constituents4 ,this provision is a valuable one1 in spite of the fact that demagogues are sometimes able thereby to gain cheap glory4 ,to give still further publicity to the proceedings1 spectators and newspaper reporters are admitted to the gallery of each house1 and members may have their speeches printed and distributed4 #b ,the ,house of ,representatives rarely has a secret session4 ,but the ,senate still keeps its executive sessions secret4 #c ,for methods of voting see page #cad4 #d ,the purpose of this provision is to make members careful how they vote1 for the record is preserved4 ,it will be noticed that the number necessary to secure the record is small4 ,while this provision is intended to protect the minority1 by enabling them to impose responsibility upon the majority1 it is open to abuse4 ,it is sometimes used by a minority to delay unnecessarily the proper transaction of business4 7,for a graphic account of filibustering1 see ,among the ,law ,makers1 #afe-agc47 ,clause #d--;,adjournment4 ,neither house1 during the session of congress1 shall without the consent of the other1 adjourn for more than three days1 nor to any other place than that in which the two houses shall be sitting4 ,the purpose of this provision is evident4 ,the sessions of congress may end in any one of three ways3 #a4 ,the terms of representatives may end4 #b4 ,the houses may agree to adjourn4 ,illustration3 ,,senate ,,chamber ,illustration3 ,,house ,,of ,,representatives ,illustration3 ,,state1 ,,war ,,and ,,navy ,,departments4 ,illustration3 ,,interior ,,department #c4 ,in case of disagreement between the houses as to the time of adjournment1 the president may adjourn them4 7,this contingency has never yet arisen1 however47 ,,section ,,vi4 ,,members4 ,clause #a4--,privileges4 ,the senators and representatives shall receive a compensation for the services1#a to be ascertained by law1#b and paid out of the treasury of the ,united ,states4#c ,they shall in all cases except treason1#d felony1#d and breach of the peace1 be privileged from arrest during their attendance at the session of their respective houses1 and in going to and returning from the same2#e and for any speech or debate in either house1 they shall not be questioned in any other place4#f #a ,see discussion in connection with state legislature1 p4 #he4 #b ,the salary of congressmen is1 therefore1 fixed by themselves1 subject only to the approval of the president4 ,it is now #ejjj a year1 and mileage4 ,the speaker receives #hjjj a year and mileage4 ,the president pro tempore of the ,senate receives the same while serving as president of the ,senate4 #c ,they are serving the ,united ,states4 #d ,defined on pages #aeh and #baa4 #e ,so that their constituents may not for frivolous or sinister reasons be deprived of representation4 #f ,that is1 he cannot be sued for slander in a court of justice1 but he can be checked by his house1 if necessary1 and the offensive matter omitted from the ,record4 ,the purpose of this provision is not to shield cowards in speaking ill of persons who do not deserve reproach1 but to protect right-minded members in exposing iniquity1 no matter how the doers of it may be intrenched in wealth or power4 ,clause #b4--,restrictions4 ,no senator or representative shall1 during the time for which he was elected1 be appointed to any civil office under the authority of the ,united ,states1 which shall have been created1 or the emoluments whereof shall have been increased during such time2#a and no person holding any office under the ,united ,states shall be a member of either house during his continuance in office4#b #a ,the obvious purpose of this provision is to remove from members of congress the temptation to create offices with large salaries for their own benefit1 or to increase for a similar reason the salaries of offices already existing4 ,it was designed also to secure congress from undue influence on the part of the president4 ,the wisdom of the provision has1 however1 been seriously questioned4 ,as there is a degree of depravity in mankind1 which requires a certain degree of circumspection and distrust1 so there are other qualities in human nature1 which justify a certain portion of esteem and confidence4 ,republican government presupposes the existence of these qualities in a higher form1 than any other4 ,it might well be deemed harsh to disqualify an individual from any office1 clearly required by the exigencies of the country1 simply because he had done his duty4444 ,the chances of receiving an appointment to a new office are not so many1 or so enticing1 as to bewilder many minds2 and if they are1 the aberrations from duty are so easily traced1 that they rarely1 if ever1 escape the public reproaches4 ,and if influence is to be exerted by the executive1 for improper purposes1 it will be quite as easy1 and its operation less seen1 and less suspected1 to give the stipulated patronage in another form4 ,footnote3 ,judge ,story4 #b ,this was to obviate state jealousy1 to allay the fears entertained by some that the general government would obtain undue influence in the national councils4 ,,tabular ,,view4 ,each pupil may make out a tabulation1 giving briefly the facts called for in this outline3 ,i4 ,,congressional ,,elections1 ,,how ,,regulated4 ,,ii4 ,,sessions ,,of ,,congress-- #a4 ,frequency4 #b4 ,time of beginning4 ,,iii4 ,,powers ,,and ,,duties ,,of ,,each ,,house-- #a4 ,membership4 #b4 ,quorum4 #c4 ,discipline4 #d4 ,publicity4 #e4 ,adjournment4 ,,iv4 ,,members ,,of ,,congress-- #a4 ,privileges4 #b4 ,restrictions4 ,debate4 ,resolved1 ,that members of the cabinet should have seats in congress ex officio4 ,pertinent ,questions4 ,why not leave the power to regulate congressional elections unreservedly with the states8 ,where are the ,united ,states senators from this state elected8 ,how are ,united ,states senators elected8 ,see appendix4 ,is congress now in session8 ,will the next session be the long or the short one8 ,when1 within your recollection1 was there an extra session of congress8 ,could the president convene one house without the other8 ,which is the longest session of congress on record8 ,does congress meet too often8 ,where does congress now meet8 ,is that the best place8 ,at what different places has congress met since the adoption of the constitution8 ,if two persons should claim the same seat in the ,house of ,representatives1 who would decide between them8 ,how would the contest be carried on8 7,see page #ccj47 ,has there ever been a contested election from this state8 ,what number of representatives is the least that could transact business8 ,the least number of senators8 ,the least number of representatives that could possibly pass a bill8 ,of senators8 ,what is done if at any time during the proceedings it is found that there is no quorum present8 ,has a member ever been expelled from either house8 ,may either house punish for disorder persons who are not members8 ,can either house temporarily set aside all of its rules8 ,did you ever see a copy of the ,congressional ,record8 ,if congress be now in session1 make a weekly report of its proceedings4 ,how could you see congress in session8 ,could you be a spectator at a committee meeting8 ,how could you witness an executive session of the ,senate8 ,can a member be punished for an offense committed before he was elected8 ,how is voting usually done in a deliberative assembly8 ,how in ,congress8 ,how are territories represented in congress8 ,distinguish between the capital and the capitol of the ,united ,states4 ,who has power to locate the capital of the ,united ,states8 ,has the salary of congressmen ever been more than #ejjj a year8 ,how were congressmen paid under the confederation8 ,what is meant by the ,house resolving itself into a committee of the whole8 ,when does the freedom from arrest of a member of congress begin8 ,when does it end8 ,could a summons be served upon him during that time8 ,what is slander8 ,libel8 ,is a member of congress liable for the publication of his speech in the ,congressional ,record8 ,would he be responsible if he should have it published in any other than the official way8 ,can a member of congress resign to accept an office already in existence1 and whose emoluments have not been increased during his term8 ,give examples4 ,if a ,united ,states officer be elected to congress1 how long can he retain his office8 ,could a member of congress be appointed to a military office created during his term8 ,can a member be appointed after his term is out to an office created during his term8 ,is a member of congress an officer of the ,united ,states8 ,,section ,,vii4--,,law ,,making4 ,clause #a4--,revenue ,bills4 ,all bills for raising revenue#a shall originate in the ,house of ,representatives2#b but the ,senate may propose or concur with amendments1 as on other bills4#c #a ,that is1 bills in relation to the levying of taxes or for bringing money into the treasury in any other way4 #b ,because the representatives are nearer to the people1 who must pay the taxes1 and can therefore be more readily held to account4 #c ,such bills in ,england originate in the ,house of ,commons1 and the ,house of ,lords has no power of amendment4 ,the purpose of giving the ,senate power to amend is to preserve the due influence of the small states in this important matter4 ,clause #b4--,mode of ,making ,laws4 ,every bill which shall have passed the ,house of ,representatives and the ,senate1#a shall1 before it becomes a law1 be presented to the president of the ,united ,states2#b if he approve1 he shall sign it2 but if not1 he shall return it1 with his objections1 to that house in which it shall have originated1 who shall enter the objections at large on their journal1 and proceed to reconsider it4 ,if1 after such reconsideration1 two-thirds of that house shall agree to pass the bill1 it shall be sent1 together with the objections1 to the other house1 by which it shall likewise be considered1 and1 if approved by two-thirds of that house1 it shall become a law4#c ,but in all such cases the votes of both houses shall be determined by yeas and nays1 and the names of the persons voting for and against the bill shall be entered on the journal of each house1 respectively4#d ,if any bill shall not he returned by the president within ten days 7,sundays excepted7 after it shall have been presented to him1 the same shall he a law1 in like manner as if he had signed it1#e unless the congress1 by their adjournment1 prevent its return1 in which case it shall not be a law4#f #a ,or the ,senate and ,house of ,representatives1 since any bills except those for raising revenue may originate in either house4 #b ,the two great purposes of giving the president a negative upon legislative acts1 are to protect the proper authority of the executive from the encroachments of the congress1 and to interpose a stay on hasty legislation4 #c ,the veto of the ,roman ,tribune was final1 as is that of almost every ,european sovereign today4 ,but no ,british king or queen has vetoed an act of ,parliament in the last hundred and eighty years4 ,in ,norway1 if a bill1 vetoed by the king1 passes three successive ,storthings1 it becomes a law4 #d ,to secure a permanent record for future reference4 ,this helps to render members careful how they vote4 #e ,this gives due time for consideration1 but prevents the president's killing a bill by ignoring or neglecting it4 #f ,thus congress 7which has the very human failing of putting off or postponing7 cannot break down the veto power of the president1 by pouring an avalanche of bills upon him within the last few days of the session4 ,but the president can easily kill any bill which he does not like1 if it is presented within ten days of the adjournment of congress1 simply by keeping it4 ,this is called pocketing a bill1 or the pocket veto4 ,clause #c4--;,joint ,resolutions4 ,every order1 resolution1 or vote to which the concurrence of the ,senate and ,house of ,representatives may be necessary 7except on a question of adjournment71 shall be presented to the president of the ,united ,states2 and before the same shall take effect1 shall be approved by him1 or1 being disapproved by him1 shall be repassed by two-thirds of the ,senate and ,house of ,representatives1 according to the rules and limitations prescribed in the case of a bill4 ,the purpose of this provision is to prevent congress from passing a law under some other name4 ,the resolution to adjourn is excepted1 because1 as we have seen1 the time for adjournment is generally a matter of agreement between the houses4 ,a resolution passed by the two houses1 but not intended to have the force of law1 such as an agreement to do something1 is called a concurrent resolution1 and does not require the president's signature4 ,pertinent ,questions4 ,what is a bill8 ,what is meant by entering the objections at large8 ,why is there no committee of ways and means in the ,senate8 ,how many members in each house does it take for the first passage of a bill8 ,how many after the president's veto8 ,does the expression two-thirds refer to the entire number in a house1 or to the number voting8 ,state three ways in which a bill may become a law4 ,five ways in which it may fail4 ,during what time has the president the equivalent of an absolute veto8 ,does a resolution merely expressing an opinion of either or both houses need the president's signature8 ,does a resolution proposing an amendment to the constitution8 ,is the president bound to enforce a law passed over his veto8 ,a ,summary4 ,we have now completed the review of the structure and organization of the legislative department2 and it has been shown that it is admirably adapted for a wholesome and upright exercise of the powers confided to it4 ,all the checks which human ingenuity has been able to devise1 or at least all which1 with reference to our habits1 our institutions1 and our diversities of local interests1 to give perfect operation to the machinery1 to adjust its movements1 to prevent its eccentricities1 and to balance its forces3 all these have been introduced1 with singular skill1 ingenuity and wisdom1 into the arrangements4 ,yet1 after all1 the fabric may fall2 for the work of man is perishable4 ,nay1 it must fall1 if there be not that vital spirit in the people1 which alone can nourish1 sustain and direct all its movements4 ,if ever the day shall arrive1 in which the best talents and the best virtues1 shall be driven from office by intrigue or corruption1 by the denunciations of the press or by the persecution of party factions1 legislation will cease to be national4 ,it will be wise by accident1 and bad by system4 ,footnote3 ,story's ,exposition of the ,constitution of the ,united ,states4 ,review4 ,compare the organization of congress under the constitution with that of congress under the confederation4 ,show the superiority of our present organization4 ,specify some of the checks referred to by ,judge ,story4 ,read ,woodrow ,wilson's ,congressional ,government1 pp4 #dj1 #da1 #eb1 #bai1 #bbh1 #bhc-e1 #caa4 ,also1 ,among the ,lawmakers1 ,chapter #cc4 ,,chapter ,,xxii4 ,,section ,,viii4--,,powers ,,vested ,,in ,,congress4 ,clause #a4--,taxation4 ,congress shall have power3 ,to lay and collect taxes#a1 duties1 imposts and excises1 to pay the debts and provide for the common defense and general welfare of the ,united ,states2#b but all duties1 imposts and excises shall be uniform throughout the ,united ,states4#c ,for discussion of methods of taxation1 see page #caf4 #a ,the want of power in congress to impose taxes was1 perhaps1 the greatest defect of the articles of confederation2 therefore in the constitution this was the first power granted to congress4 #b ,as usually interpreted1 the phrase beginning1 to pay the debts1 is intended to state the purposes for which taxes may be levied4 ,but this limitation is merely theoretical1 for taxes are levied before being expended4 #c ,this is to prevent legislation in favor of any state or section1 as against other states or sections4 ,clause #b4--;,borrowing4 ,to borrow money on the credit of the ,united ,states4 ,it should not be necessary1 ordinarily1 for congress to exercise this power4 ,but in times of war the regular sources of income may not be sufficient1 hence the necessity of this power to provide for extraordinary expenses4 ,it is one of the prerogatives of sovereignty2 it is indispensable to the existence of a nation4 ,for more about national borrowing1 see page #cag4 ,clause #c4--,regulation of ,commerce4 ,to regulate commerce#a with foreign nations1 and among the several states1#b and with the ,indian tribes4#c #a ,the power to regulate commerce implies the power to prescribe rules for traffic and navigation1 and to do such things as are necessary to render them safe4 ,it has been interpreted to cover1 among other things1 the imposition of duties1 the designation of ports of entry1 the removal of obstructions in bays and rivers1 the establishment and maintenance of buoys and lighthouses1 and legislation governing pilotage1 salvage from wrecks1 maritime insurance1 and the privileges of ,american and foreign ships4 #b ,the power to regulate commerce with foreign nations should go hand in hand with that of regulating commerce among the states4 ,this power had1 under the confederation1 been in the hands of the several states4 ,their jealousies and rivalries had led to retaliatory measures upon each other4 ,this condition of affairs was encouraged by other nations1 because they profited by it4 ,at the time of the adoption of the constitution1 business was terribly depressed1 and the bitterness of feeling among the states would probably soon have disrupted the ,union4 ,therefore1 to insure domestic tranquility1 and to promote the general welfare1 the power to regulate commerce was delegated to the general government4 #c ,this control is exercised even when the ,indians live within the boundaries of a state4 ,by placing the power to regulate commerce with ,indians in the hands of the general government it was hoped that uniformity of regulations and the strength of the government would secure peace and safety to the frontier states4 ,clause #d4--,naturalization and ,bankruptcy4 ,to establish a uniform rule of naturalization#a and uniform laws on the subject of bankruptcies#b throughout the ,united ,states4 #a ,naturalization is the process by which an alien becomes a citizen4 ,the mode is given on page #cai4 #b ,a bankrupt is one who has been declared by a court to be owing more than he can pay4 ,the purposes of a bankrupt law are3 #a4 ,to secure an equitable distribution of all the debtor's property among the creditors4 #b4 ,to secure to the debtor a complete discharge from the indebtedness4 ,clause #e4--;,coinage and ,measures4 ,to coin money1#a regulate the value thereof#b and of foreign coin1#c and fix the standard of weights and measures4#d #a ,this is another sovereign power1 and cannot be exercised by states1 counties or cities4 ,coinage by the ,united ,states secures uniformity in value1 and thereby facilitates business4 ,to coin money is simply to stamp upon a precious metal the value of the given piece4 ,footnote3 ,when metals were first used as money1 they were weighed and their purity was determined by testing4 ,this invited fraud4 ,for convenience in business transactions1 these are coined of certain sizes4 ,to discourage the mutilation of coins for sinister purposes1 they are milled on the edges1 and the stamp covers each face so that the metal could hardly be cut off without the coin showing defacement4 #b ,the value is shown by the stamp4 #c ,otherwise1 foreign coin would become an article of commerce1 and it would be more difficult to regulate the value of domestic coin4 #d ,this power congress has never exercised4 ,but see ,johnson's ,cyclopedia1 article ,gallon4 ,clause #f4--,punishment of ,counterfeiting4 ,to provide for the punishment of counterfeiting the securities and current coin of the ,united ,states4 ,this is an indispensable appendage of the power granted in the preceding clause1 that of coining money4 ,to discourage counterfeiting1 the securities are engraved with rare skill and upon peculiar paper4 ,the penalties for counterfeiting are printed on the back of some of the greenbacks4 ,under securities are included bonds1 coupons1 national currency1 greenbacks1 revenue and postage stamps1 and all other representatives of value issued under any act of congress4 ,clause #g4--,postoffices4 ,to establish postoffices#a and post roads4#b #a ,the beneficence and usefulness of the postoffice every one can appreciate2 it ministers to the comfort of all1 rich and poor4 ,placing the management of the postoffices with the general government secures greater efficiency and economy than would be possible if it were vested in the states4 #b ,congress generally uses roads already in existence4 ,these are regularly selected1 however1 and declared to be post roads before they are used as such4 ,the road may be a waterway4 ,but under authority of this clause congress has established some post roads4 ,the principal highway thus established was the ,cumberland road from the ,potomac to the ,ohio4 ,the ,union ,pacific and ,central ,pacific railways were built under the authority and with the assistance of the ,united ,states as post and military roads4 ,clause #h4--;,copyrights and ,patents4 ,to promote the progress of science and useful arts1 by securing1 for limited times1 to authors and inventors1 the exclusive right to their respective writings and discoveries4 ,no one denies that an author or inventor is entitled to a fair reward for what he has done4 ,but if every one were at liberty to print the book or to make the article invented1 the due reward might not be received4 ,the wisdom of granting this power to the general government becomes apparent when we consider how poorly the end might be secured if the matter were left to the states4 ,a person might secure a patent in one state and be entirely unprotected in the rest4 ,for further information upon this subject1 see pages #cah-ai4 ,clause #i4--,united ,states ,courts4 ,to constitute tribunals inferior to the ,supreme ,court4 ,under this provision1 congress has thus far constituted the following3 #a4 ,united ,states ,circuit ,courts of ,appeal1 one in each of the nine judicial circuits of the ,united ,states4 #b4 ,united ,states ,circuit ,courts1 holding at least one session annually in each state4 #c4 ,united ,states ,district ,courts1 from one to three in each state4 ,see pages #cjg-i4 #d4 ,a ,united ,states ,court of ,claims1 to hear claims against the government4 ,such claims were formerly examined by congress4 ,although not strictly ,united ,states ,courts1 the following may also be mentioned here1 because they were established under authority of this clause3 #a4 ,the ,supreme ,court of the ,district of ,columbia4 #b4 ,a ,supreme ,court and ,district ,courts in each territory4 ,constituting these courts involves establishing them1 designating the number1 appointment1 and salaries of the judges1 and the powers of each court4 ,the term of ,united ,states judges is during good behavior4 ,this is fixed by the constitution 7,art4 ,,iii41 section #a74 ,the term of a territorial judge is four years4 ,clause #aj4--;,crimes at ,sea4 ,to define and punish piracies#a and felonies#b committed on the high seas#c and offenses against the law of nations4#d #a ,piracy is robbery at sea1 performed not by an individual but by a ship's crew4 ,pirates are outlaws1 and may be put to death by any nation capturing them4 #b ,a felony is any crime punishable by death or state prison4 ,felony covers murder1 arson1 larceny1 burglary1 etc4 ,but congress may define piracy and felony to cover more or fewer crimes4 #c ,the high seas are the waters of the ocean beyond low water mark4 ,low water mark is the limit of jurisdiction of a state1 but the jurisdiction of the ,united ,states extends three miles further into the ocean1 and includes all bays and gulfs4 ,beyond the three-mile limit1 the ocean is common ground1 belonging not to one nation but to all4 ,each nation has jurisdiction1 however1 over its merchant ships on the high seas1 but not in a foreign port1 and over its war ships everywhere4 #d ,for an outline of the ,law of ,nations1 see page #cdf4 ,cases arising under this clause have been placed in the jurisdiction of the ,united ,states ,district ,courts4 ,clause #aa4--;,declaration of ,war4 ,to declare war1#a grant letters of marque and reprisal#b and make rules concerning captures on land and water4#c #a3 ,a declaration of war is a solemn notice to the world that hostilities actually exist or are about to commence4 ,the power to declare war is one of the attributes of sovereignty4 ,if this power were in the hands of the several states1 any one of them could at any time involve the whole country in the calamities of war1 against the wishes of all the other states4 ,with all their fear of the general government1 shown in the character of the articles of confederation1 the people in framing that instrument saw the necessity of vesting this power in the general government4 ,in monarchies1 the power to declare war is generally vested in the executive4 ,but in a republic1 it would be dangerous to the interests and even the liberties of the people1 to entrust this power to the president4 ,to put the thought in other words1 the power to declare war belongs to the sovereign3 in this country1 the people are sovereign1 therefore the power to declare war belongs to the people1 and they act through their representative body1 congress4 7,see pages #cea-d47 #b ,these are commissions granted to private persons usually in time of war1 authorizing the bearer to pass beyond the boundaries of his own country for the purpose of seizing the property of an enemy4 ,sometimes such a letter is granted in times of peace1 to redress a grievance to a private citizen1 which the offending nation refuses to redress4 ,by authority of such a commission1 the injured individual may seize property to the value of his injury from the subjects of the nation so refusing4 ,but this practice is properly becoming rare4 #c ,vessels acting under letters of marque and reprisal are called privateers1 and the captured vessels are called prizes4 ,prizes are usually sold under authority of the ,united ,states ,district ,court1 and the proceeds divided among the crew of the ship making the capture4 ,the proceeds of captures on land belong to the government4 ,clause #ab4--,maintenance of ,armies4 ,to raise and support armies2#a but no appropriation of money to that use shall be for a longer term than two years4#b #a ,this is another sovereign power1 and would seem the necessary accompaniment of the power to declare war4 ,under the confederation1 however1 congress could only designate the quota of men which each state ought to raise1 and the actual enlistment of men was done by the several states4 ,their experience in carrying on the ,revolutionary ,war on that basis satisfied them that efficiency and economy would both be secured by vesting this power in the general government4 #b ,but to prevent misuse of the power1 this proviso was inserted4 ,as representatives are elected every two years1 the people can promptly check any attempt to maintain an unnecessarily large army in times of peace4 ,a standing army is dangerous to liberty1 because it is commanded by the executive1 to whom it yields unquestioning obedience4 ,armies obey commands1 while citizens comply with laws4 ,and thus a large standing army creates a caste1 out of sympathy with the lives of citizens4 ,more than one republic has been overthrown by a successful military leader1 supported by a devoted army4 ,as a matter of fact1 congress makes the appropriation annually4 ,clause #ac4--,the ,navy4 ,to provide and maintain a navy4 ,the navy is necessary to protect fisheries and commerce4 ,and in times of war the navy is needed to protect our sea coast1 to transport soldiers1 to cripple the enemy's resources1 and to render blockades effectual4 ,it will be noticed that there is no limitation upon appropriations for the navy4 ,this is for two general reasons3 ,first1 there is nothing to fear from a navy4 ,no nation was ever deprived of its liberty by its navy4 ,second1 it takes time to provide a navy1 and it should therefore be kept at all times in a state of efficiency4 ,for further information about the army and navy1 see page #cji4 ,clause #ad4--;,army and ,navy ,regulations4 ,to make rules for the government and regulation of the land and naval forces4 ,this is an incident to the preceding powers4 ,the army and navy regulations prescribe duties of officers1 soldiers and seamen1 and provide for the organization and management of courts martial4 ,disobedience to orders and insubordination are crimes in a soldier or sailor2 and refusal to pay just debts or any other conduct unbecoming to a gentleman1 are punishable offenses in an officer4 ,thus it is seen that military law takes cognizance of offenses not usually noticed by civil law4 ,clause #ae4--,the ,militia4 ,to provide for calling forth the militia#a to execute the laws of the ,union1 suppress insurrections and repel invasions4#b #a ,congress has declared the militia to be all citizens and those who have declared their intention to become such1 between the ages of eighteen and forty-five4 ,these constitute what is called the unorganized militia4 ,the military companies and regiments formed by authority of ,united ,states and state laws constitute the organized militia4 ,one of two policies we must pursue1 either to maintain a large standing army or to depend upon the citizen-soldiers to meet emergencies4 ,for several reasons1 we prefer the latter4 ,that our citizen-soldier may be depended upon has been demonstrated on many a battlefield4 #b ,the clause specifies the purposes for which the militia may be called out4 ,these are three in number4 ,each state may for similar purposes call forth its own militia4 ,under the laws of congress1 the president is authorized in certain emergencies to issue the call4 ,this he directs to the governors of states1 and those called on are bound to furnish the troops required4 ,on three occasions only have the militia been called out under this clause3 ,in the ,whisky ,rebellion of #agid1 to enforce the laws2 in the war of #ahab1 to repel invasion2 and in the ,civil ,war1 to suppress insurrection4 ,clause #af4--,organization of the ,militia4 ,to provide for organizing1 arming1 and disciplining the militia1 and for governing such part of them as may be employed in the service of the ,united ,states1#a reserving to the states respectively1 the appointment of the officers1 and the authority of training the militia according to the discipline prescribed by congress4#b #a ,thus only can the uniformity so essential to efficiency be secured4 #b ,this is designed as a proper recognition of the right of each state to have militia companies and to control them1 subject only to the necessary limitation mentioned4 ,the militia of a state consists of one or more regiments1 with the proper regimental and company officers appointed by state authority4 ,when these are mustered into the service of the ,united ,states and are formed into brigades and divisions1 the appointment of the general officers is vested in the president4 ,clause #ag4--;,exclusive ,legislation4 ,to exercise exclusive legislation in all cases whatsoever1 over such district 7not exceeding ten miles square7 as may1 by the cession of particular states1 and the acceptance of congress1 become the seat of government of the ,united ,states1#a and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be1 for the erection of forts1 magazines1 arsenals1 dock yards1 and other needful buildings4#b #a ,this refers to the territory afterwards selected1 and now known as the ,district of ,columbia4 ,the purpose of this provision is to free the general government from having to depend upon the protection of any state1 and to enable it to secure the public buildings and archives from injury and itself from insult4 ,footnote3 ,the ,continental ,congress1 while the capital was at ,philadelphia1 had to adjourn to ,princeton to escape the violence of some dissatisfied soldiers4 ,see ,fiske's ,critical ,period of ,american ,history1 page #aab4 ,congress governed the ,district of ,columbia directly until #ahga1 when for three years the experiment was tried of governing it as a territory4 ,the territorial government in that time ran in debt over #bj1jjj1jjj for public improvements1 and congress abolished it4 ,the supervision of the district is now in the hands of three commissioners1 appointed by the president1 but controlled by congressional legislation4 #b ,the propriety of the general government having exclusive authority over such places is too obvious to need comment4 ,crimes committed there are tried in the ,united ,states ,district ,courts1 but according to the laws of the state or territory4 ,the state in making the cession usually reserves the right to serve civil and criminal writs upon persons found within the ceded territory1 in order that such places may not become asylums for fugitives from justice4 ,clause #ah4--;,implied ,powers4 ,to make all laws which shall be necessary and proper for carrying into execution the foregoing powers1 and all other powers vested by this constitution in the government of the ,united ,states1 or in any department or officer thereof4 ,this clause does not grant any new power4 ,it is merely a declaration1 to remove all uncertainty1 that every power is to be so interpreted1 as to include suitable means to carry it into execution4 ,footnote3 ,story4 ,it will be noticed that the powers of congress are enumerated1 not defined1 in the constitution2 and the above clause has given rise to the doctrine of implied powers1 the basis of many political controversies4 ,following are samples of implied powers3 ,by clause #b1 congress has power to borrow money on the credit of the ,united ,states4 ,implied in this1 is the power to issue securities or evidences of debt1 such as treasury notes4 ,to increase the credit of the ,united ,states1 congress may make such evidences of debt a legal tender for debts1 public and private4 ,footnote3 ,lalor's ,cylopedia of ,political ,science4 ,congress has power 7clause #aa7 to declare war4 ,by implication it has power to prosecute the war by all the legitimate methods known to international law4 ,to that end1 it may confiscate the property of public enemies1 foreign or domestic2 it may confiscate1 therefore1 their slaves4 7,see ,emancipation ,proclamation1 page #cfb4 ,for a hint of what congress might do1 see ,among the ,lawmakers1 p4 #bif47 ,pertinent ,questions4 #a4 ,in what two ways may the first part of the first clause be interpreted8 ,in what ways does the government levy taxes8 ,how much of the money paid to the local treasurer goes to the ,united ,states8 ,have you ever paid a ,u4,s4 tax8 ,did you ever buy a pound of nails8 ,do you remember the stamps that used to be on match boxes8 ,how came they there8 ,was that a direct or an indirect tax8 ,a man who pays for a glass of beer or whisky pays a ,u4,s4 tax4 ,how8 ,every time a person buys a cigar he pays a ,u4,s4 tax4 ,if there be a cigar factory within reach1 talk with the proprietor about this matter4 ,look at a cigar box and a beer keg to find some evidence of the tax paid4 ,name some things which were taxed a few years ago but are not now4 ,what is a custom house8 ,a port of entry8 ,what are they for8 ,name the port of entry nearest to you4 ,what is the present income of the ,united ,states from all kinds of taxation8 ,what is done with the money8 ,look up the derivation of the word tariff4 #b4 ,how does the government borrow8 ,does the government owe you any money8 ,if you have a greenback1 read its face4 ,if the government is unable or unwilling to pay a creditor1 what can he do8 ,what is the credit of the ,united ,states8 ,how much does the ,united ,states government owe1 and in what form is the debt8 ,how came it to be so large8 ,is the government paying it up8 ,how much has been paid this fiscal year8 ,what rate of interest has the government to pay8 ,what is the current rate for private borrowers8 ,how is it that the government can borrow at so low a rate8 ,what is a bond-call1 and how is it made8 #c4 ,has congress power to prohibit commerce with one or more foreign nations8 ,has it power to regulate commerce carried on wholly within a state8 ,can you buy lands from the ,indians8 ,can the state8 ,has congress imposed a tariff to be paid in going from one state to another8 ,what has requiring the engineer of a steamboat to secure a government license to do with regulating commerce8 ,when did congress under this clause prohibit ,american merchant ships from leaving port8 ,under what provision of the constitution does congress impose restrictions upon the railroads8 ,does congress exercise any control over railroads lying wholly within one state8 ,why8 #d4 ,how can an alien become naturalized8 ,who are citizens of the ,united ,states8 7,see ,amend4 ,,xiv47 ,is a child of ,american parents1 born during a temporary absence from this country1 a citizen or an alien8 ,an alien living in this country has children born here2 are they citizens or aliens8 ,a child is born on the ocean1 while its parents are on the way here to found a new home and intending to become citizens2 what is the status of the child8 ,are you a citizen8 ,how may female aliens become citizens8 ,why should they desire to do so8 ,how did citizens of ,texas at the time of its admission become citizens of the ,united ,states8 ,what is an insolvent law8 ,has this state such a law8 ,can this state pass a bankrupt law8 ,can any state8 ,why8 ,is there any ,united ,states bankrupt law8 ,has congress ever passed such a law8 #e4 ,what is money8 ,is a bank bill money8 ,read one and see whether it pretends to be4 ,what gold coins have you ever seen8 ,what others have you heard of8 ,what silver coins have you ever seen8 ,what others have you heard of8 ,what other coins have you seen or heard of8 ,how are coins made8 ,where is the ,united ,states mint located8 ,where are the branch mints8 ,how much value does the stamp of the government add to a piece of gold8 ,is there a dollar's worth of silver in a silver dollar8 ,why8 7,see ,jevons' ,money and the ,mechanism of ,exchange47 ,how are national banks organized8 7,see appendix47 ,under what constitutional provision does congress exercise this power8 ,are any banks organized under state authority8 ,what is meant by legal tender8 ,are foreign coins legal tender at the rate fixed by congress8 ,for the value of the principal foreign coins1 see appendix4 ,can congress punish counterfeiting of these coins8 ,is there a standard pound in this state8 ,a standard bushel8 #f4 ,look on the back of a greenback for the law about counterfeiting4 ,is there any law against passing counterfeits8 #g4 ,when was our postoffice department established8 ,who was placed at the head of it8 ,who is the postmaster general8 ,what is meant by presidential offices in speaking of postoffices8 ,what are the present rates of postage in the ,united ,states8 ,how much does it cost to send a letter to ,england8 ,to ,prussia8 ,to ,australia8 ,when were postage stamps introduced8 ,stamped envelopes8 ,postal cards8 ,in what four ways may money be sent by mail8 ,explain the workings and advantages of each method4 ,what is the dead letter office8 ,what is meant by the franking privilege8 ,find the rates of postage in the ,united ,states1 in #agie1 #ahae1 #ahde1 #ahej1 #ahfj4 ,does the power to establish post roads1 authorize congress to make internal improvements8 ,what is meant by star route8 #h4 ,is this book copyrighted8 ,name some book that is not copyrighted4 ,what things besides books are copyrighted8 ,can a copyright be sold8 ,how is a copyright secured8 ,how long do copyrights continue in force8 ,how may they be renewed8 ,must new editions be copyrighted8 ,what is a patent8 ,how are letters patent secured8 ,how may an inventor secure time to perfect his invention8 ,how can a patent be sold8 ,may a person1 not the patentee1 make a patented article for his own use8 ,name ten important patented inventions4 ,what is the purpose of the government in granting patents8 ,is this always secured8 ,how does the expiration of a patent affect the price of an invention8 ,if a person invents an article which proves helpful to millions of people1 is it unfair that he should make a fortune out of it8 #i4 ,by what authority does congress organize courts in the territories8 ,could congress establish more than one ,supreme ,court8 ,name the ,united ,states ,district ,judge for this state4 ,the ,united ,states ,attorney4 ,the ,united ,states ,marshal4 ,if you had a claim against the ,united ,states how would you get your money8 #aj4 ,who may punish a pirate8 ,can a pirate claim the protection of the ,american flag8 #aa4 ,has the ,united ,states ever formally declared war8 ,may war begin without a formal declaration8 ,does the president act with congress in declaring war1 as in case of a law8 ,what protection is afforded by letters of marque and reprisal8 ,name some well known privateers4 ,tell about the ,alabama ,claims1 and their settlement4 ,upon what principle of international law did the decision hinge8 ,see page #cec4 #ab4 ,with what other power is that of raising an army intimately connected8 ,that of maintaining an army8 ,how large is the ,united ,states army at the present time8 ,give arguments in favor of the militia system1 as against that of a large standing army4 ,what circumstances favor us in adopting the militia system8 ,what country in ,europe is most like us in this respect8 ,why is this possible in that country8 ,where are most of the officers of the ,u4,s4 army educated8 ,how are appointments to the institution made8 ,by what authority has congress established it8 ,what is a military draft8 ,who has charge of this department of the government8 ,name the four highest officers in the ,u4 ,s4 army4 ,for the organization of the army1 see page #cji4 #ac4 ,name the present secretary of the navy2 the two highest naval officers4 ,where are most of the naval officers educated8 ,how does the navy of the ,united ,states compare with the navies of other great powers8 ,why8 ,for organization of navy1 see appendix4 #ad4 ,what is the difference between military law and martial law8 ,how are these rules made known8 ,what is the source of authority in a military court8 ,in a civil court8 ,is there any liability of a conflict of jurisdiction between these courts8 ,when was flogging abolished in the army8 ,in the navy8 ,what punishments are inflicted by courts martial8 #ae4 ,distinguish between the militia and the regular army4 ,between militia and volunteers4 #af4 ,how many regiments of organized militia in this state8 ,name the principal regimental officers4 ,by whose authority were these appointed8 ,is there any company near you8 ,have you seen them drilling8 ,who prescribed the tactics8 #ag4 ,over what portions of this state has congress this exclusive jurisdiction8 ,give a brief sketch of the ,district of ,columbia4 ,when and by whom was slavery abolished therein8 #ah4 ,why should this be spoken of as the sweeping clause8 ,debate4 ,resolved1 ,that free trade should be the ultimate policy for any country4 ,references4 ,,protection4--,articles in ,cyclopedias2 ,casey's ,social ,science1 ,mc,kean's ,abridgment2 ,greeley's ,political ,economy2 ,byle's ,sophisms of ,free ,trade2 ,elder's ,questions of the ,day2 ,bowen's ,political ,economy4 ,,free ,,trade4--,articles in ,cyclopedias2 ,grosvenor's ,does ,protection ,protect8 ,sumner's ,history of ,protection in ,u4,s42 ,fawcett's ,free ,trade and ,protection2 ,david ,a4 ,wells' ,essays2 ,pamphlets published by the ,free ,trade ,club1 ,n4,y4 ,a very fair statement of both views may be found in ,macvane's ,political ,economy4 ,,section ,,ix4--,,prohibitions ,,on ,,congress4 ,clause #a4--,the ,slave ,trade4 ,the migration or importation of such persons#a as any of the states now existing shall think proper to admit1 shall not be prohibited by congress prior to the year one thousand eight hundred and eight1 but a tax or duty may he imposed on such importation1#b not exceeding ten dollars for each person4#a #a ,the framers of the constitution disliked to tarnish the instrument by using the word slave1 and adopted this euphemism4 ,at that time there was a general desire1 not ripened into a purpose however1 that slavery might soon cease to exist in the ,united ,states4 ,this clause1 which permitted the continuance for a time of the slave trade1 was a concession to ,north ,carolina1 ,south ,carolina and ,georgia4 ,the other states had already prohibited the slave trade1 and it was hoped by all that before the time specified the abolition of slavery would be gradually accomplished4 #b ,no such tax was imposed4 ,this provision is now obsolete1 and is of interest only historically4 7,for further discussion of slavery1 see page #cdc47 ,clause #b4--,the ,writ of ,habeas ,corpus4 ,the privileges of the writ of habeas corpus shall not be suspended1 unless when in cases of rebellion or invasion the public safety may require it4 ,it has been judicially decided that the right to suspend the privilege of the writ rests in congress1 but that congress may by act give the power to the president4 ,footnote3 ,lalor's ,cyclopedia of ,political ,economy ,the privilege of the writ never was suspended by the general government until #ahfa4 ,questionable suspensions of the writ1 covering a very limited territory1 had been made in two or three instances by generals4 ,so valuable as a bulwark of liberty is this writ considered to be1 that the courts of the ,united ,states have decided that1 even in time of war1 the privilege of the writ can be suspended only in that part of the country actually invaded1 or in such a state of war as to obstruct the action of the federal courts4 ,clause #c4--;,certain ,laws ,forbidden4 ,no bill of attainder#a or ex post facto law#b shall be passed4 #a ,a bill of attainder was a legislative conviction for alleged crime1 with judgment of death4 ,those legislative convictions which imposed punishments less than that of death were called bills of pains and penalties4 ,footnote3 ,cooley's ,constitutional ,limitations ,the term is here used in its generic sense1 so as to include bills of pains and penalties4 ,the great objection to bills of attainder is that they are purely judicial acts performed by a legislative body4 ,a legislative body may and should try a political offense1 and render a verdict as to the worthiness of the accused to hold public office4 ,but to try him when conviction would deprive him of any of his personal rights--life1 liberty1 or property1--should be the work of a duly organized judicial body4 ,this provision1 then is directed not so much against the penalty 7for limitations upon penalties are found elsewhere in the constitution17 as against the mode of trial4 ,or we may say that it is intended to prevent conviction without a trial2 for in previous times legislative bodies had frequently punished political enemies without even the form of a trial1 or without giving them an opportunity to be heard in their own defense1 by passing against them bills of attainder4 #b ,an ex post facto law is1 literally1 one which acts back upon a deed previously performed4 ,but as here intended1 it means a law making worse such an act1 either by declaring criminal that which was not so regarded in law when committed1 or by increasing the penalty and applying it to the act previously performed4 ,but a law may be passed making better1 in a sense1 some previous act4 ,that is1 an unforseen but imperative necessity may call for the doing of something which is not unlawful1 but which needs1 yet has not received1 the sanction of law4 ,this act may afterwards be legalized by the legislature4 ,the things forbidden by this clause would1 if permitted1 render unsafe all those personal rights for the security of which the constitution was framed and the government founded4 ,clause #d4--;,direct ,taxes ,no capitation or other direct tax shall be laid1 unless in proportion to the census or enumeration hereinbefore directed to be taken4 ,this clause emphasizes the first sentence of clause three1 section two1 of this article4 ,it was intended to prevent the taxation of the two-fifths of the slaves not enumerated for representation1 and was evidently inserted as a concession to the slave states4 ,but the abolition of slavery takes from the clause all force except that mentioned at the beginning of this paragraph4 ,no capitation tax 7that is1 so much per head7 has ever been levied by the general government4 ,clause #e4--;,duties on ,exports4 ,no tax or duty shall be laid on articles exported from any state4 ,this was designed to prevent discrimination against any state or section4 ,though the question has never been judicially determined1 it is generally understood that since anything exported must be exported from some state 7or territory71 this clause prohibits all export duties4 ,clause #f4--;,commercial ,restrictions4 ,no preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another2 nor shall vessels bound to or from one state1 be obliged to enter1 clear or pay duties in another4 ,this provision has the same object in view as that which requires duties to be uniform--the impartial treatment of the several states4 ,it shows1 too1 the fear felt by many that the general government might show partiality4 ,the latter part of the clause virtually establishes free trade among the states4 ,clause #g4--;,care of ,public ,funds4 ,no money shall be drawn from the treasury but in consequence of appropriations made by law2 and a regular statement and account of the receipts and expenditures of all public money shall he published from time to time4 ,there are two great purposes to be subserved by this provision3 ,first1 to impose upon those handling the money a feeling of responsibility1 and thus to increase the probability of carefulness2 second1 to prevent the use of public funds for any purpose except those authorized by the representatives of the people4 ,this is in harmony with the provision which gives to congress the power to raise money4 ,incidentally1 too1 this is a protector of our liberties4 ,those who have charge of the public purse are appointees of the president4 ,but for this provision he might1 as rulers in arbitrary governments do1 use the public treasury to accomplish his own private purposes2 and one of these purposes might be the overthrow of our liberties4 ,this thought undoubtedly was a prominent one in the minds of the framers of the constitution4 ,the account of receipts and expenditures is reported to congress annually by the secretary of the treasury4 ,clause #h4--,titles of ,nobility4 ,no title of nobility shall be granted by the ,united ,states2#a and no person holding an office of profit or trust under them1 shall1 without the consent of the congress1 accept of any present1 emolument1 office1 or title of any kind whatever1 from any king1 prince1 or foreign state#b4 #a ,this is in harmony with the principle ,all men are created equal4 ,and1 while in society there are classes and grades based upon learning1 wealth1 etc41 we intend that all shall be equal before the law1 that there shall be no privileged classes4 #b ,the purpose of this is evident--to free public officers from blandishments1 which are many times the precursors of temptations to treason4 ,an amendment to the constitution was proposed in #ahaa1 prohibiting any citizen from receiving any kind of office or present from a foreign power1 but it was not ratified4 ,,section ,x4--,,prohibitions ,,on ,,the ,,states4 ,clause #a4--,unconditional ,prohibitions4 ,no state shall enter into any treaty1 alliance1 or confederation2#a grant letters of marque and reprisal2#b coin money2#c emit bills of credit2#d make anything but gold and silver coin a tender in payment of debts2#e pass any bill of attainder1#f ex post facto law1#f or law impairing the obligation of contracts1#g or grant any title of nobility4#f #a ,otherwise the intrigues of foreign nations would soon break up the ,union4 #b ,had the states this power1 it would be possible for any one of them to involve the whole country in war4 #c ,this provision secures the uniformity and reliability of our coinage4 #d ,a state may borrow money and may issue bonds for the purpose4 ,but these bonds are not bills of credit1 because they are not designed to circulate as money4 ,the evils of state issuance of bills of credit we cannot appreciate1 but the framers of the constitution had experienced them1 and based this provision on that bitter experience4 #e ,this has the same general purpose as the preceding4 ,it will be observed that there is no such prohibition on the ,united ,states1 and the implied power to emit bills of credit and to make things other than gold and silver legal tender1 has been exercised4 #f ,forbidden to the states for the same reason that they are forbidden to the ,united ,states4 #g ,the purpose is to preserve the legal obligation of contracts4 ,the spirit of the provision is this3 ,a contract which is legally binding upon the parties at the time and place it is entered into by them1 shall remain so1 any law of the states to the contrary notwithstanding4 ,footnote3 ,tiffany quoted by ,andrews4 ,under this provision many questions have arisen4 ,one of them is this3 ,may a state pass insolvent or bankrupt laws8 ,it has been decided by the ,united ,states ,supreme ,court that a state may pass insolvent laws upon future contracts1 but not upon past contracts4 ,but no state can pass a bankrupt law4 ,clause #b4--;,conditional ,prohibitions4 ,no state shall1 without the consent of the congress1#a lay any imposts or duties on imports or exports1 except what may be absolutely necessary for executing its inspection laws2#b and the net produce of all duties and imposts1 laid by any state on imports or exports1 shall be for the use of the treasury of the ,united ,states2#c and all such laws shall be subject to the revision of the congress4#d ,no state shall1 without the consent of congress1 lay any duty of tonnage1#e keep troops or ships of war in time of peace1#f enter into any agreement or compact with another state1#g or with a foreign power1#g or engage in war1 unless actually invaded1 or in such imminent danger as not to admit of delay4#h #a ,by implication1 congress may give the states permission to do the things enumerated in this paragraph4 ,but it never has4 #b ,the inspection laws are designed to secure to consumers quality and quantity in commodities purchased4 ,thus1 in some states there is a dairy commissioner whose duty it is to see that no substance is offered for sale as butter which is not butter4 ,and officers may be appointed to inspect the weights and measures in stores4 ,such officers may be provided for without the consent of congress4 ,but no fees can be charged for this service more than are necessary to pay the officers4 ,in other words1 the offices cannot be made a source of revenue to the state4 #c ,this is to free the states from any temptation to use the power which might be conferred under this clause for their own gain1 to the detriment of a sister state4 #d ,this secures to congress the control of the matter4 #e ,that is1 a tax upon the carrying power of a ship4 ,this is in harmony with the provision which forbids the states to levy duties on imports4 #f ,this prohibits the keeping of a standing army1 but each state may have its organized militia4 #g ,in the preceding clause1 the states are forbidden to enter into treaties1 etc41--that is1 into political compacts2 and the prohibition is absolute4 ,here they are prohibited from entering into business compacts1 unless permitted by congress4 #h ,for a state to engage in war would be to embroil the country in war4 ,but the militia might be sent to repel invasion4 ,they would1 however1 be defending not the state simply1 but also the ,united ,states4 ,we have thus passed through the positive prohibitions introduced upon the powers of the states4 ,it will be observed that they divide themselves into two classes3 those which are political in their character1 as an exercise of sovereignty1 and those which more especially regard the private rights of individuals4 ,in the latter the prohibition is absolute and universal4 ,in the former it is sometimes absolute and sometimes subjected to the consent of congress4 ,it will at once be perceived how full of difficulty and delicacy the task was1 to reconcile the jealous tenacity of the states over their own sovereignty1 with the permanent security of the national government1 and the inviolability of private rights4 ,the task has been accomplished with eminent success4 ,footnote3 ,story4 ,pertinent ,questions4 ,when was slavery introduced into the ,united ,states8 ,give an account of the steps taken to abolish it4 ,what is the use of the writ of habeas corpus8 ,if a sane person were confined in an asylum1 how could he be got out8 ,could a person who had taken religious vows imposing seclusion from the world1 be released by means of this writ8 ,show the necessity of power to suspend the writ in cases of rebellion or invasion4 ,could the thing forbidden in a bill of attainder be done by a court8 ,give an example of an ex post facto law4 ,what is meant by entering and clearing a port8 ,how could the president get hold of any ,united ,states money other than that received in payment of his salary8 ,could you receive a present from a foreign government8 ,name any ,american who has received a title or a present from a foreign government4 ,must a titled foreigner renounce his title on becoming an ,american citizen8 ,what are greenbacks8 ,did you ever see a state greenback8 ,when do you expect to see one8 ,what is a contract8 ,could a legislature pass a law doing away with imprisonment for debt8 ,what argument did ,daniel ,webster make in the famous ,dartmouth ,college ,case8 ,name the various state inspectors in this state4 ,how are they paid8 ,may a state impose taxes to defray its own expenses8 ,what prohibitions apply to both the general and the state governments4 ,arrange all the prohibitions in tabular form1 classifying as indicated by ,judge ,story in the paragraph quoted4 ,,chapter ,,xxiii4 ,,article ,,ii4--,,the ,,executive ,,branch4 ,it seems to us a matter of course that after the laws are made there should be some person or persons whose duty it should be to carry them into execution4 ,but it will be remembered that under the confederation there was no executive department4 ,the colonists had suffered from kingly rule1 and in forming their first government after independence1 they naturally avoided anything having the appearance of kingliness4 ,after trying their experiment for some years1 however1 their sober second sense told them that the executive branch is a necessity1 and when the convention assembled to revise the articles of confederation 7as they at first intended to do7 one of the things upon which there was practical unanimity of opinion was the necessity of having the government organized into three branches1 or1 as they are sometimes called1 departments4 ,the question in regard to the executive branch was how to organize it1 so as to secure two chief qualities2 namely1 energy of execution and safety to the people4 ,the former was fully appreciated1 for the weakness of execution during the confederation period1 or the lack of execution1 had impressed upon all thinking persons the necessity of more vigor in carrying out the laws4 ,the experience during colonial days emphasized the necessity of surrounding the office with proper safeguards4 ,and among those intrusted with the organization of a scheme of government1 were many who were well versed in history--men who knew that the executive branch is the one in which lies the menace to human liberty4 ,under these two main divisions of the problem1 arose such questions as3 ,how many persons shall constitute the executive8 ,what shall the term be8 ,how shall the executive be chosen8 ,what powers1 other than those which are purely executive1 shall be vested in this branch8 ,how shall this branch be held responsible1 without crippling its efficiency8 ,how well the problem was solved1 we shall find out in our study of the provisions of the constitution pertaining to this branch4 ,,section ,i4--,,election ,,and ,,service4 ,clause #a4--,vestment of ,power4 ,the executive power shall be vested in a president of the ,united ,states of ,america4#a ,he shall hold his office during the term of four years1#b and together with the vice-president1#c chosen for the same term1 shall be elected as follows3 #a ,this sentence answers the question1 ,how many persons shall constitute the executive8 and gives the official title thereof4 ,the executive authority is vested in one person for two chief reasons3 ,to secure energy in execution1 and to impose upon the executive a sense of responsibility4 ,if the executive power were vested in a number of persons1 the differences and jealousies sure to arise1 and the absence of responsibility1 would result in a feeble administration1 which is but another name for a bad administration4 #b ,the term first reported by the committee of the whole was seven years1 with the provision forbidding re-election4 ,some of the delegates were in favor of annual elections1 while others thought that the executive should be elected for life or good behavior4 ,and other terms1 varying from two to ten years1 had their advocates4 ,after much discussion1 the term of four years was agreed upon as a compromise1 and no limitation was put upon the number of terms for which a person might be elected4 ,in another place it is made the duty of the president to recommended to congress such measures as he deems necessary for the good of the country4 ,he should1 therefore1 have a term long enough to fairly test his policy and to stimulate him to personal firmness in the execution of his duties1 yet not so long as to free him from a sense of responsibility4 ,it was thought that a term of four years would cover both of the conditions mentioned4 #c ,the purpose of having a vice-president is to provide a successor for the president in case of his disability or death4 ,,choosing ,,the ,,president ,,and ,,vice-,,president4 ,clause #b4--,number and ,appointment of ,electors4 ,each state shall appoint1 in such manner as the legislature thereof may direct1 a number of electors equal to the whole number of senators and representatives to which the state may be entitled in the congress2 but no senator or representative1 or person holding an office of trust or profit under the ,united ,states1 shall be appointed an elector4 ,three plans for the election of president and vice-president were proposed3 ,first1 election by congress2 second1 election by the people2 third1 election by persons chosen by the people for that special purpose4 ,the objection to the first plan was1 that it would rob the executive branch of that independence which in our plan of government it is designed to possess--it would render the executive branch in a measure subordinate to the legislative4 ,the objections to the second plan came from two sources4 ,some of the delegates feared that1 inexperienced as they were1 the people could not be trusted to act wisely in the choice of a president--that they would be swayed by partizan feeling1 instead of acting with cool deliberation4 ,and the small states feared that in a popular election their power would count for little4 ,then the compromise in the organization of the congress was remembered1 and it was resolved that the election of the president and vice-president should be placed in the hands of persons chosen for that special purpose1 and that the number of the electors from each state should be that of its representation in congress4 ,this satisfied both parties4 ,those who thought that the people could not be intrusted with so important a matter as the choice of the president1 hoped that this mode would place the election in the hands of the wise men of the several states4 ,and the delegates from the small states secured in this all the concession which they could fairly ask4 ,this matter being settled1 the next question was3 ,how shall the electors be chosen8 ,there being much difference of opinion on the subject1 it was thought best to let each state choose its electors in the way which it might prefer4 ,naturally the modes of choosing electors varied4 ,in some states the legislature chose them1 but this mode soon became unpopular4 ,footnote3 ,south ,carolina1 however1 retained this mode until very recently4 ,in some states they were chosen by the people on a general ticket1 and in others1 by the people by congressional districts4 ,the last is the fairest way1 because it most nearly represents the wishes of the people4 ,by electing on a general ticket1 the party which is in the majority in any state can elect all of the electors4 ,but1 for this very reason1 the majority in each state has finally arranged the matter so that this is now the practice in nearly all the states4 ,the present system of nominations and pledged electors was undreamed of by the framers of the constitution4 ,they intended that in the selection of the president each elector should be free to vote according to his own best judgment4 ,but it has come to pass that the electors simply register a verdict already rendered4 ,briefly the history of the change is this3 ,during the administration of ,washington 7who had been elected unanimously7 differences of opinion on questions of policy gave rise to political parties4 ,to secure the unity of action so essential to success1 the leaders of the respective parties1 by agreement among themselves1 designated1 as each election approached1 persons whom they recommended for support by electors of their party4 ,gradually the recommendation came to be looked upon as binding4 ,in #ahbh the ,anti-,masonic party1 having no members of congress to act as leaders1 held a people's convention4 ,its nominees received a surprisingly large vote4 ,the popularity of this mode of nomination thus appearing1 the other parties gradually adopted it1 and since #ahdj it has remained a recognized part of our political machinery4 ,clause #c4--;,election of ,president and ,vice-,president4 ,the electors shall meet in their respective states1 and vote by ballot for two persons1 of whom one at least shall not be an inhabitant of the same state with themselves4 ,and they shall make a list of all the persons voted for1 and the number of votes for each2 which list they shall sign and certify1 and transmit1 sealed1 to the seat of the government of the ,united ,states1 directed to the president of the senate4 ,the president of the senate shall1 in the presence of the senate and house of representatives1 open all the certificates1 and the votes shall then be counted4 ,the person having the greatest number of votes shall be president1 if such number be a majority of the whole number of electors appointed2 and if there be more than one who have such a majority1 and have an equal number of votes1 then the house of representatives shall immediately choose by ballot one of them president1 and if no person have a majority1 then from the five highest on the list the said house shall in like manner choose the president4 ,but in choosing the president1 the vote shall be taken by states1 the representation from each state having one vote2 a quorum for this purpose shall consist of a member or members from two-thirds of the states1 and a majority of all the states shall be necessary to a choice4 ,in every case1 after the choice of the president1 the person having the greatest number of votes of the electors1 shall be vice-president4 ,but if there should remain two or more who have equal votes1 the senate shall choose from them by ballot the vice-president4 ,under this provision ,washington was elected president twice and ,adams once4 ,in the disputed election of #ahjj1 it was found that this mode would not do4 ,the faulty feature in the plan is found in the first sentence1 which requires the electors to vote for two persons for president4 ,in this election1 ,jefferson and ,burr1 candidates of the same party1 received the same number of votes and each had a majority4 ,the power to choose then devolved upon the house of representatives4 ,there were at that time sixteen states1 and consequently sixteen votes4 ,of these ,jefferson received eight1 ,burr six1 and the remaining two were scattering4 ,as it required nine votes to make a majority1 no one was elected4 ,the balloting was continued for seven days1 thirty-six ballots being taken4 ,on the thirty-sixth ballot ,jefferson received ten votes to four for ,burr4 ,jefferson thus became president and ,burr vice-president4 ,but the consequent bitterness of feeling was much regretted1 and it was determined to change1 slightly1 the mode of election4 ,the changes consisted in having the electors vote for one person for president and for a different person for vice-president2 and when the election is thrown into the house of representatives1 the selection is to be made from the three highest instead of the five highest as originally4 ,the change was made by the twelfth amendment1 passed in #ahjd1 which is here given in full4 ,the ,twelfth ,amendment4 ,the electors shall meet in their respective states and vote by ballot for president and vice-president1 one of whom1 at least1 shall not be an inhabitant of the same state with themselves2 they shall name in their ballots the person voted for as president1 and in distinct ballots the person voted for as vice-president1 and they shall make distinct lists of all persons voted for as president1 and of all persons voted for as vice-president1 and of the number of votes for each2 which lists they shall sign and certify1 and transmit sealed to the seat of government of the ,united ,states1 directed to the president of the senate4 ,the president of the senate shall1 in the presence of the senate and house of representatives1 open all the certificates1 and the votes shall then be counted2 the person having the greatest number of votes for president shall be president1 if such number be a majority of the whole number of electors appointed2 and if no person have such majority1 then from the persons having the highest numbers not exceeding three on the list of those voted for as president1 the house of representatives shall choose immediately by ballot1 the president4 ,but in choosing the president1 the votes shall be taken by states1 the representation from each state having one vote2 a quorum for this purpose shall consist of a member or members from two-thirds of the states1 and a majority of all the states shall be necessary to a choice4 ,and if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them1 before the fourth day of ,march1 next following1 then the vice-president shall act as president1 as in the case of the death or other constitutional disability of the president4 ,the person having the greatest number of votes as vice-president1 shall be the vice-president1 if such number be a majority of the whole number of electors appointed1 and if no person have a majority1 then from the two highest numbers on the list the senate shall choose the vice-president2 a quorum for the purpose shall consist of two-thirds of the whole number of senators1 and a majority of the whole number shall be necessary to a choice4 ,but no person constitutionally ineligible to office of president shall be eligible to that of vice-president of the ,united ,states4 ,thus we see that the president may be elected in one of two ways--by electors or by the house of representatives2 and that the vice-president may also be elected in one of two ways--by electors or by the senate4 ,the mode of choosing the president is regarded by many as difficult to remember4 ,perhaps making an outline like the following will aid the memory3 ,first ,mode or ,process4 ,i4 ,the electors1 after they are chosen3 #a4 ,,meet in their respective states4 #b4 ,,vote by ballot1 for president and vice-president4 #c4 ,,make ,,lists of the persons voted for and the number of votes for each4 #d4 ,,sign1 ,,certify and ,,seal those lists4 #e4 ,,transmit them to the seat of government1 addressed to the president of the senate4 ,,ii4 ,the president of the senate3 #a4 ,,opens the certificates1 in presence of both houses4 #b4 ,,declares ,,the ,,result1 after the votes have been counted4 ,second ,mode or ,process4 ,points-- ,president-- ,vice-,president-- ,chosen by4444444444 ,house of ,representatives ,the ,senate4 ,from444444444444444 ,three highest4 ,two highest4 ,voting4444444444444 ,by ballot4 ,by ballot4 ,state power44444444 ,each one vote4 ,each two votes4 ,quorum4444444444444 ,representatives from ,two-thirds of senators4 two-thirds of the states4 ,necessary to choice ,majority of states4 ,majority of senators ,the place of meeting is usually the capital of the state4 ,three lists of the vote for president and three for vice-president are prepared1 and signed1 certified and sealed4 ,one pair of these lists is sent by mail and another by special messenger4 ,the third is deposited with the judge of the ,united ,states ,district ,court in whose district the electors meet1 to be called for if necessary4 ,the purpose of these precautions is to make sure that the vote of the state may not be lost1 but shall without fail reach the president of the senate4 ,clause #d4--,times of ,these ,elections4 ,the congress may determine the time of choosing the electors1#a and the day on which they shall give their votes2#b which day shall be the same throughout the ,united ,states4#c #a ,the day designated by congress is the first ,tuesday after the first ,monday in ,november4 ,the election always comes in leap year4 #b ,the electors meet and vote on the second ,monday in ,january4 #c ,this provision was designed1 first1 to prevent fraud in voting2 and second to leave each state free to act as it thought best in the matter of persons for the offices1 unbiased by the probability of success or failure which would be shown if the elections occurred on different days in different states4 ,it may be desirable to know in this connection that3 ,the president of the senate sends for missing votes1 if there be any1 on the fourth ,monday in ,january4 ,the counting of votes is begun on the second ,wednesday in ,february and continued until the count is finished4 7,see page #ccd47 ,in case the electors have not given any one a majority for the presidency1 the house proceeds at once to elect4 ,in a similar case the senate proceeds at once to choose a vice-president4 ,the provisions of the continental congress for the first election were3 #a4 ,electors to be chosen1 first ,wednesday in ,january1 #aghi4 #b4 ,electors to vote1 first ,wednesday in ,february4 #c4 ,the presidential term to commence first ,wednesday in ,march4 ,the first ,wednesday in ,march in #aghi was the fourth day of the month1 and on that day the presidential terms have continued to begin4 ,clause #e4--,qualifications of ,president and ,vice-,president4 ,no person except a natural born citizen1#a or a citizen of the ,united ,states at the time of the adoption of this constitution1#b shall be eligible to the office of president2 neither shall any person be eligible to that office1 who shall not have attained to the age of thirty-five years1#c and been fourteen years a resident within the ,united ,states4#d #a ,the importance of the office is such as1 in the opinion of the framers of the constitution1 to necessitate this requirement4 ,and it does not seem unjust to make this limitation4 #b ,this exception was made from a sense of gratitude to many distinguished persons1 who1 though not native citizens1 had placed their lives and fortunes at the service of this country during the revolution1 and who had already become citizens of the young republic4 ,this provision is now1 of course1 obsolete4 #c ,age should bring wisdom4 ,the age specified is great enough to permit the passions of youth to become moderated and the judgment matured4 ,as a matter of fact1 the youngest president yet elected was much older than this minimum4 ,in monarchies the rulers are sometimes children4 ,it cannot be so with us4 #d ,but a natural born citizen1 even1 may live so long in a foreign country as to lose his interest in his native land4 ,this provision is intended to preclude the election of such persons to the presidency4 ,they might seek it at the instance of a foreign government1 for sinister purposes4 ,will residence during any fourteen years satisfy the requirement8 ,commentators generally have expressed an affirmative opinion1 based upon the fact that ,james ,buchanan and others were elected president on their return from diplomatic service abroad4 ,it must be remembered1 however1 that a person sent abroad to represent this government does not lose his residence in this country4 ,therefore the fact of ,mr4 ,buchanan being elected after acting as our minister to ,england1 has no bearing upon the question4 ,on the other hand1 the evident purpose of the provision could hardly be satisfied if a boy1 a native of this country1 should live here until fourteen years of age and then spend the rest of his years in a foreign country4 ,and when the matter is carefully considered1 it will be seen that the only fourteen years which will secure that state of mind in the candidate which is sought by the provision1 are the fourteen years immediately preceding election4 ,again1 twenty-one and fourteen equal thirty-five4 ,a person comes of age at twenty-one4 ,the fourteen years of manhood added would just make thirty-five years1 the minimum age required4 ,this coincidence could hardly have been accidental1 and justifies the view expressed4 ,according to the twelfth amendment1 the qualifications of the vice-president are the same as those of the president4 ,clause #f4--,vacancies4 ,in case of the removal of the president from office1 or of his death1 resignation or inability to discharge the powers and duties of the said office1 the same shall devolve on the vice-president1 and the congress may by law provide for the case of removal1 death1 resignation or inability1 both of the president and vice-president1 declaring what officer shall then act as president1 and such officer shall act accordingly1 until the disability be removed1 or a president shall be elected4 ,if no regular succession were established1 there would be danger of anarchy4 ,by an act passed ,march #a1 #agib1 congress provided that in case of the disability of both president and vice-president1 the duties of the office of president should devolve upon the president pro tempore of the senate2 and in case of a vacancy in that office1 that they should then devolve upon the speaker of the house of representatives4 ,but when president ,garfield died there was no president pro tempore of the senate and no speaker of the house2 so that when vice-president ,arthur became president1 there was no one to succeed him in case of his disability4 ,it was then expected that congress would devise another plan of succession2 but it did not4 ,when vice-president ,hendricks died1 there was again no president pro tempore of the senate or speaker of the house4 ,this recurrence of the danger within four years prompted congress to provide an order of succession less liable to accident than the one so long in use4 ,the succession was placed in the cabinet in the following order3 ,secretary of state1 secretary of the treasury1 secretary of war1 attorney-general1 postmaster-general1 secretary of the navy1 and secretary of the interior4 ,when the vice-president or secretary becomes president1 he serves for the remainder of the term4 ,one very important item in this connection the constitution leaves unprovided for1 namely1 who shall determine when disability1 other than death1 occurs or ceases8 ,certainly the decision should not be left to those interested in the succession4 ,no official answer to this question has yet been given4 ,clause #g4--,president's ,salary4 ,the president shall1 at stated times1 receive for his services a compensation#a which shall be neither increased nor diminished during the period for which he shall have been elected1#b and he shall not receive within that period any other emolument from the ,united ,states or any of them4#c #a ,otherwise a person of moderate means would be debarred from accepting the position1 and the country might thereby be deprived of the services of some man of lofty character4 #b ,thus congress can neither bribe nor drive the president into doing anything which he may regard as unwise or wrong4 ,and on the other hand1 the president has no temptation to try to undermine the virtue of congress for his own pecuniary benefit4 #c ,this provision has the same purpose in view as the last4 ,he is thus secured1 in a great measure1 against all sinister foreign influences4 ,and he must be lost to all just sense of high duties of his station1 if he does not conduct himself with an exclusive devotion to the good of the whole people1 unmindful at once of the blandishments of courtiers1 who seek to deceive him1 and of partizans1 who aim to govern him1 and thus accomplish their own selfish purposes4 ,footnote3 ,story ,till #ahgc the salary of the president was #be1jjj a year4 ,it was then raised to #ej1jjj a year4 ,he also has the use of the ,white ,house1 which is furnished at national expense2 and special appropriations are frequently made to cover special expenses4 ,and yet few presidents have been able to save anything out of their salaries4 ,the vice-president receives #hjjj a year4 ,clause #h4--,oath of ,office4 ,before he enter upon the execution of his office1 he shall take the following oath or affirmation3 ,i do solemnly swear 7or affirm7 that ,i will faithfully execute the office of president of the ,united ,states1 and will to the best of my ability1 preserve1 protect and defend the constitution of the ,united ,states4 ,this oath is usually administered by the chief justice of the ,supreme ,court4 ,it is very simple1 pledging the president to two things only2 but they are the essential things4 ,taking the oath is a part of the inauguration ceremonies which occur1 usually1 on the fourth of ,march4 ,pertinent ,questions4 ,was there any president under the confederation8 ,why8 ,when does the president's term begin8 ,suppose that day comes on ,sunday8 ,how does a presidential term compare with that of senator8 ,of representative8 ,the first proposition in the constitutional convention was to make the presidential term seven years1 and limit a person to one term4 ,is the present plan better or not as good8 ,for how many terms may a person be elected president8 ,what presidents have been elected for a second term8 ,how many presidential electors is this state entitled to8 ,new ,york8 ,illinois8 ,wisconsin8 ,delaware8 ,how many are there altogether8 ,show how the present mode is an advantage to the small states4 ,who were the electors of this state in the last presidential election8 ,get a ticket or ballot and study it4 ,tear off1 beginning at the top1 all that you can without affecting the vote4 ,how could a person have voted for one of the republican candidates without voting for the other8 ,where did the electors of this state meet8 ,when8 ,did you preserve the newspaper report of their proceedings8 ,could the president and vice-president be chosen from the same state8 ,how many electoral votes were necessary to a choice last time8 ,how many did each candidate receive8 ,in case of election by the house of representatives1 what is the smallest possible number that could elect8 ,in case the house should fail to choose a president before the fourth of ,march1 who would be president8 ,have we ever been threatened with a case of this kind8 ,which presidents have been elected by the house8 ,has a vice-president ever been chosen by the senate8 ,specify four differences between the old and the new way of electing president and vice-president4 ,which was the most important change8 ,what statement in the twelfth amendment was unnecessary in the original provision8 ,if two-thirds of the senators are present1 are two-thirds of the states necessarily represented8 ,what is the smallest number of senators that could elect a vice-president8 ,how many times has the vice-president succeeded to the presidency8 ,what caused the vacancies8 ,is the result of the election known before the meeting of the electors8 ,who is our present minister to ,england8 ,would a son of his born in ,england today be eligible in due time to the presidency8 ,make a comparative table1 giving the qualifications1 mode of election 7general71 and term of representatives1 senators and president4 ,who is now vice-president of the ,united ,states8 ,have we ever had more than one vice-president at the same time8 ,name the persons1 in their order1 who would succeed to the presidency if the president should be unable to perform his duties4 ,if the president should become insane1 who would decide that such is the fact8 ,how long would the person thus succeeding to the position of acting president serve8 ,state four ways in which a vacancy in the office of president may occur4 ,if the president leaves ,washington1 is a vacancy created8 ,if he leaves the country8 ,if he is impeached8 ,in case of the non-election of either president or vice-president1 who would serve8 ,how long8 ,how is a vacancy in the office of vice-president filled8 ,at what stated times is the salary of the president paid8 ,in ,november1 #ahgb1 ,president ,grant was re-elected4 ,his new term began ,march1 #ahgc4 ,in the meantime the salary of the president was increased to #ej1jjj4 ,did ,president ,grant get the increase8 ,explain4 ,does the vice-president take an oath of office8 ,if he succeeds to the presidency must he take the oath prescribed in the constitution8 ,what constitutional provision for the salary of the vice president8 ,compare the duties of a governor of a state with those of the president4 ,debate4 ,resolved1 ,that the president should be elected by a direct vote of the people4 ,resolved1 ,that the presidential term should be lengthened1 and a second term forbidden4 ,,section ,,ii4--,,powers ,,of ,,the ,,president4 ,clause #a4--,some ,sole ,powers4 ,the president shall be commander-in-chief of the army and navy of the ,united ,states1 and of the militia of the several states1 when called into the actual service of the ,united ,states2#a he may require the opinion1 in writing1 of the principal officer in each of the executive departments1 upon any subject relating to the duties of their respective offices1#b and he shall have power to grant reprieves and pardons for offenses against the ,united ,states1 except in cases of impeachment4#c #a ,elsewhere it is made the duty of the president to see that the laws are faithfully executed4 ,the execution of the law may sometimes require force1 hence it seems proper that the command of the army should be vested in him4 ,again1 an army may be necessary to defend the country4 ,in order that it may act promptly and efficiently1 it must be directed by one person2 and the person whom we instinctively designate for the purpose is the president4 ,the possession of this power by the president is fraught with danger1 however4 ,unless surrounded by proper checks1 it might be used to overturn our system of government4 ,but the president can hardly1 as now situated1 misuse this power4 ,in the first place1 the general rules for the management and government of the army are made by congress4 ,in the second place1 the army is supported by appropriations made by congress1 and these are made for short periods4 ,in the third place1 congress could reduce or even abolish the army1 if that step seemed necessary in defense of our liberties4 ,in brief1 the support and control of the army are in the hands of congress2 the president merely directs its movements4 ,thus far the president has never actually taken the field in command of the army2 he has appointed military commanders1 and has simply given them general directions1 which they have carried out as best they could4 ,at any time1 however1 if dissatisfied with the results1 he may change the commander4 #b ,the president cannot personally see to the carrying out of all the laws1 and yet he is the one responsible for their execution4 ,to assist him1 the work is divided up into parts1 and each part is placed in the hands of an officer appointed by the president 7with the consent of the senate7 and responsible to him4 ,these persons constitute what is known as the cabinet1 and all but two have the title secretary4 ,the one who keeps the originals of the public documents1 the great seal1 and the public records1 is called the secretary of state4 ,he is to the ,united ,states somewhat as the clerk is to the district or town1 or the auditor to the county4 ,but in addition1 he is the one who has charge of our relations with foreign countries4 ,he is the one to whom you would apply for a passport1 if you were going to travel in foreign lands4 ,he has an assistant and many subordinate officers4 ,in this department are three bureaus1 as they are called--the diplomatic1 the consular1 and the domestic4 7,for further information1 see pages #cba1 #cdi1 #cej47 ,the officer who has general charge of the receiving and paying out of money is called the secretary of the treasury4 ,he has two assistants and thousands of subordinates1 some in ,washington and others throughout the country4 ,under his direction money is coined1 greenbacks and other tokens of indebtedness are issued and redeemed4 ,he also has general charge of all government provisions for making navigation safe along the coast1 such as lighthouses1 etc4 ,all that pertains to executive control of the army is in charge of the secretary of war4 ,the chiefs of bureaus in this department are army officers4 ,the secretary may or may not be4 ,the military academy at ,west ,point is also1 as we might expect1 in charge of this department4 7,see p4 #caa47 ,the control of the navy is exercised by the secretary of the navy4 ,the chiefs of bureaus here are navy officers4 ,the secretary may or may not be4 ,this department has charge of the construction of war ships and the equipment of them2 and1 as we would expect it has charge of the naval academy at ,annapolis 7p4 #caa74 ,the department which has the greatest diversity of duties is that of the interior4 ,this department has charge of patents and trade-marks1 of pensions1 of ,united ,states lands1 of the ,indians1 of the census1 and of education4 ,its chief officer is called the secretary of the interior4 ,the chiefs of bureaus in this department1 except that of the census1 are called commissioners4 ,the chief officer of the postoffice department is called the postmaster general4 ,here there are five bureaus1 in charge respectively of appointments1 contracts1 finances1 money orders1 and foreign mail4 ,the officer who has charge of prosecution or defense of suits for or against the ,united ,states is called the attorney general4 ,he is to the ,united ,states what the county attorney is to the county4 ,he has1 of necessity1 many assistants4 ,all ,united ,states district attorneys and marshals act under direction of this department4 ,he is also legal adviser of the government4 ,by an act approved ,february #aa1 #ahhi1 the department of agriculture was established with appropriate duties assigned to it4 ,the practice of holding regular cabinet meetings was begun by ,jefferson1 and has continued as a matter of custom and expediency ever since4 ,the meetings are attended only by the president1 his private secretary1 and the cabinet4 ,they are held for the purpose of consultation4 ,the president may act upon the advice of his cabinet or not as he chooses4 ,the reports or opinions referred to in the provision of the constitution now under consideration1 are called for at least once a year and are transmitted to congress with the president's message4 ,but they may be called for at any time4 ,cabinet officers are not directly authorized by the constitution1 but provisions of this section seem to take it for granted that the president would have such assistants4 #c ,this power extends to military offenses as well as to the criminal offenses of civilians4 ,the ,supreme ,court has decided that the president has power also to commute sentences2 and that he may act in the matter at any time after the offense is committed1 even before the trial4 ,he may also stop proceedings in any criminal case prosecuted in the name of the ,united ,states4 ,the exception in case of impeachment was first made in ,england1 to prevent the king from shielding his ministers4 ,it is in our constitution as a similar check upon the president4 ,clause #b4--,powers shared by the ,senate4 ,he shall have power1 by and with the advice and consent of the senate1 to make treaties1 provided that two-thirds of the senators present concur2#a and he shall nominate and by and with the advice and consent of the senate1 shall appoint ambassadors1 other public ministers and consuls1 judges of the ,supreme ,court1 and all other officers of the ,united ,states1 whose appointments are not otherwise herein provided for1 and which shall be established by law2#b but congress may by law vest the appointment for such inferior officers as they may think proper1 in the president alone1 in the courts of law1 or in the heads of departments4#c #a ,the advice of the senate is rarely1 if ever1 asked2 but its consent must be had in order to make the treaties lawful4 ,for the mode of making treaties1 see pp4 #cbj1 #cej1 #cfj4 ,the power to make treaties was confided to the president originally because it had been the custom for the executive to possess the treaty-making power4 ,but it is defensible on other grounds4 ,some treaties need to be considered secretly4 ,this could hardly be done if congress were the treaty-making power4 ,but the president and the cabinet can consider the matter in secret4 ,then promptness is sometimes needed1 as in case of a treaty to close a war4 ,promptness may prevent useless loss of life4 ,if congress had to be summoned1 valuable time would be taken4 ,as two-thirds of the senators present must agree to the provisions of the treaty1 the president cannot misuse the power granted in this provision4 ,when the treaty necessitates the raising of money1 the house of representatives is generally consulted1 also4 ,in fact1 if the house opposed such a treaty it is questionable whether it could be carried out4 ,in each of the three great purchases of territory the president consulted congress before making the purchase4 #b ,the nominations are made in writing1 and the senate may either confirm or reject the nominees4 ,the person or persons confirmed are then appointed by the president4 ,when a nominee is rejected1 the president generally sends in a new nomination4 ,this mode of appointment is thus defended by ,alexander ,hamilton1 in the ,federalist3 ,the blame of a bad nomination would fall upon the president singly and absolutely4 ,the censure of rejecting a good one would lie entirely at the door of the senate2 aggravated by the consideration of their having counteracted the good intentions of the executive4 ,if an ill appointment should be made1 the executive for nominating1 and the senate for approving would participate1 though in different degrees1 in the opprobrium and disgrace4 ,it will be noted in this connection that1 while in the state most of the officers are elected1 in the general government all officers except the president and vice-president are appointed4 ,in ,washington's administration the question was raised1 can the president remove officers without the consent of congress8 ,and it was decided that the president can remove all officers whom he can appoint4 ,judges1 who hold for life1 are of course excepted4 ,during ,johnson's administration1 the power of the president in this direction was declared to be exactly equal to his power of appointment1--that is1 if the consent of the senate be necessary to an appointment1 it would also be necessary for removal4 ,but afterwards the law was amended1 so that now the president may suspend an officer until the end of the next session of the senate1 and make a temporary appointment4 ,if the senate does not at its next session confirm the nomination to fill the vacancy1 the old officer is re-instated4 ,but if the president is determined to carry his point1 he may immediately suspend the old officer again1 and re-appoint the rejected candidate1 and continue so to do4 ,during the early administrations comparatively few removals were made1 except where it seemed necessary for the improvement of the public service4 ,but ,andrew ,jackson introduced into our politics the proposition1 ,to the victors belong the spoils2 which means that the party electing the president should have all the offices4 ,this view of the case presents to every public officer the temptation to secure himself in place1 not by meritorious service in the line of his duty1 but by activity in the service of his party2 the tendency is1 to displace love of country and devotion to duty1 and to substitute therefor subserviency to strong party leaders4 ,so crying has the evil become1 that many of the wisest and most patriotic men in the country are seeking to so far reform the public service that an officer may feel reasonably secure in his position so long as he performs his duties faithfully1 and that vacancies shall be filled by the promotion of worthy subordinates4 #c ,this is to secure two objects3 first1 to relieve the president of the burden of appointing thousands of such officers2 and second1 to place the appointment in the hands of the officers responsible for the work of these subordinates4 ,the principal officers thus appointed are3 #a4 ,postmasters having salaries less than #ajjj a year1 appointed by the postmaster general4 #b4 ,clerks1 messengers1 janitors1 etc41 in the several departments1 appointed by the respective secretaries4 ,the chiefs of bureaus and some of the more important officers in each department are appointed by the president with the consent of the senate4 #c4 ,the subordinates in each custom house1 appointed by the collector thereof4 #d4 ,clerks of ,united ,states courts1 appointed by the judges4 ,the ,united ,states district attorneys and marshals are appointed by the president1 with the consent of the senate4 ,the term of appointees is four years1 unless sooner removed4 ,they may be and are removed1 however1 as before said1 not only for unfitness1 but also for political reasons4 ,clause #c4--,temporary ,appointments4 ,the president shall have power to fill up all vacancies that may happen during the recess of the senate1 by granting commissions which shall expire at the end of their next session4 ,this provision is necessary because the senate is not always in session1 and it would not pay to convene it for the purpose of acting upon nominations every time a vacancy occurs4 ,the president may wait1 however1 if the case will permit1 until the next session of congress before making an appointment4 ,,section ,,iii4--,,duties ,,of ,,the ,,president4 ,he shall from time to time give to congress information of the state of the ,union1 and recommend to their consideration such measures as he shall judge necessary and expedient2#a he may on extraordinary occasions1 convene both houses or either of them1#b and in case of disagreement between them1 with respect to the time of adjournment1 he may adjourn them to such time as he shall think proper2#c he shall receive ambassadors and other public ministers2#d he shall take care that the laws be faithfully executed1#e and shall commission all officers of the ,united ,states4#f #a ,the president complies with this provision by sending to congress at the beginning of each regular session his annual message4 ,and at other times1 as occasion demands1 he sends special messages4 #b ,congress has been convened in extra session by presidential proclamation only twelve times in all4 ,the senate is frequently convened in extra session at the close of the regular session to consider appointments4 ,this usually happens on the accession of a new president4 #c ,no occasion has ever arisen for the exercise of this power4 #d ,in all governments1 diplomatic intercourse with other governments is carried on through the executive department4 7,see pages #cdg and #cdi47 ,by receiving an ambassador1 the country from which he comes is recognized as an independent sovereignty1 a nation4 ,ambassadors may be rejected or dismissed1 if personally objectionable to this country1 if the countries from which they come are not recognized as belonging to the sisterhood of nations1 or if the relations between their country and this become unfriendly4 ,nations at war with each other do not exchange ambassadors2 each recalls its representative at the time of declaring war4 ,our ambassadors or other public ministers may be rejected by other nations for the reasons given above4 ,it will readily be seen that this power or duty may impose upon the president at times1 grave responsibility4 ,the nature of this responsibility may be understood when we remember the efforts made by the confederate states to secure recognition of their agents at the courts of ,london and ,paris1 during the civil war4 ,for either country to have recognized them would have been to interrupt our friendly relations with that country1 and might have led to war between it and us4 7,see page #cdg47 #e ,this is the president's most important duty2 and it is his duty to enforce the law whether he believes in its wisdom or not4 ,he acts through the executive officers previously referred to4 #f ,the commission bears the signature of the president and the great seal of the ,united ,states1 the latter affixed by the secretary of state4 ,,section ,,iv4--,,responsibility ,,of ,,officers4 ,the president1 vice-president1 and all civil officers of the ,united ,states1 shall be removed from office on impeachment for1 and conviction of1 treason1 bribery1 or other high crimes and misdemeanors4 ,the word civil in the provision is used here in distinction from military and naval4 ,it is generally understood that members of congress are not civil officers within the meaning of this provision4 ,military and naval officers are tried by courts-martial1 and members of congress are subject to trial by the house to which they belong4 ,the definition of high crimes and misdemeanors rests with the senate4 ,treason is defined in the constitution1 and bribery has a meaning understood by all4 ,there have been seven cases of impeachment before the ,united ,states ,senate4 7,see pages #aca1 #ach and #ccc47 ,pertinent ,questions4 ,when1 near the close of the late war1 ,general ,grant commanded all the armies of the ,union1 had he any superior officer8 7,that is1 was there any officer higher in rank than he87 ,who is commander-in-chief of the ,united ,states army today8 ,who is the highest purely military officer1 and what is his rank8 ,name the members of the present cabinet4 ,if you wanted to trade with the ,indians1 to whom would you make application for permission8 ,can the president pardon before trial8 ,what cases can he not pardon8 ,name some one pardoned by the president4 ,could he pardon prisoners confined for breach of state law8 ,where does the general government confine its prisoners8 ,what is the smallest number of senators that could confirm or reject a treaty8 ,what is meant by the executive session of the senate8 ,how could you witness the proceedings at such a session8 ,how large a vote is necessary to confirm a nomination of the president8 ,what is an ambassador8 ,a minister8 ,a consul8 ,what is meant by inferior officers8 ,by civil service reform8 ,state the principle which seems to cover the matter of removals4 ,have you read the president's last annual message8 ,what information did he give to congress8 ,what recommendations did he make8 ,how was the message delivered to congress8 ,what extra sessions of congress do you remember8 ,what ones have you read about in books8 ,when were the different extra sessions called8 ,give the number of bills vetoed by each president4 ,has the president ever had to adjourn congress8 ,for how long could he do it8 ,how is the ,british parliament prorogued8 ,where do impeachments originate8 ,by whom are they tried8 ,who may be impeached8 ,what for8 ,can persons who have ceased to be officers be impeached8 ,what is the extent of sentence8 ,was ,president ,johnson impeached8 ,how is an impeachment trial conducted8 ,what persons have been impeached8 ,prepare a tabulation telling3 #a4 ,mode of election of president 7general statement only7 #b4 ,qualifications4 #c4 ,term4 #d4 ,vacancy4 #e4 ,salary--constitutional provision2 law4 #f4 ,powers4 #g4 ,duties4 ,,chapter ,,xxiv4 ,,article ,,iii4--,,the ,,judicial ,,branch4 ,in the two articles so far considered1 we have studied about the law-making and the law-enforcing branches of the government4 ,we shall next examine the third great branch1 the one which interprets and applies the laws4 ,,section ,i4--,,organization4 ,the judicial power of the ,united ,states shall be vested in one ,supreme ,court1#a and in such inferior courts as the congress may from time to time ordain and establish4#b ,the judges both of the ,supreme and inferior courts1 shall hold their offices during good behavior1#c and shall at stated times receive for their services a compensation#d which shall not be diminished during their continuance in office4#e #a ,the creation of the ,supreme ,court1 a distinct coordinate branch for the final interpretation of law1 was the master-stroke of the constitution4 ,the ,supreme ,court has no prototype in history4 ,while the existence of the ,supreme ,court is thus provided for in the constitution1 the number of judges to constitute it was wisely left with congress4 ,thus the organization may be changed as circumstances change4 ,the ,supreme ,court at first consisted of six justices1 as they are called2 but owing to the growth of the country and the consequent increase of labor to be performed1 the number of justices has been increased to nine4 #b ,under this provision congress has established three grades of inferior ,united ,states courts1 the ,circuit ,courts of ,appeal1 ,circuit ,courts1 and the ,district ,courts4 ,the ,united ,states is divided into nine judicial circuits1 to each of which are assigned one justice of the ,supreme ,court and two circuit judges4 7,see page #cjg47 ,these constitute what is called the ,circuit ,court of ,appeals1 having appellate jurisdiction in their respective circuits and holding annual sessions for that purpose4 7,see page #baj47 ,the ,united ,states is further subdivided into more than sixty judicial districts4 ,in each of these districts1 at least one session of the circuit court and one of the district court is held each year4 7,see pages #baj and #cjg-i47 ,a full circuit court bench consists of a supreme court justice1 a circuit judge1 and a district judge2 but court may be held by any one or two of them4 ,the district court consists of the district judge4 #c ,this virtually means during life4 ,the purpose of this provision is to raise the judges above temptation1 to put them in a position where they may feel safe in doing their exact duty1 unawed by any outside power4 ,if with this opportunity they prove unjust1 they may be impeached4 ,but so far1 almost without exception1 those who have been honored with a place on a ,united ,states court have proved worthy of their high calling4 #d ,the purpose of this also is to remove temptation from the judges4 ,the salary of the chief justice is #aj1ejj a year1 and that of each associate justice1 #aj1jjj4 ,this seems like a generous amount4 ,but several times a place on the supreme bench has been declined1 on the plea that the nominee could not afford to serve for the salary attached4 #e ,this is to prevent the other two branches from occupying a threatening attitude toward the judiciary4 ,but the salary may be increased4 ,and the salary may be reduced1 to take effect with appointments made after the passage of the law4 ,,section ,,ii4--,,jurisdiction ,,of ,,the ,,courts4 ,clause #a4--;,extent4 ,the judicial power shall extend to all cases1#a in law and equity1#b arising under this constitution1 the laws of the ,united ,states1 and treaties made or which shall be made1 under their authority2#c to all cases affecting ambassadors1 other public ministers1 and consuls2#d to all cases of admiralty jurisdiction2#e to controversies to which the ,united ,states shall be a party2#f to controversies between two or more states2#g between a state and citizens of another state2#h between citizens of different states2#i between citizens of the same state claiming lands under grants of different states2#aj and between a state or the citizens thereof1 and foreign states1 citizens or subjects4#aa #a ,the courts decide what the law is1 whether a specified law is constitutional or not1 and what the meaning of constitutional provisions is1 but only as these questions arise in cases brought before them for trial4 ,they do not advise congress or the president as to the constitutionality or unconstitutionally of a law4 ,they do not directly make law4 ,but in determining the meaning of certain laws and of constitutional provisions they may determine what the law is1 and thus they may be said to make law indirectly4 ,but sometimes a legal question or a question as to the meaning of a constitutional provision remains for a long time unanswered1 because no case involving the question comes before the courts4 #b ,sometimes the law provides no adequate remedy for a wrong4 ,here is the necessity for a court of equity4 ,for instance1 ,a sells his business to ,b1 agreeing not to become a rival1 but immediately reopens in the next block4 ,b's only remedy in law is to secure damages4 ,if this remedy is shown to be inadequate1 a court of equity will close ,a's store4 ,or if ,c1 having contracted to do a certain act for ,d1 fails or declines to perform his part1 the law can only award ,d damages2 equity will compel the fulfillment of the contract4 ,law is curative1 equity is preventive4 7,see ,dole1 #ejb47 ,in some states there are separate courts of law and of equity4 ,but the provision under discussion gives the ,united ,states courts jurisdiction in cases both of law and of equity4 ,there are no juries in equity cases1 and no criminal trials4 #c ,these pertain to the whole ,united ,states1 so cases arising under them should be tried by a national1 not by a state1 court4 #d ,thus showing respect for the governments represented by them4 #e ,that is1 to cases arising on the high seas or on navigable waters4 ,these matters1 according also to ,i4 #h3 #aj1 #aa1 are under the jurisdiction of the ,united ,states1 and therefore this provision is simply a consequence of the two referred to4 #f ,because then the interests of the whole country are at stake1 and should not be left to any state4 #g ,because the ,united ,states was organized to insure domestic tranquility4 #h ,this provision has been modified by the eleventh amendment1 which reads as follows3 ,the judicial power of the ,united ,states shall not be construed to extend to any suit in law or equity1 commenced or prosecuted against one of the ,united ,states by citizens of another state1 or by citizens or subjects of any foreign state4 ,that is1 if the state is the plaintiff1 the suit may be tried by the ,united ,states ,supreme ,court 7compare clause #b74 ,claims of individuals against a state1 if denied by the auditor1 may be referred by them to the legislature4 ,a state cannot be sued by an individual or corporation4 ,when a citizen is sued he must be sued either in the courts of the ,united ,states or in those of his own state4 ,it would be a source of irritation to compel a state to sue a citizen of another state in the courts of his own state1 hence this provision that such suits shall be in the ,united ,states court4 #i ,to remove temptation to injustice through local prejudice4 ,but the suit is tried in1 and in accordance with the laws of1 the state of which the defendant is a citizen4 #aj ,because the states are involved in the suit1 and it would be unfair to let either decide the controversy4 ,this provision is not of much importance now1 because state boundaries are clearly defined4 ,but when the constitution was framed1 this kind of question meant a good deal4 ,the charters given during colonial times were very loosely drawn1 and claims of different colonies and proprietors overlapped each other4 ,the question of ownership had not been settled at the time of the revolution4 ,during the formative or confederation period1 these disputes had been a source of much ill-feeling4 #aa ,because the general government1 and not the individual states1 has charge of our foreign relations4 ,a foreign country holds the ,united ,states responsible for the acts of its citizens2 and only the ,united ,states can be looked to1 to secure justice to its citizens on the part of foreign countries or citizens4 ,clause #b4--;,jurisdiction of the ,supreme ,court4 ,in all cases affecting ambassadors1 other public ministers and consuls1 and those in which a state shall be a party1 the ,supreme ,court shall have original jurisdiction4#a ,in all the other cases before mentioned1 the ,supreme ,court shall have appellate jurisdiction1#b both as to law and fact1 with such exceptions and under such regulations as the congress shall make4#c #a ,that is1 such a suit must commence in the ,supreme ,court1 and so cannot be tried elsewhere4 #b ,that is1 the action must commence in some lower court1 but it may be appealed to the ,supreme ,court4 ,the ,u4,s4 ,district ,court has jurisdiction over crimes committed on the high seas1 and over admiralty cases in general2 over crimes cognizable by the authority of the ,united ,states 7not capital7 committed within the district1 and over cases in bankruptcy4 ,the ,u4,s4 ,circuit ,court has original jurisdiction in civil suits involving #bjjj or more1 over equity cases1 and over cases arising under patent and copyright laws4 #c ,to relieve the ,supreme ,court1 which was years behind with its work1 congress recently provided for a ,u4,s4 ,circuit ,court of ,appeals in each of the nine circuits1 which has final appellate jurisdiction in nearly all cases except those involving the constitutionality of a law4 ,clause #c4--,the ,trial of ,crimes4 ,the trial of all crimes1 except in cases of impeachment1 shall be by jury1#a and such trial shall be held in the state where said crimes shall have been committed2#d but when not committed within any state1#c the trial shall be at such place or places as congress may by law have directed4#d #a ,a trial by jury is a trial by twelve men impartially selected4 ,this is regarded as one of the great bulwarks of liberty4 ,civil cases may1 at the desire of both parties1 be tried by the court only4 ,but for criminal trials a jury is guaranteed by this provision4 ,in a criminal trial1 the state or the nation is the prosecutor1 and state or national judges might be tempted to decide unjustly1 if the matter were left to them4 #b ,this leaves the accused in better condition to defend himself1 than if he could be taken away far from home4 ,he is thus able at the least expense to bring witnesses in his own behalf4 ,in harmony with this1 each state has at least one ,u4 ,s4 ,district ,court for the trial of crimes against the general government4 7,see ,declaration of ,independence47 ,this provision is probably binding also upon the states4 #c ,that is1 in the ,district of ,columbia1 in one of the territories1 in the ,indian country1 in the forts or arsenals of the ,united ,states1 or upon the high seas4 #d ,congress has specified courts for the trial of such crimes4 ,those committed on the high seas are tried in the state where the vessel arrives4 7,see pages #bcj-d47 ,,section ,,iii4--,,treason4 ,clause #a4--;,definition and ,trial4 ,treason against the ,united ,states shall consist only in levying war against them1 or in adhering to their enemies1 giving them aid and comfort4#a ,no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act1 or on confession in open court4#b #a ,treason is1 in essence1 a deliberate and violent breach of the allegiance due from a citizen or subject to his government4 ,being directed against the powers that be1 the government in self defense is tempted to punish it severely4 ,the more tyrannical a government is the more likely it is to be plotted against1 and the more suspicious it becomes4 ,if treason were undefined1 the government might declare acts to be treasonable which the people never suspected to be so4 ,this had occurred so many times1 and good men had so often been sent on this charge to an ignominious death1 that the framers of the constitution deemed it prudent to define treason carefully in the fundamental law itself4 ,these provisions are taken from the famous statute of ,edward ,,iii which first defined treason in ,england4 ,this statute declared five things to be treasonable1 only the third and fourth of which are held by our constitution to be so4 #b ,an overt act is an open act1 not one that is simply meditated or talked about1 but one actually performed4 ,the ,supreme ,court has decided that there must be an actual levying of war2 that plotting to overthrow the government is not treason4 ,but if hostilities have actually begun1 if war has commenced1 all those who perform any part1 however minute1 or however remote from the scene of action1 and who are leagued in the general conspiracy1 are to be considered traitors4 ,two witnesses1 at least1 to the same overt act1 are required1 because thus only can a preponderance of testimony be secured4 ,clause #b4--,punishment4 ,the congress shall have power to declare the punishment of treason1 but no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted4 ,as has been hinted1 the punishment of treason had been very severe in ,european countries4 ,not only was the person convicted of treason put to death in the most horrible ways1 but his property was forfeited1 and no one could inherit property from him or through him4 ,thus not only the person himself1 but also his children and his children's children1 were punished4 ,the purpose of this provision is1 in the words of ,mr4 ,madison1 to restrain congress from extending the consequences of guilt beyond the person of its author4 ,pertinent ,questions4 ,by what authority was the ,supreme ,court established8 ,by whom is it organized8 ,why is such a court necessary8 ,how many judges or justices constitute the ,supreme ,court8 ,name them4 ,tell what president appointed each4 ,how many and what inferior courts has congress established8 ,name the ,supreme ,court justice assigned to this circuit4 ,how many other states in this circuit8 ,name our two ,united ,states circuit judges4 ,name the ,united ,states district judge4 ,how are these officers appointed8 ,how long do they serve8 ,state the salary of each class of judges4 ,what legal provision is there in regard to retiring ,united ,states judges8 ,if a person should rob the mail1 in what court would he be tried8 ,tell about the ,dartmouth ,college case4 ,if any one should be caught making cigars without a license1 before what court would he be tried8 ,if an ,american owed money to an ambassador from a foreign country1 and declined to pay it1 how could the ambassador get his pay8 ,if the ambassador owed an ,american1 how could the ,american get his pay8 ,would you1 if the ,united ,states government asked you to represent it in a foreign country1 like to be tried by a court of that country8 ,if a murder be committed in the ,district of ,columbia1 in what court is the trial had8 ,if committed in ,minnesota8 ,in ,wyoming8 ,if a sailor should steal from a passenger1 when out on the ocean1 where would the case be tried and in what court8 ,if a state other than the one in which you live should sue you where could the case be tried8 ,how can the ,united ,states be a party to a suit8 ,have you knowledge of any case in which one state sued another8 ,if a merchant in your town should buy goods from a wholesale house in ,chicago or ,new ,york1 and should fail or refuse to pay for them1 how could the house get its pay8 ,what laws would apply to the case8 ,what principle seems to be involved in these answers8 ,how many acts of congress have been declared unconstitutional by the ,supreme ,court8 ,can a citizen of ,wyoming bring a suit in a ,united ,states court8 ,if you lived in ,montana1 how could you recover money owed you in ,minnesota8 ,can a ,united ,states official be sued for acts performed in the discharge of his duties8 ,what famous case of treason was tried in #ahjg8 ,was ,jefferson ,davis ever tried for treason8 ,if the property of a traitor is taken by the government1 must it be restored to his heirs at his death8 ,can you commit treason against this state8 ,what do you know about the ,john ,brown case8 ,compare ,,iii4 #b1 #c1 with amendments #e and #f1 and state the rights of a person accused of crime1 which are guaranteed by the constitution4 ,debate4 ,resolved1 ,that all judicial officers should be appointed4 ,tabular ,view4 ,prepare a tabular view comparing the three departments of the ,united ,states government4 ,,chapter ,,xxv4 ,,article ,,iv4--,,the ,,relations ,,of ,,the ,,states4 ,,section ,i4--,,state ,,records4 ,full faith and credit#a shall be given in each state to the public acts1#b records1#c and judicial proceedings#dof every other state4 ,and the congress may by general laws prescribe the manner in which such acts1 records and proceedings shall be proved1#e and the effect thereof4 #a ,that is1 such faith and credit as would be given to such acts1 etc41 in the state in which they originated4 #b ,that is1 the legislative acts1--the statutes and the constitutions4 #c ,such as the registration of deeds1 wills1 marriages1 journals of the legislature1 etc4 #d ,the proceedings1 judgments1 orders1 etc41 of the courts4 #e ,the records of a court are proved 7that is1 shown to be authentic7 by the attestation of the clerk1 with the seal of the court affixed1 and the certificate of the judge4 ,the acts of the legislature are authenticated by the state seal4 ,,section ,,ii4--,,relations ,,to ,,inhabitants ,,of ,,other ,,states4 ,clause #a4--;,citizens4 ,the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states4 ,that is1 no state can give its citizens any privileges which it denies to citizens of other states4 ,for instance1 a citizen of ,wisconsin1 ,new ,york or ,california1 coming to ,minnesota has all the privileges of a citizen of ,minnesota4 ,to be sure he cannot vote in ,minnesota until he has resided here for a time4 ,this is simply a police regulation1 to prevent fraud in voting4 ,but he is entitled to the protection of the laws of ,minnesota1 may hold property here1 and may engage in any business in which a citizen of ,minnesota may engage4 ,he cannot1 however1 carry with him any special privileges which he may have enjoyed in the state from which he came4 ,thus1 if one state permits a person to vote upon declaring his intention to become a citizen while another requires that a voter shall be a full citizen1 a person coming from the first state cannot claim the right to vote in the second until he becomes a full citizen4 ,study in this connection the first clause of the fourteenth amendment4 ,clause #b4--;,fugitives from ,justice4 ,a person charged in any state with treason1 felony or other crime1 who shall flee from justice1 and be found in another state1 shall1 on demand of the executive authority of the state from which he fled1 be delivered up1 to be removed to the state having jurisdiction of the crime4 ,the necessity for this provision will readily be understood1 when it is remembered that each state has jurisdiction only within its own limits4 ,but for this provision1 criminals would be comparatively free from restraint1 because they could in most cases get into another state4 ,and this would of course tend to increase the number of criminals4 7,see pp4 #ccg1 #cdi47 ,as civilization advances1 countries independent of each other politically agree1 for their mutual protection1 to surrender to each other fugitives from justice4 ,treaties made for this purpose are called extradition treaties4 ,clause #c4--;,fugitives from ,service4 ,no person held to service or labor in one state1 under the laws thereof1 escaping into another1 shall1 in consequence of any law or regulation therein1 be discharged from such service or labor1 but shall be delivered up on claim of the party to whom such service or labor may be due4 ,this clause was inserted as a concession to the slave-holding states1 and had special reference to slaves1 though it also applied to apprentices and any other persons who for any reason might be bound to service4 ,but as slavery no longer exists1 and apprenticeship and other binding to service are almost things of the past1 this provision is practically obsolete4 ,,section ,,iii4--,,new ,,states ,,and ,,territories4 ,clause #a4--,the ,admission of ,new ,states4 ,new states may be admitted by the congress into this ,union2#a but no new state shall be formed or erected within the jurisdiction of any other state2#b nor shall any state be formed by the junction of two or more states or parts of states1 without the consent of the legislatures of the states concerned as well as of the congress4#c #a ,these few words mark an era in political history4 ,heretofore nations had acquired new territory merely to enlarge the extent of their provinces or subject states1 never with a view of uniting the acquired territory with the original system1 allowing it equal political privileges4 ,but when we look at the matter carefully1 we shall see that our government could not consistently do otherwise than it did4 ,the proposition involved in the revolution was that new territory should either be permitted to enjoy equal privileges with the parent state1 or it should become independent4 ,but it was not simply to carry out a political theory that this provision was made2 it was to solve a practical difficulty4 ,at the close of the ,revolutionary ,war1 the ,united ,states extended west to the ,mississippi river4 ,the territory west of the ,alleghany mountains contained almost no inhabitants1 and was of course unorganized4 ,this territory became the object of contention4 ,some of the states claimed jurisdiction over it1 while others maintained that it was not within the limits of any states1 and that1 as it had been secured by a war waged by the general government1 this territory should be considered common property1 to be managed by the general government4 ,the states having claims upon the territory expressed a willingness to relinquish them upon the condition that the territory should be formed into states as soon as the population would warrant4 ,accordingly1 before the constitution was framed all these states except ,north ,carolina and ,georgia had relinquished their claims1 and all but a small portion of the territory was under the jurisdiction of the general government4 ,and ,july #ac1 #aghg1 that portion of the country west of ,pennsylvania and north of the ,ohio1 had been organized into the ,northwest ,territory4 ,this act of congress is generally known as ,the ,ordinance of #aghg4 ,it was for a long time the model upon which other territories were organized4 #b ,this shows the fear entertained lest the general government should try to control a state by threatening its existence4 #c ,vermont was claimed by both ,new ,york and ,new ,hampshire4 ,both consented to her admission4 ,kentucky was a part of ,virginia1 and became a state with her consent4 ,maine became a state with the consent of ,massachusetts1 of which it had been a part4 ,west ,virginia was admitted during the war1 the consent of ,virginia being obtained afterwards4 ,clause #b4--,the ,territories4 ,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 ,states2#a and nothing in this constitution shall be so construed as to prejudice any claims of the ,united ,states1 or of any particular state4#b #a ,the power to acquire territory is not expressly granted in the constitution1 but it is implied as an act of sovereignty4 ,territory was acquired by the general government before the constitution by cession from states1 and since the adoption of the constitution it has been acquired by purchase1 by discovery1 by conquest1 and by annexation4 ,the power to dispose of territory is also an attribute of sovereignty1 and would have belonged to the general government without this provision4 ,but this provision places the power in the hands of congress2 otherwise land could be sold by the treaty-making power4 ,under this provision congress receded to ,virginia that portion of the ,district of ,columbia south of the ,potomac4 ,the power to govern any territory which it possesses is also an attribute of sovereignty4 ,this clause gives the power to congress2 but any law for the regulation of territories needs the president's signature1 the same as any other law4 #b ,it will be remembered that ,north ,carolina and ,georgia had not at the time of the adoption of the constitution relinquished their claims to certain territory lying outside of their state limits4 ,this provision was made as a concession to them4 ,but they afterwards1 ,north ,carolina in #agij and ,georgia in #ahjb1 ceded the disputed territory to the ,united ,states4 ,,section ,,iv4--,,guaranties ,,to ,,the ,,states4 ,the ,united ,states shall guarantee to every state in this ,union a republican form of government1#a and shall protect each of them against invasion1#b and on application of the legislature1 or of the executive 7when the legislature cannot be convened71 against domestic violence4#c #a ,that is1 the ,united ,states will protect each state against one man or a few men who may try to usurp the functions of the state government4 ,by inference1 the ,united ,states could insist upon a republican form of government even if the people of the state desired some other4 ,happily1 no necessity for the exercise of this power has yet arisen4 #b ,this would have been the duty of the general government1 even if this provision had not been made4 ,to defend the country against invasion is one of the principal duties of government4 ,the government was organized to provide for the common defense4 #c ,to insure domestic tranquillity was another reason given for the establishment of the constitution4 ,but lest the general government should make every little disturbance a pretext for interfering with the local affairs of a state1 it was provided that no interference should occur until asked for by state authority4 ,pertinent ,questions4 ,if a judgment is secured against a resident of ,new ,york and he moves to ,minnesota without paying it1 could he be held responsible in ,minnesota without another suit8 ,is a marriage ceremony performed in ,illinois binding in ,kansas8 ,define citizen4 ,can a person be a citizen of the ,united ,states without being a citizen of any state8 ,could he be a citizen of a state and not be a citizen of the ,united ,states8 ,a certain southern state imposed a tax upon commercial travelers not residents of that state2 was the act constitutional8 ,what is the ,civil ,rights bill1 and why was it passed8 ,can a citizen of any state claim in another state any privileges peculiar to the state from which he removed8 ,how is a fugitive from justice secured when he has escaped into another state8 ,is a governor obliged to surrender an escaped criminal upon demand of the authorities of the state from which he escaped8 ,how is a criminal secured if he escapes into another country8 ,name countries with which we have extradition treaties4 ,have we any with ,canada8 ,what were the provisions of the fugitive slave law8 ,did the articles of confederation provide for the admission of new states into the union8 ,name the first state admitted into the ,union4 ,the last4 ,what territories are now seeking admission into the sisterhood of states8 ,how does a territory become a state8 ,what advantages are gained by becoming a state8 ,is congress bound to admit new states8 ,can congress compel a territory to become a state8 ,can it compel a state to remain a state8 ,is there such a thing in our system as a state out of the ,union8 ,what does a citizen of the ,united ,states lose by moving into a territory8 ,does the constitution define a republican government8 ,is any particular department charged with the duty of guaranteeing to each state a republican form of government8 ,when did the ,united ,states protect a state against invasion8 ,against domestic violence8 ,have any states been admitted into the ,union more than once8 ,,chapter ,,xxvi4 ,,article ,v4--,,amendments ,,to ,,the ,,constitution4 ,the congress1 whenever two-thirds of both houses shall deem it necessary1 shall propose amendments to this constitution1 or1 on the application of the legislatures of two-thirds of the several states1 shall call a convention for proposing amendments1 which1 in either case1 shall be valid to all intents and purposes1 as a part of this constitution1 when ratified by the legislatures of three-fourths of the several states1 or by conventions in three-fourths thereof1 as the one or the other mode of ratification may be proposed by the congress2#a provided1 that no amendment1 which may be made prior to the year one thousand eight hundred and eight1 shall1 in any manner1 affect the first and fourth clauses in the ninth section of the first article2#b and that no state1 without its consent1 shall be deprived of its equal suffrage in the senate4#c #a ,no one realized more fully than the framers of the constitution that1 with the best thought which they could give to it1 the constitution might need amending1 and therefore they provided ways for proposing and ratifying amendments4 ,it is purposely made difficult to amend the constitution because the fundamental law should not be changed except for weighty reasons4 ,if these exist1 the amendments may be made2 the difficulty is not so great as to be insurmountable4 #b ,by reading the clauses referred to1 the student will readily see whom this was a concession to4 #c ,this was to protect the small states1 in whose interest the senate was organized4 ,the first ten amendments were proposed by congress at its first session in #aghi1 and they were ratified in #agia4 ,two other amendments were proposed at the same time1 but they were not ratified4 ,one of them was to regulate the number of representatives2 the other1 to prevent congressmen from increasing their own salaries4 ,the eleventh amendment was proposed in #agif1 and ratified in #agih4 ,the twelfth amendment1 a consequence of the disputed election of #ahja1 was proposed in #ahjc1 and ratified in #ahjd4 ,an amendment prohibiting citizens of the ,united ,states from accepting any titles1 pensions1 presents1 or other emoluments from any foreign power1 on pain of loss of citizenship1 was proposed in #ahaa1 but it was not ratified4 ,an amendment making slavery perpetual was proposed in #ahfa1 in the hope that this might avert the war1 but it was not ratified4 ,the thirteenth and fourteenth amendments were proposed in #ahfe and #ahfh respectively1 and they were ratified the same years4 ,the fifteenth amendment was proposed in #ahfi1 and ratified in #ahgj4 ,the propositions of amendments have thus far been made by congress1 and all ratifications have been made by the state legislatures4 ,pertinent ,questions4 ,state four ways in which the constitution may be amended4 ,what temporary limitation was placed upon the power to amend the constitution8 ,what permanent prohibition8 ,how is the ,english constitution amended8 ,in what case must congress call a convention to propose amendments8 ,must the convention thus called propose any amendments8 ,which is the better of the two ways of proposing amendments8 ,when an amendment is proposed by two-thirds of both houses of congress1 is it necessary to secure the approval of the president8 ,can a state withdraw its ratification of an amendment8 ,when is an amendment1 once proposed1 dead8 ,did it take three-fourths of all the states or only three-fourths of the loyal states to ratify the thirteenth amendment8 ,how many of the disloyal states finally ratified it8 ,how is the ratification and consequent validity of any proposed amendment made known8 ,,chapter ,,xxvii4 ,,article ,,vi4--,,miscellaneous4 ,clause #a4--,prior ,debts and ,engagements4 ,all debts contracted and engagements entered into before the adoption of this constitution1 shall be as valid against the ,united ,states under this constitution as under the confederation4 ,the debts were incurred and the engagements were entered into by the ,united ,states1 and changing the form of government would not release the country from its obligations4 ,the insertion of this provision however1 served as an explicit statement of the purpose of the government to live up to its engagements4 ,clause #b4--,national ,supremacy4 ,this constitution1 and the laws of the ,united ,states which shall be made in pursuance thereof1 and all treaties made1 or which shall be made1 under the authority of the ,united ,states1 shall be the supreme law of the land2 and the judges in every state shall be bound thereby1 anything in the constitution or laws of any state to the contrary notwithstanding4 ,this provision settles definitely1 and in what would seem to be unmistakable terms1 the question of supremacy1 about which so much discussion has been carried on4 ,within its sphere1 within the limitations placed upon it by the constitution itself1 the national government has the supremacy over any and all state governments4 ,clause #c4--,oath of ,office4 ,the senators and representatives before mentioned1 and the members of the several state legislatures1 and all executive and judicial officers1 both of the ,united ,states and of the several states1 shall be bound by oath or affirmation1 to support this constitution2#a but no religious test shall ever be required as a qualification to any office or public trust under the ,united ,states4#b #a ,the first law passed by congress under the constitution was an act prescribing the form of the oath required by the provision above4 ,it is as follows3 ,i1 ,a4 ,b41 do solemnly swear1 or affirm 7as the case may be71 that ,i will support the constitution of the ,united ,states4 #b ,in all other countries at the time of the adoption of this constitution eligibility to public office was limited to members of the established church of the country4 ,this constitution set the example of abolishing religious tests for public office1 and the wisdom of this is so apparent that it has been followed entirely or in part by many of the civilized nations4 ,,chapter ,,xxviii4 ,,article ,,vii4--,,ratification ,,of ,,this ,,constitution4 ,the ratification of the conventions of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same4 ,nine states made two-thirds of the entire number4 ,eleven states ratified the constitution within nine months of the time of its submission to them4 ,as soon as nine states had ratified1 congress made arrangements for putting the new form of government into operation4 ,the mode of ratification herein specified ignored the existence of the articles of confederation1 and in specifying this mode the convention disregarded the instructions of the congress which called it4 ,the congress had expressly provided that the work of the convention should be submitted to the congress and the state legislatures for approval4 ,but this provision places the power to ratify in the hands of conventions elected by the people in the several states1 which arrangement is in harmony with the opening words of the preamble4 ,pertinent ,questions4 ,what is the recognized law of nations in regard to the payment of the debts of a nation when it changes its form of government8 ,if ,england should become a republic would this rule apply8 ,does it apply when a territory becomes a state8 ,were the debts of the confederation paid8 ,how8 ,what was the amount of the debt of the ,united ,states at the time of the adoption of the constitution8 ,what is the value of the notes and bonds of the ,confederate ,states of ,america8 ,why8 ,which is sovereign1 the nation or the individual states8 ,where else are there any provisions which teach the same thing8 ,why should judges be specially mentioned in ,,vi4 #b8 ,what department of the government makes treaties8 ,are they binding upon the other departments8 ,upon the several states8 ,can a state nullify an act of congress8 ,has any state ever tried to do so8 ,why are state officers bound to support the constitution of the ,united ,states8 ,is the requirement to take the oath of office a religious test8 ,why is the choice of oath or affirmation given8 ,what was the iron-clad oath8 ,would the ratification of the constitution by nine states have made it binding upon the other four8 ,the articles of confederation required the consent of all the states to any amendment to them2 by what right was this constitution adopted against the wishes of ,rhode ,island and ,north ,carolina8 ,if those two states had persisted in their refusal to ratify the constitution1 what would have been their relations to the ,united ,states8 ,justify your answer4 ,,chapter ,,xxix4 ,,the ,,amendments4 ,we have now considered the constitution about as it was presented to the states for ratification4 ,judging by our own affection for the noble instrument we would expect to learn that it was ratified promptly and unanimously4 ,but1 as a matter of fact1 much hard work was required on the part of its friends to secure its ratification4 ,its every provision had to be explained and justified4 ,probably the most able exposition was made by ,hamilton1 ,madison and ,jay1 in a series of papers entitled1 ,the ,federalist4 ,one of the greatest objections urged against the constitution was that it did not guarantee sufficiently the rights of individuals4 ,it will be remembered in this connection that the principal grievance against ,england1 as expressed in the ,declaration of ,independence1 was that personal rights had not been respected2 and that1 in consequence1 the first form of government organized after independence1 ,the ,articles of ,confederation1 gave the general government no power to reach individuals4 ,experience showed this to have been a mistake1 and the constitution authorizes the general government to execute its laws directly1 enabling it to hold individuals responsible4 ,on account of this re-enlargement of power1 many people honestly feared that the new government might trespass upon personal rights as ,england had done4 ,and several states at the time of ratifying suggested the propriety of so amending the constitution as to remove these fears4 ,in accordance with these recommendations1 amendments were proposed at the first session of congress4 ,the house of representatives proposed seventeen1 to twelve of which the senate agreed4 ,only ten1 however1 were ratified by the legislatures of three-fourths of the states4 ,they are1 of course1 the first ten among those that follow4 ,it was decided by the same congress that the amendments should not be incorporated into the main body of the constitution1 but should be appended to it as distinct articles4 ,they have1 however1 the same force as the original constitution4 ,,article ,i4 ,,freedom ,,of ,,religion1 ,,of ,,speech1 ,,and ,,of ,,assembly4 ,congress shall make no law respecting an establishment of religion1 or prohibiting the free exercise thereof2#a or abridging the freedom of speech or of the press2#b or the right of the people peaceably to assemble and to petition the government for a redress or grievances4#c #a ,the chief purpose for which many of the early settlers came to ,america was that they might worship ,god according to the dictates of their own conscience4 ,hence their descendants put first among the individual rights to be protected1 this freedom of religion4 ,but this provision does not authorize any one to commit crime in the name of religion4 #b ,the only limitation upon speech in this country is that the rights of others be respected4 ,any one may think as he pleases upon any subject1 and may freely express his opinion1 provided that in doing so he does not trespass upon the rights of others4 #c ,it would seem that under a republican form of government this right might be assumed to be secure4 ,the provision is meant to make assurance doubly sure4 ,history had shown the necessity of such precaution4 ,,article ,,ii4 ,,right ,,to ,,bear ,,arms4 ,a well-regulated militia being necessary to the security of a free state1 the right of the people to keep and bear arms shall not be infringed4 ,it should not be the policy of a republic to keep a large standing army4 ,an army is expensive1 it takes so many men from productive industries1 and it is dangerous to liberty--it may from its training become the instrument of tyranny4 ,but a republic must have defenders against foes foreign or domestic4 ,a well-trained militia may be depended upon to fight with valor against a foreign foe1 and may at the same time serve as a check upon usurpation4 ,for definition of militia1 see page #afb4 ,,article ,,iii4 ,,quartering ,,soldiers4 ,no soldier shall1 in time of peace1 be quartered in any house without the consent of the owner1 nor in time of war1 but in a manner to be described by law4 ,to quarter soldiers in any house is to allot them to it for food and shelter4 ,this1 it will be remembered1 was one of the grievances of the colonies4 ,this quartering of soldiers had been1 and indeed is in some countries to this day1 a mode of watching and worrying persons for whom officers of the government entertained suspicion or ill will4 ,,article ,,iv4 ,,security ,,against ,,unwarranted ,,searches4 ,the right of the people to be secure in their persons1 houses1 papers1 and effects1 against unreasonable searches1 and seizures1 shall not be violated1 and no warrants shall issue1 but upon probable cause1 supported by oath or affirmation1 and particularly describing the place to be searched1 and the persons or things to be seized4 ,this1 as well as the preceding provision1 recognizes the maxim1 ,a man's house is his castle4 ,it prevents the issuance of general warrants4 ,,article ,v4 ,,security ,,to ,,life1 ,,liberty ,,and ,,property4 ,no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury1#a except in cases arising in the land or naval forces1 or in the militia when in actual service in time of war1 or public danger2#b nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb2#c nor shall be compelled in any criminal case to be a witness against himself1#d nor be deprived of life1 liberty1 or property1 without due process of law2#e nor shall private property be taken for public use without just compensation4#f #a ,for information in regard to the method of conducting criminal trials1 see ,division ,i4 #b ,the necessity here for prompt and exact obedience to orders is so urgent1 that summary methods of trial must be permitted4 ,for information regarding trial by court martial1 see appendix1 page #cch4 #c ,that is1 when a jury has rendered its verdict and judgment has been pronounced1 the accused cannot be compelled to submit to another trial on the same charge4 ,but if the jury disagrees and fails to bring in a verdict1 he may be tried again4 #d ,accused persons used to be tortured for the purpose of extorting from them a confession of guilt4 #e ,in a despotism1 the lives1 liberty and property of the people are at the command of the ruler1 subject to his whim4 #f ,for an illustration of the method of securing private property for public use1 see page #ah4 ,,article ,,vi4 ,,rights ,,of ,,accused ,,persons4 ,in all criminal prosecutions the accused shall enjoy the right to a speedy#a and public#b trial by an impartial jury#c of the state and district wherein the crime shall have been committed1 which district shall have been previously ascertained by law1#d and to be informed of the nature and cause of the accusation2#e to be confronted with the witnesses against him2#f to have compulsory process for obtaining witnesses in his favor2#g and to have the assistance of counsel for his defense4#h ,the importance of this provision is likely to be underestimated4 ,says ,montesquieu1 ,liberty consists in security4 ,this security is never more attacked than in public and private accusations4 ,it is1 therefore1 upon the excellence of the criminal laws that chiefly the liberty of the citizen depends4 ,and ,lieber1 in his very able work on ,civil ,liberty and ,self-,government1 says1 ,a sound penal trial is invariably one of the last fruits of political civilization1 partly because it is one of the most difficult of subjects to elaborate1 and because it requires long experience to find the proper mean between a due protection of the indicted person and an equally due protection of society4444 ,it is one of the most difficult things in all spheres of action to induce irritated power to limit itself4 ,besides the guarantees of the constitution1 ,lieber mentions the following as characteristic of a sound penal trial3 the person to be tried must be present 7and1 of course1 living72 every man must be held innocent until proved otherwise2 the indictment must be definite1 and the prisoner must be allowed reasonable time to prepare his defense2 the trial must be oral2 there must be well-considered law of evidence1 which must exclude hearsay evidence2 the judge must refrain from cross-examining witnesses2 the verdict must be upon the evidence alone1 and it must be guilty or not guilty2 ,footnote3 ,in some countries the verdict may leave a stigma upon an accused person1 against whom guilt cannot be proven4 ,of this nature was the old verdict1 not proven4 the punishment must be in proportion to the offense1 and in accordance with common sense and justice2 and there must be no injudicious pardoning power1 which is a direct interference with the true government of law4 ,most1 if not all but the last1 of the points mentioned by ,dr4 ,lieber are covered by that rich inheritance which we have from ,england1 that unwritten constitution1 the common law4 ,the question of how best to regulate the pardoning power is still unsettled4 #a ,he may have his trial at the next term of court1 which is never very remote4 ,but the accused may1 at his own request1 have his trial postponed4 #b ,publicity is secured by the keeping of official records to which all may have access1 by having an oral trial1 by the admission of spectators to the court room1 and by publication of the proceedings in the newspapers4 #c ,for the mode of securing the impartial jury1 see page #fc4 #d ,it is provided in the body of the constitution 7,,iii41 #b1 #c17 that criminal trial shall be by jury1 and in the state where the crime was committed4 ,this amendment makes the further limitation that the trial shall be in the district where the crime was committed1 so a person accused of crime cannot be put to the trouble and expense of transporting witnesses a great distance4 #e ,the nature of the accusation is specified in the warrant and in the indictment1 both of which1 or certified copies of them1 the accused has a right to see4 #f ,not only do the witnesses give their evidence in the presence of the accused1 but he has also the right to cross-examine them4 #g ,but for this compulsory process 7called a subpoena71 persons entirely guiltless might be unable to produce evidence in their own behalf4 ,the natural desire of people to keep out of trouble would keep some knowing the circumstances of the case from giving their testimony1 and others would be afraid to speak up for one under a cloud and with all the power of the government arrayed against him4 #h ,the accused may plead his own cause1 or he may engage a lawyer to do it for him4 ,if he is too poor to employ counsel1 the judge appoints a lawyer to defend him1 whose services are paid for out of the public treasury4 ,from the foregoing1 it will be seen that great care is exercised to give a person accused of crime full opportunity to defend himself4 ,and it must be remembered in this connection that it is a principle of our jurisprudence that the burden of proof lies upon the government4 ,that is1 the accused is to be deemed innocent until he is proved guilty4 ,we prefer that a number of guilty persons should escape punishment rather than that one innocent person should suffer4 ,,article ,,vii4 ,,jury ,,trial ,,in ,,common ,,law ,,suits4 ,in suits at common law1#a where the amount in controversy shall exceed twenty dollars1 the right of trial by jury shall be preserved2 and no fact tried by a jury shall be otherwise re-examined in any court of the ,united ,states1 than according to the rules of common law4#b #a ,the meaning of this expression is difficult of explanation1 but it covers most ordinary lawsuits4 ,from the fact that a jury in criminal cases has already been guaranteed 7,,iii41 #b1 #c1 and ,am4 ,,vi471 it may be assumed that this provision is intended to cover civil suits4 #b ,among the rules of common law are these3 #a4 ,all suits are tried before a judge and a jury1 the jury determining the facts in the case and the judge applying the law4 #b4 ,the facts tried by a jury can be re-examined only by means of a new trial before the same court or one of the same jurisdiction4 ,the purpose of this provision is to preserve the jury trial as a real defense against governmental oppression4 ,in the ,supreme ,court there is no jury2 the trials are by the court4 ,if questions of fact could be reviewed or re-examined by such a court on appeal the protection now given by the jury would be nullified4 ,,article ,,viii4 ,,excessive ,,bails1 ,,fines ,,and ,,punishments ,,forbidden4 ,excessive bail shall not he required1 nor excessive fines imposed1 nor cruel and unusual punishments inflicted4 ,having enjoyed the protection of this and similar provisions for so many years1 we can hardly appreciate their value4 ,it must be borne in mind that those who ordained and established the constitution had been abused in just these ways1 and that in this provision they provided against a real danger4 ,,article ,,ix4 ,,unspecified ,,personal ,,rights ,,preserved4 ,the enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people4 ,certain rights which governments are prone to trample on have been mentioned in the preceding provisions4 ,but not all of the personal rights could be enumerated4 ,hence this provision covering those unnamed4 ,,article ,x4 ,,the ,,united ,,states ,,government ,,one ,,of ,,limited ,,powers4 ,the powers not delegated to the ,united ,states by the constitution1 nor prohibited by it to the states1 are reserved to the states respectively1 or to the people4 ,this provision gives a rule for interpreting the constitution4 ,it is important as a security against two opposite tendencies of opinion1 each of which is equally subversive of the true import of the constitution4 ,the one is to imply all powers1 which may be useful to the national government1 which are not expressly prohibited2 and the other is1 to deny all powers to the national government which are not expressly granted4 ,footnote3 ,story ,the ,united ,states is a government of limited powers1 and has only such implied powers as are necessary to carry out the express powers4 ,on the other hand1 a state has all powers not denied to it by the state or federal constitutions4 ,pertinent ,questions4 ,what is the general purpose of the first ten amendments8 ,do they restrict the general government or the state governments1 or both8 ,when and how were these amendments proposed8 ,when and how ratified8 ,what three limitations to the power of amendment does the constitution contain8 ,is there any established or state church in the ,united ,states8 ,how do you suppose that this came about8 ,are we as a people indifferent to religion8 ,can a person say what he pleases8 ,can he publish whatever opinions he pleases8 ,what is slander8 ,libel8 ,why should these last two questions be asked here8 ,petition whom8 ,what's the good of petitioning8 ,what petitions did you learn about at the beginning of this study8 ,can soldiers in the regular army petition8 ,why8 ,has the right of petition ever been denied in this country8 ,wherein is a standing army dangerous to liberty8 ,is this true of the navy8 ,how is a well-regulated militia a check upon usurpation of authority8 ,does ,amendment ,,ii4 authorize you to keep a revolver8 ,to carry it in your pocket8 ,how often is the army mentioned in the ,declaration of ,independence1 and what is said8 ,what are the objections to quartering soldiers in a private house8 ,does the amendment protect tenants8 ,why the exception in the amendment8 ,what mention of quartering soldiers in the ,declaration of ,independence8 ,get and read a warrant of arrest4 ,a search warrant4 ,has a warrant always been needed as authority for arrest8 ,are arbitrary arrests1 searches and seizures permitted in any civilized countries today8 ,what is a capital crime8 ,an infamous crime8 ,a presentment8 ,an indictment8 ,a grand jury8 ,how do the proceedings of a grand jury compare with those of a petit jury8 ,why the differences8 ,why the exception in the first clause of the amendment8 ,can a convicted and sentenced person ask for a new trial8 ,under what other circumstances can persons be tried again8 ,in what connections have you heard of private property being taken for public use4 ,taking each guarantee in the sixth amendment1 show the wrongs which an accused person1 presumably innocent1 would suffer if the provision were not recognized or that guarantee removed4 ,find out all you can about common law4 ,what is meant by a civil suit as distinguished from a criminal suit8 ,what is meant by a case in equity8 ,when an appeal is taken what is subject to re-examination8 ,what is not8 ,why8 ,what conditions determine the just amount of bail8 ,of fines8 ,what cruel punishments have you heard or read of as being administered by public authority8 ,when and where were such punishments not unusual8 ,was the eighth amendment necessary8 ,what limit is there to things which ,the ,people may do8 ,to the powers of the ,united ,states government8 ,to those of a ,state government8 ,find the history behind each provision in the ten amendments4 ,from what country did we obtain the notions that the rights here preserved belong to freemen8 ,from under what other country could the ,colonies have come ready to be the ,united ,states as we love it1 or from what other country could we have inherited such notions8 ,since these ten amendments are intended for the protection of individuals against governmental oppression1 it will be an excellent scheme now for the student to arrange in the form of a tabulation the various directions in which such protection is guaranteed by the constitution as amended4 ,the following is simply suggestive3 ,i4 ,from ,legislative ,oppression4--#a4 ,thought2 #b4 ,expression2 #c4 ,bills of ,attainder2 #d4 ,ex post facto laws2 #e4 ,social distinctions2 #f4 ,assembly2 #g4 ,petition4 ,,ii4 ,from ,executive ,oppression4-#a4 ,military2 #b4 ,searches and seizures2 #c4 ,life1 ,liberty1 or ,property2 #d4 ,suspension of ,habeas ,corpus4 ,,iii4 ,from ,judicial ,oppression4-#a4 ,before trial3 arrest1 bail1 information as to accusation1 time of trial2 #b4 ,during trial3 publicity1 jury1 evidence1 counsel1 punishment2 #c4 ,after trial3 retrial2 #d4 ,treason4 ,,iv4 ,from ,state oppression4 ,,article ,,xi4 ,,limiting ,,the ,,jurisdiction of ,,united ,,states ,,courts4 ,the judicial power of the ,united ,states shall not be construed to extend to any suit in law or equity1#a commenced or prosecuted against one of the ,united ,states#b by citizens of another state1 or by citizens or subjects of any foreign state4#c #a ,equity is hard to define4 ,according to ,aristotle it is the rectification of the law1 when1 by reason of its universality1 it is deficient4 ,blackstone says1 ,equity1 in its true and genuine meaning1 is the soul and spirit of all law4444 ,equity is synonymous with justice4 ,it is the province of law to establish a code of rules whereby injustice may be prevented1 and it may therefore be said that all law is equitable4 ,in a technical sense1 the term equity is applied to those cases not specifically provided for by positive law4 7,see page #bjh2 also ,dole's ,talk's ,about ,law1 page #ejb47 #b ,according to ,,iii4 #b1 a state could be sued for a debt the same as an individual1 and shortly after the adoption of the constitution several of them were sued for debts incurred during the ,revolutionary ,war4 ,pride and poverty both prompted the states to desire immunity from such suits4 ,hence the adoption of this amendment4 7,see page #bji47 #c ,a non-resident secures the payment of a debt due from a state in the same way as a resident--by legislative appropriation4 ,,article ,,xii4 ,,mode ,,of ,,choosing ,,the ,,president ,,and ,,vice-,,president4 ,the amendment has been discussed in connection with ,article ,,ii4 of the constitution1 pages #ahd-f4 ,,article ,,xiii4 ,,abolition ,,of ,,slavery4 #a4 ,neither slavery nor involuntary servitude1 except as a punishment for crime1 whereof the party shall have been duly convicted1 shall exist within the ,united ,states1 or any place subject to their jurisdiction4 #b4 ,congress shall have power to enforce this article by appropriate legislation4 ,this amendment1 one of the first fruits of the ,civil ,war1 put an end to slavery in the ,united ,states4 ,the wording was taken1 almost verbatim1 from the ,ordinance of #aghg4 ,,article ,,xiv4 ,,miscellaneous ,,reconstruction ,,provisions4 ,,section ,i4--,,citizen ,,defined4 ,,privileges ,,guaranteed4 ,all persons born or naturalized in the ,united ,states1 and subject to the jurisdiction thereof1 are citizens of the ,united ,states and of the state wherein they reside4#a ,no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the ,united ,states2 nor shall deprive any person of life1 liberty or property1 without due process of law1 nor deny to any person within its jurisdiction the equal protection of the laws4#b #a ,this provision defines citizenship4 ,it was worded with the special view of including the negroes4 ,it embodies the principle of the ,civil ,rights ,bill1 and is intended to guarantee to the negroes the protection implied in citizenship4 #b ,some of the amendments impose limitations only on the general government4 ,lest the states in which slavery had recently been abolished should endeavor to oppress the ex-slaves this provision was made as a limitation upon the states4 ,but this provision is general in it nature1 and by means of it the ,united ,states can protect individuals against oppression on the part of the states4 ,pomeroy ,footnote3 ,constitutional ,law1 p4 #aea4 regards this as the most important amendment except the thirteenth4 ,,section ,,ii4--,,basis of ,,representation4 ,representatives shall be apportioned among the several states according to their respective numbers1 counting the whole number of persons in each state1 excluding ,indians not taxed4 ,but when the right to vote at any election for the choice of electors for president and vice-president of the ,united ,states1 representatives in congress1 the executive and judicial officers of a state1 or the members of the legislature thereof1 is denied to any of the male inhabitants of such state1 being twenty-one years of age1 and citizens of the ,united ,states1 or in any way abridged1 except for participation in rebellion or other crime1 the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state4 ,each state determines who may vote within its borders4 ,this provision was intended as an inducement to the former slave states to grant franchise to the colored men4 ,it does not compel them to do this4 ,but granting the franchise increases their representation4 ,the fifteenth amendment is more imperative in this direction4 ,,section ,,iii4--,,disabilities of ,,rebels4 ,no person shall be a senator or representative in congress1 or elector of president or vice-president1 or hold any office1 civil or military1 under the ,united ,states1 or under any state1 who1 having previously taken an oath1 as a member of congress1 or as an officer of the ,united ,states1 or as a member of any state legislature1 or as an executive or judicial officer of any state1 to support the constitution of the ,united ,states1 shall have engaged in insurrection or rebellion against the same1 or given aid or comfort to the enemies thereof4#a ,but congress may1 by a two-thirds vote of each house1 remove such disability4#b #a ,the primary purpose of this provision was to exclude from public office those who in the ,civil ,war1 by entering the service of the ,confederate ,states1 broke an oath previously taken4 ,though the persons whom it was immediately intended to affect will soon all be with the silent majority1 the provision1 by being made part of the constitution1 will remain a warning to all in the future4 #b ,the disabilities have been removed from all but a few of those immediately referred to4 ,this clause seems to put another limitation upon the power of the president to grant pardons4 ,from #ahfb to #ahfg the president had been specially authorized by congress to grant amnesty to political offenders4 ,and in #ahfg ,president ,johnson continued to grant such amnesty1 denying the power of congress to put any limitation upon the president's pardoning power4 ,but this provision specifically places the power to relieve certain disabilities in the hands of congress4 ,the two-thirds vote is required in order that such disabilities may not be easily removed4 ,,section ,,iv4--,,public ,,debt4 ,the validity of the public debt of the ,united ,states1 authorized by law1 including debts incurred for the payment of pensions1 and bounties for services in suppressing insurrection or rebellion1 shall not be questioned4 ,but neither the ,united ,states nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the ,united ,states1 or any claim for the loss or emancipation of any slave1 but all such debts1 obligations and claims shall be held illegal and void4 ,congress shall have power to enforce1 by appropriate legislation1 the provisions of this article4 ,this section needs little comment4 ,it means simply that any expense incurred on the part of government in suppressing rebellion shall be paid2 and that debts incurred in aid of rebellion shall not be paid4 ,it applies not only to the late ,civil ,war but to all future wars of the same kind4 ,,article ,,xv4 ,,suffrage4 ,the right of citizens of the ,united ,states to vote shall not be denied or abridged by the ,united ,states1 or by any state1 on account of race1 color1 or previous condition of servitude4 ,congress shall have power to enforce this article by appropriate legislation4 ,this amendment was intended to put negroes upon the same footing as white people in the matter of suffrage4 ,each state1 as has previously been stated1 prescribes the qualifications of voters within its borders4 ,it may require that they be fifteen or twenty-five or twenty-one or any other number of years old2 it may or may not require a property qualification2 it may or may not require an educational qualification2 it may include or exclude women as voters2 it may draw the line at imbeciles and felons1 but it cannot draw the color line4 ,a black citizen must be permitted to vote upon the same conditions as a white one4 ,pertinent ,questions4 ,what is meant by a state repudiating a debt8 ,what states have done so8 ,what reason did each assign for doing so8 ,can a city repudiate8 ,a county8 ,were amendments ,,xiii41 ,,xiv41 and ,,xv4 constitutionally adopted8 ,footnote3 ,see ,wright1 #bhd2 ,andrews1 #bgb2 and ,pomeroy1 #gf4 ,how was slavery abolished in each of the states8 ,footnote3 ,see page #cdc4 ,what does the emancipation proclamation say about slavery8 ,can slavery exist in ,alaska8 ,why8 ,are you a citizen of the ,united ,states8 ,how may an alien become a citizen8 ,may a person be a citizen of the ,united ,states without being a citizen of any state8 ,a citizen of a state without being a citizen of the ,united ,states8 ,footnote3 ,see ,wright1 #bhg4 ,how does a citizen of the ,united ,states become a citizen of a certain state8 ,what are some of the privileges and immunities of a citizen of the ,united ,states8 ,footnote3 ,see ,wright1 #bhg4 ,can a ,chinaman become a citizen8 ,an ,indian8 ,does this section give women the right to vote8 ,what provision of the constitution is amended by the second clause of the fourteenth amendment8 ,what change is made8 ,how often does the counting take place8 ,what is it called8 ,when will the next one occur8 ,has the penalty mentioned in the second clause ever been inflicted8 ,name persons affected by the third clause of the fourteenth amendment4 ,name persons from whom the disabilities have been removed4 ,how were they removed8 ,name persons against whom the disabilities still lie4 ,may they vote8 ,what provision of the original constitution is affected by the last sentence of this clause1 and how is it modified8 ,how much money was expended in suppressing the rebellion8 ,how was it raised8 ,how much debt has been paid8 ,how much remains unpaid8 ,did you ever see a ,united ,states bond or note8 ,how much is a confederate bond for #ajjj worth8 ,why8 ,have any emancipated slaves been paid for by the government8 ,what is the necessity of the clause commencing1 ,the congress shall have power8 ,what is secured to negroes by the thirteenth amendment8 ,by the fourteenth8 ,by the fifteenth8 ,name persons who are citizens but cannot vote4 ,name three eminent colored men4 ,what clause could be omitted from the constitution without affecting it8 ,,part ,,iv4 ,,government ,,in ,,general4 ,,chapter ,,xxx4 ,,forms ,,of ,,government4 ,classification4--,aristotle divided governments into three chief classes1 based upon the number of persons constituting the governing element1 as follows3 government by one1 monarchy2 by the few1 oligarchy2 by the many1 democracy4 ,subdivisions of these classes may be made as follows4 #a4 ,by one1 monarchy2 hereditary or elective2 absolute or limited4 #b4 ,by the few1 oligarchy or aristocracy4 #c4 ,by the many1 democracy or republic4 ,definitions and examples4--,a hereditary monarchy is one in which the succession is acquired by birth1 the usual order being from father to eldest son2 examples1 ,england1 ,prussia1 etc4 ,an elective monarchy is one in which the succession is by election2 the term for life2 example1 the old ,german empire1 in which the emperor was chosen by certain princes called electors4 ,footnote3 ,our mode of electing a president may have been suggested in part by this old practice4 ,an absolute monarchy is one in which the three functions of government as related to law--the legislative1 executive and judicial--are all vested in one person2 examples1 ,russia and ,turkey in ,europe1 and most of the countries of ,asia and ,africa4 ,a limited monarchy is one in which the sovereign's power is confined chiefly to executing the laws framed and interpreted by other departments2 examples1 ,england1 and most of the other countries of ,europe4 ,an oligarchy is that form of government in which the supreme power is vested in the hands of a few 7oligos1 few72 example1 the triumvirates of ,rome4 ,an aristocracy is really a government by the best 7aristos1 the select1 the best74 ,this is the sense in which the word was first used4 ,it has come to mean government by a privileged class4 ,aristocracy seldom1 if ever1 exists alone4 ,a democracy is that form of government in which the functions are administered directly by the people1 only the clerical or ministerial work being done by officers1 and they appointed by the people2 examples1 the old ,german tribes1 some of the states of ancient ,greece1 some of the present cantons of ,switzerland1 the early settlements of ,new ,england1 and in a limited sense our own school districts and towns4 ,a republic is a representative democracy4 ,a democracy is practicable only within a very limited area4 ,when the area grows large the people must delegate much of work of government to representatives4 ,examples1 the ,united ,states1 each state in the ,union1 ,switzerland1 and most of the countries of ,america4 ,the ,origin of ,each ,typical ,form4--,monarchy and oligarchy both probably owe their existence to war4 ,the successful chieftain or leader in war became the king1 and his retainers or followers became the privileged classes4 ,those who were subdued either became slaves or were simply the common people4 ,democracy had its beginnings1 and flourishes best1 in times of peace4 ,the people1 though they had to fight again and again to secure recognition1 have really won their right to it by the arts of peace4 ,the ,criteria of ,good ,government4--,among the tests by which the goodness or badness of a government1 or form of government1 may be determined1 are the following3 #a4 ,a good government is stable4 ,stability is the foundation of worthiness of character in governments as well as in persons4 ,the basis of progress is permanence--one cannot grow wise1 or rich1 or strong1 unless he can preserve at least a part of what he gains4 ,conduciveness to progress includes the whole excellence of government4 ,footnote3 ,mills ,representative ,government4 #b4 ,a good government tends to increase the sum of good qualities in the governed4 ,strength comes from exercise4 ,therefore a government is excellent in proportion as it works up to the possibilities of a people for self-government and fits them to go on advancing in intellectual and moral power4 #c4 ,a good government has proper machinery4 ,this should be adapted to take advantage of the amount of good qualities which may at any time exist1 and make them instrumental to right purposes4 ,footnote3 ,mills ,representative ,government4 ,representative ,government the ,ideally ,best ,polity4--,every student who has access to ,mills' ,representative ,government should read the chapter with the heading at the beginning of this paragraph4 ,he combats the proposition1 if a good despot could be insured1 despotic monarchy would be the best form of government4 ,granting that much good might be done1 he shows that the very passivity of the people must result in deterioration1 that is1 if the nation had ever attained anything to decline from4 ,on the other hand1 he shows that participation in public affairs gives a mental and moral training otherwise unattainable4 ,after showing the nature of the mental development acquired1 he says3 ,still more salutary is the moral part of the instruction afforded by the participation of the private citizen1 if even rarely1 in public functions4 ,he is called upon1 while so engaged1 to weigh interests not his own2 to be guided1 in case of conflicting claims by another rule than his private partialities2 to apply1 at every turn1 principles and maxims which have for their reason of existence the general good2 and he usually finds associated with him in the same work minds more familiarized than his own with these ideas and operations1 whose study it will be to supply reasons to his understanding1 and stimulation to his feeling for the general good4 ,he is made to feel himself one of the public1 and whatever is their interest to be his interest4 ,where this school of public spirit does not exist 444 a neighbor1 not being an ally or an associate1 since he is never engaged in any common undertaking for the joint benefit1 is therefore only a rival4 ,dangers in ,each ,form of ,government4--,while each of the typical forms has merits of its own1--the monarchy having stability1 the aristocracy securing the benefit of inherited good qualities1 and democracy the advantages referred to in the preceding paragraph--there is danger in each form4 ,monarchy continually tends toward that inconsiderate exercise of power which we call tyranny4 ,aristocracy tends toward oligarchy2 government by the best is prone to decline into government by the few without regard to qualification4 ,and democracy is in danger of degenerating into mob rule4 ,every ,government ,aims to be ,aristocratic4--,that is1 each government in theory seeks to have those rule who are best fitted to manage public affairs4 ,this is the thought1 for instance1 in our requiring certain qualifications in voters and office-holders4 ,our ,own ,government4--,we fondly believe that our own government combines to a high degree the excellencies of all the forms4 ,our hope for stability lies chiefly in the fact that our corner stone is eternal justice1 the equality of all men before the law4 ,even the severe shock of civil war has been endured1 and our system is more strongly intrenched in the confidence of the world than ever before4 ,we believe in the potency of good blood and good training4 ,but the worth of each individual must be shown1 it will not be taken for granted4 ,we will neither lift him up because he is his father's son1 nor cast him down because his father was unworthy4 ,situated as we are1 with no powerful rivals near us1 with the ocean between us and the countries of ,europe1 the common defense requires no great standing army to eat up our substance and to menace our liberties4 ,living in the north temperate zone1 the belt of highest civilization1 in a country capable of producing almost everything desirable1 there is every reason to believe that1 if we are true to ourselves and our opportunities1 we may long enjoy prosperity and peace4 ,debate4 ,resolved1 ,that universal suffrage is dangerous to the well being of society4 ,,part ,v4 ,,commercial ,,law4 ,,responsibility4 ,ignorance of the law is no excuse4 ,at first sight this would seem unjust1 since no one but a lawyer can be expected to have much legal knowledge4 ,but as law is simply common sense applied1 the exercise of ordinary judgment is usually sufficient to enable a person to act safely4 ,to present a few of the more common principles of commercial law1 is the purpose of the following pages4 ,,chapter ,,xxxi4 ,,contracts4 ,definitions4--,a contract is an agreement between two or more parties1 containing on the one hand an offer and on the other an acceptance4 ,contracts are express or implied4 ,an express contract is one whose terms are definitely stated in words2 an implied contract is one whose terms are understood from the circumstances4 ,a written contract is express2 an oral contract may be express or implied4 ,fundamental ,principles4--,every one able to contract is free to enter into any agreement not forbidden by law4 ,every such person is bound to fulfill every legal contract that he makes4 ,essential to a ,contract4--,to be binding1 however3 #a4 ,a contract must be to do a lawful act4 ,most contracts are permitted by law4 ,but a contract the carrying out of which is recognized as subversive of justice1 morality1 or the general welfare1 is illegal1 and therefore void4 #b4 ,the thing contracted to be done must be possible in its nature4 ,that a person finds it impossible under the circumstances to live up to his contract should not and does not release him from responsibility4 #c4 ,the parties to the agreement must be competent to contract4 ,persons not able to contract are minors1 lunatics1 idiots and drunk people1 and married women 7except in some states in relation to their separate estates74 ,the purpose of this arrangement is to protect those who cannot protect themselves4 ,a minor may1 however1 enforce a contract if he chooses to do so4 ,a contract with a minor for the necessaries of life1 when they are not or cannot be furnished by a parent or guardian1 is valid4 ,and any contract ratified by a minor after coming of age is binding upon him4 ,a person unable to contract personally cannot contract through an agent4 ,but he may act as an agent4 #d4 ,the parties to the contract must assent to it4 ,the assent must be voluntary4 ,it may be given by words1 by acts1 or by accepting the benefits of the offer4 ,if acceptance is by letter1 the contract is complete when the letter of acceptance is mailed4 ,the parties must assent to the same thing4 ,assent imposing a new condition is no assent4 #e4 ,the promise must be for a consideration4 ,the law will not compel a person to give something for nothing4 ,but the amount of the consideration is usually unimportant1 so long as it is reasonable4 ,anything is a consideration which is of benefit to the person promising or of loss or inconvenience to the other4 ,an illegal consideration is1 however1 not a consideration2 nor is the performance of a moral duty1 nor the doing of what would be a legal duty without the promise in question4 ,if the consideration fails1 the contract fails4 ,one has no right to sue on a contract unless he has performed or offered to perform his part4 #f4 ,the contract must be made without fraud4 ,fraud may be practiced in two ways1 by making statements known to be false or by concealing facts that ought to be revealed4 ,but if the parties meet on equal terms1 with the same sources of information1 and if nothing is done to conceal faults1 there is no fraud in law4 ,let the buyer beware1 is an ancient maxim1 and a buyer must exercise reasonable diligence and prudence4 ,fraud absolves the injured party1 but the defrauding party may be held to the contract2 that is1 the contract is voidable at the option of the party deceived4 #g4 ,some contracts must be in writing4 ,the principal classes of commercial contracts which must be in writing to be binding1 are3 7a7 agreements for the sale of property of more than a certain value2 7b7 agreements of guaranty2 7c7 agreements not to be performed within a year4 ,in the famous ,english ,statute of ,frauds1 which is the basis of the ,american local statutes on matters referred to in this section1 the value of personal property requiring written contract was ten pounds or fifty dollars4 ,in the ,united ,states the value varies in different states from #cj to #bjj4 ,but if part of the property is delivered or part of the purchase money is paid the whole contract is binding1 even if not in writing4 ,a guaranty is an agreement by which a person warrants that a certain third person shall duly perform an engagement4 ,thus if ,a obtains goods from ,b upon the assurance of ,c that they will be paid for1 ,c is said to guarantee the debt4 ,a contract which may be performed within a year does not come under the statute1 even if such performance seems improbable at the time of making the contract4 ,the style of the writing is immaterial--it may be formal or informal1 in ink or pencil4 ,it may be made by the principal or by his agent4 ,pertinent ,questions4 ,how are the laws--legislative enactments and decisions of the ,supreme ,court--made public8 ,why are they thus published8 ,tell whether the following agreements are valid contracts or not1 and why3 #a4 ,an agreement to print a libel4 ,a lease of a house for gambling purposes4 ,a contract executed on ,sunday4 ,a contract for work to be done for five consecutive days1 beginning on ,friday4 ,how would it affect the case if the work were the removing of goods from a building in imminent danger of falling8 ,the agreement of a tinsmith never again to work at his trade4 ,his agreement not to work at it within a specified time or in a certain town4 #b4 ,an agreement to swim across the ocean4 ,to pay for a horse at the rate of one kernel for the first nail in the horse's shoes1 two for the second1 four for the third1 eight for the fourth1 and so on4 ,to deliver goods at a certain time1 though the delivery at the proper time may be prevented by some accident4 ,is a person released from responsibility by sickness8 #c4 ,an agreement by an orphan to pay for necessaries at some future time4 ,if the price charged is exorbitant1 is he bound to pay it or only a fair market price8 ,a man while drunk buys a horse for which he has no use1 but after becoming sober continues to use the horse4 ,if the price is excessive1 how much must he pay8 ,when a married women buys goods on credit1 is she acting as the principal or as her husband's agent8 #d4 ,an order for goods to be sent to a man's house1 nothing being said about payment4 ,an offer retracted before acceptance4 ,an offer for a certain horse2 an acceptance under the impression that a different horse is meant4 ,a service permitted though uninvited2 give an example4 ,a man in ,st4 ,paul offers by letter a certain piece of property at a certain price to a man in ,chicago2 an hour after mailing the letter he changes his mind2 how can he prevent a contract8 #e4 ,a agrees to give ,b #be for a silver dime4 ,but if this particular dime were of a rare kind and desired by ,a1 a wealthy coin collector1 to complete a set1 would the consideration be sufficient8 ,an offer shouted from a fourth story window just as the roof is about to fall1 in consequence of which offer a fireman at unusual personal risk successfully attempts the rescue4 ,an offer and acceptance for a horse which is afterwards discovered to have been dead at time of sale4 ,a promise made under threat of spreading an infamous report4 ,an agreement for the purpose of securing the postponement of the payment of a debt4 ,how many considerations are there in a valid contract8 #f4 ,the sale of an unfashionable ready-made suit of clothes1 nothing being said about the style4 ,the sale of a plated watch chain1 the dealer permitting the purchaser to suppose it solid gold4 ,the sale of a blind horse1 nothing being said about its sight1 no effort being made to conceal its blindness1 and full opportunity for examination being given to the purchaser4 ,the sale of a house and lot at a certain price1 greater than the purchaser had at first intended to give1 upon the representation of the seller that he had been offered such a sum4 ,the purchase of a piece of land which unknown to the vendor contains a valuable mine1 nothing being said to mislead said vendor4 #g4 ,an oral order for goods to the value of #ejj4 ,how does the buyer's receiving part of the goods affect the matter8 ,how else could the contract be made binding8 ,what position does a person assume by endorsing a note8 ,by orally saying that a debt of another will be paid8 ,an oral engagement made ,december first to work a year beginning ,january first4 ,,chapter ,,xxxii4 ,,agency4 ,definitions4--,an agent is a person authorized to act for another in dealing with third parties4 ,the one for whom the agent acts is called the principal4 ,authority of ,agent4--,an agent's authority may be granted orally or in writing4 ,when written it is called a power of attorney4 ,a general agent has all the authority implied in his employment4 ,a special agent has only such authority as is specifically granted4 ,responsibility of the ,principal4--,between the principal and his agent responsibility is determined by their contract4 ,expressly or impliedly the principal agrees to pay for the service rendered4 ,it is in the principal's relation to third parties that the most important rule of agency appears4 ,it is this3 ,the principal is responsible for the authorized acts of his agent4 ,the theory is that the acts are those of the principal1 the agent being merely an instrument4 ,and accordingly1 the principal is bound not only by such acts of his agent as he has really authorized1 but also by such as he apparently authorizes4 ,responsibility of ,agent4--,the agent is responsible to his principal for any violation of their contract4 ,expressly or impliedly he is bound to obey orders1 to exercise ordinary skill and care in the performance of his duty1 and to refrain from putting his interests in adverse relation to those of his principal4 ,to the third party the agent is not responsible1 except in the following cases3 ,when he specifically assumes responsibility1 when he conceals the identity of his principal1 when he exceeds his authority1 or when he acts fraudulently4 ,termination of ,agency4--,an agency terminates at the death of either principal or agent4 ,it may also be terminated by revocation of authority1 which takes effect upon receipt of the notice1 or by the bankruptcy or lunacy of the principal1 judicially declared4 ,pertinent ,questions4 ,in the following cases name the principal1 the agent1 and the third party3 ,a clerk in a store2 a man employed to sell goods by sample2 a cashier in a bank2 a conductor on a train2 a commission merchant2 a partner acting for a firm1 a sheriff4 ,may a minor act as principal8 ,as agent8 ,a watch left at a jeweler's store for repairs is injured by the workman2 who is responsible to the owner8 ,on account of a road overseer's neglect a horse is injured by stepping through a hole in a bridge2 to whom shall the owner look for damages8 ,if a person is notified that another claims to represent him as agent and he neglects to repudiate the claim1 is he responsible for acts of the claimant as agent8 ,may an agent having authority to fix prices sell to himself8 ,may a clerk in a store take goods at regular marked prices8 ,an agent transacts business after his principal's death but before he has received notice thereof1 is the transaction binding upon the heirs8 ,,chapter ,,xxxiii4 ,,partnership4 ,what it is4--,partnership is the relation existing between persons who have agreed to combine their property or skill for the prosecution of a given enterprise1 and to share the profits or losses resulting therefrom4 ,how ,formed4--,partnership being a matter of agreement is subject to the law of contracts4 ,when the agreement is in writing1 it is called articles of copartnership4 ,the articles usually specify the parties and the firm name1 the nature and the location of the business to be carried on1 the investment of each party1 the basis for apportioning profits and losses1 and sometimes the duration of the co-partnership4 ,there are generally other provisions1 their nature depending upon the circumstances4 ,responsibility4--,as to each other1 the partners have the rights and duties which they agree upon4 ,as to third parties1 the two most important rules of law are3 first1 that the firm is bound by the acts of each member1 in matters pertaining to the firm's business2 second1 each member is liable for all the debts of the firm4 ,dissolution4--,if the duration of the partnership is not specified1 it may be dissolved by any partner at any time4 ,if its duration is specified1 it expires1 of course1 by limitation or by mutual consent4 ,in either case1 the death of a partner dissolves the firm4 ,if a partner becomes insane or acts fraudulently1 the partnership may be dissolved by a decree of the court4 ,the sale of an interest 7which must have the consent of each partner7 dissolves the partnership and forms a new one4 ,notice of ,dissolution4--,that the retiring partners may be freed from responsibility for new debts1 if the dissolution be by sale of interest 7and this is a very common way71 notice of the dissolution must be given to the world1 and special notice of the fact must be given to those from whom the firm has been in the habit of buying4 ,limited ,partnership4--,in most states1 what is called a limited partnership may be formed1 whereby the responsibility of some of the partners may be limited to their investment in the business4 ,by this arrangement the private property of the special partners 7as they are called7 cannot be taken for debts of the firm4 ,in such a case1 however1 it is but just1 and the law therefore demands1 that notice of the fact of limited responsibility be given and that no appearance of responsibility be assumed4 ,to this end it is required3 7a7 that the articles of copartnership be in writing1 and that they be published and recorded2 7b7 that the amount contributed by the special partners be actually paid in2 7c7 that the names of the special partners do not appear in the firm name2 7d7 that they take no active part in the management of the business4 ,pertinent ,questions4 ,why are partnerships formed8 ,may one person invest money while another invests skill8 ,is a person who receives a percentage of his sales by way of salary a partner8 ,why cannot a partner sell his interest without consulting the other members of the firm8 ,why may the fraudulent act of a partner dissolve the firm8 ,why does the death of a member end the firm--that is1 why not let his heir succeed to his right in the firm as he succeeds to his real estate8 ,may the private property of a partner be taken to satisfy the debts of his firm8 ,may the firm's property be taken to satisfy the debt of one of its members8 ,can men dissolve their debts by dissolving their partnership8 ,if one partner continues the business agreeing to pay all indebtedness of the firm1 is the retiring partner released from obligation in relation to the debts8 ,show the justice of each requirement in case of special partners4 ,,chapter ,,xxxiv4 ,,corporations4 ,purpose--,partnership enables a number of persons1 as we have seen1 to accomplish by combining their property and skill what would be unattainable by them acting individually4 ,but the individual responsibility involved in partnership1 and the difficulty of transferring interest1 render necessary some other mode of combining capital for carrying on enterprises requiring vast resources1 and1 from their nature1 demanding long time and freedom from interruption for their accomplishment4 ,for instance1 no one would dare to assume personal responsibility for the debts of a railroad1 nor could such an enterprise be managed if every transfer of interest dissolved the company4 ,the desired limitation of responsibility and facility of transfer of interest are secured by the formation of corporations4 ,nature4--,but responsibility there must be1 or the combination could transact no business4 ,and responsibility depends upon personality--a thing cannot be held responsible4 ,as this personality does not exist aside from the persons of those uniting their resources1 it must be created4 ,the creative power is the legislature4 ,the personality created is the corporation4 ,footnote3 ,from the ,latin corpus1 corporis1 a body4 ,a corporation is1 therefore1 an artificial or fictitious person1 created under general law or by a special act of the legislature1 ,footnote3 ,this special act defining the powers and duties of the corporation is called its charter4 and capable of acting within prescribed limits as if it were a natural person1 but beyond those limits incapable of acting at all4 ,management4--,the persons who contribute to the capital of the corporation1 or company1 receive certificates of stock1 that is1 pieces of paper certifying that said persons own so many shares in the company4 ,the capital1 be it remembered1 is the property of the corporation1 not of the individuals4 ,the number of these stockholders may be large or small1 a dozen or a thousand4 ,the general management of corporate business is necessarily entrusted to a small number of persons called directors4 ,these are elected by the stockholders1 each share having one vote4 ,the directors select from their own number a president1 a secretary1 and other necessary officers4 ,these persons and the other agents of the corporation carry out the policy determined upon by the directors4 ,why ,limited in ,powers4--,the question suggests itself1 ,why can a corporation do only certain things8 ,the most obvious answer is1 that this is consequent upon its mode of creation4 ,being a creature of the legislature1 it can have only those powers which are specifically or impliedly granted to it4 ,but pushing the matter farther1 it may pertinently be asked1 ,why doesn't the legislature endow it with power to do anything that may properly be done by a natural person8 ,two reasons1 at least1 appear4 ,first1 from the corporation's standpoint1 it is a matter of business prudence to have its purpose and powers defined3 7a7 to enable it to secure subscribers to its stock1 as no one would like to risk his money blindly2 and 7b7 because thus only can the directors be held to accountability4 ,second1 from the standpoint of the public1 for whom the legislature acts1 the defining is necessary in order that corporations may be controlled and dangerous combinations prevented4 ,in this connection it may be noted that corporations are granted some privileges not possessed by individuals4 ,for instance1 private property such as land may be taken1 even against the wishes of the owner1 to permit the building of a railroad4 ,this can be done1 however1 only on the ground of public good1 and by giving the owner just compensation4 ,responsibility4--,a corporation1 like any other person is responsible for any contracts that it makes1 within its charter4 ,it necessarily acts entirely through agents1 hence the law of agency has an important bearing upon all contracts with a corporation4 ,debts incurred lie against the corporation1 not as a rule against the stockholders individually4 ,sometimes stockholders are by the charter made liable to limited extent1 say to an amount equal to the par value of their stock4 ,dissolution4--,some companies are incorporated so that they may last forever4 ,others are incorporated for a specified time4 ,the latter expire by limitation or by becoming insolvent4 ,a corporation of either kind may secure dissolution by voluntarily surrendering its charter4 ,and sometimes the legislature reserves in the charter the right to dissolve the company under certain conditions4 ,the affairs of a corporation are usually closed up by a receiver1 who collects the bills1 disposes of the property1 pays the indebtedness as far as he can1 and distributes the residue among the stockholders4 ,,comparison ,,of ,,partnership ,,with ,,corporation4 ,,points ,,of ,,partnership4 ,,corporation4 ,,comparison4 #a4 ,status4 ,a collection of natural ,a fictitious person4 persons4 #b4 ,formation4 ,by agreement4 ,by legislative enactment4 #c4 ,powers4 ,those of natural persons4 ,only those conferred by law4 #d4 ,debts4 ,all partners liable for all ,stockholders not debts4 usually liable4 #e4 ,transfer of ,dissolves partnership4 ,new stockholder interest by sale succeeds to shares of or death4 the old4 ,pertinent ,questions4 ,who constitute the managing body in a school district8 ,in a town8 ,in a village8 ,in a city8 ,in a county8 ,in the state8 ,in the ,united ,states8 ,footnote3 ,the ,united ,states3 ,its charter1 the constitution4444 ,its flag the symbol of its power2 its seal1 of its authority4--,dole4 ,in a railroad8 ,in a mining company8 ,in a bank8 ,in a church8 ,in a college8 ,write a list of all the corporations that you know or have ever heard of1 grouping them under the heads public and private4 ,how could a pastor collect his salary if the church should refuse to pay it8 ,could a bank buy a piece of ground on speculation8 ,to build its banking-house on8 ,could a county lend money if it had a surplus8 ,state the general powers of a corporation4 ,some of the special powers of a bank4 ,of a city4 ,a portion of a man's farm is taken for a highway1 and he is paid damages2 to whom does said land belong8 ,the road intersects the farm1 and crossing the road is a brook containing trout1 which have been put there and cared for by the farmer2 may a boy sit on the public bridge and catch trout from that brook8 ,if the road should be abandoned or lifted1 to whom would the use of the land go8 ,,chapter ,,xxxv4 ,,commercial ,,paper4 ,kinds and ,uses4--,if a man wishes to buy some commodity from another but has not the money to pay for it1 he may secure what he wants by giving his written promise to pay at some future time4 ,this written promise1 or note1 the seller prefers to an oral promise for several reasons1 only two of which need be mentioned here3 first1 because it is prima facie evidence of the debt2 and1 second1 because it may be more easily transferred or handed over to some one else4 ,if ,j4,m4 ,johnson1 of ,saint ,paul1 owes ,c4,m4 ,jones1 of ,chicago1 a hundred dollars1 and ,nelson ,blake1 of ,chicago1 owes ,j4,m4 ,johnson a hundred dollars1 it is plain that the risk1 expense1 time and trouble of sending the money to and from ,chicago may be avoided1 and the indebtedness wiped out by ,j4,m4 ,johnson ordering ,nelson ,blake to pay the hundred dollars to ,c4,m4 ,jones4 ,the written order to this effect1 called a draft1 would be sent to ,c4,m4 ,jones1 who would present it for payment to ,nelson ,blake1 and upon receiving his money would turn the draft over to ,blake4 ,to avoid the risk of being robbed1 merchants and some others are in the habit of depositing each evening in a bank the receipts of the day1 with the understanding that the money will be paid out1 at any time1 to any person whom they order it paid to4 ,the order on the bank is called a check4 ,it is very easy to see that these three devices are of immense value to the commercial world2 the first by rendering available future resources1 and the other two by enabling payments to be made safely4 ,definitions4--,a note is an unconditional promise in writing1 to pay a definite sum of money at a certain time to a specified person4 ,a draft is an order1 written by one person and addressed to another1 directing him to pay a definite sum of money at a certain time to a specified third party4 ,a check is a draft for immediate payment1 drawn upon a bank or banker4 ,in the case of a note1 the person who promises to pay is called the maker of the note2 and the person named to be paid1 the payee4 ,in the case of a draft or check1 the person ordering the payment is called the drawer2 the person addressed1 the person drawn upon or the drawee2 and the person to be paid1 the payee4 ,negotiability4--,the payee in any of these cases may wish to transfer the paper to some other person4 ,for instance1 the holder of the note may wish to use the money before it is due1 or the payee of a draft may wish to realize without going to the drawee4 ,in either case1 the desired accommodation can be secured only by selling the paper to some one else4 ,this ability to be transferred is part of what is meant by the term negotiability4 ,but this liability to have to pay another person than the one named1 cannot be imposed upon the maker or drawer without his consent4 ,this he gives by inserting after the name of the payee the words or order1 or the words or bearer4 ,in the latter case1 whoever holds the paper when it becomes due can collect upon it4 ,in case the former words are used1 the paper can be transferred only by indorsement1 of which more anon4 ,a very important characteristic of negotiability is that it enables a person to grant to another rights which he may not himself possess4 ,to illustrate3 ,as between the maker and the payee1 a note is a contract1 and is binding only if it has all the requisites of a binding contract4 ,therefore1 if there was no consideration1 or if the note was obtained by fraud or by intimidation1 the payee1 knowing these facts1 has no right to collect upon the note1 and he could not by law compel payment4 ,but with a third party it is different4 ,he sees only the note1 and may not-- presumably does not--know anything else about the contract4 ,to compel him before buying the note to learn all the details of its history1 might be embarrassing to the parties1 even where everything is all right1 and would certainly delay1 perhaps materially1 the transfer4 ,therefore1 to enable people to keep their business to themselves1 and to facilitate transfers of commercial paper1 it has seemed best not to require this investigation4 ,the law presumes that when a person makes a transferable note1 he has done so deliberately2 and if loss ensues1 it says that he must bear it rather than the innocent purchaser of his note4 ,conditions of ,negotiability4--,but this peculiar protection is given1 be it observed1 only to an innocent purchaser4 ,if in good faith1 in the regular course of business1 a person comes into possession of commercial paper1 negotiable in form1 not yet mature1 and for which he has given a reasonable consideration1 he can collect on it4 ,on the other hand1 if he has found the paper or stolen it1 or if he has bought it under circumstances calculated to raise a suspicion as to right of the seller1 he should not have1 and will not by law receive1 this privilege4 ,thus if a man is offered commercial paper of perfectly responsible parties at one-third its value1 it would be reasonable to suppose that the person offering it had found or stolen it1 and the buyer would obtain only the rights of the person from whom he bought4 ,or if a note past due is offered for sale1 the presumption is that it is paid or that it is for some reason uncollectable1 and the purchaser would buy at his peril4 ,in other words1 if there is anything on the face of the paper or in the circumstances of the case to warn the purchaser1 he buys at his own risk1 and secures only such rights as the vendor has4 ,transfer4--,negotiable paper with the words or bearer is transferable by delivery alone4 ,if made payable to some person or order1 it is transferable only by his indorsement4 ,an indorsement in full consists of the signature of the payee and his order that the money be paid to a specified person4 ,an indorsement in blank consists simply of the signature of the payee4 ,the effect of the latter mode of indorsing is to make the paper payable to bearer4 ,responsibility of ,maker4--,a note being a contract1 the maker of one is responsible to the payee1 as has been said1 only if all the requisites of a binding contract are present4 ,if the note is negotiable in form1 he is responsible to the innocent purchaser of it4 ,responsibility of ,drawee4--,the person drawn upon may know nothing of the draft4 ,he cannot be made a party to a contract without his knowledge and consent4 ,that he may have knowledge of the draft1 it must be presented to him4 ,if upon seeing it he is willing to assume the responsibility of paying it when due1 he signifies his willingness by writing across the face of the draft the word accepted1 with the date of presentation and his name4 ,the draft thereby becomes his unconditional promise1 and he becomes the principal debtor1 occupying the position of a maker of a note4 ,responsibility of ,indorser4--,when a person endorses any commercial paper1 he not only expresses thereby his consent to the transfer of it1 but he also enters into a conditional contract with each person who may afterward come into possession of the paper1 whereby he becomes responsible for its payment1 if the principal debtor fails to meet his obligation4 ,to fix responsibility upon an indorser1 payment must be demanded of the principal debtor on the very day when the obligation matures1 and if payment is not made notice of the fact must be sent to the indorser before the end of the following day4 ,responsibility of ,drawer4--,between the drawer and the payee a draft is a conditional contract1 whereby the former impliedly agrees to pay the draft if the person drawn upon does not4 ,his obligation is that of a surety or first indorser4 ,to fix responsibility upon the drawer1 the holder of the draft must promptly present it for acceptance to the person drawn upon2 then1 if it is not accepted1 he must immediately notify the drawer4 ,forged ,paper4--,forgery is the fraudulent making or altering of a written instrument4 ,one whose name is forged cannot be made responsible1 since the act is not his4 ,and since money paid under a mistake must be refunded1 a person who1 deceived by the skill of the forger1 should pay the seeming obligation1 would be entitled to get his money back4 ,but every person is bound to use reasonable effort to prevent forgery4 ,thus1 if a merchant writes out a note all but the amount1 and authorizes a clerk to put that in at some other time1 and the clerk inserts a larger sum1 any innocent purchaser can compel the merchant to pay the full amount4 ,in some states it is held that a person who leaves space in an obligation wherein the amount can readily be raised1 is bound to stand the loss caused by his negligence4 ,accommodation ,paper4--,a man may be perfectly willing to lend a friend some money and yet be unable to do so4 ,he may1 however1 in any one of several ways1 make it possible for his friend to obtain the money4 ,thus ,a1 wishing to accommodate his friend ,b1 may make a note payable to ,b's order2 or he may endorse ,b's note2 or he may make a draft payable to ,b's order2 or he may accept ,b's draft on him4 ,by selling the paper1 ,b secures the money desired4 ,the implied contract between ,a and ,b is that ,b will pay the obligation4 ,in none of these cases could ,b compel ,a to pay him any money1 because the contract between them lacks consideration4 ,but ,a would be responsible to an innocent purchaser1 because there is nothing on the face of the paper to indicate the defect4 ,and he would be responsible even to a purchaser who knows the paper to be accommodation1 because by signing he binds himself to pay if ,b does not1 and his signature is what enables the sale to be made4 ,certified ,checks4--,business men make most of their payments by check4 ,if the receiver of a check does not1 for any reason1 wish the money1 he may deposit the check in the bank as if it were cash4 ,if he is going away from home1 or if he wishes to make a payment in some other place1 he may save the expense of a draft1 and make a check equally as acceptable1 by getting the cashier of the bank to certify it1 that is to state officially that the drawer has the money in the bank4 ,this he does by writing across the face of the draft the word ,good1 with his signature as cashier4 ,when this is done the responsibility rests primarily on the bank4 ,it occupies the position of the acceptor of a draft4 ,pertinent ,questions4 ,two of the following are valid notes2 which two8 ,the others are not2 ,why8 #a4 ,march #e1 #ahij1 ,i promise to pay ,john ,smith one hundred dollars1 if he is then living4--,william ,jones4 #b4 ,on or before ,march #e1 #ahij1 ,i promise to pay ,john ,smith one hundred bushels of wheat4--,william ,jones4 #c4 ,on ,march #e1 #ahij1 ,i promise to pay ,john ,smith whatever is then due him4-- ,william ,jones4 #d4 ,when he comes of age1 ,i promise to pay ,john ,smith one hundred dollars4--,william ,jones4 #e4 ,march #e1 #ahij1 ,i promise to pay one hundred dollars4--,william ,jones4 #f4 ,one year after date1 ,i promise to pay to ,john ,smith one hundred dollars4--,william ,jones4 #g4 ,mankato1 ,minn41 ,december #aa1 #ahhh4 ,one year after date ,i promise to pay ,john ,smith one hundred dollars4 #h4 ,on the death of his father1 ,i promise to pay ,john ,smith one hundred dollars4--,william ,jones4 #i4 ,on ,march #e1 #ahij1 ,i1 ,william ,jones1 promise to pay ,john ,smith one hundred dollars4 ,how many parties may there be to a note8 ,how many1 at least1 must there be8 ,as between them1 must there be consideration to make it binding8 ,must the words for value received appear on the note8 ,a note being a contract1 what things are necessary to make it binding8 ,write two valid notes in different forms4 ,write a negotiable note transferable without indorsement4 ,a note transferable by indorsement4 ,which is safer to carry in the pocket8 ,why8 ,which imposes the less responsibility if transferred8 ,if you were taking a note payable to bearer1 would you require the person from whom you were getting it to indorse it8 ,a man has some non-negotiable notes2 if he dies can his heir collect them8 ,a note payable to order is indorsed in blank2 to whom is it payable8 ,may a note payable to bearer be made payable only to order8 ,when does a note cease to be negotiable8 ,under what circumstances may a person have to pay a note which he has already paid8 ,what is a greenback8 ,how many persons1 at least1 must there be to an accepted draft8 ,when does the responsibility of the drawer begin8 ,that of the person drawn upon8 ,how does the acceptance of a draft affect the responsibility of the drawer8 ,if the draft is not accepted1 to whom shall the holder look for pay8 ,are drafts negotiable before acceptance8 ,compare and contrast a note and a draft4 ,a draft and a check4 ,is the bank under any obligation to the holder of an uncertified check8 ,does certifying a check release the drawer of it8 ,are checks negotiable8 ,what responsibility does an indorser assume in case of a note8 ,of an unaccepted draft8 ,of an accepted draft8 ,of a check8 ,what does without recourse mean8 ,to how many persons is the maker of a note responsible8 ,the first indorser8 ,the second8 ,how can the first indorser be distinguished from the second8 ,to whom is the second indorser not responsible8 ,who are not responsible to the holder of a negotiable paper unless notified8 ,who are responsible without notice8 ,what principle do you discover8 ,when is a demand note due8 ,a check8 ,a time note8 ,a sight draft8 ,a time draft8 ,what should you do1 and why1 in the following cases3 #a4 ,when you pay a note8 #b4 ,when you make a partial payment on a note8 #c4 ,if you should lose a note8 #d4 ,if you have a note without indorsees1 to render the maker responsible8 #e4 ,if you hold a note having indorsers1 to render the indorsers responsible8 #f4 ,if you hold an unaccepted draft8 #g4 ,in case acceptance is refused8 #h4 ,if you hold an accepted draft8 #i4 ,if the acceptor fails to pay when the paper becomes due8 #aj4 ,if you hold an uncertified check1 in order to render the drawer responsible8 #aa4 ,if it is indorsed1 to make the indorsers responsible8 #ab4 ,if you have a certified check1 to make the bank responsible8 #ac4 ,if you are a third indorser of a note1 whom can you hold responsible in case the paper is dishonored1 and how8 #ad4 ,if you have a bearer note and you wish to transfer it without assuming responsibility8 #ae4 ,how if it is an order note8 ,,appendix ,a4--,,forms4 ,,town ,,business4 ,i4 ,organization of a ,town4 ,,petition4 ,to the board of county commissioners of the county of 1 3 ,the undersigned1 a majority of the legal voters of congressional township number north1 of range number west1 in said county1 containing not less than twenty-five legal voters1 hereby petition your honorable board to be organized as a new town under the township organization law1 and respectfully ask that you forthwith proceed to fix and determine the boundaries of such new town and to name the same 7giving the proposed name47 7,dated1 and signed by a majority of all the legal voters in the town47 ,,commissioners' ,,report4 ,state of 1 county of 1 ss4 ,upon receiving a petition of a majority of all the legal voters of congressional township number north1 of range number west1 in said county1 asking that the same be organized as a new town under the township organization law1 to be named 1 we1 the county commissioners of said county did1 on the day of ,a4,d4 #ah1 proceed to fix the boundaries of such new town and name the same 1 in accordance with the said petition1 and designated as the place for holding the first town meeting in such town1 to be held on 1 #ah4 ,the boundaries of said town of 1 as fixed and established by us1 are as follows3 7,beginning at the southeast corner of section 1 town north1 of range west1 thence west on the township line to the southwest corner of section 1 town and range as aforesaid1 thence north1 c41 giving the boundary lines complete47 ,given under our hands this day of 1 #ah4 ,auditor's official seal4 7,signed by the ,commissioners47 ,attest3 ,o4,j41 ,county ,auditor4 ,,ii4 ,elections4 ,,notice ,,of ,,annual ,,election4 ,notice is hereby given1 that on ,tuesday1 the day of ,november1 #ah1 at 1 in the election district composed of the 1 in the county of 1 and state of 1 an election will be held for 7here name the state1 judicial1 congressional1 legislative and county officers to be elected72 7if constitutional amendments are to be submitted1 add37 also the following amendments to the constitution of the state will be submitted to the people for their approval or rejection1 viz43 amendment to section 1 article 1 of the constitution 7naming each one proposed72 7and if any special matters1 such as removal of county seat1 c41 are to be voted on1 then specifically state them72 which election will be opened at nine o'clock in the morning1 and will continue open until five o'clock in the afternoon of the same day1 at which time the polls will be closed4 ,dated at this day of ,october1 #ah4 ,c4,o4,s41 ,town ,clerk 7or ,city or ,village ,recorder47 ,,register ,,poll ,,list4 ,list of qualified electors in the election district composed of the of 1 in the county of 1 and state of 1 for an election to be held in the said election district1 on ,tuesday1 the day of ,november1 #ah3 ,adams1 ,james ,little1 ,joseph ,babcock1 ,george ,mann1 ,oscar4 7,write the surnames in alphabetical order1 and leave sufficient space between the alphabetical letters to insert all additional names47 ,notice is hereby given that the undersigned judges of election of said election district1 will be present at the 1 in said 1 at the times named below1 for the purpose of making corrections in the foregoing list1 viz43 ,on ,wednesday1 ,october 1 and 7here insert the days and times of the day they are to meet71 from #i o'clock ,a4,m4 till #d o'clock ,p4,m4 of each day1 and also on the morning of election day1 from #g o'clock ,a4,m4 to #i o'clock ,a4,m4 ,given under our hands this day of ,october1 #ah4 7,signed by all the judges of election47 ,,minutes ,,of ,,town ,,meeting4 ,at the annual 7special7 town meeting held in the town of 1 county of 1 state of 1 at 1 on the day of 1 #ah 1 the meeting was called to order by ,r4,g41 town clerk4 ,m4,j4,h4 was then chosen to preside as moderator of the meeting4 ,the moderator1 at the opening of the meeting1 stated the business to be transacted and the order of the same as follows3 ,that the business to be transacted would be to elect three supervisors1 c41 7stating the officers to be elected17 and to do any other business proper to be done at said meeting4 ,that said business would be entertained in the following order3 #ast--,the election by ballot of town officers1 the polls to be kept open throughout the day4 #b;d--,at one o'clock ,p4,m41 election of overseers of highways for each road district in the town4 #c;d--,that immediately following the election of overseers of highways the general business of the town would be taken up and proceeded with until disposed of4 ,proclamation of opening the polls was then made by the moderator and the polls opened and the election of town officers proceeded4 ,the hour of one o'clock ,p4,m4 having arrived and the general business of the town being now in order1 the following named persons were elected1 by ayes and noes1 overseers of highways for the ensuing year in the following road districts1 viz43 7here give the numbers of the road districts and the names of the persons elected overseers thereof47 ,a4,b4 was elected poundmaster of said town4 ,on motion1 ordered that a pound1 c41 7give the location1 cost1 c41 of pound1 if ordered47 ,the following three places were determined and designated by the voters present as the most public places in said town for the posting up of legal notices1 and suitable posts for such purpose were ordered to be erected or maintained by the supervisors at each of such places1 viz43 7describe the places47 ,the supervisors submitted to the electors a report of all the places at which guide posts are erected and maintained within the town1 and of all places at which1 in their opinion1 they ought to be erected and maintained4 ,thereupon1 it was ordered that guide posts be erected and maintained at the following places1 viz43 7describe the places47 ,the town clerk read publicly the report of the board of auditors1 including a statement of the fiscal concerns of the town and an estimate of the sum necessary for the current and incidental expenses of the town for the ensuing year4 ,the supervisors rendered an account in writing1 stating the labor assessed and performed in the town1 the sums received by them for fines and commutation1 c42 a statement of the improvements necessary to be made on the roads and bridges1 and an estimate of the probable expense of making such improvements beyond that of the labor to be assessed for this year1 that the road tax will accomplish2 also a statement in writing of all expenses and damages in consequence of laying out1 altering or discontinuing roads4 ,on motion1 it was ordered that the following sums of money be raised by tax upon the taxable property in said town for the following purposes for the current year3 7enter the specific amounts carefully47 ,on motion of ,h4,s4,h4,h41 the following by-law was adopted1 ayes 1 noes 3 ,it is hereby ordered and determined that it shall be lawful for horses1 mules and asses to run at large in the town of 1 in the day time1 from the first day of ,april to the #aeth day of ,october1 in each year1 until further ordered4 ,on motion1 it was resolved1 c41 7set forth in order each resolution or order as it transpires47 ,the next annual town meeting was ordered to be held at 7naming the place47 ,at five o'clock the polls were closed1 proclamation thereof being made by the moderator4 ,the judges then proceeded to publicly canvass the votes1 and the persons having the greatest number of votes for the respective offices voted for were declared elected4 ,,statement ,,of ,,result ,,of ,,canvass4 7,to be read publicly47 ,the following is a statement of the result of the canvass of votes by ballot for the election of officers at the annual town meeting in the of 1 county of 1 and state of 1 ,march 1 #ah1 as publicly canvassed by the judges at said meeting3 ,h4,b4 had votes for chairman of supervisors4 ,j4,l4 had votes for chairman of supervisors4 ,h4,b4 was declared elected chairman of supervisors4 7,in this way give a statement of the votes cast for each officer47 ,on motion the meeting adjourned without day4 ,j4,h4,t41 ,c4,o4,c41 ,judges ,attest3 ,r4,g41 ,clerk4 ,,official ,,oath4 ,state of 1 county of 1 town of 1 ss4 ,i1 ,j4,a41 do solemnly swear 7or affirm7 that ,i will support the constitution of the ,united ,states and of the state of 1 and faithfully discharge the duties of the office of of the town of 1 in the county of 1 and state of 1 to the best of my ability4 ,j4,a4 ,subscribed and sworn to before me this day of ,a4,d4 #ah ,t4,s41 ,justice of the ,peace4 ,,official ,,bond4 ,know all men by these presents1 that we1 ,r4,s41 as principal1 and ,b4,b4,s4 and ,j4,e4 as sureties1 all of the county of 1 and state of 1 are held and firmly bound unto ,j4,d4,e41 ,e4,c41 and ,e4,e41 as supervisors of the town of 1 in said county1 and their successors in office1 in the sum of 7five hundred7 dollars1 lawful money of the ,united ,states of ,america1 to be paid to them as such supervisors1 their successors or assigns2 for which payment well and truly to be made1 we bind ourselves1 our heirs1 executors and administrators1 jointly and severally1 firmly by these presents4 ,sealed with our seals dated the day of 1 #ah4 ,the condition of the above obligation is such1 that whereas1 the above bounded ,r4,s4 was1 on the day of 1 ,a4,d4 #ah1 duly elected 7or appointed7 in and for the town of 1 in said county1 for the term of 1 and is about to enter upon the duties of said office2 now1 therefore1 if the said ,r4,s4 shall1 will and does faithfully discharge all his duties as such in and for said town1 then the above obligation to be void1 otherwise to remain in full force and virtue4 ,r4,s4 ,seal4 ,b4,b4,s4 ,seal4 ,j4,e4 ,seal4 ,sealed and delivered in presence of ,j4,b4 and ,g4,j4 ,state of 1 ,county of 1 ss4 ,on this day of 1 ,a4,d4 #ah1 before me1 the subscriber1 a in and for said county1 personally appeared to me known to be the person described in1 and who executed the foregoing instrument1 and acknowledged that he executed the same as free act and deed4 ,county of 1 ss4 ,b4,b4,s4 and ,j4,e41 being duly sworn1 say each for himself1 that he is surety in the within bond2 that he is a resident and freeholder of the state of 1 and that he is worth the sum of 7five hundred7 dollars over and above his debts and liabilities1 and exclusive of property exempt from execution4 ,b4,b4,s4 and ,j4,e4 ,subscribed and sworn to before me1 this day of 1 #ah4 ,w4,r4,p41 ,justice of the ,peace4 7,after folding the instrument the approving officer must indorse on its back the following words37 ,i hereby approve the within bond and the sureties therein contained1 this day of 1 #ah4 7,signed officially by the approving officer47 ,,notice ,,to ,,clerk ,,of ,,district ,,court ,,of ,,election ,,of ,,justice ,,of ,,the ,,peace4 ,state of 1 county of 1 town of 1 ss4 ,to ,h4,a4,b41 7address17 clerk of the district court of the county of 4 ,you are hereby notified that at the town meeting held in the town of 1 in the county of 1 and state of 1 on the day of ,march1 ,a4,d4 #ah1 ,p4,e4,c4 was duly elected to the office of justice of the peace1 for the term of two years4 7,if elected to fill a vacancy1 state who was the last incumbent47 ,given under my hand1 this day of ,march1 ,a4,d4 #ah4 ,a4,r41 ,town ,clerk4 ,,iii4 ,roads4 ,,petition4 ,to the supervisors of the town of 1 in the county of 1 and state of 3 ,the undersigned1 legal voters 7who own real estate1 or who occupy real estate under the homestead or pre-emption laws of the ,united ,states1 or under contract from the state of 1 within one mile71 7or who are freeholders and residents of the town within two miles7 of the road to be laid out 7or altered1 or discontinued71 hereby petition you to lay out a new road 7or alter1 or discontinue a road7 as follows3 ,beginning 7give the point at which it is to commence1 its general course and its termination47 ,the description of the lands over which the said 7new7 road passes1 and the names of the owners thereof which are known1 as well as the lands whose owners are unknown1 are as follows3 7,give the owners of the lands that are known and describe the lands whose owners are unknown47 ,and your petitioners pray that you will proceed to lay out said new road and cause the same to be opened 7or alter1 or discontinue said road7 according to law4 7,dated1 and signed by at least six resident legal voters owning real estate or occupying ,united ,states or school lands within one mile1 or at least eight resident freeholders within two miles of the road47 ,,proof ,,of ,,posting4 ,state of 1 county of 1 town of 1 ss4 ,d4,s4 being sworn1 says1 that on the day of 1 #ah1 he posted copies of the within petition in three of the most public places of said town1 to-wit3 ,at 7naming the places47 ,d4,s4 ,subscribed and sworn to before me this day of 1 #ah4 ,e4,w4,r41 ,justice of the ,peace4 ,,supervisors' ,,notice ,,of ,,hearing4 ,notice is hereby given that the supervisors of the town of 1 in the county of 1 and state of 1 will meet on the day of ,a4,d4 #ah1 at o'clock in the noon1 at 1 in said town1 for the purpose of personally examining the route named below1 proposed for a new 7or altering1 or discontinuing a7 road1 and for hearing all reasons for or against said proposed laying out 7or altering1 or discontinuance7 and deciding upon said application4 ,said proposed new road 7or alteration1 or discontinuance7 as described in the petition is as follows3 7,here give the description of the route as contained in the petition47 ,the several tracts of land through which said road will pass 7passes7 and the occupants thereof1 as nearly as we can determine the same1 are as follows3 7,give a description of the lands and the names of the occupants1 and if any have no occupants and the owners are unknown1 state that fact47 7,dated1 and signed officially by the supervisors47 ,,proof ,,of ,,posting ,,notice4 ,state of 1 county of 1 town of 1 ss4 ,d4,s4 being sworn1 says that on the day of 1 ,a4,d4 #ah1 he served the within notice upon each of the occupants of the land through which the within described road may pass1 by leaving copies as follows3 ,to ,a4,b4 personally2 to ,c4,d4 at his usual place of abode with ,e4,f41 a person of suitable age and discretion1 7describing each service47 ,that1 also1 on the day of ,a4,d4 #ah1 he posted copies of the within notice in three public places in said town1 to-wit3 ,at 7naming the places47 ,d4,s4 ,subscribed and sworn to before me this day of 1 #ah4 ,e4,w4,r41 ,justice of the ,peace4 ,,supervisor',s ,,road ,,order4 ,state of 1 county of 1 town of 1 ss4 ,whereas1 upon the petition of 7six7 legal voters1 owning real estate1 or occupying real estate under the homestead or pre-emption laws of the ,united ,states1 or under contract from the state of 1 within one mile 7or eight legal voters1 freeholders and residents of the town1 within two miles71 of the road proposed in said petition to be laid out 7altered or discontinued71 copies of said petition having been first duly posted up in three of the most public places of said town at least twenty days before any action was had in relation thereto1 proof of which posting was duly shown to us by affidavit2 ,which said proposed new road 7alteration or discontinuance7 is set forth and described in said petition as follows1 viz43 ,beginning1 etc41 7set forth the road as given in the petition47 ,and whereas1 upon receiving said petition we did1 within thirty days thereafter1 make out a notice and fix therein a time and place at which we would meet and decide upon such application1 to-wit3 on the day of 1 ,a4,d4 #ah1 at 1 causing copies of such notice to be posted in three public places in said town1 at least ten days previous to such meeting2 and having met at such time and place as above named in said notice1 and being satisfied that the applicant had1 at least ten days previous to said time1 caused said notice of time and place of hearing to be given to all the occupants of the land through which such highway might pass1 by serving the same personally or by copy left at the usual place of abode of each of said occupants1 proof of which was shown by affidavit1 we proceeded to examine personally such highway and heard any and all reasons for or against laying out 7altering or discontinuing7 the same1 and being of the opinion that such laying out 7or altering1 or discontinuing17 was necessary and proper and that the public interest would be promoted thereby1 we granted the prayer of said petitioners and determined to lay out 7alter or discontinue7 said road1 the description of which as so laid out is as follows1 to-wit3 ,beginning1 c4 ,it is therefore ordered and determined that a road be and the same is hereby laid out 7or altered7 and established according to the description last aforesaid1 and it is hereby declared to be a public highway1 four rods wide1 the said description above given being the center of said road4 ,given under our hands1 this1 c41 7dated and signed officially by the supervisors47 ,,surveyor',s ,,report4 ,to the supervisors of the town of 1 county of 1 and state of 3 ,the undersigned having been employed by you to make a survey of a road in said town would report that the following is a correct survey thereof1 as made by me under your directions1 to-wit3 7,give an accurate description of the road by course and distance7 and that below is a correct plot of said road according to said survey4 7,dated and signed47 ,,release ,,of ,,damages4 ,state of 1 county of 1 town of 1 ss43 ,whereas1 a road was laid out 7or altered or discontinued7 on the day of 1 ,a4,d4 #ah1 by the supervisors of the said town of 1 on the petition of 7six7 legal voters1 owning real estate1 or occupying real estate under the homestead or pre-emption laws of the ,united ,states1 or under contract from the state of 1 within one mile 7or eight legal voters freeholders and residents of the town within two miles7 of said road2 which said road 7or alteration1 or discontinuance7 is set forth and described in the supervisors' order1 as follows1 viz43 ,beginning 7describe the road as in the order laying it out72 which said road passes through certain lands owned by us as described below3 ,now1 therefore1 know all men by these presents1 that we1 the owners of the lands described below1 for value received1 do hereby 99 release all claims to damages sustained by us by reason of the laying out 7or altering1 or discontinuing7 and opening said road through our lands1 viz43 7,here give a description of the lands and their owners' names4799 ,in witness whereof1 we have hereunto set our hands and seals this day of 1 ,a4,d4 #ah4 7,signatures and seals47 ,signed1 sealed and delivered in presence of two witnesses4 ,,agreement ,,as ,,to ,,damages4 7,use form ,release of ,damages to the 99 then substitute to the next 99 as follows37 do hereby agree to and with the said supervisors that the damages sustained by us by reason of laying out 7or altering1 or discontinuing7 said road be ascertained and fixed1 and the same are hereby ascertained and fixed as follows3 7,describe the lands1 give the owners' names1 and the amounts agreed on2 and conclude as in form ,release of ,damages47 ,,award ,,of ,,damages4 ,state of 1 county of 1 town of 1 ss43 ,whereas1 a road was laid out 7or altered or discontinued7 on the day of 1 ,a4,d4 #ah1 by the undersigned supervisors of the said town of 1 on the petition of 7six7 legal voters1 owning real estate1 or occupying real estate under the homestead or pre-emption laws of the ,united ,states1 or under contract from the state of 1 within one mile 7or eight legal voters1 freeholders and residents of the town within two miles7 of said road2 which said road 7or alteration1 or discontinuance7 is set forth and described in the supervisors' order as follows1 viz43 ,beginning 7describe the road as in the order laying it out47 ,and not being able to agree with the owners of the following described lands1 claiming damages by reason of said highway passing through1 we have assessed the damages to each of such individual claimants with whom we could not agree1 and awarded damages to the owners of such lands through which such highway passes as are unknown1 at what we deemed just and right2 taking into account and estimating the advantages and benefits the road will confer on the claimants and owners1 as well as the disadvantages4 ,we have assessed and awarded damages as follows3 7,here give a particular description of each tract of land and its owner1 if known2 but if not known1 state that fact also47 ,and in case of the following lands and claimants for damages1 we estimate that the advantages and benefits said road will confer on them are equal to all damages sustained by them by reason of laying out 7or altering1 or discontinuing7 said road1 to-wit3 7,set forth lands and owners as far as known2 and describe the unknown lands1 stating that the owners are unknown47 7,dated1 and signed by the supervisors47 ,,application ,,for ,,jury4 ,state of 1 county of 1 town of 1 ss4 ,to ,j4,p41 justice of the peace in and for said county3 ,i1 ,j4,a4,b41 of said town1 feeling myself aggrieved by the determination 7award of damages7 made by the supervisors of said town 7county commissioners of said county7 by their order bearing date the day of 1 ,a4,d4 #ah1 in laying out 7altering or discontinuing7 7or refusing to lay out1 alter or discontinue7 a highway in said town 7county71 do hereby appeal to you for a jury to be summoned by you to hear and determine such appeal4 ,the highway 7alteration or discontinuance7 in question is described in said order1 filed in the town clerk's 7county auditor's7 office of said town 7county7 1 ,a4,d4 #ah1 as follows3 7describe the road1 as in the order on file71 which said road passes through lands owned by me1 viz43 7describing them47 ,the grounds upon which this appeal is brought1 are3 7to recover #hj damages to my said land by reason of such laying out1 instead of #dj as awarded in said order7 7or1 in relation to the laying out1 or altering1 or discontinuing said highway27 7or their refusal to lay out1 or alter1 or discontinue said highway27 7or said appeal is brought to reverse entirely the decision of the said supervisors or commissioners27 7or is brought to reverse that part of their order specifying which part1 c47 7,dated and signed by the appellant47 ,,justice ,,court4 ,i4 ,civil ,suit4 ,,summons4 ,state of 1 ss4 ,county of ,footnote3 ,this brace of lines1 giving the state and county as introductory to a process1 certificate1 affidavit or other paper1 is called a venue1 and should be inserted wherever the word 7,venue7 is expressed in forms given hereafter4 ,the state of to the sheriff or any constable of said county3 ,you are hereby commanded to summon ,a4,m41 if he shall be found in your county1 to be and appear before the undersigned1 one of the justices of the peace in and for said county1 on the day of #ah1 at o'clock in the noon1 at my office in the 1 in said county1 to answer to ,j4,t4 in a civil action2 and have you then and there this writ4 ,given under my hand this day of 1 ,a4,d4 #ah4 ,w4,d4,d41 ,justice of the ,peace4 ,,constable',s ,,return4 7,venue as in ,summons47 ,i hereby certify that ,i personally served the within summons upon the within named defendant1 by reading the same to him1 in said county1 on the day of 1 #ah4 ,fees--,mileage1 #h miles1 - - 4#hj ,service1 - - - - - - - - - 4#ae -- 4#ie ,g4,m4,g41 ,constable4 ,,complaint4 ,state of ss4 ,in ,justice ,court1 ,county of ,before ,w4,d4,d41 ,justice of the ,peace4 ,j4,t41 plaintiff1 against ,a4,m41 defendant4 ,footnote3 ,all the affidavits1 pleadings1 and other papers filed by parties in an action should be entitled1 that is to say1 should begin with a caption similar to the above1 giving the state and county1 name of justice1 and the names of the parties1 plaintiff and defendant1 to the action4 ,this caption 7title of cause7 is to be inserted in every form given hereafter1 wherever it is so expressed4 ,the complaint of the plaintiff shows to this court that at 1 in the state of 1 on the day of 1 #ah1 the defendant made his promissory note in writing1 dated on that day1 and thereby promised to pay to the plaintiff 7one year after date7 the sum of 7eighty7 dollars1 for value received1 with interest thereon from the said date at the rate of 7ten7 per cent1 per annum until fully paid1 and delivered the same to the plaintiff4 ,that the plaintiff is now the holder and owner of said note2 that the same has not been paid1 nor any part thereof2 but the defendant is now justly indebted to the plaintiff thereon in the sum of 7eighty7 dollars1 with interest as aforesaid4 ,wherefore1 the plaintiff demands judgment against the defendant for the sum of 7eighty-nine7 dollars and 7sixty7 cents1 with costs of suit4 ,j4,t4 7,venue47 ,j4,t41 the plaintiff 7or defendant7 in this action1 being duly sworn1 says that the foregoing complaint 7or answer1 or reply17 is true1 to his own knowledge1 except as to those matters stated on his information and belief1 and as to those matters1 that he believes it to be true4 ,j4,t4 7,jurat47 ,,answer4 7,title of cause47 ,the answer of the defendant to the complaint herein1 shows to this court3 #a4 ,that he admits the making and delivering of the note therein stated1 but denies each and every other allegation therein contained4 #b4 ,and for a further defense this defendant shows that on the day of 1 #ah1 he bought 7a horse7 of the plaintiff for the sum of 7one hundred and thirty7 dollars1 and paid him 7fifty7 dollars in money1 and the note of 7eighty7 dollars described in the complaint2 which 7horse71 by the contract of sale1 the plaintiff warranted to the defendant to be sound2 and the defendant further states that the said 7horse7 was unsound at the time1 whereby the defendant sustained damage in the sum of 7one hundred7 dollars4 ,wherefore he asks that said amount of damage be set off against the amount of said note1 and demands judgment for the balance of 7twenty7 dollars1 besides costs of suit4 ,a4,m4 7,verified47 ,,reply4 7,title of cause47 ,the reply of the plaintiff to the facts set forth in the answer of the defendant1 denies each and every allegation therein contained4 ,j4,t4 7,verified47 ,,adjournment4 7,title of cause47 7,venue47 ,a4,m41 being duly sworn1 says1 that he is the defendant in this action2 that ,j4,c4,s41 who resides in the town of 1 in said county1 is a material witness for this defendant1 without whose testimony he cannot safely proceed to the trial of this action2 that the said ,j4,c4,s41 if examined as a witness on the trial1 will testify that he was present at the time the horse mentioned in the answer was purchased1 and heard the plaintiff say to the defendant1 the horse is sound1 and ,i warrant him so2 that he heard this defendant reply1 well1 ,i shall rely entirely upon your warranty2 and that thereupon defendant gave his note for the balance of the purchase money of the horse4 ,that on the day of 1 #ah1 he procured a subpoena for the said ,j4,c4,s41 and went with the same to his residence to serve the same1 when he there learned for the first time that said ,j4,c4,s4 had unexpectedly left home the day before and had gone to 1 in the state of 1 to be absent 7three7 weeks4 ,that he knows of no other person by whom he can prove these facts2 and that he expects to be able to procure the attendance of said ,j4,c4,s4 as a witness on the trial1 if this cause is adjourned for 7thirty7 days4 ,a4,m4 7,jurat47 ,,subpoena4 ,state of 1 ss4 ,county of ,the ,state of to ,j4,k41 ,j4,l4 and ,g4,g43 ,you are hereby required to appear before the undersigned1 one of the justices of the peace in and for said county1 at my office in the town of 1 on the day of 1 #ah1 at o'clock in the noon of said day1 to give evidence in a certain cause then and there to be tried between ,j4,t41 plaintiff1 and ,a4,m41 defendant1 on the part of the plaintiff 7or defendant47 ,given under my hand this day of 1 #ah4 ,w4,d4,d41 ,justice of the ,peace4 ,,attachment ,,against ,,witness4 7,venue47 ,the ,state of to the sheriff or any constable of said county3 ,you are hereby commanded to attach the body of ,s4,k4,b41 if he shall be found in your county1 and bring him forthwith before the undersigned1 one of the justices of the peace in and for said county1 at my office in the town of 1 in said county1 to give evidence in a certain cause now pending before me1 between ,j4,t41 plaintiff1 and ,a4,m41 defendant1 on the part of the defendant 7or plaintiff72 and also to answer all such matters as shall be objected against him1 for that the said ,s4,k4,b41 having been duly subpoenaed to attend at the trial of said action1 had refused 7or failed without just cause7 to attend1 in conformity to said subpoena2 and have you then and there this writ4 ,given under my hand1 etc4 ,w4,b4,d41 ,justice of the ,peace4 ,,constable',s ,,jury ,,list4 7,title of cause47 ,list of names of 7twenty-four7 inhabitants of the county of 1 qualified to serve as jurors in the district court of said county1 made by me as directed by said justice of the peace1 from which to impanel a jury in the above entitled cause4 ,g4,w41 ,constable4 ,dated1 etc4 ,john ,j4 ,cooke1 ,x ,allan ,k4 ,ware1 ,x ,jared ,s4 ,benson1 ,walter ,g4 ,brown1 ,george ,w4 ,jones1 ,elias ,bedall1 ,erick ,peterson1 ,patrick ,kelly1 ,x ,x ,thomas ,o4 ,jones1 ,julius ,graetz1 ,john ,shannon1 ,x ,x ,david ,f4 ,lamb1 ,wm4 ,w4 ,wertsel1 ,x ,daniel ,g ,pratt1 ,horace ,s ,roberts1 ,x ,j4,w4 ,everstine1 ,aaron ,m ,ozmun1 ,x ,ole ,t4 ,ruhd1 ,lars ,anderson1 ,conrad ,schacht1 ,o4,p4 ,whitcomb1 ,x ,j4,q4 ,leonard1 ,zera ,fairman1 ,x ,russell ,blakely4 ,x 9999 ,names struck off by plaintiff checked on the right2 by defendant checked on the left4 ,w4,d4,d41 ,justice of the ,peace4 ,,venire4 ,state of 1 ,county of ss4 ,the ,state of to the sheriff or any constable of said county3 ,you are hereby commanded to summon 7here insert the names in full71 to be and appear before the undersigned1 one of the justices of the peace in and for said county1 on the day of 1 #ah1 at o'clock in the noon of said day1 in the 7town7 of 1 in said county1 to make a jury for the trial of a civil action between ,j4,t41 plaintiff1 and ,a4,m41 defendant1 and have you then and there this writ4 ,given under my hand this day of 1 ,a4,d4 #ah4 ,w4,d4,d41 ,justice of the ,peace4 ,,return4 7,venue47 ,i hereby certify that1 by virtue of the within writ1 ,i have personally summoned as jurors the several persons named therein1 viz4 7give the list served2 and if any are not served1 add73 and that the following named persons could not be found 7giving their names47 ,dated this day of 1 #ah4 ,g4,w41 ,constable4 ,fees1 etc4 ,,warrant ,,for ,,juror4 ,state of 1 ,county of ss4 ,the ,state of to the sheriff or any constable of said county3 ,whereas1 on the day of 1 ,a4 ,d4 #ah1 a venire was duly issued by the undersigned1 one of the justices of the peace of the said county1 in the case of ,j4,t4 vs ,a4 ,m41 then pending before me as such justice2 and1 whereas1 one ,e4,f4 was duly named as juror therein1 and said venire was duly served upon said ,e4,f4 by ,g4,h41 a constable of said county2 and1 whereas1 the said ,e4,f4 failed to appear as such juror1 or to render any reasonable excuse for his default1 as appears from the return of said constable1 and from my docket2 now1 therefore1 you are hereby commanded forthwith to apprehend the said ,e4,f4 and bring him before me to show cause why he should not be fined for contempt in not obeying said writ1 and to be further dealt with according to law4 ,given under my hand1 etc4 ,w4,d4,d41 ,justice of the ,peace4 ,,docket4 7,with oral pleadings1 jury trial1 execution1 etc47 ,state of 1 ,county of 1ss4 ,in ,justice ,court4 ,before ,w4,d4,d41 ,justice of the ,peace4 ,j4,t41 ,plaintiff1 against ,a4,m41 ,defendant4 ,,plaintiff',s ,,costs4 ,justice's ,fees4 ,summons444444444444444 #be ,complaint4444444444444 #ae ,answer4444444444444444 #ae ,reply44444444444444444 #ae ,adjournment44444444444 #ae ,oath1 #b;d adjt444444444 #ae #b;d adjournment44444444 #ae ,filing two papers44444 #aj #c;d adjournment44444444 #ae ,swearing jury444444444 #be ,oath1 nine witnesses44 #a #ce ,oath1 officer444444444 #ae ,judgment44444444444444 #be ,taxing costs4444444444 #ae #c #ee ,constable's ,fees4 ,on summons444444444444#a #aj ,jury list4444444444444 #ae ,summoning jury44444444 #a #jj #a day's att4 court4444 #a #jj ,attending jury44444444 #ej #c #ge ,plaintiff's ,witnesses4 ,w4,a41att4 and mil44444#a #dh ,l4,d41 44444 #a #bd ,z4,s41 44444 #a #ab ,j4,b41 44444 #a #cf #e #bj #ab #ej ,august l1 #ahhg4--,summons issued1 returnable ,august #i1ahhg1 at #a o'clock ,p4,m4 ,august #e4--,summons returned by ,constable ,s4 7,here give the return of the officer47 ,august #i1 #a ,p4,m4--,parties appeared and joined issue4 ,plaintiff complained orally upon a promissory note1 and delivered the same to the court1 and stated that there was due him #hj and interest thereon1 which he claimed to recover ,of defendant2 verified the same4 ,defendant answered orally1 alleging that said note was given for a horse1 which horse was warranted to be sound1 whereas1 in fact1 it was unsound1 claiming #ajj damages thereby2 verified4 ,plaintiff replied orally1 denying the warranty2 verified4 ,plaintiff then applied for an adjournment1 and the suit was adjourned to ,august #af1 #ahhg1 at #a ,p4,m41 at my office4 ,august #af1 #a ,p4,m4--,parties appeared1 and defendant applied for an adjournment of thirty days1 to obtain material witness1 and having shown cause therefor1 upon oath1 the suit was adjourned to ,september #af1 #ahhg1 at #a ,p4,m41 at my office4 ,september #af1 #ahhg1 #a ,p4,m4--,parties appeared1 and defendant demanded a jury of twelve persons1 paying their fees4 ,venire issued and delivered to ,constable ,g4,w4 ,cause adjourned to ,september #ag1 #ahhg1 at #a ,p4,m41 at my office1 to give time to summon the jury1 and for them to appear4 ,september #ag1 #a ,p4,m4--,parties appear4 ,two of the jurors not appearing1 ,g4,d4 and ,e4,f4 were summoned as talesmen4 ,the following jurors were sworn3 7,give the list47 ,the following witnesses were sworn for the plaintiff3 7,note in order in the docket all exceptions taken to any testimony47 ,the following witnesses were sworn for the defendant1 etc4 ,the following witnesses were sworn in rebuttal1 etc4 7,all exceptions to rulings of the court are to be noted in the docket in order whenever they occur47 ,september #ag1 #e ,p4,m4--,after hearing the testimony1 the jury retire1 under charge of ,constable ,g4,w41 sworn for that purpose4 #f ,p4,m4--,jury returned into court1 and say that they find for the plaintiff for the sum of #hf4jj4 ,judgment rendered thereupon against the defendant for #hf4jj and costs of suit1 taxed at #ab4ej1 on this #agth day of ,september1 #ahhg4 ,w4,d4,d41 ,justice of the ,peace4 ,september #bi1 #ahhg4--;,execution issued for #hf4jj1 and interest from ,september #ag1 and for #ab4ej costs1 and delivered to ,constable ,g4,w4 to collect4 ,w4,d4,d41 ,justice of the ,peace4 ,october #aa4--;,execution returned satisfied4 ,w4,d4,d41 ,justice of the ,peace4 ,october #ae1ahhg4--,received the above judgment and costs in full4 ,j4,t41 ,plaintiff4 ,,oath ,,to ,,jurors4 ,you do solemnly swear that you will well and truly try the matters in difference between the parties in this cause1 and a true verdict give1 according to the evidence given you in court and the laws of this state4 ,so help you ,god4 ,,oath ,,to ,,witness4 ,you do solemnly swear that the evidence you shall give relative to the cause now under consideration shall be the whole truth1 and nothing but the truth4 ,so help you ,god4 ,,oath ,,to ,,officer4 ,you do solemnly swear that you will keep this jury together in some suitable place1 without food or drink1 unless ordered by the court2 that you will suffer no person to speak to them upon the matters submitted to their charge until they are agreed1 nor will you speak to them yourself about the cause1 except to ask them whether they are agreed2 that you will permit no person to listen to1 or overhear1 any conversation or discussion they may have while deliberating on their verdict2 that you will not disclose their verdict nor any conversation they may have respecting the cause1 until they have delivered their verdict in court1 or been discharged by order of the court4 ,so help you ,god4 ,,execution4 ,state of 1 ,county of ss4 ,the state of to the sheriff or any constable of said county3 ,whereas1 judgment against ,a4,m4 for the sum of 7eighty-six7 dollars1 lawful money of the ,united ,states1 and for 7twelve7 dollars and 7fifty7 cents1 costs of suit1 was recovered the day of 1 #ah1 before me1 at the suit of ,j4,t42 these are therefore to command you to levy distress on the goods and chattels of the said ,a4,m4 7excepting as the law exempts71 and make sale thereof according to law1 in such case made and provided1 to the amount of the said sum1 together with twenty-five cents for this execution1 and the same return to me within thirty days1 to be rendered to the said ,j4,t4 for his said judgment and costs4 ,hereof fail not1 under penalty of the law4 ,w4,d4,d41 ,justice of the ,peace ,,endorsements ,,on ,,execution4 ,,in ,,justice ,,court ,,county ,,of444444444444444444444444444444444444 44444 ,j4,t41 plaintiff against ,a4,m41 defendant ,,execution4 ,collect ,judgment44444444#hf #jj ,costs4444444444444444444 #ab #jj #ih #ej ,interest thereon at seven per cent1 from ,sept4 #ag1 #ahhg1 and your fees4 ,w4,d4,d41 ,justice of the ,peace ,received the within execution ,sept4 #bi1 #ahhg4 ,g4,w41 ,constable4 7,see constable's return47 ,,return ,,of ,,execution4 7,venue47 ,by virtue of the within execution1 on this first day of ,october1 #ahhg1 ,i have levied on one bay horse about seven years old1 one single harness1 and one single buggy1 the property of the said ,a4,m4 ,g4,w41 ,constable4 ,,constable',s ,,sale4 7,venue47 ,by virtue of an execution issued by ,e4,m41 justice of the peace1 against the goods and chattels of ,a4,m41 ,i have seized and taken the following described property1 to-wit3 7describing it71 which ,i shall expose for sale at public vendue to the highest bidder1 on ,tuesday1 the eleventh day of ,october1 #ahhg1 at ten o'clock ,a4,m4 7in front of the postoffice71 at 1 in said county4 ,g4 ,w41 ,constable4 ,dated ,oct4 #a1 #ahhg4 ,,final ,,return4 7,venue47 ,i hereby certify that1 by virtue of the within execution1 on the first day of ,october1 #ahhg1 ,i levied on the goods and chattels in the annexed inventory named1 the property of said ,a4,m41 and on the first day of ,october1 #ahhg1 ,i advertised the said property for sale by posting up in three public places in the election district where it was to be sold1 to-wit1 in the town of 1 three notices describing said property1 and giving notice of the time and place1 when and where the same would be exposed for sale2 that at the time so appointed 7naming it71 ,i attended at the place mentioned in said notice 7naming the place71 and then and there exposed the said goods and chattels to sale at public vendue to the highest bidder2 and sold the said horse to ,john ,smith1 for #gf2 the harness to ,edward ,white1 for #ac4ej2 and the buggy to ,samuel ,jones1 for #bc4dj1 they being the highest bidders therefor2 that ,i have retained #d4af1 my fees and disbursements1 from said amount1 and have applied #hf4dj in payment of the within execution1 ,which is hereby returned fully satisfied4 ,g4 ,w41 ,constable4 7,dated and signed47 ,,ii4 ,criminal ,prosecutions4 ,,oath ,,to ,,complainant4 ,you do solemnly swear that you will true answers make to such questions as shall be put to you touching this complaint against ,r4,f4 ,so help you ,god4 ,,criminal ,,complaint4 ,state of 1 ,county of 1ss4 ,the complaint of ,j4,d41 of said county1 made before ,a4,j4,s41 ,esq41 one of the justices of the peace in and for said county1 who1 being duly sworn1 on his oath says1 that on the day of 1 #ah1 at the of 1 in said county1 one ,r4,f4 did 99 threaten to beat 7or wound1 or maim1 or as the case may be7 him1 the said ,j4,d41 and to do him great bodily harm2 7or to burn his dwelling-house2 or as the case may be72 and that he has great cause for fear the said ,r4,f4 will beat1 etc41 7as above47 ,the said ,j4,d41 therefore1 prays surety of the peace to be granted him against the said ,r4,f41 and this he does1 not from any private malice or ill-will towards the said ,r4,f41 but simply because he is afraid1 and has good cause to fear1 that the said ,r4,f4 will beat1 etc41 7as above71 against the form of the statute in such case made and provided1 and against the peace and dignity of the state of ,minnesota1 99 and prays that the said ,r4,f4 may be arrested and dealt with according to law4 ,j4,d4 7,jurat47 ,a4,j4,s41 ,justice of the ,peace4 ,,warrant4 ,state of 1 ,county of 1ss4 ,the ,state of to the sheriff or any constable of said county3 ,whereas1 ,j4,d4 has this day complained in writing to me1 on oath1 that ,r4,f41 on the day of 1 #ah1 at in said county1 did 7insert the statement of the offense1 as in the complaint72 and prayed that the said ,r4,f4 might be arrested and dealt with according to law2 ,now1 therefore1 you are commanded forthwith to apprehend the said ,r4,f41 and bring him before me1 to be dealt with according to law2 and you are also commanded to summon ,a4,b41 ,c4,d41 and ,e4,f41 material witnesses in said complaint1 to appear and testify concerning the same4 ,given under my hand this day of1 ,a4,d4 #ah4 ,a4,j4,s41 ,justice of the ,peace4 ,,return ,,on ,,warrant4 7,venue47 ,i hereby certify that by virtue of the within warrant ,i have arrested the within named defendant1 and have him now before the court in custody4 7,fees1 etc47 7,dated47 ,j4,n41 ,constable4 ,,recognizance4 ,state of 1 ,county of 1ss4 ,we1 ,r4,f41 as principal1 and ,j4,b4 and ,l4,o41 as sureties1 of 1 in said county1 acknowledge ourselves to owe and be indebted unto the state of ,minnesota in the sum of 7two hundred7 dollars1 to be levied of our several goods and chattels1 lands and tenements1 to the use of said state1 if default be made in the condition following1 to-wit3 ,the condition of this recognizance is such1 that if the above bounden ,r4,f4 shall and does keep the peace1 and be of good behavior1 for the period of 7three months7 from the date hereof1 towards all the people of this state1 and particularly towards ,j4,d41 then this recognizance to be void2 otherwise of force4 ,r4,f4 ,j4,b4 ,l4,o4 ,taken and acknowledged before me1 etc4 ,a4,j4,s41 ,justice of the ,peace4 ,,commitment4 ,state of 1 ,county of 1ss4 ,the ,state of to the sheriff or any constable1 and to the keeper of the common jail of said county3 ,whereas1 ,b4,f4 was1 on the day of 1 #ah1 brought before the undersigned1 one of the justices of the peace in and for said county1 charged1 on the oath of ,j4,d41 with having1 on the day of 1 #ah1 at 1 in the said county 7here state the offense as charged in the warrant71 and upon examination of the said charge1 it appearing to me that there is just cause to fear that such offense will be committed by the said ,r4,f41 he was ordered to enter into a recognizance1 with sufficient sureties in the sum of 7#bjj71 to keep the peace toward all the people of this state1 and especially toward the said ,j4,d41 for the term of 7three7 months2 and the said ,r4,f4 having refused 7or failed1 or neglected17 to comply with such order3 ,now1 therefore1 you1 the said constable1 are commanded forthwith to convey and deliver into the custody of the said keeper the body of the said ,r4,f41 and you1 the said keeper1 are hereby commanded to receive the said ,r4,f4 into your custody in the said jail1 and him there safely kept for the term of 7three7 months from the date hereof1 or until he so recognizes as aforesaid1 or until he shall thence be discharged by due course of law4 ,given under my hand this day of 1 ,a4,d4 #ah4 ,j4,p41 ,justice of the ,peace4 ,,jailer',s ,,receipt4 7,venue47 ,i hereby certify that ,i have received into my custody the within named ,r4,f41 and have lodged him in the common jail of said county1 as within commanded4 ,dated1 etc4 ,l4,s4,p41 ,sheriff1 by ,g4,s41 ,deputy4 ,,constable',s ,,return4 7,venue47 ,i hereby certify that by virtue of the within warrant ,i have delivered the within named ,r4,f4 to the keeper of the common jail of the said county1 as appears by his receipt indorsed hereon4 ,dated1 etc4 ,t4,r41 ,constable4 ,fees1 etc4 ,,iii4 ,miscellaneous4 ,,complaint ,,for ,,search ,,warrant4 7,follow form ,criminal ,complaint to the 991 then say73 ,divers goods and chattels1 viz43 7describing them particularly1 and their value17 were feloniously stolen1 taken and carried away2 and that the said ,c4,w4 has good reason to believe1 and does believe1 that the said goods and chattels are concealed in the 7dwelling-house7 of one ,j4,s41 situated in the 7town7 of 1 in said county 7particularly describing the place71 and that the grounds of his said belief are as follows3 7here state the facts and circumstances on which his belief is founded47 ,he1 therefore1 prays that a warrant may issue to make search for said goods and chattels in said 7dwelling-house7 of the said ,j4,s41 according to the statute in such case made and provided4 ,c4,w4 7,jurat47 ,,search ,,warrant4 7,use the general form of warrant1 except in the concluding sentence say73 ,now1 therefore1 you are commanded forthwith to enter the 7dwelling-house7 of one ,j4,s41 situated1 etc41 7particularly describing the place71 and there make search for the above described property 7or1 as the case may be72 and if the same1 or any part thereof1 shall there be found1 you are hereby commanded to bring the same1 together with the person7s7 in whose possession the same may be found1 before me1 to be dealt with according to law4 ,given under my hand1 etc4 ,a4,j4,s41 ,justice of the ,peace4 ,probate ,court4 ,,petition ,,for ,,admission ,,of ,,will4 ,state of 1 ,county of 1ss4 ,in ,probate ,court4 ,to the ,judge of said ,court3 ,the petition of of said 1 respectfully represents that late of 1 deceased the day of 1 at 1 died testate1 as petitioner believe2 that the instrument in writing herewith presented to this court1 is the last will and testament of said deceased as petitioner believe2 and that the said petitioner the identical named and appointed in and by said last will and testament as executor thereof2 that the heirs at law of said deceased are 4 ,your petitioner would further represent1 that the goods1 chattels and personal estate of said deceased amount to about dollars2 and that the said deceased left debts due and unpaid to the probable amount of dollars4 ,your petitioner would pray that a day be appointed for hearing the proofs of said last will and testament1 and that public notice thereof be given to all persons interested1 as this court shall direct2 and that upon the proof and allowance of said will1 and the approval of the bond of your petitioner 1 letters testamentary be to issued thereon1 and appraisers and commissioners appointed1 according to the rules and practices of this court4 ,dated at 1 this day of 1 ,a4,d4 #ah4 ,state of 1 ,county of 1ss4 ,on this day of 1 ,a4,d4 #ah1 before me personally appeared the above named and made oath that he heard read the above and foregoing petition1 subscribed by and know the contents thereof1 and that the same is true of own knowledge1 except as to the matters which are therein stated to be on information and belief1 and as to those matters he believe it to be true4 ,,order ,,admitting ,,will4 ,state of 1 ,county of 1ss4 ,in ,probate ,court4 ,term 1 #ah ,in the matter of the estate of 1 deceased4 ,pursuant to an order of this court made in the above entitled matter1 on the day of 1 #ah1 the hearing of the proofs of that certain instrument bearing date the day of 1 #ah1 purporting to be the last will and testament of 1 deceased1 came on this day2 and it appearing to the satisfaction of the court that the notice directed in the order aforesaid to be given1 has been given2 thereupon and 1 the subscribing witnesses to said instrument1 were duly sworn and examined on behalf of the proponent thereof1 their testimony reduced to writing1 subscribed by them1 and filed4 ,and it appearing to the court after a full hearing and examination of the testimony in said matter1 that said died on the day of 1 #ah1 testate1 in the said county of 1 and that he was at the time of his death a resident of said county1 and left assets therein2 that said instrument offered for probate as and for the last will and testament of said deceased1 was duly executed as his last will and testament by said testator according to law2 that said testator1 at the time of executing the same1 was of sound mind1 of lawful age and under no restraint1 and that the same is valid and genuine2 and no adverse appearance or objection being made3 ,now1 therefore1 it is ordered1 adjudged1 and decreed1 that said instrument be and hereby is established and allowed as the last will and testament of said 1 deceased1 and that the same hereby is admitted to probate4 ,ordered1 further1 that said last will and testament1 with a certificate of the probate thereof1 be recorded4 ,judge of ,probate4 ,,certificate ,,of ,,proof ,,of ,,will4 ,state of 1 ,county of ,in ,probate ,court4 ,in the matter of the estate of 1 deceased3 ,be it remembered1 that on the day of the date hereof1 at a term of said probate court1 pursuant to notice duly given1 the last will and testament of 1 late of said county of 1 deceased1 bearing date the day of1 #ah1 and being the annexed written instrument1 was duly proved before the probate court in and for the county of aforesaid2 and was duly allowed and admitted to probate by said court according to law1 as and for the last will and testament of said 1 deceased1 which said last will and testament is recorded and the examination taken thereon filed in this office4 ,in testimony whereof1 the judge of the probate court of said county hath hereunto set his hand and affixed the seal of the said court1 at in said county1 this day of 1 ,a4,d4 #ah ,judge of ,probate4 ,,letters ,,testamentary4 ,state of 1 ,county of ss ,the ,state of 1 to all to whom these presents shall come or may concern1 and especially to of the county of and state of 1 greeting3 ,know ye1 that whereas1 late of the county of and state of 1 lately died testate1 and being at the time of his decease a of said county1 by means whereof the proving and recording his last will and testament1 and granting administration of all and singular the goods1 chattels1 rights1 credits and estate whereof he died possessed1 and also the auditing1 allowing and finally discharging the account thereof1 is within the jurisdiction of the probate court of said county of 4 ,and whereas1 on the day of 1 ,a4,d4 #ah1 at in said county1 before the ,hon4 1 probate judge of said county1 the last will and testament of the said 7a copy whereof is hereunto annexed7 was proved1 allowed and admitted to probate3 ,and1 whereas1 1 executor named and appointed in and by said last will and testament1 has given bond1 as required by law1 for the faithful execution of said trust1 which said bond has been approved by said judge1 and filed in the aforesaid probate court2 we therefore1 reposing full confidence in your integrity and ability1 have granted and by these presents do grant the administration of all and singular the goods1 chattels1 rights1 credits and estate of the said deceased1 and any way concerning his said last will and testament1 unto you1 the said executor aforesaid3 ,hereby authorizing and empowering you to take and have possession of all the real and personal estate of said deceased1 and to receive the rents1 issues and profits thereof1 until said estate shall have been settled1 or until delivered over by order of said court1 to the heirs or devisees of said deceased2 and to demand1 collect1 recover and receive all and singular1 the debts1 claims1 demands1 rights1 and chooses in action1 which to the said deceased while living and at the time of his death did belong2 and requiring you to keep in good tenantable repair1 all houses1 buildings and fences on said real estate1 which may and shall be under your control1 and in accordance with your bond approved and filed as aforesaid1 to make and return into the probate court of said county of within three months1 a true and perfect inventory of all the goods1 chattels1 rights1 credits and estate of said deceased1 which shall come to your possession or knowledge1 or to the possession of any other person for you2 to administer1 according to law1 and to said last will and testament1 all the goods1 chattels1 rights1 credits and estate of the said deceased1 which shall at any time come to your possession or to the possession of any other person for you1 and out of the same to pay and discharge all debts1 legacies and charges chargeable on the same1 or such dividends thereon as shall be ordered and decreed by said court2 to render a just and true account of your administration to said court within one year1 and at any other time when required by said court1 and to perform all orders and decrees of said court1 by you to be performed in the premises4 ,in testimony whereof1 we have caused the seal of our probate court to be hereunto affixed3 ,witness the ,hon4 1 judge of probate1 at 1 in said county1 this day of 1 ,a4,d4 #ah4 ,judge of ,probate ,court1 ,county of 1 4 ,,form ,,of ,,will4 ,i1 7name of testator71 of 7residence71 being of sound mind and memory1 do hereby make1 publish1 and declare this to be my last will and testament1 hereby revoking and making void all former wills by me at any time heretofore made4 ,first4--,i order and direct my executors1 as soon after my death as possible1 to pay off and discharge all debts and liabilities that may exist against me at the time of my decease4 ,second4--,i give and bequeath unto my wife1 7naming her1 and specifying property bequeathed47 ,third4--,i give and bequeath unto my son1 7naming him1 and specifying property bequeathed47 ,and so on for each legacy4 ,fourth4--,i hereby nominate and appoint 7naming the person or persons7 as the executors of this1 my last will and testament4 ,in witness whereof1 ,i have hereunto subscribed my name1 this day of 1 ,a4,d4 ,autograph signature of testator4 ,the above and foregoing instrument was at the date thereof signed1 sealed1 published1 and declared1 by the said 7name of testator71 as and for his last will and testament1 in presence of us1 who1 at his request1 and in his presence1 and in the presence of each other1 have subscribed our names as witnesses4 ,name 1 ,residence4 ,name 1 ,residence4 ,for citations1 pupils should watch the newspapers and make clippings4 ,district ,court4 ,,habeas ,,corpus4 ,state of 1 ,county of ss ,district ,court1 ,judicial ,district4 ,the ,state of to ,you are hereby commanded to have the body of 1 by you imprisoned and detained1 as it is said1 together with the time and cause of such imprisonment and detention1 by whatsoever name the said shall be called or charged1 before the ,honorable 1 judge of the district court1 to do and receive what shall then and there be considered concerning the said 4 ,and have you then and there this writ4 ,witness the ,honorable 1 judge of said district court1 at in said county1 this day of 1 ,a4,d4 #ah4 ,clerk4 ,,indictment4 ,state of 1 ,county of ss ,district ,court1 ,judicial ,district4 ,the ,state of against 1 accused by the grand jury of the county of 1 in the state of 1 by this indictment of the crime of 1 committed as follows3 ,the said 1 on the day of 1 ,a4,d4 #ah1 at the city of 1 in the county of 1 and state of 1 did1 without the authority of law1 and with malice aforethought1 1 contrary to the form of the statute in such case made and provided1 and against the peace and dignity of the state of 4 ,dated at the city of 1 in the county of 1 and state of 1 this day of 1 ,a4,d4 #ah4 ,a4,l4,h41 ,foreman of the ,grand ,jury4 ,names of witnesses examined before the grand jury3 ,b4,f4,h41 ,r4,d4,h41 ,a4,f4,b41 ,e4,s41 ,h4,p4,c41 ,l4,h4 ,,naturalization ,,papers4 7,first ,paper47 ,state of 1 ,county of ss ,i1 1 do solemnly declare on oath to 1 clerk of the district court of the county of 1 and state of 1 that it is bona fide my intention to become a citizen of the ,united ,states1 and to renounce forever all allegiance and fidelity to any foreign prince1 potentate1 state or sovereignty whatever1 and particularly to the sovereign of 1 whereof ,i was heretofore a citizen or subject4 7,signed47 ,subscribed and sworn to before me this day of 1 ,a4,d4 #ah4 ,clerk of said ,court4 ,state of 1 ,county of ss ,i hereby certify that the foregoing is a true copy of the original declaration of 1 this day filed in my office4 ,in testimony whereof1 ,i have hereunto subscribed my name and affixed the seal of the district court aforesaid1 at 1 this day of 1 ,a4,d4 #ah4 ,clerk4 7,second ,paper47 ,state of 1 ,county of ss ,district ,court1 ,judicial ,district4 ,be it remembered1 that on this day of 1 #ah1 appeared in the district court of the judicial district of the ,state of 1 and for the county aforesaid1 the said court being a court of record1 having a common law jurisdiction and a clerk and seal1 and applied to said court to be admitted to become a citizen of the ,united ,states of ,america1 pursuant to the several acts of congress of the ,united ,states of ,america for that purpose made and provided2 and the said applicant having thereupon produced to the court such evidence1 declaration and renunciation1 and having taken such oaths as are by the said acts required3 ,thereupon it was ordered by the said court that the said applicant be admitted1 and he was accordingly admitted by the said court to be a citizen of the ,united ,states of ,america4 ,in testimony whereof1 ,i have hereunto subscribed my name and affixed the seal of the court aforesaid1 this day of 1 ,a4,d4 #ah4 ,clerk of said ,court4 ,,satisfaction ,,of ,,judgment4 ,state of 1 ,county of ss ,district ,court1 ,judicial ,district4 7,title of ,cause47 ,the judgment in the above entitled action1 rendered in county1 1 on the day of 1 ,a4,d4 #ah1 and duly docketed in the office of the clerk of the district court of said county1 on the day of 1 ,a4,d4 #ah1 for in favor of against 1 is paid and satisfied in full2 and the clerk of said court is hereby authorized to discharge said judgment of record4 ,in testimony whereof1 has hereunto set hand and seal this day of 1 ,a4,d4 #ah4 ,signed1 sealed and delivered in presence of ,seal4 ,seal4 ,seal4 ,state of 1 ,county of ss ,on this day of 1 ,a4,d4 #ah1 before me1 the subscriber1 a in and for said county1 personally appeared to me known to be the person described in1 and who executed the foregoing instrument1 and acknowledged that he executed the same as free act and deed4 ,,appendix ,b4--,,tables4 ,,comparative ,,legislative ,,table ,,of ,,the ,,states4 ,state ,legislature ,senate ---------------------------------------- -- ,name ,houses ,number ,term_/,age #a ,alabama ,leg4 ,s4 ,r4#b #cc #d #bg #b ,arkansas ,s4 ,r4 #cb #d #be #c ,california ,s4 ,a4 #dj #d #ba #d ,colorado ,s4 ,r4 #bf #d #be #e ,connecticut ,gen4 ,a4 d #bd #b #ba #f ,delaware ,leg4 #i #d #bg #g ,florida ,s4 ,a4 #cb #d #ba #h ,georgia ,gen4 ,a4 ,s4 ,r4 #dd #d #be #i ,idaho ,leg4 #dh #b #ba #aj ,illinois #ea #d #be #aa ,indiana #ej #d #be #ab ,iowa ,gen4 ,a4 #ej #d #be #ac ,kansas ,leg4 #dj #d #ba #ad ,kentucky #ch #d #cj #ae ,louisiana ,gen4 ,a4 #ce #d #be #af ,maine ,leg4 #ca #b #be #ag ,maryland ,gen4 ,a4 ,s4 ,d4e #bf #d #be #ah ,massachusetts ,gen4 ,ct4 f ,s4 ,r4 #dj #a #ba #ai ,michigan ,leg4 #cb #b #ba #bj ,minnesota #fc #d #ba #ba ,mississippi #dj #d #be #bb ,missouri ,gen4 ,a4 #cd #d #cj #bc ,montana ,leg4 ,a4 #af #d #bd #bd ,nebraska ,leg4 #cc #b #ba #be ,nevada ,s4 ,ass4 #bj #d #ba #bf ,new ,hampshire ,gen4 ,ct4 ,s4 ,r4 #bd #b #cj #bg ,new ,jersey ,leg4 ,s4 ,gen4 ,a4 #ba #c #cj #bh ,new ,york ,s4 ,ass4 #ej #b #ba #bi ,north ,carolina ,gen4 ,a4 ,s4 ,r4 #ej #b #be #cj ,north ,dakota ,leg4 ,a4 #ejc #d #be #ca ,ohio ,gen4 ,a4 #cg #b #cj #cb ,oregon ,leg4 ,a4 #cj #d #ba #cc ,pennsylvania ,gen4 ,a4 #ej #d #be #cd ,rhode ,island #cf #a #ba #ce ,south ,carolina #ce;h #d #be #cf ,south ,dakota ,leg4 #dec #b #be #cg ,tennessee ,gen4 ,a4 #cc #b #cj #ch ,texas ,leg4 #ca #d #bf #ci ,utah #ah #d #be #dj ,vermont ,gen4 ,a4 #cj #b #cj #da ,virginia ,s4 ,d4e #dj #d #ba #db ,washington ,leg4 ,s4 ,r4 #ce #d #ba #dc ,west ,virginia ,s4 ,d4 #bd #d #ba #dd ,wisconsin ,s4 ,ass4 #cc #d #ba #de ,wyoming ,s4 ,r4 #af #d #be #df ,territories ,leg4 ,c4 ,r4 #ab #b #ba ,,comparative ,,legislative ,,table ,,of ,,the ,,states4 ,transcriber's ,note3 ,right-hand page1 continuing previous table ,house4 ,meeting4 ,salary ---------------------------------------- -------------------- ,number,term,age,freq ,duration ,begins ,same for each ,house1 presiding ,officer usually double4 _/_/_/ #a #ajj #b #ba ,b4 #ej ,nov4 #d and #aj;c4 mileage4#a #b #ib #b #ba ,b4 #fj ,jan4 #f a day4 #c #hj #b #ba ,b4 #fj #h and #aj;c4 mileage1 and #be4 #d #di #b #be ,b4 #ij #g and #ae4;c mileage4 #e #bdi;a #b #ba ,b4 44444b #cjj and mileage4 #f #bj #b #bd ,b4 44444 #c and mileage4 #g #gf #b #ba ,b4 #fj #f and #aj;c4 mileage4 #h #age #b #ba ,a4 #ej;c ,oct4 #d and mileage4 #i #cf #b #ba ,b4 #fj ,jan4 #e and #aj;c4 mileage4 #aj #aec #b #ba ,b4 44444 #e and #aj;c4 mileage1 and #ej4 #aa #ajj #b #ba ,b4 #fj #f and #bj;c4 mileage4 #ab #ajj #b #ba ,b4 44444 #ejj per term and #aj;c4 mileage4 #ac #abe #b #ba ,b4 #ej #c and #ae;c4 mileage4#a #ad #ajj #b #bd ,b4 #fj;c ,dec4 #e and #ae;c4 mileage4 #ae #ih #d #ba ,b4 #fj ,may4 #d and mileage4 #af #aea #b #ba ,b4 44444 ,jan4 #aej a year and #bj;c4 mileage4 #ag #ia #b #ba ,b4 #ij #e and mileage4#a #ah #bdj #a #ba ,a4 44444 #agj a year and #bj;c4 mileage4 #ai #ajj #b #ba ,b4 44444 #c and #aj;c4 mileage4#a #bj #aai #b #ba ,b4 #ij #e and #ae;c4 mileage4 #ba #abj #d #ba ,q4j 44444 #djj per reg4 sess4 and #aj;c4 mileage4 #bb #adj #b #bd ,b4 #gj #e and mileage1 and #cj4 #bc #ee #b #ba ,b4 #fj #f and #bj;c4 mileage4#a #bd #ajj #b #ba ,b4 #ij #e and #aj;c4 mileage4#a #be #dj #b #ba ,b4 #fj #g and #dj;c4 mileage4 #bf #cba #b #ba ,b4 44444 #bjj per term4 #bg #fj #a #ba ,a4 44444 #ejj a year4#a #bh #aej #a #ba ,a4 44444 #aejj and #aj;c4 mileage4#a #bi #abj #b #ba ,b4 #fj #d and #aj;c4 mileage4#a #cj #adjc #b #ba ,b4 #fj #e and #aj;c4 mileage4#a #ca #aaj #b #be ,b4 44444 #fjj and #aj;c4 mileage4 #cb #fj #b #ba ,b4 #dj #c and #ae;c4 mileage4#a #cc #bja #b #ba ,b4 44444 #aejj and #e;c4 mileage1 and #ajj4 #cd #gb;a #a #ba ,a4g 44444 ,may4 #a and #h;c4 mileage4#a #ce #abc #b #bb ,a4 44444 ,jan4 #d and #aj;c4 mileage4 #cf #acec #b #be ,b4 44444 #e and #aj;c4 mileage4#a #cg #ii #b #ba ,b4 #ge #d and #af;c4 mileage4#a #ch #ajf #b #ba ,b4 #ij #e and #bj;c4 mileage4#a #ci #de #b #be ,b4 #fj #d and #aj;c4 mileage4 #dj #bdj #b #ba ,b4 44444 ,oct4 #c a day4 #da #ajj #b #ba ,b4 #ij;c ,dec4 #edj a year4 #db #gj #b #ba ,b4 #fj ,jan4 #e and #aj;c4 mileage4#a #dc #fe #b #ba ,b4 #de;c #d and #aj;c4 mileage4#a #dd #ajj #b #ba ,b4 44444 #ejj and #aj;c4 mileage4#a #de #cc #b #ba ,b4 #dj #e and #ae;c4 mileage4 #df #bd #b #ba ,b4 #fj i #d and #bj;c4 mileage4 ,footnote a3 ,one from each town4 ,footnote b3 ,no limitation4 ,footnote c3 ,may be extended by special vote4 ,footnote d3 ,general ,assembly4 ,footnote e3 ,house of ,delegates4 ,footnote f3 ,general ,court4 ,footnote g3 ,two sess4 annually1 in ,may and ,oct4 ,footnote h3 ,one for each county4--,state ,const4 ,footnote i3 ,new ,mexico in ,december4 ,footnote j3 ,quadrennially in general session1 with sp4 sess midway between4 ,footnote #a3 ,state constitution4 ,footnote #b3 ,senate and house of representatives4 ,footnote #c3 ,not more than4--,constitution4 ,,comparative ,,executive ,,table ,,of ,,the ,,states4 ,transcriber's ,note3 ,these pages were modified slightly from their original form4 ,the originals were printed lengthwise 7landscape-style7 across both pages to take maximum advantage of space4 ,as this cannot be done in an ,,ascii medium1 the table has had line numbers added to it like the ,legislative ,table above 7which was done in the original71 and will be shown in continuing pieces4 ,,states4 ,,governor4 ---------------------------------------- -- ,qualifications4 ,term4 ,salary4 ,election4 years4 #a ,alabama #cj1;c1r#g;a #b #c1jjj ,pb #b ,arkansas #cj1;c1r#g #b #c1ejj ,p #c ,california #cj1;c1r#b #d #f1jjj ,p #d ,colorado #cj1;c1r#b #b #e1jjj ,p #e ,connecticut #cj1voter #b #d1jjj ,md #f ,delaware #cj1;,c#ab1;c#fd;i #d;h #b1jjja ,p #g ,florida ,c #i1;c#c #d #c1ejj ,p #h ,georgia #cj1;,c#ae1;,c#f #b #c1jjja ,m #i ,idaho #cj1;c1r#b #b #c1jjj ,p #aj ,illinois #cj1;,c#e1;c#e #d #f1jjja ,p #aa ,indiana #cj1;,c#e1r#e #d;h #e1jjj ,p #ab ,iowa #cj1;,c1r#b #b #c1jjj ,p #ac ,kansas 444444444444444 #b #c1jjj ,p #ad ,kentucky #ce1;,c1r#f #d;h #f1ejja ,p #ae ,louisiana ,c1r#b #d;h #d1jjj ,p #af ,maine #cj1;,c1r#e;f #b #b1ejj ,md #ag ,maryland #cj1;c#aj1r#e #d #d1ejja ,p #ah ,massachusetts #cg1;,christian #a #h1jjj ,md #ai ,michigan #cj1;,c#e1r#b #b #d1jjj ,p #bj ,minnesota #be1;,c1r#a #b #e1jjj ,p #ba ,mississippi #cj1;,c#bj1r#b #d #d1jjja ,p #bb ,missouri #ce1;,c#aj1r#g #d #e1jjja ,p #bc ,montana #cj1;,c1r#b #d #e1jjj ,p #bd ,nebraska #cj1;,c#b1;c#b #b #b1ejj ,p #be ,nevada #be1;,c1r#b #d #e1jjj ,p #bf ,new ,hampshire #cj1r#g #b #b1jjj ,md #bg ,new ,jersey #cj1;,c#bj1r#g #c;h #aj1jjj ,p #bh ,new ,york #cj1;,c1r#e #b #aj1jjja ,p #bi ,north ,carolina #cj1;,c#e1r#b #d #c1jjja ,p #cj ,north ,dakota #cj1;,c1c1r#e #b #c1jjj ,p #ca ,ohio ,voter #b #h1jjj ,p #cb ,oregon #cj1;,c1r#c #d #a1ejj ,p #cc ,pennsylvania #cj1r#g #d #aj1jjja ,p #cd ,rhode ,island ,voter1c #a #c1jjj ,md #ce ,south ,carolina #cj1;,c#b1;c1r#b #b #c1ejja ,p #cf ,south ,dakota #cj1;c1c1r#b #b #b1ejj ,p #cg ,tennessee #cj1;,c1c#g #b #d1jjj ,p #ch ,texas #cj1;,c1r#e #b #d1jjja ,p #ci ,utah #cj1;c1r#e #d #b1jjj ,p #dj ,vermont ,voter #b #a1ejj ,m #da ,virginia #cj1;c1r#c #d;h #e1jjja ,p #db ,washington ,c1c #d #d1jjj ,p #dc ,west ,virginia ,voter #d #b1gjj ,p #dd ,wisconsin ,voter #b #e1jjj ,p #de ,wyoming #cj1;,c1r#e #d #b1ejj ,p #df ,territories ,partisan #d #b1fjj ,aj ,,comparative ,,executive ,,table ,,of ,,the ,,states4 ,transcriber's ,notes3 ,next set of columns1 continuing table4 ,lieut4 ,gov4 ,usual ,administrative ,officers ---------------------------------------- --------------------- ,term and ,succession to ,secretary ,state ,state ,salary ,governorship of state ,treasurer ,auditor or ,comptroller #a ,none ,p1,s#c #b1 #ahjj #b1 #baej #b1 #ahjj #b ,none ,p1,s #b1 #ahjj #b1 #bbej #b1 #bbej #c #d1 #cjjj ,l1,p #d1 #cjjj #d1 #cjjj #d1 #cjjj #d #b1 #ajjj ,l1,p1,se #b1 #cjjj #b1 #cjjj #b1 #bjjj #e #b1 #ejjb ,l1,p1,s #b1 #aejj #b1 #aejj #b1 #abjj #f ,none ,p1,s #d1 #ajjj;j #b1 #adej #d1 #bjj #g #d1 #ejj ,l1,p #d1 #aejj #d1 #bjjj #d1 #aejj #h ,none4 ,p #b1 #bjjj #b1 #bjjj #b1 #bjjj #i #b1 #g4ej_/;day,l1,p1,s #b1 #ahjj #b1 #ajjj #b1 #bjjj #aj #d1 #ajjj ,l1,p #d1 #cejj #b1 #cejj #d1 #cejj #aa #d1 #h_/;day#b,l1,p #b1 #bjjj #b1 #cejj #b1 #bejj #ab #b1 #aajj ,l1,p1,s #b1 #bbjj #b1 #bbjj #aejj #ac #b1 #f_/;day ,l1,p1,s #b1 #bjjj #b1 #bejj #b1 #bejj #ad #d1 ,l1,p1,s #d1 #aejj #b1 #bdjj #d1 #ejj #aj_/;day#b #ae #d1 #h_/;day ,l1,p #d1 #ahjj #d1 #bjjj #d1 #cjjj #af ,none4 ,p1,s #b1 #abjj #b1 #afjj #b1 #ajjj #ag ,none4 ,p1,s #d1 #bjjj #b1 #bejj #d1 #cjjj #ah #a1 #bjj ,l4 ,council #a1 #cjjj #a1 #ejjj #a1 #djjj #ai #b1 #abjj ,l1,p #b1 #bjjj #b1 #bjjj #b1 #cjjj #bj #b1 #aj_/;day ,l1,p #b1 #cejj #b1 #cejj #b1 #cejj #ba #d1 #hjjb ,l1,p1,s #d1 #bejj #d1 #bejj #d1 #bejj #bb #d1 #e_/;day#b,l1,p1,s #d1 #cjjj #d1 #cjjj 4444444 #bc #d1 #ab_/;day ,l1,p1,s #d1 #cjjj #d1 #cjjj #d1 #cjjj #bd #b1 #f_/;day ,l1,p1,s #b1 #bjjj #b1 #bejj #b1 #bejj #be ,lib4 ,l1,p #d1 #cjjj #d1 #cjjj #d1 #cjjj #d1 #bgjj #bf ,none4 ,p #b1 #hjj #b1 #ahjj 4444444 #bg ,none4 ,p #e1 #fjjj #c1 #fjjj #c1 #fjjj #bh #c1 #ejjj ,l1,p #b1 #ejjj #b1 #ejjj #b1 #fjjj #bi #d1 #h_/;day ,l1,p #d1 #bjjj #d1 #cjjj #d1 #aejj #cj #b1 #ajjj ,l1,sec #b1 #bjjj #b1 #bjjj #b1 #bjjj #ca #b1 #hjj ,l1,p #b1 #cjjj #b1 #cjjj #d1 #cjjj #cb ,sec ,st4 ,l1,p #d1 #aejj;g #d1 #hjj 4444444 ex-officio #cc #d1 #cjjj ,l1,p #djjj;j #b1 #ejjj #c1 #cjjj #cd #a1 #ejj ,l1,p #a1 #cejj #a1 #bejj #a1 #aejj #ce #b1 #ajjj ,l1,p #b1 #bajj #b1 #bajj #b1 #bajj #cf #b1 #aj_/;day ,l1,sec #b1 #ahjj #b1 #ahjj #b1 #ahjj #cg ,none4 ,p1,s #d1 #ahjj #b1 #bgej #b1 #bgej #ch #b1 #e_/;day ,l1,p #bjjj;j #b1 #bejj #b1 #bejj #ci ,none4 ,sec1,p #d1 #bjjj #d1 #ajjj #d1 #aejj #dj #b1 #f_/;day ,l #b1 #agjj;j #b1 #agjj #b1 #bjjj;j #da #d1 #ijj ,l #b1 #bjjj #b1 #bjjj #b1 #cjjj #db #d1 #ajjj ,l #d1 #bejj #d1 #bjjj #d1 #bjjj #dc ,none ,p1,s #d1 #ajjj #d1 #adjj #d1 #bjjj #dd #b1 #ajjj ,l1,sec1,s #b1 #ejjj #b1 #ejjj #de ,none ,sec #d1 #bjjj #d1 #bjjj #d1 #bjjj #df 4444444 4444444 #d1 #ahjj #b1 varies #b1 varies ,,comparative ,,executive ,,table ,,of ,,the ,,states4 ,transcriber's ,notes3 ,next set of columns1 continuing table4 ,usual ,administrative ,officers4 ---------------------------------------- ---- ,attorney ,supt4 of ,public ,railroad ,general ,instruction ,commissioners #a #b1 #aejj #bbej;j #b1 #cjjj;c #b #b1 #aejj #b1 #afjj ,gov41 ,sec4 #c #d1 #cjjj #d1 #cjjj #d1 #djjj #d #b1 #bjjj #b1 #cjjj 4444444444 #e #b1 #abjj #b1 #cjjj #b1 #cjjj #f #d1 #bjj #d1 #aejj 4444444444 #g #d1 #aejj #d1 #aejj 4444444444 #h #b1 #bjjj #b1 #bjjj #b1 #bejj #i #b1 #bjjj #b1 #aejj 4444444444 #aj #d1 #cejj #d1 #cejj #b1 #cejj #aa #b1 #bejj #b1 #bejj 4444444444 #ab #aejj #b1 #bbjj #c1 #cjjj #ac #b1 #bejj #b1 #bjjj #c1 #cjjj #ad #d1 #ejj #d1 #bdjj #b1 #bjjj #ae #d1 #cjjj #d1 #bjjj 4444444444 #af #b1 #ajjj #c1 #ajjj #c1 #ajjj #ag #d1 #cjjj #b1 #bejj 4444444444 #ah #a1 #djjj #a1 #cdjj #c1 #cejj #ai #b1 #cjjj #b1 #bjjj #b1 #aj_/;day #bj #b1 #cejj #b1 #bejj;j #c1 #cjjj #ba #d1 #bejj #d1 #bjjj #c1 #bejj #bb 4444444 #d1 #cjjj #f1 #cjjj #bc #d1 #cjjj #d1 #bejj 4444444444 #bd #b1 #bjjj #b1 #bjjj 4444444444 #be #d1 #cjjj #d1 #bdjj 4444444444 #bf #e1 #bbjj #b1 #bejj #c1 #bejj #bg #e1 #gjjj #c1 #cjjj 4444444444 #bh #b1 #ejjj #c1 #ejjj #c1 #hjjj #bi #d1 #bjjj #d1 #aejj #cj #b1 #bjjj #b1 #bjjj #b1 #bjjj #ca #b1 #bjjj #c1 #bjjj #b1 #bjjj #cb #d1 #aejj 4444444444 #cc #cejj;j #d1 #bejj 4444444444 #cd #a1 #dejj #cjjj;j #a1 #ejj #ce #b1 #bajj #b1 #bajj #f1 #cjjj #cf #b1 #ajjj #b1 #ahjj 4444444444 #cg #f1 #cjjj #b1 #acjj #ch #b1 #bjjj #b1 #bejj #b1 #cjjj #ci #d1 #aejj #d1 #aejj 4444444444 #dj 4444444444 #b1 #adjj #b1 #ejj;j #da #d1 #bejj #d1 #bejj #cjjj #db #d1 #bjjj #d1 #bejj 4444444444 #dc #d1 #acjj #d1 #aejj 4444444444 #dd #b1 #cjjj #b1 #cejj #b1 #cjjj #de 4444444444 #d1 #bjjj 4444444444 #df 4444444444 #b1 varies 4444444444 ,footnote a3 ,that is1 #cj years old1 a citizen of the state1 and a resident thereof #g years4 ,footnote b3 ,plurality or majority to elect4 ,footnote c3 ,there are three railroad commissioners each in ,ala41 ,cal41 ,conn41 ,ga41 ,ill41 ,iowa1 ,kan41 ,ky41 ,me41 ,mass41 ,minn41 ,miss41 ,mo41 ,n4,d41 ,n4,h41 ,n4,y41 ,s4,c2 one in other states4 ,footnote d3 ,in case no one has a majority1 election goes to legislature4 ,footnote e3 ,that is1 the order of succession is ,lieutenant ,governor1 ,president of ,senate1 ,speaker of ,house4 ,footnote f3 ,governor must be native citizen of ,u4,s4 ,footnote g3 ,in ,oregon the ,secretary of ,state is also ex-officio ,lieutenant ,governor1 ,auditor1 and one of the ,land ,commissioners4 ,footnote h3 ,ineligible for succeeding term4 ,footnote i3 ,in ,delaware1 ,north ,carolina1 ,ohio1 and ,rhode ,island the ,governor has no veto4 ,footnote j3 ,appointed4 ,footnote #a3 ,in these thirteen states the ,governor also has the use of the ,executive ,mansion of the state4 ,footnote #b3 ,in these states the ,lieutenant ,governor may debate in committee of the whole4 ,footnote #c3 ,that is1 the order of succession is ,president of ,senate1 ,speaker of ,house4 ,footnote #d3 ,thirty years old2 citizen of the ,united ,states1 #ab2 and of the state1 #f years4 ,in ,me41 ,mass41 ,n4,h41 and ,vt4 the ,governor is assisted by an executive council of #g1 #h1 #ab1 and #e members respectively4 ,,comparative ,,judicial ,,table ,,of ,,the ,,states4 ,transcriber's ,note3 ,this table is formatted in the same way as the ,executive and ,legislative ,tables above it4 ,see notes above for details4 ,in addition1 places where the scanned text is illegible are marked with a 994 ,supreme ,court -------------------------------------- ,chief ,states4 ,members ,justice ,election ,term #a ,alabama #c ,a ,p'ple #f #b ,arkansas #c ,a ,p #h #c ,california #g ,c ,p #ab #d ,colorado #c ,c ,p #i #e ,connecticut #e ,a ,leg4 #h #f ,delaware #e ,a ,gov4 ,life #g ,florida #c ,a ,gov4 ,life #h ,georgia #c ,a ,leg4 #ab #i ,idaho #c ,c ,p #f #aj ,illinois #g ,b ,p #i #aa ,indiana #e ,b ,p #f #ab ,iowa #e ,c ,p #f #ac ,kansas #c ,a ,p #f #ad ,kentucky #d ,c ,p #f #ae ,louisiana #e ,a ,gov4 #ab #af ,maine #h ,a ,gov4 #g #ag ,maryland #i ,a ,p #ae #ah ,massachusetts #g ,a ,gov4 ,life #ai ,michigan #e ,a ,p #aj #bj ,minnesota #e ,a ,p #f #ba ,mississippi #c ,a ,gov4 #i #bb ,missouri #e ,a ,p #aj #bc ,montana #c ,a ,p #f #bd ,nebraska #c ,c ,p #f #be ,nevada #c ,a ,p #f #bf ,new ,hampshire #g ,a ,gov4 till #gj #bg ,new ,jersey #i ,a ,gov4 #g #bh ,new ,york #g ,a ,p #ad #bi ,north ,carolina #c ,a ,p #h #cj ,north ,dakota #c ,c ,p #f #ca ,ohio 99 ,a ,p #e #cb ,oregon #d ,c ,p #f #cc ,pennsylvania #g ,c ,p #ba #cd ,rhode ,island #f ,a ,leg4 ,life #ce ,south ,carolina #c ,a ,leg4 #f #cf ,south ,dakota #c ,b ,p #f #cg ,tennessee #e ,a ,p #h #ch ,texas #c ,a ,p #f #ci ,utah #c ,c ,p #f #dj ,vermont 99 99 ,leg4 #b #da ,virginia 99 ,b ,leg4 #ab #db ,washington #c ,c ,p #f #dc ,west ,virginia #d ,a ,p #ab #dd ,wyoming #c ,c ,p #h #de ,territories #c-f ,a ,pres4 #d ,,comparative ,,judicial ,,table ,,of ,,the ,,states4 ,transcriber's ,notes3 ,next set of columns1 continuing table4 ,supreme ,court ,circuit ,court ---------------------------------------- ---------------- ,qualifi- ,juris- ,meetings ,salary cations diction ,election ,term #a #a #cfjj #be ,l ,p #f #b #b #cjjj #cj1;,c1r#b1,l#h ,l ,p #d #c #c #fjjj 4444444444 ,,le ,p #f #d #b #ejjj #cj1;,c1r#b1,,ll ,,le ,p #f #e #fa #dejj 4444444444 ,,le 44444444 #h #djjj #f #b #bejj 4444444444 ,held by ,s4,c4 ,judges4 #bbjj #g #c #cjjj 4444444444 ,,le ,gov4 #f #h #b #cjjj #cj1;c#c1,l#g ,,le ,p #d #i #d #cjjj #cj1;,c1r#b ,,le ,p #d #aj #fa #ejjj #cj1;,c1r#e ,,le ,p #d #aa #b #ejjj 4444444444 ,,le ,p #f #ab #d #djjj 4444444444 ,,le ,p #d #ac #aa #cjjj 4444444444 ,,le ,p #d #ad #b #djjj #cj1;,c1r#b1,l#h ,,le ,p #f #ae #d #ejjj 4444444444 ,l ,p #d #af #c #cjjj 4444444444 ,by ,judges ,supreme ,ct4 #ag #c #cejj #cj1;c#e1,,ll ,,le ,p #ae #ah #c #cjjj 4444444444 ,l ,gov4 ,lf4 #ai #d #ejjj 4444444444 ,,le ,p #f #bj #b #ejjj 4444444444 ,,le ,p #f #ba #b #cejj #cj1;c#b ,l ,gov4 #f #bb #b #dejj #cj1;,c1c#e1,,ll ,,le ,p #f #bc #c #djjj #cj1;,c1r#b1,,ll ,,le ,p #d #bd #b #bejj #cj1;,c1r#c ,,le ,p #d #be #d #gjjj 4444444444 ,,le ,p #fjjj #bf #b #cejj 4444444444 ,held by ,judges of ,sup4 ,ct4 #ccjj #bg #c #ajjjj 4444444444 ,l ,leg #e #ijjj #bh #b #abejj ,held by ,judges of ,sup4 ,ct4 #bi #b #bejj #cj #c #cj1;,c1r#c1,,ll ,,le ,p #d #ca #a #ejjj ,p #e #cb #b #bjjj ,,le ,p #f #cc #c #h99jj ,l ,p #aj #cd 99 9999#jj ,held by ,judges of ,sup4 ,ct4 99#jjj #ce #b #djjj #cj1;,c1r#e ,l ,leg #d #cejj #cf #b #bejj #cj1;,c1r#b1,,ll ,,le ,p #d #cg #c #djjj #cj1r#e ,l ,p #h #ch #c #cejj #cj1;,c1c1,l#g ,,le ,p #d #ci #c #cjjj #cj1,,ll1r#e ,l ,p #d #dj #cjjj ,held by ,judges of ,sup4 ,ct4 #da #c #c99ej ,,le ,leg #h 99#jjj #db #c #djjj #a,,le ,p #d #dc #c #bbej ,,le ,p #h #dd #b #cj1;,c1r#c1,l#i ,,le ,p #f #de #cjjj ,,le ,judges of ,s4,c4 ,,comparative ,,judicial ,,table ,,of ,,the ,,states4 ,transcriber's ,notes3 ,next set of columns1 continuing table4 ,probate ,court ,justice ,court ,remarks ---------------------------------------- ------------------ ,juris- ,election ,term ,juris- ,number ,term 7,municipal and diction diction ,special courts not given7 #a ,pr4#b ,p'ple #f #ajj #b 4444 ,chancery4 #b ,pr4#b ,p #b #ajj #b #b ,com4 ,pleas4 #c ,pr4#b,l ,p #d #cjj #b #b ,naturalization #d ,pr4#b;,c ,p #c #cjj 444444 #b in ,county ,court #e 44444444 44444 4444 #ajj 444444 4444 ,common ,pleas1 less than #ejj #f ,held by the ,chancellor #ajj 444444 4444 ,chancery4 #g ,pr4 ,l ,gov4 #d #ajj ,gov4 #d #h ,pr4#b ,p #d #ajj ,p #d ,superior ,ct4 between4 ,c4 and ,s4,c4 #i ,pr4#b ,p 4444 #cjj 444444 4444 #aj ,pr4#b ,p #d #bjj 444444 #d ,appellate ,courts #aa ,in ,circuit ,court #bjj 444444 #d compos'd of ,circuit ,judges #ab ,in ,circuit ,court #ajj 444444 4444 ,by consent of parties1 #cjj4 #ac ,pr4#b ,p #b #cjj #b #b #ad ,pr4#b ,p #d #ej #b #d #ae ,pr4 #ejj 44444 4444 #ajj 444444 #b ,no equity proceedings in ,la4 #af ,pr4#b,l 44444 4444 #ej 444444 4444 ,probate ,court #ag ,pr4 ,p #f #ajj ,gov4 #b also ,court of ,insolvency4 #ah ,pr4#b,l ,gov4 ,lf4 #cjj ,gov4 #g ,probate ,court #ai ,p4 ,p #d #cjj #d #d also ,court of ,insolvency4 #bj ,pr4#b ,p #b #ajj #b #b #ba ,in ,chancery ,court #aej #d #b ,chancery4 #bb ,pr4 ,p 4444 #aej #e 4444 #bc 44444444 44444 4444 #cjj #b 4444 #bd ,pr4#b,l ,p #b #ajj #b #b #be #cjj #bf ,pr4 #ajj #bg #ajj ,chancellor1 #aj1jjj4 #bh ,pr4 ,p #bjj ,probate ,court called ,surrogate #bi ,clk ,superior ,ct acts as #bjj ,cir4 ,ct called ,probate ,judge ,superior ,ct4 #cj ,pr4#b,l #bjj #ca ,pr4#b ,p #c #ajj #c ,there is a ,court of #cb ,pr4#b ,p #d #bej ,common ,pleas #cc ,pr4#b ,p #ajj #b ,prob4 ,ct called #cd ,town ,councils are ,prb ,cts #ajj ,orphan's ,ct4 #ce ,pr4#b ,p #b #ajj #d #cf ,pr4#b,l ,p #b #ajj #b #cg ,pr4 #ajj #b #ch ,pr4#b ,p #b #bjj #a #f ,just4 of ,peace are ,county ,com'rs and ,prob4 ,ct4 #ci ,district ,judges #b ,ct of ,appeals below ,s4,c4 #dj ,pr4#b,l #b #bjj #b ,chancery ,court by ,judges of ,s4,c4 #da ,pr4#b ,leg #f #ajj #db #dc ,pr4#b ,p #d #ajj #b #d ,two ,j4,p4s associated with ,pr4 ,j in holding court #dd #bjj #e #de ,pr4#b #ajj ,the three modes of selecting the ,chief ,justice are by electing or appointing one as such1 by leaving the judges themselves to determine which shall act1 or by a provision making the one whose term expires first act4 ,these modes are indicated in the table by ,a1 ,b1 and ,c1 respectively4 ,in the salary column1 where two numbers appear1 the upper is the salary of the ,chief ,justice4 ,in giving jurisdiction of ,circuit courts1 ,l means law only1 ,,le means jurisdiction in both law and equity1 #cj1 ,c1 c1 ,l#g means #cj years old1 a citizen of the ,,us and of the state1 and seven years legal practice4 ,,ll means learned in the law4 ,in ,me1 ,mass1 ,n4,h41 and ,s4,d41 the ,supreme ,court is required to give legal advice to the ,governor4 ,footnote #a3 ,called ,superior ,court1 at least one in each county4 ,this court also exercises the ,probate powers4 ,footnote #b3 ,probate ,court given some other duty1 unrelated to its regular function4 ,l means that it has also certain civil jurisdiction4 ,footnote #c3 ,continuous4 ,footnote #d3 ,competent number4 ,footnote #e3 ,as many as are needed4 ,,comparative ,,suffrage ,,table4 ,transcriber's ,note3 ,this table crosses facing pages of the book 7,portrait orientation74 ,thus1 reference numbers are used as in the tables above to refer to the states the information belongs to4 ,states ,age ,requirement ,as ,to ,residence ,residence ,citizenship of ,u4,s4 ,in ,state ,in ,county #a ,alabama #ba ,citizens or declared #a year #c months intention #b ,arkansas #ba ,citizens or declared #a year #f months intention #c ,california #ba ,actual citizens #a year #ij days #d ,colorado #ba ,citizens or declared #f months intention #e ,connecticut #ba ,actual citizens #a year #f months #f ,delaware #ba ,actual county #a year #a month taxpayers #g ,florida #ba ,united ,states #a year #f months citizens or declared intention #h ,georgia #ba ,actual citizens #a year #f months #i ,idaho #ba ,actual citizens #f months #cj days #aj ,illinois #ba ,actual citizens #a year #ij days #aa ,indiana #ba ,citizens or declared #f months #fj days intention #ab ,iowa #ba ,actual citizens #f months #fj days #ac ,kansas #ba ,citizens or declared #f months intention #ad ,kentucky #ba ,free white male #b years #a year citizens #ae ,louisiana #ba ,citizens or declared #a year #f months intention #af ,maine #ba ,actual citizens #c months #ag ,maryland #ba ,actual citizens #a year #f months #ah ,massachusetts #ba ,actual citizens #a year #ai ,michigan #ba ,citizens or declared #c months intention #bj ,minnesota #ba ,actual citizens for #a year #c months #ba ,mississippi #ba ,actual citizens #f months #a month #bb ,missouri #ba ,citizens or declared #a year #fj days intention #bc ,montana #ba ,actual citizens #a year #bd ,nebraska #ba ,citizens or declared #f months intention #be ,nevada #ba ,citizens or declared #f months #cj days intention #bf ,new ,hampshire #ba ,actual citizens #bg ,new ,jersey #ba ,actual citizens #a year #e months #bh ,new ,york #ba ,actual citizens for #a year #d months #ij days #bi ,north ,carolina #ba ,actual citizens #ab months #ij days #cj ,north ,dakota #ba ,cit or dec intent or #a year #f months ,indians #b yrs out of tribal relations #ca ,ohio #ba ,actual citizens #a year #cb ,oregon #ba ,citizens or declared #f months intention #cc ,pennsylvania #ba ,actual citizens #a year #cd ,rhode ,island #ba ,actual tax paying #a year citizens #ce ,south ,carolina #ba ,actual citizens #a year #cf ,south ,dakota #ba ,citizens or declared #f months #fj days intention #cg ,tennessee #ba ,actual citizens #ab months #cj days #ch ,texas #ba ,citizens or declared #a year #f months intention #ci ,utah #ba ,actual citizens for #a year #d months #ij days #dj ,vermont #ba ,actual citizens #a year #da ,virginia #ba ,actual citizens #ab months #db ,washington #ba ,actual citizens #a year #ij days #dc ,west ,virginia #ba ,actual citizens #a year #fj days #dd ,wisconsin #ba ,citizens or declared #a year intention #de ,wyoming #ba ,actual citizens #a year #fj days ,,comparative ,,suffrage ,,table4 ,transcriber's ,notes3 ,next set of columns1 continuing table4 ,residence ,registration ,excluded ,from ,voting ,in ,voting ,precinct #a #a month ,legislature may regulate ,idiots ,indians convicted of crime #b #a month ,prohibited as a bar to ,idiots ,indians convicted of suffrage crime #c #cj days ,registration required by ,idiots ,indians convicts law ,chinese #d ,required by constitution ,persons in prison #e #f months ,required by law ,those unable to read and convicts #f ,no registration required ,idiots insane paupers criminals #g ,required by constitution ,idiots insane criminals bettors on elections duelists #h ,leg may regulate no act ,idiots insane criminals non-taxpayers #i ,required by constitution ,idiots criminals polygamists #aj #cj days ,required by law ,convicts #aa #cj days ,no law for registration ,fraudulent voters and bribers #ab ,required by law ,idiots insane criminals #ac #cj days ,required in cities only ,idiots insane convicts #ad #fj days ,no registration required ,bribery robbery forgery c #ae #cj days ,legislature my regulate ,idiots insane criminals #af ,required by law ,paupers ,indians not taxed #ag ,required by constitution ,lunatics convicts1 and guilty of bribery #ah #f months ,required by law ,paupers persons under guardians non-taxpayers and men unable to read and write #ai #aj days ,required by law ,duelists #bj #aj days ,required by law ,idiots insane convicts #ba ,required by constitution ,idiots insane criminals #bb ,required by constitution ,inmates of asylums1 in cities only poorhouses1 and prisons1 ,,us army #bc ,leg may require ,insane #bd ,required by law ,idiots convicts ,,us army #be ,required by constitution ,idiots insane convicts #bf ,town #f ms ,required by law ,paupers #bg ,required in cities of ,paupers idiots insane #aj1jjj convicts #bh #cj days ,required in cities of ,election bettors or bribers #aj1jjj convicts #bi ,required by constitution ,convicts #cj #ij days ,convicts1 insane #ca ,no registration required ,idiots insane #cb ,idiots insane convicts ,,us army ,chinese #cc #b months ,required by constitution ,non-taxpayers political bribers #cd ,town #f ms ,required by law ,persons without property to the value of #acd #ce ,required by constitution ,insane inmates of asylums almshouses prisons1 ,,us army1 duelists #cf #aj days ,convicts insane #cg ,no registration required ,non-payers of poll tax #ch #f months ,prohibited by ,lunatics1 idiots1 paupers1 constitution convicts1 ,,us army #ci #fj days ,idiots criminals #dj ,town #c ms ,required by law ,bribers #da ,required by law ,lunatics idiots convicts1 duelists1 ,,us army #db #cj days ,required by law ,convicts1 insane #dc ,prohibited by ,lunatics paupers convicts constitution #dd ,required by law ,insane idiot convict briber bettor1 duelist #de ,required by constitution ,idiots insane criminals ,,comparative ,,legislative ,,table ,,of ,,principal ,,constitutional ,,governments4 ,transcriber's ,note3 ,this table crosses facing pages of the book 7,portrait orientation74 ,thus1 reference numbers are used as in the tables above to refer to the nations the information belongs to4 ,both ,houses ------------------------------------ ,names of ,kind of ,name applied ,names of the ,mtgs4 ,nations4 ,gov't4 to the ,houses4 ,legislative ,body4 #a ,austria- ,f4,h4,m4 ,delegations4 ,upper1 ,a ,hungary ,lower #b ,austria ,s4,h4,m4 ,diet or ,herrenhaus1 ,a ,reichsrath4 ,abgeordnetenhaus #c ,hungary ,s4,h4,m4 ,diet or ,magnates1 ,a ,reichstag4 ,representatives4 #d ,belgium ,s4,h4,m4 ,legislative ,senate1 ,a ,chambers4 ,deputies4 #e ,denmark ,s4,h4,m4 ,diet or ,landsthing1 ,a ,rigsdag4 ,folkething4 #f ,france ,s4,r4 ,assembly4 ,senate1 ,a ,deputies4 #g ,germany ,f4,h4,m4 444444444444 ,bundesrath1 ,a ,reichstag4 #h ,prussia ,s4,h4,m4 ,legislative ,herrenhaus1 ,a ,chambers4 ,abgeordnetenhaus #i ,great ,britain ,f4,h4,m4 ,parliament4 ,lords1 ,a ,commons4 #aj ,italy ,s4,h4,m4 ,legislative ,senate1 ,a ,chambers4 ,deputati4 #aa ,netherlands ,s4,h4,m4 ,states- ,upper1 ,a ,general4 ,lower4 #ab ,spain ,s4,h4,m4 ,cortex4 ,senate1 ,a ,congress4 #ac ,sweden ,s4,h4,m4#c ,diet4 ,upper1 ,a ,lower4 #ad ,norway ,s4,h4,m4 ,storthing4 ,lagthing1 ,a ,odolsthing4 #ae ,switzerland ,f4,r4 ,bundes- ,standerath1 ,a ,versammlung4 ,nationalrath4 #af ,argentina ,f4,r4 ,congress4 ,senate1 ,a ,deputies #ag ,columbia ,f4,r4 ,congress4 ,senate1 ,a ,h4 of ,r4 #ah ,mexico ,f4,r4 ,congress4 ,senate1 ,a ,h4 of ,r4 #ai ,brazil ,f4,r4 ,legislative ,senate1 ,a ,assembly4 ,congress4 ,,comparative ,,legislative ,,table ,,of ,,principal ,,constitutional ,,governments4 ,transcriber's ,notes3 ,next set of columns1 continuing table4 ,upper ,house ---------------------------------------- ------ ,how ,composed4 ,election ,term ,qualifications #a #bj ,austrians1 ,state ,leg4 #bj ,hungarians #b ,royal ,princes1 life ,nobles1 #c ,archbishops1 life ,appointees #d #fh ,people #h #dj1;c1r1,p #e #ff #ab ap1 #h #be1r #ed el #f #cjj #ge for life #dj1;c #bbe for #i #g #ei ,states #a #h ,royal ,princes1 ,sovereign life ,hered ,nobles1 ,appointees1 c #i ,hered ,nobles1 ,sovereign life ,bishops1 ,life ,peers1 etc4 #aj ,royal ,princes1 ,sovereign life ,appointees #djb #aa #ci ,by #b ,divisions #ab ,hered ,nobles1 ,sovereign #ajj ,life ,sen #acj elected by,states #aj #ac #acg1 one for #i #ce1,p #cj1jjj #ad ,one-fourth of ,people #c ,storthing indirectly #ae #dd1 #b from ,by cantons #c ,voter each canton #af #bh1 #b from ,by each province provinces #ag #bg1 #c from ,by the each state states #ah #ed1 #b from ,state ,leg4 #f #cj each state #ai #eh ,people #dj1,n1,p indirectly ,,comparative ,,legislative ,,table ,,of ,,principal ,,constitutional ,,governments4 ,transcriber's ,notes3 ,next set of columns1 continuing table4 ,lower ,house ---------------------------------------- ----- ,how ,composed4 ,election ,term ,qualifications ,salaries #a #dj ,austrians1 ,state ,leg4 #dj ,hungarians #b #cec ,people #f #aghj1 yr #c #dde #c #d #acf1 one for #d #be1;c1r #hd1 m h #dj1jjj inh #e #ajb #c #be1r #d1 day #f #eeg #d #be1;c #aghj1 yr #g #cig #c #h #dcc ,people #c #cj1;c indirectly #i #feh ,people #g #ba1;c ,none indirectly #aj #ejh1 one for #e #cj1,v1,p ,none #dj1jjj inh #aa #hf1 one for #c #hcj1 yr #de1jjj inh #ab ,one for #e #be #ej1jjj inh #ac #fd1 town1 #c #ba1,p #adj1 country #ad #c_/d of ,people #c ,storthing indirectly #ae #ace1 one for ,people #c ,voter #b4ej1 dy #bj1jjj inh #af #ej #ajdj1 yr #ag #ff1 one for #b #ej1jjj inh #ah #cca1 one for #b #be1r1#h #hj1jjj inh #ai #abb ,people #d ,n1,p indirectly ,transcriber's ,note3 ,perhaps because of a poor scan1 ,i cannot find the places where footnotes #a and #b are referenced4 ,footnote #a3 ,the ,chancellor is responsible only to the ,emperor4 ,the administration is through the ,bundesrath in seven standing committees4 ,footnote #b3 ,these appointees must have held high office1 or be eminent in science1 literature or art1 or pay annual taxes of at least #fjj4 ,footnote #c3 ,sweden and ,norway form a ,f4,h4,m4 ,in giving qualifications1 ,n means native1 and ,p means a property qualification4 ,greece has only one chamber in its legislature4 ,consult the ,statesman's ,year-,book1 or an encyclopedia4 ,,table ,,of ,,rulers or ,,principal ,,nations1 #ahig4 ,,year ,,of ,,date ,,of ,,governments ,,rulers ,,title ,,birth ,,accession ,argentina ,jose ,e4 ,uriburu ,president ,jan #bb1 '#ie ,austria ,hungary ,franz ,joset ,i ,emperor #ahcj ,dec #b '#dh ,belgium ,leopold ,,ii ,king #ahce ,dec #aj '#fe ,bolivia ,general ,alonzo ,president ,aug -- '#if ,brazil ,prudente de ,moraes ,president #ahda ,nov #ae '#id ,bulgaria ,ferdinand ,i ,prince #ahfa ,july #g '#hg ,chili ,fed4 ,errazuriz ,president #ahej ,sept #ah '#if ,china ,tsai ,tien ,emperor #ahgb ,jan #ab '#ge ,colombia 7,,us of7 ,m4,a4 ,caro ,president ,sept #ah '#id ,denmark ,christian ,,ix ,king #ahah ,nov #ae '#fc ,ecuador ,gen ,eloy ,alfaro ,president #ahdc ------- '#ig ,france ,franois ,f4 ,faure ,president #ahda ,jan #ag '#ie ,germany ,wilhelm ,,ii ,emperor #ahei ,june #ae '#hh ,baden ,friedrich ,i ,grand ,duke #ahbf ,apr #bd '#eb ,bavaria ,otto ,i ,king #ahdh ,june #ac '#hf ,hesse ,ernst ,louis ,v ,grand ,duke #ahfh ,mar #ac '#ib ,mecklenburg ,schwerm ,friedrich ,franz ,,iii ,grand ,duke #ahca ,apr #ae '#hc ,mecklenburg ,strelitz ,friedrich ,wilhelm ,grand ,duke #ahai ,sept #f '#fj ,oldenburg ,nicholas ,f4 ,peter ,grand ,duke #ahbg ,feb #bg '#cc ,prussia ,wilhelm ,,ii ,king #ahei ,june #ae '#hh ,saxony ,albert ,king #ahbh ,oct #bi '#gc ,wurttemberg ,wilhelm ,,ii ,king #ahdh ,oct #f '#ia ,great ,britain and ,ireland ,victoria ,i ,queen #ahai ,june #bj '#cg ,british ,india ,earl of ,elgan ,viceroy #ahdi ------- '#id ,canada ,dominion of ,earl of ,aberdeen ,gov ,gen #ahdg ,sept -- '#ic ,greece ,georgios ,i ,king #ahde ,june #e '#fc ,guatemala ,gen4 ,j4,m4,r4 ,burios ,president #ahec ,mar #ae '#ib ,haiti ,gen4 ,tiresias ,a4,s4 ,president ------- '#if ,sam ,hawaiian ,islands ,sanford ,b4 ,dole ,president #ahdd ,july #d '#id ,honduras ,dr4 ,p4 ,bonilla ,president ,jan #a '#ie ,italy ,humbert ,i ,king #ahdd ,jan #i '#gh ,japan ,mutsu ,hito ,emperor #aheb ,feb #ac '#fg ,korea ,yi ,hi ,king #ahea ------- '#fd ,mexico ,porfirio ,diaz ,president #ahcj ------- '#hd ,montenegro ,nicholas ,i ,prince #ahda ,aug #ad '#fj ,morocco ,abdul ,azziz ,sultan #ahgh ,june #g '#id ,netherlands ,wilhelmina ,queen #ahhj ,nov #bc '#ij ,nicaragua ,gen4 ,santos ,zelaya ,president #ahec ,feb #a '#id ,paraguay ,gen4 ,fgusquiza ,president ,nov #be '#id ,persia ,mozaffer ed ,din ,shah #ahec ,may #a '#if ,peru ,nicolas de ,pierola ,president ,aug #ab '#ie ,portugal ,carlos ,i ,king #ahfc ,oct #ai '#hi ,rome 7,pontificate of7 ,leo ,,xiii ,pope #ahaj ,feb #bj '#gh ,romania ,carol ,i ,king #ahci ,mar #bf '#ha ,russia ,nicholas ,,ii ,emperor #ahfh ,nov #a '#id ,santo ,domingo ,ulises ,heureaux ,president ---- '#hf ,servia ,alexander ,i ,king #ahgf ,mar #f '#hi ,siam ,chulalongkorn ,i ,king #ahec ,oct #a '#fh ,south ,african ,rep'blic ,s4,j4 ,paul ,kruger ,president #ahbe ,may #ab '#ic ,spain ,alfonso ,,xiii ,king #ahhf ,may #ag '#hf ,sweden and ,norway ,oscar ,,ii ,king #ahbi ,sept #ah '#gb ,switzerland ,adrien ,lachenal ,president ,jan #a '#if ,turkey ,abdul ,hamid ,,ii ,sultan #ahdb ,aug #ca1 '#gf ,egypt ,abbas ,,ii ,khedive #ahgd ,jan #g '#ib ,united ,states ,william ,mc,kinley ,president #ahdc ,mar #d '#ig ,uruguay ,idiarte ,borda ,president #ahdd ,mar #a '#id ,venezuela ,joaquin ,crespo ,president #ahda ,mar #e1 '#id ,,presidents ,,of ,,the ,,united ,,states4 ,name ,birthplace ,year ,paternal ,resi- ,year ,ancestry dence ,inaug4 #a ,george ,washington ,westmoreland #agcb ,english ,va4 #aghi ,co41 ,va4 #b ,john ,adams ,quincey1 ,mass4 #agce ,english ,mass4 #agig #c ,thomas ,jefferson ,shadwell1 ,va4 #agdc ,welsh ,va4 #ahja #d ,james ,madison ,port ,conway1 #agea ,english ,va4 #ahji ,va4 #e ,james ,monroe ,westmoreland #ageh ,scotch ,va4 #ahag ,co41 ,va4 #f ,john ,quincy ,adams ,quincey1 ,mass4 #agfg ,english ,mass4 #ahbe #g ,andrew ,jackson ,union ,co41 ,n4,c4#agfg ,scotch- ,tenn4 #ahbi ,irish #h ,martin ,van ,buren ,kinderhook1 #aghb ,dutch ,n4,y4 #ahcg ,n4,y4 #i ,william ,h4 ,berkeley1 ,va4 #aggc ,english ,o4 #ahda ,harrison #aj ,john ,tyler ,greenway1 ,va4 #agij ,english ,va4 #ahda #aa ,james ,k4 ,polk ,mecklenburg #agie ,scotch- ,tenn4 #ahde ,co41 ,n4,c4 ,irish #ab ,zachary ,taylor ,orange ,co41 ,va4#aghd ,english ,la4 #ahdi #ac ,millard ,fillmore ,summer ,hill1 #ahjj ,english ,n4,y4 #ahej ,n4,y4 #ad ,franklin ,pierce ,hillsboro1 ,n4,h4#ahjd ,english ,n4,h4 #ahec #ae ,james ,buchanan ,cove ,gam1 ,pa4 #agia ,scotch- ,pa4 #aheg ,irish #af ,abraham ,lincoln ,larue ,co41 ,ky4 #ahji ,english ,ill4 #ahfa #ag ,andrew ,johnson ,raleigh1 ,n4,c4 #ahjh ,english ,tenn4 #ahfe #ah ,ulysses ,s4 ,grant ,point ,pleasant1#ahbb ,scotch ,d4,c4 #ahfi ,o4 #ai ,rutherford ,b4 ,delaware1 ,o4 #ahbb ,scotch ,o4 #ahgg ,hayes #bj ,james ,a4 ,garfield ,cuyahoga ,co41 #ahca ,english ,o4 #ahha ,o4 #ba ,chester ,a4 ,arthur ,fairfield1 ,vt4 #ahcj ,scotch- ,n4,y4 #ahha ,irish #bb ,grover ,cleveland ,caldwell1 ,n4,j4 #ahcg ,english ,n4,y4 #ahhc #bc ,benjamin ,harrison ,north ,bend1 ,o4 #ahcc ,english ,ind4 #ahhi #bd ,grover ,cleveland ,caldwell1 ,n4,j4 #ahcg ,english ,n4,y4 #ahic #be ,william ,mc,kinley ,niles1 ,o4 #ahdc ,scotch- ,o4 #ahig ,irish ,,vice-,,presidents ,,of ,,the ,,united ,,states4 ,name ,birthplace ,year ,paternal ,resi- ,inaug4 ,ancestry dence #a ,john ,adams ,quincey1 ,mass4 #agce ,english ,mass4 #aghi #b ,thomas ,shadwell1 ,va4 #agdc ,welsh ,va4 #agig ,jefferson #c ,aaron ,burr ,newark1 ,n4,j4 #agef ,english ,n4,y4 #ahja #d ,george ,clinton ,ulster ,co41 ,n4,y4 #agci ,english ,n4,y4 #ahje #e ,elbridge ,gerry ,marblehead1 ,mass4 #agdd ,english ,mass4 #ahac #f ,daniel ,d4 ,scarsdale1 ,n4,y4 #aggd ,english ,n4,y4 #ahag ,tompkins #g ,john ,c4 ,abbeville1 ,s4,c4 #aghb ,scotch- ,s4,c4 #ahbe ,calhoun ,irish #h ,martin ,van ,kinderhook1 ,n4,y4 #aghb ,dutch ,n4,y4 #ahcc ,buren #i ,richard ,m4 ,louisville1 ,ky4 #aghj ,english ,ky4 #ahcg ,johnson #aj ,john ,tyler ,greenway1 ,va4 #agij ,english ,va4 #ahda #aa ,george ,m4 ,philadelphia1 ,pa4 #agib ,english ,pa4 #ahde ,dallas #ab ,millard ,summer ,hill1 ,n4,y4 #ahjj ,english ,n4,y4 #ahdi ,fillmore #ac ,william ,r4 ,sampson ,co41 ,n4,c4 #aghf ,english ,ala4 #ahec ,king #ad ,john ,c4 ,lexington1 ,ky4 #ahba ,scotch ,ky4 #aheg ,breckinridge #ae ,hannibal ,paris1 ,me4 #ahji ,english ,me4 #ahfa ,hamlin #af ,andrew ,johnson ,raleigh1 ,n4,c4 #ahjh ,english ,tenn4 #ahfe #ag ,schuyler ,new ,york ,city #ahbc ,english ,ind4 #ahfi ,colfax #ah ,henry ,wilson ,farmington1 ,n4,h4 #ahbb ,english ,mass4 #ahgc #ai ,william ,a4 ,malone1 ,n4,y4 #ahai ,english ,n4,y4 #ahgg ,wheeler #bj ,chester ,a4 ,fairfield1 ,vt4 #ahcj ,scotch- ,n4,y4 #ahha ,arthur ,irish #ba ,thomas ,a4 ,muskingum ,co41 ,o4 #ahai ,scotch- ,ind4 #ahhe ,hendricks ,irish #bb ,levi ,p4 ,morton ,shoreham1 ,vt4 #ahbd ,scotch ,n4,y4 #ahhi #bc ,adlai ,e4 ,christian ,co41 ,ky4#ahce ,scotch- ,ill4 #ahic ,stevenson ,irish #bd ,garret ,a4 ,long ,branch1 ,n4,j4 #ahdd ,english ,n4,j4 #ahig ,hobart ,,presidents ,,pro ,,tempore ,,of ,,the ,,united ,,states ,,senate4 ,,congress ,,years ,,name ,,state ,,born ,,died #a1 #b #aghi-ib ,john ,langdon ,n ,h #agci #ahai #b #agib ,richard ,h ,lee ,va #agcb #agid #b1 #c #agib #id ,john ,langdon ,n ,h #agci #ahai #c #agid #ie ,ralph ,izard ,s ,c #agdb #ahjd #c1 #d #agie #if ,henry ,tazewell ,va #agec #agii #d #agif #ig ,samuel ,livermore ,n ,h #agcb #ahjc #d1 #e #agig ,william ,bingham ,pa #agea #ahjd #e #agig ,william ,bradford ,r ,i #agbi #ahjh #e #agig #ih ,jacob ,read ,s ,c #ageb #ahaf #e #agih ,theo ,sedgwick ,mass #agdf #ahac #e #agih #ii ,john ,laurence ,n ,y #agej #ahaj #e #agii ,james ,ross ,pa #agfb #ahdg #f #agii-ahjj ,samuel ,livermore ,n ,h #agcb #ahjc #f #ahjj ,uriah ,tracy ,ct #agee #ahjg #f #ahjj-ahja ,john ,e ,howard ,md #ageb #ahbg #f #ahja ,james ,hillhouse ,ct #aged #ahcb #g #ahja #jb ,abraham ,baldwin ,ga #aged #ahjg #g #ahjb-jc ,stephen ,r ,bradley ,vt #aged #ahcj #h #ahjc #jd ,john ,brown ,ky #ageg #ahcg #h #ahjd-je ,jesse ,franklin ,n ,c #ageh #ahbc #h #ahje ,joseph ,anderson ,tenn #ageg #ahcg #i1 #aj #ahje-jh ,samuel ,smith ,md #ageb #ahbc #aj #ahjh-ji ,stephen ,r ,bradley ,vt #aged #ahcg #aj1 #aa #ahji ,john ,milledge ,ga #ageg #ahci #aa #ahji-aj ,andrew ,gregg ,pa #agee #ahce #aa #ahaj #aa ,john ,gaillard ,s ,c #ahbf #aa1 #ab #ahaa-ab ,john ,pope ,ky #aggj #ahde #ab1 #ac #ahab #ac ,wm ,h4 ,crawford ,ga #aggb #ahcd #ac #ahac #ad ,jos ,b ,varnum ,mass #agej #ahba #ac-ae #ahad-ah ,john ,gaillard ,s ,c #ahbf #ae #af #ahah #ai ,james ,barbour ,va #agge #ahdb #af #ai #ahbj-bf ,john ,gaillard ,s ,c #ahbf #ai1 #bj #ahbf #bh ,nathaniel ,macon ,n ,c #ageg #ahcg #bj #bb #ahbh-cb ,samuel ,smith ,md #ageb #ahci #bb #ahcb ,l ,w ,tazewell ,va #aggd #ahfc #bb1 #bc #ahcb-cd ,hugh ,l ,white ,tenn #aggc #ahdj #bc #ahcd #ce ,geo ,poindexter ,miss #aggi #ahec #bd #ahce #ce ,john ,tyler ,va #agij #ahfb #bd-bf #ahcf #da ,william ,r ,king ,ala #aghf #ahec #bf1 #bg #ahda #db ,samuel ,l ,southard ,n ,j #aghg #ahdb #bg #bi #ahdb #df ,w ,p ,mangum ,n ,c #agib #ahfa #bi1 #cj #ahdf-di ,d ,r ,atchison ,mo #ahjg #ahhf #ca1 #cb #ahej #eb ,william ,r ,king ,ala #aghf #ahec #cb #cc #aheb #ed ,d ,r ,atchison ,mo #ahjg #ahhf #cc #cd #ahed-eg ,jesse ,d ,bright ,ind #ahab #ahge #cd #aheg ,james ,m ,mason ,va #agih #ahga #ce1 #cf #aheg #fa ,benj ,fitzpatrick ,ala #ahjb #ahfi #cf #ch #ahfa-fd ,solomon ,foot ,vt #ahjb #ahff #ch #ahfd-fe ,daniel ,clark ,n ,h #ahji #ahia #ci #ahfe-fg ,lafayette ,s4 ,foster ,ct #ahjf #ahhj #dj #ahfg-fi ,benj ,f ,wade ,ohio #ahjj #ahgh #da1 #db #ahfi-gc ,henry ,b ,anthony ,r ,i #ahae #ahhd #dc #ahgc-ge ,m ,h ,carpenter ,wis #ahbd #ahha #dd1 #de #ahge #gi ,thomas ,w ,ferry ,mich #ahbg #ahif #df #ahgi-ha ,a ,g ,thurman ,ohio #ahac #ahie #dg #ahha ,thomas ,f ,bayard ,del #ahbh #dg #ahha-hc ,david ,david ,ill #ahae #ahhf #dh #ahhc #he ,geo ,f ,edmunds ,vt #ahah #di #ahhe #hg ,john ,sherman ,ohio #ahbc #aijj #di-ea #ahhg #ia ,john ,j ,ingalls ,kan #ahcc #eb #ahia-ic ,c ,f ,manderson ,neb #ahcg #ec #ahic-ie ,isham ,g ,harris ,tenn #ahah 4444 #ed1 #ee #ahie-ii ,william ,p ,frye ,me #ahca 4444 ,,speakers ,,of ,,the ,u4,s4 ,,house ,,of ,,representatives4 ,,congress4 ,,years4 ,,name4 ,,state4 ,,born4 ,,died4 #a #aghi-ia ,f4,a4 ,muhlenburg ,pa4 #agej #ahja #b #agia-ic ,jonathan ,trumbull ,ct4 #agdj #ahji #c #agic-ie ,f4,a4 ,muhlenburg ,pa4 #agej #ahja #d1 #e #agie-ii ,jonathan ,dayton ,n4,j4 #agfj #ahbd #f #agii-ahja ,theo4 ,sedgwick ,mass4 #agdf #ahac #g-i #ahja-jg ,nathaniel ,macon ,n4,c4 #ageg #ahcg #aj1 #aa #ahjg-aa ,joseph ,b4 ,varnum ,mass4 #agej #ahba #ab1 #ac #ahaa-ad ,henry ,clay ,ky4 #aggg #aheb #ac #ahad-ae ,langdon ,cheves ,s4,c4 #aggf #aheg #ad-af #ahae-bj ,henry ,clay ,ky4 #aggg #aheb #af #ahbj-ba ,john ,w4 ,taylor ,n4,y4 #aghd #ahed #ag #ahba-bc ,philip ,p4 ,barbour ,va4 #aghc #ahda #ah #ahbc-be ,henry ,clay ,ky4 #aggg #aheb #ai #ahbe-bg ,john ,w4 ,taylor ,n4,y4 #aghd #ahed #bj-bc #ahbg-cd ,andrew ,stevenson ,va4 #aghd #aheg #bc #ahcd-ce ,john ,bell ,tenn4 #agig #ahfi #bd1 #be #ahce-ci ,james ,k4 ,polk ,tenn4 #agie #ahdi #bf #ahci-da ,r4 ,m4 ,t4 ,hunter ,va4 #ahji #ahhg #bg #ahda-dc ,john ,white ,ky4 #ahje #ahde #bh #ahdc-de ,john ,w4 ,jones ,va4 #ahje #ahdh #bi #ahde-dg ,john ,w4 ,davis ,ind4 #agii #ahej #cj #ahdg-di ,robert ,c4 ,winthrop ,mass4 #ahji #ahid #ca #ahdi-ea ,howell ,cobb ,ga4 #ahae #ahfh #cb1 #cc #ahea-ee ,linn ,boyd ,ky4 #ahjj #ahei #cd #ahee-eg ,nathaniel ,p4 ,banks ,mass4 #ahaf #ahid #ce #aheg-ei ,james ,l4 ,orr ,s4,c4 #ahbb #ahgc #cf #ahfj-fa ,wm4 ,pennington ,n4,j4 #agif #ahfb #cg #ahfa-fc ,galusha ,a4 ,grow ,pa4 #ahbc 4444 #ch-dj #ahfc-fi ,schuyler ,colfax ,ind4 #ahbc #ahhe #da-dc #ahfi-ge ,james ,g4 ,blaine ,me4 #ahcj #ahic #dd #ahge-gf ,michael ,c4 ,kerr ,ind4 #ahbg #ahgf #dd-df #ahgf-ha ,samuel ,j4 ,randall ,pa4 #ahbh #ahij #dg #ahha-hc ,john ,w4 ,keifer ,o4 #ahcf 4444 #dh-ej #ahhc-hi ,john ,g4 ,carlisle ,ky4 #ahce 4444 #ea #ahhi-ia ,thomas ,b4 ,reed ,me4 #ahci 4444 #eb1 #ec #ahia-ie ,charles ,f4 ,crisp ,ga4 #ahde #ahif #ed1 #ee #ahie-ii ,thomas ,b4 ,reed ,me4 #ahci 4444 ,,principal ,,united ,,states ,,executive ,,officers ,,and ,,salaries4 ,,executive ,,mansion4 ,office4 ,salary4 ,president of ,united ,states44444 #cj1jjj ,vice ,president44444444444444444 #h1jjj ,,department ,,of ,,state4 ,secretary of ,state4444444444444 #h1jjj ,assistant ,secretary444444444444 #d1ejj ,second ,assistant ,sec'y444444444 #c1ejj ,third ,assistant ,sec'y4444444444 #c1ejj ,chief ,clerk44444444444444444444 #b1gej ,chief of ,diplomatic ,bureau44444 #b1ajj ,chiel of ,consular ,bureau4444444 #b1ajj ,chief of ,indexes ,archives4444 #b1ajj ,four other bureau officers44444 #b1ajj ,,treasury ,,department4 ,secretary of the ,treasury444444 #h1jjj #b ,assistant ,secretaries44444444 #d1ejj ,chief ,clerk of ,department444444 #c1jjj ,chief of ,appointmerit ,div444444 #b1gej ,chief of ,warrant ,division444444 1#jjj ,transcriber's ,note3 misprint ,chief of ,public ,moneys ,div44444 #b1ejj ,chief of ,customs ,division444444 #b1gej ,chief ,mer4,mar4 ,int4 ,rev4444444 #b1ejj ,chief ,loans ,currency ,div44444 #c1ejj ,chief ,revenue ,marine ,div4444444 #b1ejj ,chief ,stationery ,printing4444 #b1ejj ,supervising ,inspector-,general of ,steamboats4444444444444444 #c1ejj ,director of the ,mint44444444444 #d1ejj ,chief of ,bureau of ,statistics44 #c1jjj ,supt4 of ,life-,saving ,service444 #d1jjj ,chairman ,light-,house ,board44444 44444 ,supervising ,surgeon-,general4444 #d1jjj ,chief of ,bureau of ,engraving and ,printing44444444444444444 #d1ejj ,supervising ,architect4444444444 #d1ejj ,supt1 ,u4,s4 ,coast ,survey 7,acting7 #f1jjj #b ,comptrollers444444444444444444 #e1jjj ,commissioner of ,customs444444444 #d1jjj #f ,auditors4444444444444444444444 #c1fjj ,treasurer of the ,u4 ,s44444444444 #f1jjj ,register of the ,treasury44444444 #d1jjj ,comptroller of the ,currency44444 #e1jjj ,com'r of ,internal ,revenue4444444 #f1jjj ,,war ,,department4 ,secretary of ,war444444444444444 #h1jjj ,chief ,clerk44444444444444444444 #b1gej ,adjutant-,general444444444444444 #e1ejj ,inspector-,general44444444444444 #e1ejj ,quartermaster-,general4444444444 #e1ejj ,paymaster-,general44444444444444 #e1ejj ,commissary-,general4444444444444 #e1ejj ,surgeon-,general4444444444444444 #e1ejj ,judge ,advocate ,gen4 7,acting7444 #e1ejj ,chief of ,engineers4444444444444 #e1ejj ,chief ,signal ,officer44444444444 #e1ejj ,chief of ,ordnance44444444444444 #e1ejj ,officer in ,charge ,war ,records44 #c1ejj ,,navy ,,department4 ,secretary of the ,navy4444444444 #h1jjj ,chief ,clerk44444444444444444444 #b1ejj ,judge-,advocate ,general444444444 #d1ejj ,chief of ,bureau of ,yards and ,docks444444444444444444444444 #e1jjj ,chief of ,bureau of ,navigation44 #e1jjj ,chief of ,bureau of ,ordnance4444 #e1jjj ,chief of ,bureau of ,provisions and ,clothing44444444444444444 #e1jjj ,chief of ,bureau of ,medicine and ,surgery444444444444444444 #e1jjj ,chief of ,bureau of ,equipment and ,recruiting444444444444444 #e1jjj ,chief of ,bureau of ,construction and ,repair4444444444444444444 #e1jjj ,chief of ,bureau of ,steam ,engineering444444444444444444 #e1jjj ,chief of ,library and ,war ,records4444444444444444444444 #c1jjj ,pay ,director4444444444444444444 #c1jjj ,supt4 ,naval ,observatory44444444 #e1jjj ,supt4 ,nautical ,almanac444444444 #c1ejj ,,post-,,office ,,department4 ,postmaster-,general4444444444444 #h1jjj ,chief ,clerk44444444444444444444 #b1bjj #c ,ass't ,postmaster-,generals4444 #d1jjj ,supt4 of ,foreign ,mails444444444 #c1jjj ,supt4 of ,money ,order ,system4444 #c1ejj ,asst4 ,attorney-,general for ,post-,office ,department4444444 #d1jjj ,,department ,,of ,,the ,,interior4 ,secretary of the ,interior444444 #h1jjj ,first ,assistant ,secretary444444 #d1ejj ,assistant ,secretary444444444444 #d1jjj ,chief ,clerk ,superintendent444 #b1gej ,assistant ,attorney-,general44444 #e1jjj ,com'r ,general ,land ,office444444 #d1jjj ,com'r ,pension ,office44444444444 #e1jjj ,com'r of ,indian ,affairs44444444 #d1jjj ,commissioner ,patent ,office44444 #e1jjj ,assistant ,commissioner444444444 #c1jjj #c ,examiners-in-,chief44444444444 #c1jjj #cj ,principal ,examiners1 each444 #b1djj ,commissioner of ,education444444 #c1jjj ,director ,geological ,survey44444 #f1jjj ,commissioner of ,labor4444444444 #c1jjj ,commissioner of ,railroads444444 #d1ejj #c ,civil ,service ,com'rs1 each444 #c1ejj ,,department ,,of ,,justice4 ,attorney-,general444444444444444 #h1jjj ,solicitor-,general44444444444444 #g1jjj ,two ,asst4 ,attorney-,generals4444 #e1jjj ,,department ,,of ,,agriculture4 ,secretary of ,agriculture4444444 #h1jjj ,entomologist4444444444444444444 #b1ejj ,botanist44444444444444444444444 #b1jjj ,chemist444444444444444444444444 #b1ejj ,microscopist4444444444444444444 #b1jjj ,,note4--,for appointees consult any political almanac of this year4 ,,united ,,states ,,judicial ,,department4 ,,supreme ,,court ,,of ,,the ,,united ,,states4 ,the court holds annual sessions at ,washington1 commencing on the second ,monday in ,october4 ,appointed ,date of ,salary from ,commission ---------------------------------------- ---------------------------- ,chief ,justice ,melville ,w4 ,illinois ,july #bj1 #ahhh #aj1ejj ,fuller ,justice ,stephen ,j4 ,field ,california ,mar #aj1 #ahfc #aj1jjj ,justice ,john ,m4 ,harlan ,kentucky ,nov #bi1 #ahgg #aj1jjj ,justice ,horace ,gray ,massachusetts ,dec #bj1 #ahha #aj1jjj ,justice ,david ,j4 ,brewer ,kansas ,dec #ah1 #ahhi #aj1jjj ,justice ,henry ,b4 ,brown ,michigan ,dec #cj1 #ahij #aj1jjj ,justice ,george ,shiras ,pennsylvania ,oct --1 #ahib #aj1jjj ,justice ,edward ,d4 ,white ,louisiana ,feb --1 #ahid #aj1jjj ,justice ,rufus ,w4 ,peckham ,new ,york ,dec --1 #ahic #aj1jjj ,clerk of the ,supreme ,dist4 of ,columbia #ahhj #f1jjj ,court3 ,james ,h4 ,mc,kenny ,marshal3 ,john ,m4 ,wright ,kentucky ,jan #d1 #ahhh #c1jjj ,reporter3 ,j4,c4 ,bancroft ,new ,york #ahhc #e1gjj ,davis ,,circuit ,,courts ,,of ,,the ,,united ,,states 7,salary of ,circuit ,judges #f1jjj a year7 ,first ,judicial ,circuit--,mr ,justice ,gray1 ,boston1 ,mass ,districts of ,maine1 ,new ,hampshire1 ,massachusetts1 and ,rhode ,island4 ,circuit ,judges--,le ,baron ,b4 ,colt1 ,r4,i4 #ahhd ,wm4 ,l4 ,putnam1 ,me4 #ahib ,second ,judicial ,circuit--,mr ,justice ,peckham1 ,new ,york ,city4 ,districts of ,vermont1 ,connecticut and ,new ,york ,circuit ,judges--,wm4 ,j4 ,wallace1 ,n4,y4 #ahhb ,e4 ,henry ,lacombe1 ,n4,y4 #ahhh ,nathaniel ,shipman1 ,ct4 #ahib ,third ,judicial ,circuit--,mr ,justice ,shiras1 ,pittsburgh1 ,pa4 ,districts of ,new ,jersey1 ,pennsylvania1 and ,delaware ,circuit ,judges--,marcus ,w4 ,acheson1 ,pa4 #ahia ,geo4 ,m4 ,dallas1 ,pa4 #ahib ,fourth ,judicial ,circuit--,mr ,chief ,justice ,fuller1 ,washington1 ,d4,c4 ,districts of ,maryland1 ,virginia1 ,west ,virginia1 ,north and ,south ,carolina ,circuit ,judges--,nathan ,goff1 ,w4 ,va4 #ahib ,charles ,h4 ,simonton1 ,s4,c4 #ahic ,fifth ,judicial ,circuit--,mr ,justice ,white1 ,new ,orleans1 ,la4 ,districts of ,georgia1 ,florida1 ,alabama1 ,mississippi1 ,louisiana1 and ,texas4 ,circuit ,judges--,don ,a4 ,pardee1 ,la4 #ahha ,a4,p4 ,mc,cormick1 ,tex4 #ahib ,sixth ,judicial ,circuit--,mr ,justice ,harlan1 ,nashville1 ,tenn4 ,districts of ,ohio1 ,michigan1 ,kentucky1 and ,tennessee ,circuit ,judges--,william ,h4 ,taft1 ,ohio #ahib ,horace ,h4 ,lurton1 ,tenn4 #ahic ,seventh ,judicial ,circuit--,mr ,justice ,brown1 ,chicago1 ,i#aa4 ,districts of ,indiana1 ,illinois and ,wisconsin ,circuit ,judges--,william ,a4 ,woods1 ,ind4 #ahib ,james ,g4 ,jenkins1 ,wis4 #ahic ,eighth ,judicial ,circuit--,mr ,justice ,brewer1 ,leavenworth1 ,kan4 ,districts of ,minnesota1 ,iowa1 ,missouri1 ,kansas1 ,arkansas1 ,nebraska1 ,colorado1 ,north and ,south ,dakota1 ,wyoming ,circuit ,judges--,henry ,c4 ,caldwell1 ,ark4 #ahij ,walter ,h4 ,sanborn1 ,minn4 #ahib ,amos ,m4 ,thayer1 ,mo4 #ahib ,ninth ,judicial ,circuit--,mr ,justice ,field1 ,san ,francisco1 ,cal4 ,districts of ,california1 ,oregon1 ,washington1 ,idaho1 ,nevada1 and ,montana4 ,circuit ,judges--,joseph ,mc,kenna1 ,cal4 #ahib ,william ,b4 ,gilbert1 ,ore4 #ahib ,,judges ,,of ,,the ,,united ,,states ,,district ,,courts4 7,salary1 #e1jjj a year47 ,,districts4 ,,name4 ,,residence4 ,,date ,,of ,,commission ,alabama3 ,n4 ,mobile ,district ,john ,bruce ,montgomery ,feb4 #bg1 #ahge ,southern ,harry ,t4 ,toulmin ,mobile ,dec4 #ad1 #ahhf ,arkansas3 ,eastern ,district ,john ,a4 ,williams ,pine ,bluff -------- #ahij ,western ,john ,h4 ,rodgers ,fort ,smith ,california3 ,northern ,district ,w4,w4 ,morrow ,san ,francisco ,southern ,olin ,wellborn ,los ,angeles ,colorado ,moses ,hallett ,denver ,jan4 #bj1 #ahgg ,connecticut ,w4,k4 ,townsend ,new ,haven -------- #ahib ,delaware ,leonard ,e4 ,wales ,wilmington ,mar4 #bj1 #ahhd ,florida3 ,northern ,district ,charles ,swayne ,jacksonville ,southern ,james ,w4 ,locke ,key ,west ,feb4 #a1 #ahgb ,georgia3 ,northern ,district ,william ,t4 ,newman ,atlanta ,aug4 #ac1 #ahhf ,southern ,emory ,speer ,savannah ,feb4 #ah1 #ahhe ,idaho ,j4,h4 ,beatty ,hailey -------- #ahij ,illinois3 ,northern ,district ,p4,s4 ,grosscup ,chicago4 ,southern ,william ,j4 ,allen ,springfield ,april #ah1 #ahhg ,indiana ,john ,h4 ,baker ,goshen -------- #ahib ,iowa3 ,northern ,district ,oliver ,p4 ,shiras ,dubuque ,aug4 #ad1 #ahhb ,southern ,john ,s4 ,woolson ,keokuk ,kansas ,cassius ,g4 ,foster ,topeka ,mar4 #aj1 #ahgd ,kentucky ,john ,w4 ,barr ,louisville ,april #ae1 #ahhj ,louisiana3 ,eastern ,district ,charles ,parlange ,new ,orleans ,western ,aleck ,boarman ,shreveport ,may #ah1 #ahha ,maine ,nathan ,webb ,portland ,jan4 #bd1 #ahhb ,maryland ,thomas ,j4 ,morris ,baltimore ,july #a1 #ahgi ,massachusetts ,thomas ,l4 ,nelson ,worcester ,jan4 #aj1 #ahgi ,michigan3 ,eastern ,district ,henry ,h4 ,swan ,detroit -------- #ahij ,western ,henry ,f4 ,severens ,kalamazoo ,may #be1 #ahhf ,minnesota ,william ,lochren ,minneapolis -------- #ahif ,mississippi 7,two ,districts7 ,henry ,c4 ,niles ,jackson ,missouri3 ,eastern ,district ,elmer ,e4 ,adams ,st4 ,louis -------- #ahif ,western ,john ,f4 ,phillips -------- #ahhh ,montana ,henry ,knowles ,helena -------- #ahhi ,nebraska ,w4,d4,m4 ,hugh ,omaha ,nevada ,t4,p4 ,hawley ,carson ,city ,new ,hampshire ,edgar ,aldrich ,littleton ,new ,jersey ,a4 ,kirkpatrick ,trenton ,new ,york ,northern ,district ,alfred ,c4 ,coxe ,utica ,may #d1 #ahhb ,southern ,addison ,brown ,new ,york ,june #b1 #ahha ,city ,eastern ,charles ,l4 ,brooklyn ,mar4 #i1 #ahfe ,benedict ,north ,carolina3 ,eastern ,district ,western ,robert ,p4 ,dick4 ,greensboro ,june #g1 #ahgb ,north ,dakota ,c4,f4 ,amidon ,fargo -------- #ahif ,ohio3 ,northern ,district ,a4,j4 ,ricks ,cleveland ,southern ,george ,r4 ,sage ,cincinnati ,mar4 #bj1 #ahhc ,oregon ,c4,b4 ,bellinger ,portland ,pennsylvania3 ,eastern ,district ,william ,butler ,philadelphia ,feb4 #ai1 #ahgi ,western ,j4 ,buffington ,pittsburgh -------- #ahia ,rhode ,island ,arthur ,l4 ,brown ,providence ,south ,carolina ,w4,h4 ,brawley ,charleston -------- #ahic ,south ,dakota ,john ,e4 ,carland ,sioux ,falls ,tennessee3 ,east ,mid4 ,dist4 ,c4,d4 ,clark ,chattanooga ,western ,district ,s4 ,hammond ,memphis ,june #ag1 #ahgh ,texas3 ,eastern ,district ,d4,e4 ,bryant ,sherman ,western ,thos ,s4 ,maxey ,austin -------- #ahhh ,northern ,john ,b4 ,rector ,dallas ,utah ,john ,a4 ,marshall ,salt ,lake ,city ,vermont ,hoyt ,h4 ,wheeler ,jamaica ,mar4 #af1 #ahgg ,virginia3 ,eastern ,district ,robert ,w4 ,hughes ,norfolk ,jan4 #ad1 #ahgd ,western ,john ,paul ,harrisonburg ,mar4 #c1 #ahhc ,washington ,c4,h4 ,hanford ,seattle -------- #ahhi ,west ,virginia ,john ,j4,jackson1 ,jr ,parkersburg ,aug4 #c1 #ahfa ,wisconsin3 ,eastern ,district ,w4,h4 ,seaman ,sheboygan -------- #ahih ,western ,romanzo ,e4 ,bunn ,madison ,oct4 #cj1 #ahgg ,wyoming ,john ,a4 ,riner ,cheyenne -------- #ahij ,,corresponding ,,officers ,,of ,u4,s4 ,,army ,,and ,,navy4 ,,field ,,officers3 #a ,general1 #ac1ejj4 #b ,lieutenant ,general1 #aa1jjj4 #c ,major ,generals1 #g1ejj4 #d ,brigadier ,generals1 #e1ejj4 ,,regimental ,,officers3 #e ,colonels1 #c1ejj to #d1ejj4 #f ,lieutenant ,colonels1 #c1jjj to #d1jjj4 #g ,majors1 #b1ejj to #c1ejj4 ,,company ,,officers3 #h ,captains1 #a1hjj to #b1hjj4 #i ,first ,lieutenants1 #a1ejj to #b1bdj4 #aj ,second ,lieutenants1 #a1djj to #b1ajj ,,fleet ,,officers3 #a ,admiral1 #ac1jjj4 #b ,vice-,admiral1 #i1jjj4 #c ,rear ,admirals1 #f1jjj4 #d ,commodores1 #e1jjj4 ,,ship ,,officers3 #e ,captains1 #d1ejj #f ,commanders1 #c1ejj4 #g ,lieutenant ,commanders1 #b1hjj4 ,,subordinate ,,ship ,,officers3 #h ,lieutenants1 #b1djj to #b1fjj4 #i ,masters1 #a1hjj to #b1jjj4 #aj ,ensigns1 #a1bjj to #a1djj4 ,for names of officers1 see ,political ,almanac4 ,,justices ,,of ,,the ,,united ,,states ,,supreme ,,court4 7,names of the ,chief ,justices in italics7 ,,service ,,name ,,term ,,years ,,born ,,died ,john ,jay1 ,n ,y #aghi #agie #f #agde #ahbi ,john ,rutledge1 ,s ,c #aghi #agia #b #agci #ahjj ,william ,cushing1 ,mass #aghi #ahjj #ba #agcc #ahaj ,james ,wilson1 ,pa #aghi #agih #i #agdb #agih ,john ,blair1 ,va #aghi #agif #g #agcb #ahjj ,robert ,h ,harrison1 ,md #aghi #agij #a #agde #agij ,james ,iredell1 ,n ,c #agij #agii #i #agea #agii ,thomas ,johnson1 ,md #agia #agic #b #agcb #ahai ,william ,paterson1 ,n ,j #agic #ahjf #ac #agde #ahjf ,john ,rutledge1 ,s ,c #agie #agci #ahjj ,samuel ,chase1 ,md #agif #ahaa #ae #agda #ahaa ,oliver ,ellsworth1 ,ct #agif #ahjj #e #agde #ahjg ,bushrod ,washington1 ,va #agih #ahbi #ca #agfb #ahbi ,alfred ,moore1 ,n ,c #agii #ahjd #e #agee #ahce ,john ,marshall1 ,va #ahja #ahce #cd #agga #ahcd ,william ,johnson1 ,s ,c #ahjd #ahcd #cj #ageg #ahbc ,brock ,livingston1 ,n ,y #ahjf #ahbc #ag #agfe #ahbf ,thomas ,todd1 ,ky #ahjg #ahbf #ai #agfe #ahbf ,joseph ,story1 ,mass #ahaa #ahde #cd #aggj #ahdf ,gabriel ,duval1 ,md #ahaa #ahcf #be #agcb #ahdd ,smith ,thompson1 ,n ,y #ahbc #ahdc #bj #agfg #ahdc ,robert ,trimble1 ,ky #ahbf #ahbh #b #aggg #ahbh ,john ,mc,lean1 ,ohio #ahbi #ahfa #cb #aghe #ahfa ,henry ,baldwin1 ,pa #ahcj #ahdd #af #aggi #ahdd ,james ,m ,wayne1 ,ga #ahce #ahfg #cb #agij #ahfg ,roger ,b ,taney1 ,md #ahcf #ahfd #bh #aggg #ahfd ,philip ,p ,barbour1 ,va #ahcf #ahda #e #aghc #ahda ,john ,catron1 ,tenn #ahcg #ahfe #bh #aghf #ahfe ,john ,mc,kinley1 ,ala #ahcg #aheb #ae #aghj #aheb ,peter ,v ,daniel1 ,va #ahda #ahfj #ai #aghe #ahfj ,samuel ,nelson1 ,n ,y #ahde #ahgb #bg #agib #ahgc ,levi ,woodbury1 ,n ,h #ahde #ahea #f #aghi #ahea ,robert ,c ,grier1 ,pa #ahdf #ahgj #bc #agid #ahgj ,benj ,r ,curtis1 ,mass #ahea #aheg #f #ahjj #ahgd ,john ,a ,campbell1 ,ala #ahec #ahfa #h #ahaa #ahhi ,nathan ,clifford1 ,maine #aheh #ahha #bc #ahjc #ahha ,noah ,h ,swayne1 ,ohio #ahfa #ahha #bj #ahjd #ahhd ,samuel ,f ,miller1 ,iowa #ahfb #ahij #bh #ahaf #ahij ,david ,davis1 ,ill #ahfb #ahgg #ae #ahae #ahhe ,stephen ,j ,field1 ,cal #ahfc #ahaf ,salmon ,p ,chase1 ,ohio #ahfd #ahgc #i #ahjh #ahgc ,william ,strong1 ,pa #ahgj #ahhj #aj #ahjh ,joseph ,p ,bradley1 ,n ,j #ahgj #ahib #bb #ahah #ahib ,ward ,hunt1 ,n ,y #ahgb #ahhb #aj #ahaa #ahhf ,morrison ,r ,waite1 ,ohio #ahgd #ahhh #ad #ahaf #ahhh ,john ,m ,harlan1 ,ky #ahgg #ahgg ,william ,b ,woods1 ,ga #ahhj #ahhg #g #ahbd #ahhg ,stanley ,matthews1 ,ohio #ahha #ahhi #h #ahbd #ahhi ,horace ,gray1 ,mass #ahha #ahbh ,samuel ,blatchford1 ,n ,y #ahhb #ahic #aa #ahbj #ahic ,lucius ,q ,c ,lamar1 ,miss #ahhh #aiic #e #ahbe #ahic ,melville ,w ,fuller1 ,ill #ahhh #ahcc ,david ,j ,brewer1 ,kan #ahhi #ahcg ,henry ,b ,brown1 ,mich #ahij #ahcf ,george ,shiras ,jr1 ,pa #ahib #ahcb ,howell ,d ,jackson1 ,tenn #ahic #ahie #b #ahcb #ahie ,edward ,d ,white1 ,la #ahic #ahde ,rufus ,w ,peckham #ahie #ahcg ,,united ,,states ,,military ,,academy ,,at ,,west ,,point4 ,each ,congressional ,district and ,territory--also the ,district of ,columbia-- is entitled to have one cadet at the ,academy4 ,there are also ten appointments at large1 specially conferred by the ,president of the ,united ,states4 ,the number of students is thus limited to three hundred and seventy-one4 ,appointments are usually made one year in advance of date of admission1 by the ,secretary of ,war1 upon the nomination of the ,representative4 ,these nominations may either be made after competitive examinations or given direct1 at the option of the ,representative4 ,appointees to the ,military ,academy must be between seventeen and twenty-two years of age1 free from any infirmity which may render them unfit for military service1 and able to pass a careful examination in reading1 writing1 orthography1 arithmetic1 grammar1 geography1 and history of the ,united ,states4 ,the course of instruction1 which is quite thorough1 requires four years1 and is largely mathematical and professional4 ,about one-fourth of those appointed usually fail to pass the preliminary examination1 and but little over one-half the remainder are finally graduated4 ,the discipline is very strict--even more so than in the army--and the enforcement of penalties for offences is inflexible rather than severe4 ,academic duties begin ,september #a and continue until ,june #a4 ,examinations are held in each ,january and ,june4 ,from about the middle of ,june to the end of ,august cadets live in camp1 engaged only in military duties and receiving practical military instruction4 ,cadets are allowed but one leave of absence during the four years' course1 and this is granted at the expiration of the first two years4 ,the pay of a cadet is five hundred and forty dollars per year4 ,upon graduating1 cadets are commissioned as second lieutenants in the ,united ,states ,army4 ,the ,academy was established by act of ,congress in #ahjb4 ,an annual ,board of ,visitors is appointed1 seven being appointed by the ,president of the ,united ,states1 two by the ,president of the ,senate1 and three by the ,speaker of the ,house of ,representatives4 ,they visit the ,academy in ,june1 and are present at the concluding exercises of the graduating class of that year4 ,,united ,,states ,,naval ,,academy ,,at ,,annapolis4 ,there are allowed at the ,academy one naval cadet for each ,member or ,delegate of the ,united ,states ,house of ,representatives1 one for the ,district of ,columbia1 and ten at large4 ,the appointment of cadets at large and for the ,district of ,columbia is made by the ,president4 ,the ,secretary of the ,navy1 as soon after ,march #e in each year as possible1 must notify in writing each ,member and ,delegate of the ,house of ,representatives of any vacancy that may exist in his district4 ,the nomination of a candidate to fill the vacancy is made1 on the recommendation of the ,member or ,delegate1 by the ,secretary4 ,candidates must be actual residents of the districts from which they are nominated4 ,the course of naval cadets is six years1 the last two of which are spent at sea4 ,candidates at the time of their examination for admission must be not under fifteen nor over twenty years of age1 and physically sound1 well formed1 and of robust condition4 ,they enter the ,academy immediately after passing the prescribed examinations1 and are required to sign articles binding themselves to serve in the ,united ,states ,navy eight years 7including the time of probation at the ,naval ,academy71 unless sooner discharged4 ,the pay of a naval cadet is five hundred dollars a year1 beginning at the date of admission4 ,at least ten appointments from among the graduates are made each year4 ,surplus graduates who do not receive appointments are given a certificate of graduation1 an honorable discharge1 and one year's sea pay4 ,the ,academy was founded in #ahde by the ,hon4 ,george ,bancroft1 ,secretary of the ,navy in the administration of ,president ,polk4 ,it was formally opened ,october #aj of that year1 with ,commander ,franklin ,buchanan as ,superintendent4 ,during the ,civil ,war it was removed from ,annapolis1 ,md41 to ,newport1 ,r4,i41 but was returned to the former place in #ahfe4 ,it is under the direct supervision of the ,bureau of ,navigation1 ,navy ,department4 ,,representation ,,in ,,congress ,,for ,,each ,,decade ,,with ,,ratios4 ,transcriber's ,note3 ,this table went horizontally across two pages1 so it's given in pieces1 with line numbers1 as some of the others were4 ,ratios ,consti- #cc1ijj #cc1ijj #ce1jjj #dj1jjj #dg1jjj tution ,states #aghg #agij #ahjj #ahaj #ahbj #ahcj #a ,alabama 4444 4444 4444 #aa #h #e #b ,arkansas 4444 4444 4444 4444 4444 #aa #c ,california 4444 4444 4444 4444 4444 4444 #d ,colorado 4444 4444 4444 4444 4444 4444 #e ,connecticut #e #g #g #g #f #f #f ,delaware #a #a #a #b #a #a #g ,florida 4444 4444 4444 4444 4444 4444 #h ,georgia #c #b #d #f #g #i #i ,idaho 4444 4444 4444 4444 4444 4444 #aj ,illinois 4444 4444 4444 #aa #a #h #aa ,indiana 4444 4444 4444 #aa #c #g #ab ,iowa 4444 4444 4444 4444 4444 4444 #ac ,kansas 4444 4444 4444 4444 4444 4444 #ad ,kentucky 4444 #ba #f #aj #ab #ac #ae ,louisiana 4444 4444 4444 #aa #c #c #af ,maine 4444 4444 4444 #ga #g #h #ag ,maryland #h #h #i #i #i #h #ah ,massachusetts #h #ad #ag #bj #ac #ab #ai ,michigan 4444 4444 4444 4444 4444 #aa #bj ,minnesota 4444 4444 4444 4444 4444 4444 #ba ,mississippi 4444 4444 4444 #aa #a #c #bb ,missouri 4444 4444 4444 4444 #aa #b #bc ,montana 4444 4444 4444 4444 4444 4444 #bd ,nebraska 4444 4444 4444 4444 4444 4444 #be ,nevada 4444 4444 4444 4444 4444 4444 #bf ,new ,hampshire #c #d #e #f #f #e #bg ,new ,jersey #d #e #f #f #f #f #bh ,new ,york #f #aj #ag #bg #cd #dj #bi ,north ,carolina #e #aj #ab #ac #ac #ac #cj ,north ,dakota 4444 4444 4444 4444 4444 4444 #ca ,ohio 4444 4444 #aa #f #ad #ai #cb ,oregon 4444 4444 4444 4444 4444 4444 #cc ,pennsylvania #h #ac #ah #bc #be #bh #cd ,rhode ,island #a #b #b #b #b #b #ce ,south ,carolina #e #f #h #i #i #i #cf ,south ,dakota 4444 4444 4444 4444 4444 4444 #cg ,tennessee 4444 #aa #c #f #i #ac #ch ,texas 4444 4444 4444 4444 4444 4444 #ci ,utah 4444 4444 4444 4444 4444 4444 #dj ,vermont 4444 #ba #d #f #e #e #da ,virginia #aj #ai #bb #bc #bb #ab #db ,washington 4444 4444 4444 4444 4444 4444 #dc ,west ,virginia 4444 4444 4444 4444 4444 4444 #dd ,wisconsin 4444 4444 4444 4444 4444 4444 #de ,wyoming 4444 4444 4444 4444 4444 4444 #df ,totals #fe #ajf #adb #aic #bac #bcd ,,representation ,,in ,,congress ,,for ,,each ,,decade ,,with ,,ratios4 ,transcriber's ,note3 ,continued from previous table4 #gj1fhj #ic1dbj #abg1jjj #aca1dbe #aea1iab #agc1ija #dg1jjj #ahdj #ahej #ahfj #ahgj #ahhj #ahij #ahcj #a #g #g #f #h #h #i #e #b #a #b #c #d #e #f #aa #c #ba #b #c #d #f #g 4444 #d 4444 4444 4444 #aa #a #b 4444 #e #d #d #d #d #d #d #f #f #a #a #a #a #a #a #a #g #aa #a #a #b #b #b 4444 #h #h #h #g #i #aj #aa #i #i 4444 4444 4444 4444 4444 4444 4444 #aj #g #i #ad #ai #bj #bb #h #aa #aj #aa #aa #ac #ac #ac #g #ab #ba #b #f #i #aa #aa 4444 #ac 4444 4444 #aa #c #g #h 4444 #ad #aj #aj #i #aj #aa #aa #ac #ae #d #d #e #f #f #f #c #af #g #f #e #e #d #d #h #ag #f #f #e #f #f #f #h #ah #aj #aa #aj #aa #ab #ac #ab #ai #c #d #f #i #aa #ab #aa #bj 4444 #ba #b #c #e #g 4444 #ba #d #e #e #f #g #g #c #bb #e #g #i #ac #ad #ae #b #bc 4444 4444 4444 4444 #aa #a 4444 #bd 4444 4444 #aa #a #c #f 4444 #be 4444 4444 #aa #a #a #a 4444 #bf #d #c #c #c #b #b #e #bg #e #e #e #g #g #h #f #bh #cd #cc #ca #cc #cd #cd #dj #bi #i #h #g #h #i #i #ac #cj 4444 4444 4444 4444 #aa #a 4444 #ca #ba #ba #ai #bj #ba #ba #ai #cb 4444 #aa #a #a #a #b 4444 #cc #bd #be #bd #bg #bh #cj #bh #cd #b #b #b #b #b #b #b #ce #g #f #d #e #g #g #i #cf 4444 4444 4444 4444 #ba #b 4444 #cg #aa #aj #h #aj #aj #aj #ac #ch #ba #b #d #f #aa #ac 4444 #ci 4444 4444 4444 4444 4444 #aa 4444 #dj #d #c #c #c #b #b #e #da #ae #ac #aa #i #aj #aj #ab #db 4444 4444 4444 4444 #aa #b 4444 #dc 4444 4444 #ca #c #d #d 4444 #dd #ba #c #f #h #i #aj 4444 #de 4444 4444 4444 4444 4444 #a 4444 #df #bcb #bdf #bdf #bic #ccj #ceg #bcd ,,representation ,,in ,,congress ,,for ,,each ,,decade ,,with ,,ratios4 ,transcriber's ,note3 ,the data below is from the same table1 but can stand on its own4 ,states ,territory1 ,how ,obtained ,alabama ,ceded by ,s4,c4 and ,ga4 ,arkansas ,part of ,louisiana purchase4 ,california ,ceded by ,mexico4 ,colorado ,from ,france and ,mexico4 ,connecticut ,one of original thirteen4 ,delaware ,one of original thirteen4 ,florida ,part of ,florida purchase4 ,georgia ,one of original thirteen4 ,idaho ,part of ,oregon ,country4 ,illinois ,ceded to ,u4,s4 by ,virginia4 ,indiana ,ceded to ,u4,s4 by ,virginia4 ,iowa ,part of ,louisiana ,purchase4 ,kansas ,from ,france and ,texas4 ,kentucky ,ceded to ,u4,s4 by ,virginia4 ,louisiana ,part of ,louisiana ,purchase4 ,maine ,from ,massachusetts4 ,maryland ,one of original thirteen4 ,massachusetts ,one of original thirteen4 ,michigan ,ceded to ,u4,s4 by ,virginia4 ,minnesota ,from ,virginia and ,france4 ,mississippi ,ceded by ,ga4 and ,s4 ,carolina4 ,missouri ,part of ,louisiana purchase4 ,montana ,part of ,louisiana purchase4 ,nebraska ,part of ,louisiana purchase4 ,nevada ,part of ,mexican cession4 ,new ,hampshire ,one of original thirteen4 ,new ,jersey ,one of original thirteen4 ,new ,york ,one of original thirteen4 ,north ,carolina ,one of original thirteen4 ,north ,dakota ,part of ,louisiana purchase4 ,ohio ,ceded to ,u4,s4 by ,virginia4 ,oregon ,france1 ,spain and ,great ,britain4 ,pennsylvania ,one of original thirteen4 ,rhode ,island ,one of original thirteen4 ,south ,carolina ,one of original thirteen4 ,south ,dakota ,part of ,louisiana purchase4 ,tennessee ,ceded to ,u4,s4 by ,n4 ,carolina4 ,texas ,independent republic4 ,utah ,part of ,mexican cession4 ,vermont ,ceded to ,u4,s4 by ,new ,york4 ,virginia ,one of original thirteen4 ,washington ,exploration and treaty4 ,west ,virginia ,portion of ,virginia4 ,wisconsin ,ceded to ,u4,s4 by ,virginia4 ,wyoming ,part of ,oregon ,country4 ,,tabular ,,view ,,of ,,the ,,state ,,government ,,of ,,minnesota ,senators_/,representatives3 ,created 3 ,constitution4 ,how ,chosen3 ,by the ,people in ,senatorial ,districts4 ,duties 3 ,make ,laws4 ,beginning 3 ,first ,monday in ,january4 ,vacancy 3 ,new ,election4 ,bonds 3 ,none4 ,senators3 ,no4 3 #fc ,duties 3 ,try ,impeachments1 ,confirm ,appointments4 ,term 3 #d years4 ,removal 3 #b_/c of ,senate4 ,salary 3 #e a day and ,mileage4 ,representatives3 ,no4 3 #aai ,duties 3 ,impeach1 ,originate ,revenue ,bills4 ,term 3 #b years4 ,removal 3 #b_/c of ,h4 of ,r4 ,salary 3 #e a day and ,mileage2 ,speaker1 #aj4 ,governor_/,lieutenant-,governor_/,state ,auditor_/,state ,treasurer_/,secretary of ,state_/,attorney ,general3 ,created 3 ,by the ,constitution4 ,no4 3 #a ,how ,chosen3 ,by the ,people of the ,state on a ,general ,ticket4 ,beginning 3 ,first ,monday in ,january4 ,removal 3 ,impeachment by ,house of ,r4 and ,conviction by ,senate4 ,governor3 ,duties 3 ,execute ,laws1 ,veto1 ,appointments1 ,pardons4 ,term 3 #b years4 ,vacancy 3 ,lieut4-,gov4 ,bonds 3 ,none4 ,salary 3 #e1jjj a year4 ,lieutenant-,governor3 ,duties 3 ,preside over ,senate1 ,act as ,governor in ,vacancy4 ,term 3 #b years4 ,vacancy 3 ,not filled4 ,bonds 3 ,none4 ,salary 3 #aj a day during ,leg4 ,state ,auditor3 ,duties 3 ,book-,keeper1 ,examine ,accounts1 ,warrants1 ,land ,commissioner4 ,term 3 #d years4 ,vacancy 3 ,appointment by ,governor till next ,election4 ,bonds 3 #bj1jjj ,salary 3 #c1fjj a year4 ,state ,treasurer3 ,duties 3 ,act as ,custodian of ,state ,funds4 ,term 3 #b years4 ,vacancy 3 ,appointment by ,governor till next ,election4 ,bonds 3 #djj1jjj ,salary 3 #c1ejj a year4 ,secretary of ,state3 ,duties3 ,keep ,state ,papers and ,great ,seal1 ,manual1 ,public ,printing4 ,term 3 #b years4 ,vacancy 3 ,appointment by ,governor till next ,election4 ,bonds 3 ,none4 ,salary 3 #c1ejj a year4 ,attorney ,general3 ,duties3 ,represent ,state in ,suits1 ,legal ,advice to other ,state ,officers4 ,term 3 #b years4 ,vacancy 3 ,appointment by ,governor till next ,election4 ,bonds 3 ,none4 ,salary 3 #c1ejj a year4 ,state ,supt4 ,pub4 ,inst4_/,public ,examiner_/,state ,librarian_/,insurance ,commissioner_/,state ,oil ,inspector_/,dairy ,commissioner_/3 ,created 3 ,except ,librarian1 by ,statute4 ,no4 3 #a ,how ,chosen3 ,appointed by the ,governor and ,confirmed by the ,senate4 ,term 3 #b years4 ,beginning 3 ,first ,monday in ,january4 ,removal 3 ,by ,governor after due ,examination4 ,vacancy 3 ,new ,appointment made by ,governor4 ,state ,supt4 ,pub4 ,inst43 ,duties 3 ,act as ,chief ,educational ,officer1 ,secretary of ,educational ,boards4 ,bonds 3 ,none4 ,salary 3 #b1ejj a year4 ,public ,examiner3 ,duties 3 ,inspect ,books1 c41 of ,state and ,county ,financial ,officers4 ,bonds 3 #ej1jjj ,salary 3 #c1ejj a year4 ,state ,librarian3 ,duties 3 ,take care of ,state ,library4 ,bonds 3 #b1jjj ,salary 3 #b1jjj a year4 ,r4,r4 ,commissioners3 ,created 3 ,by ,statute4 ,no4 3 #c ,duties 3 ,regulate ,railroads and ,warehouses1 ,appoint ,grain ,inspectors4 ,how ,chosen3 ,appointed by the ,governor and ,confirmed by the ,senate4 ,term 3 #b years4 ,beginning 3 ,first ,monday in ,january4 ,removal 3 ,by ,governor after due ,examination4 ,vacancy 3 ,new ,appointment made by ,governor4 ,bonds 3 #bj1jjj each4 ,salary 3 #c1jjj each4 ,insurance ,commissioner3 ,duties 3 ,authorize ,operation of ,insurance ,companies4 ,bonds 3 #e1jjj ,salary 3 #b1jjj of ,fees4 ,state ,oil ,inspector3 ,duties 3 ,render the ,use of ,illuminating ,oils ,safe4 ,bonds 3 #e1jjj ,salary 3 ,fees4 ,dairy ,commissioner3 ,duties 3 ,regulate ,sale of ,dairy ,products4 ,bonds 3 ,none4 ,salary 3 #a1hjj and ,expenses4 ,surveyors-,general3 ,created 3 ,by ,statute4 ,no4 3 #g ,duties 3 ,scale ,logs1 ,record ,marks1 ,secure ,laborers' ,liens4 ,how ,chosen3 ,appointed by the ,governor and ,confirmed by the ,senate4 ,term 3 #b years4 ,beginning 3 ,first ,monday in ,january4 ,removal 3 ,by ,governor after due ,examination4 ,vacancy 3 ,new ,appointment made by ,governor4 ,bonds 3 #e1jjj ,salary 3 ,fees4 ,administrative ,boards_/,boards of ,trustees3 ,created 3 ,by ,statute4 ,no4 3 ,varies ,how ,chosen3 ,appointed as ,above4 ,term 3 ,various4 ,beginning 3 ,specified in ,appointment4 ,removal 3 ,by ,governor after due ,examination4 ,vacancy 3 ,new ,appointment made by ,governor4 ,bonds 3 ,none4 ,salary 3 ,none1 except ,sec4 ,administrative ,boards3 ,duties 3 ,immigration1 ,health1 ,fisheries1 ,charities1 ,taxes4 ,boards of ,trustees3 ,duties 3 ,state ,institutions1 ,educational1 ,charitable and ,penal4 ,justices of ,supreme ,court3 ,created 3 ,constitution4 ,no4 3 #e ,duties 3 ,interpret ,laws1 ,try ,appealed ,cases4 ,how ,chosen3 ,by ,people of ,state4 ,term 3 #f years4 ,beginning 3 ,first ,monday in ,january4 ,removal 3 ,impeachment and ,conviction4 ,vacancy 3 ,same as ,auditor1 etc4 ,bonds 3 ,none4 ,salary 3 #e1jjj a year4 ,clerk of ,supreme ,court3 ,created 3 ,constitution4 ,no4 3 #a ,duties 3 ,keep ,records of ,supreme ,court4 ,how ,chosen3 ,by ,people of ,state4 ,term 3 #d years4 ,beginning 3 ,first ,monday in ,january4 ,removal 3 ,impeachment and ,conviction4 ,vacancy 3 ,same as ,auditor1 etc4 ,bonds 3 #a1jjj ,salary 3 #a1ejj a year and fees4 ,justices of ,district ,courts3 ,created 3 ,constitution4 ,no4 3 #ba ,duties 3 ,establish ,justice in ,counties4 ,how ,chosen3 ,by ,people in ,judicial ,dist4 ,term 3 #f years4 ,beginning 3 ,first ,monday in ,january4 ,removal 3 ,impeachment and ,conviction4 ,vacancy 3 ,same as ,auditor1 etc4 ,bonds 3 ,none4 ,salary 3 #c1ejj a year4 ,,appendix ,c4--,,how ,,some ,,things ,,are ,,done4 ,,how ,,taxes ,,are ,,levied4 ,definitions4--,taxes may be defined as the moneys contributed by the people to defray the public expenses4 ,they are spoken of as direct and indirect1 the former being paid as taxes1 the latter as part of the price of a commodity4 ,within the ,state4--,local and state taxes are all direct4 ,they are meant to be proportioned to a person's ability to pay4 ,in fact1 however1 a person's tax is based upon the value of his discoverable property4 ,the value of such property is estimated by local officers called assessors4 ,the estimates of these officers are reviewed by the local board1 and the reviewed estimates are again examined and equalized by the county board4 ,but assessors1 local boards1 and county boards are all tempted to make the estimates low1 to reduce their share of taxation for the use of the state4 ,so a final review is made by the state board of equalization4 ,the final estimates being reported to the computing officer1 and the various sums to be raised having been reported to him1 he finds the rate of taxation1 computes the taxes1 and turns the books over to the collecting officer4 ,certain classes of property are exempt from taxation4 ,among those usually exempt may be mentioned property owned by the ,united ,states1 the state1 or the municipal corporation2 church property2 educational and charitable institutions2 and a certain amount of personal property4 ,united ,states bonds cannot be taxed4 ,by the ,general ,government4--,the sources of revenue to the general government are3 #a1 customs2 #b1 excises2 #c1 direct taxes2 #d1 public lands2 #e1 receipts from post offices1 patents1 copyrights1 fines1 escheats1 c4 ,the last two classes cannot be called taxes4 ,as it cannot compel a state to collect taxes for it1 the general government is practically barred1 on account of expense1 from laying direct taxes4 ,so that it is practically true that national taxation is all indirect4 ,the customs are duties on imports4 ,the excises1 or internal revenue1 consist of taxes on tobacco1 fermented and alcoholic liquors1 c4 ,a ,difficult ,problem4--,though taxes have been levied for untold centuries1 it is still one of the unsolved problems how to levy them so as to be just to all4 ,much progress has been made1 but entirely satisfactory answers have not yet been wrought out to the questions3 ,what are the proper things to tax8 ,for what purposes should taxes be levied8 ,,how ,,the ,,government ,,borrows4 ,when an individual wishes to borrow money1 he looks around for some one who has the money to spare and who has confidence enough in him to let him have it4 ,he gives his note or bond1 and gets the money4 ,similarly the ,united ,states borrows4 ,the secretary of the treasury looks for lenders in the money-centers of the world1 consults great banking-houses1 and sometimes advertises in newspapers4 ,a private borrower pays for the use of the money1 and similarly the debt of the ,united ,states is largely interest-bearing4 ,the notes called greenbacks bear no interest1 because1 being legal tender1 they circulate as money1 as do also the gold and silver certificates of deposit4 ,,how ,,national ,,banks ,,are ,,established4 ,organization4--,associations for carrying on the business of banking may be formed by any number of natural persons not less than five4 ,a signed and certified copy of the articles of association is forwarded to the comptroller of the currency2 also a certificate giving the name of the association1 its place of business1 its capital1 the number of shares and their owners4 ,capital4--,the minimum capital required is3 in cities of less than #fjjj inhabitants1 #ej1jjj2 less than #ej1jjj inhabitants1 #ajj1jjj2 others1 #bjj1jjj4 ,powers4--,such associations have the usual corporate and banking powers4 ,in addition1 they may issue their notes to circulate as currency on the following conditions3 ,upon depositing with the ,u4 ,s4 ,treasurer registered bonds of the ,united ,states1 to an amount not less than #cj1jjj nor less than one-third of its capital1 the bank receives from the comptroller of the currency blank notes of face value not to exceed ninety per cent of the par value of the bonds4 ,these notes1 after being signed by the president and the cashier of the bank1 may circulate as money1 but are not legal tender for private debts4 ,,how ,,to ,,obtain ,a ,,copyright4 ,by ,a4 ,r4 ,spofford1 ,librarian of ,congress ,every applicant for a copyright must state distinctly the name and residence of the claimant1 and whether right is claimed as author1 designer1 or proprietor4 ,no affidavit or formal application is required4 ,a printed copy of the title of the book1 map1 chart1 dramatic or musical composition1 engraving1 cut1 print1 or photograph1 or a description of the painting1 drawing1 chromo1 statue1 statuary1 or model or design for a work of the fine arts1 for which copyright is desired1 must be sent by mail or otherwise1 prepaid1 addressed1 ,librarian of ,congress1 ,washington1 ,d4,c4 ,this must be done before publication of the book or other article4 ,a fee of #ej cents1 for recording the title of each book or other article1 must be inclosed with the title as above1 and #ej cents in addition 7or one dollar in all7 for each certificate of copyright under seal of the ,librarian of ,congress1 which will be transmitted by early mail4 ,within ten days after publication of each book or other article1 two complete copies must be sent prepaid1 or under free labels1 furnished by the ,librarian1 to perfect the copyright1 with the address1 ,librarian of ,congress1 ,washington1 ,d4,c4 ,no copyright is valid unless notice is given by inserting in every copy published1 ,entered according to the act of ,congress1 in the year ----1 by ----1 in the office of the ,librarian of ,congress1 at ,washington1 or1 at the option of the person entering the copyright1 the words ,copyright1 #ah--1 by ----4 ,the law imposes a penalty of #a99j ,transcriber's ,note3 ,illegible upon any person who has not obtained copyright who shall insert the notice ,entered according to act of ,congress1 or ,copyright1 or words of the same import1 in or upon any book or other article4 ,each copyright secures the exclusive right of publishing the book or article copyrighted for the term of twenty-eight years4 ,six months before the end of that time1 the author or designer1 or his widow or children1 may secure a renewal for the further term of fourteen years1 making forty-two years in all4 ,any copyright is assignable in law by any instrument of writing1 but such assignment must be recorded in the office of the ,librarian of ,congress within sixty days from its date4 ,the fee for this record and certificate is one dollar4 ,a copy of the record 7or duplicate certificate7 of any copyright entry will be furnished1 under seal1 at the rate of fifty cents4 ,copyrights cannot be granted upon ,trade-marks1 nor upon ,labels intended to be used with any article of manufacture4 ,if protection for such prints or labels is desired1 application must be made to the ,patent ,office1 where they are registered at a fee of #f for labels and #be for trade-marks4 ,up to #ahdi the secretary of state had the care of issuing copyrights4 ,it was then assigned to the department of the interior1 newly created4 ,in #ahgj it was transferred to the librarian of congress4 ,,how ,,to ,,obtain ,a ,,patent4 #a4 ,the person desiring a patent must declare upon oath that he believes himself to be the inventor or discoverer of the art1 machine1 or improvement for which he solicits the patent4 #b4 ,he must also give in writing a definite and minute description of it1 accompanied by drawings to illustrate4 ,if necessary1 he must make and deliver to the commissioner of patents a model of his invention4 ,to be patentable1 the invention must be new1 unused and unknown before1 and useful4 ,the invention is carefully examined by the appropriate expert at the patent office1 and if found to be deserving a patent is issued1 signed by the secretary of the interior1 countersigned by the commissioner of patents1 and sealed with his seal4 ,this gives the patentee the sole right of manufacture and sale and use for seventeen years4 ,the right to make1 sell1 or use the invention may be sold by the patentee4 ,he may assign the patent entire1 an interest in it1 or the exclusive right for a certain specified district4 ,,how ,,an ,,alien ,,becomes ,a ,,citizen4 #a4 ,declaration of ,intention4--,an alien1 who has come to the ,united ,states after reaching the age of eighteen1 may appear before any court of record in the ,united ,states having common law jurisdiction1 or the clerk thereof1 and declare upon oath that it is bona fide his intention to become a citizen of the ,united ,states1 and to renounce forever all allegiance to any foreign prince1 potentate1 state1 or sovereignty whatever1 and particularly by name the potentate or sovereignty whereof such alien may at any time have been a citizen or subject4 ,this declaration is recorded1 and a certified copy of it is furnished by the clerk of the court to the person so declaring his intention4 ,he is then said to have his first papers4 ,see page #bij4 #b4 ,the ,final ,step4--,after two years from the time of declaring his intention1 provided that he has resided in the ,united ,states continuously for five years1 and also at least one year within the state or territory wherein the court is held1 he may appear in open court and there upon oath renounce all allegiance1 as declared in his statement of intention1 and swear to support the constitution of the ,united ,states4 ,if he has borne any hereditary title1 he must renounce it4 ,he must have two witnesses to certify to his residence and to his moral character4 ,these proceedings are recorded1 and he is given a certificate of naturalization4 ,see page #bja4 ,an alien arriving in the ,united ,states before reaching the age of eighteen and continuously residing therein until making his application for citizenship1 provided that he has resided in the ,united ,states five years1 may on coming of age be admitted to citizenship at once1 without the interval between the declaration and the consummation4 ,he must1 however1 make declaration1 must prove his moral character by two witnesses1 and must satisfy the court that for three years it has been bona fide his intention to become a citizen of the ,united ,states4 ,status of ,minors4--,the naturalization of a man confers citizenship upon his wife and upon such of his children as are minors at the time4 ,a child of his born in this country1 either before or after his naturalization1 is a natural-born citizen4 ,this is also the case if the child is born on the ocean while the parents are coming to this country1 provided that they are coming with the intention of seeking citizenship4 ,if an alien dies after declaring his intention1 his wife and minor children may become citizens upon taking the oath required4 ,losing ,citizenship4--,by treaties with ,austria1 ,baden1 ,bavaria1 ,belgium1 ,great ,britain1 ,germany1 the ,grand ,duchy of ,hesse1 ,mexico1 ,norway and ,sweden1 ,denmark1 and ,wurtemberg1 it is provided that a renewal of domicile in the mother country1 with the intent not to return 7and two years residence is presumptive evidence of such intent71 shall work renewal of the former allegiance4 ,in some of the treaties it is further provided that when the subject has emigrated to avoid military duty1 the right to exact which was complete before his departure1 such service may be enforced on his return in spite of intervening naturalization4 7,see also ,u4,s4 ,revised ,statutes of #ahgh1 #bafe-gd47 ,,how ,,citizens ,,abroad ,,are ,,protected4 ,one of the things that makes citizenship desirable is the protection which it secures4 ,this is particularly grateful when one is in a foreign country4 ,what a feeling of strength and security one has when far away from home among strangers to know that his rights must be respected1 to realize that behind him is the might of the nation6 ,passports4--,a ,united ,states passport is an instrument in writing1 issued by the secretary of state and under his seal1 informing the world that the bearer is a citizen of the ,united ,states1 that he travels under its protection4 ,that passport is a means of identification for the bearer and secures to him all the rights and privileges guaranteed to citizens of the ,united ,states by treaties with the country in which he may be traveling4 ,passports1 as a means of ingress or egress1 are now required in only a few countries of ,europe4 ,for the convenience of citizens who may have left home without securing passports1 arrangements have been made whereby they may be obtained from our representatives in foreign countries4 ,another kind of passport is that for ,american ships4 ,each ship-master obtains one before leaving for a foreign port4 ,it tells the nationality of the ship1 shows that she is under the protection of the ,united ,states4 ,consuls4--,these are the business representatives of the government residing in foreign lands4 ,they are the guardians of their countrymen against the vexations1 injuries1 and injustices of the country where they reside2 and they exercise certain police powers over all the individuals of their nation within their respective consulates4 ,the origin of consulates dates back to the time of the ,crusades4 ,they were instituted by the great commercial cities of the ,mediterranean4 ,the ,pisans1 ,venetians1 and ,genoese had trading-places in various parts of ,asia1 and they secured from the princes of the countries where these trading-posts were located the right to have judges or arbitrators of their own nation located at each of these posts who were privileged to settle disputes between citizens of these cities in accordance with their own laws4 ,at first1 then1 the consuls were only arbitrators in commercial matters4 ,but their prerogatives have increased until now they are intrusted with the protection of merchants of their country in their relations with the countries to which they come to trade4 ,in some countries1 such as ,china1 ,japan1 ,siam1 and ,turkey1 our consuls are by treaty invested with judicial powers4 ,they try and punish ,american citizens for crimes committed there4 ,incidentally it is the duty of a consul to provide for sick1 disabled or destitute ,american seamen1 and to send them home to the ,united ,states2 to receive and take care of the personal property of any ,american citizen who dies within his consulate1 and to forward to the secretary of state the balance remaining after the necessary funeral expenses1 to be held in trust for the heirs4 7,see also page #cej47 ,some of the consular reports contain very valuable information regarding the products and industries of the countries where they are located4 ,these reports can sometimes be obtained in limited numbers through a member of congress4 ,,how ,,we ,,are ,,protected ,,at ,,home4 ,life4--,our lives are protected very carefully1 not only against crime1 but also against accident4 ,taking human life is made the worst crime and suffers the severest punishment4 ,death-dealing weapons1 such as revolvers and dirks1 cannot lawfully be carried concealed4 ,poisons are cautiously sold1 and usually a record is made of the sale4 ,if death results from accident the person to blame is held responsible4 ,but every precaution is taken to prevent accidents4 ,lamps are provided for streets2 fast driving is prohibited2 horses are not allowed to be left standing unhitched2 business dangerous to life1 such as powder-making1 must be carried on at a distance from residences2 railroads are required to stop trains at crossings1 to ring a bell in going through a town1 to carry axes and buckets to be used in case of fire2 steamboats must be inspected1 and must be supplied with life-boats1 life-preservers1 and other appliances4 ,health4--,to protect our health precautions are taken against the outbreak of preventable diseases1 such as diphtheria1 typhoid fever1 etc41 by requiring cleanliness in yards and alleys2 and against small pox by requiring vaccination4 ,the government also supports hospitals for the care of the sick4 ,reputation4--,to secure to each person as good a reputation as his character will warrant it is made a crime to make false and malicious statements about any one4 ,if spoken1 the malicious statement is called slander2 if written or printed1 it is called libel4 ,the essential elements of these crimes are malice and injury4 ,if a false statement is made without intent to injure1 it is not slander4 ,and a true statement injuring another must not be made except for a proper purpose4 ,liberty4--,this includes all those rights guaranteed in the ,bills of ,rights of the several constitutions1 and the right to come and go without restraint1 the right to choose a vocation and to change it1 and other rights4 ,to appreciate the protection received in this direction1 the student should read up the history of each of the guarantees1 and of caste1 curfew1 passports1 etc4 ,property4--,the right of private property covers the acquiring1 using1 and disposing of anything that a person may call his own1 including time and labor4 ,a person's property rights may be interfered with in so many ways that many laws are necessary to protect him4 ,a brief outline of commercial law is given elsewhere4 ,,how ,,elections ,,are ,,conducted4 ,electors4--,the voters of each state are designated by the constitution thereof4 ,see page #bih4 ,time4--,the time of elections is usually also a matter of constitutional provision4 ,the local 7town1 village1 and city7 elections are1 in most if not all of the states1 held in the spring2 probably because the public improvements contemplated are to be made chiefly in the summer4 ,the general elections are held in the fall4 ,this may be partly at least1 in order that the official year may begin with the calendar year4 ,place4--,towns1 villages1 and city wards are the usual election precincts1 but any of these may be divided if necessary4 ,the location of the polling-place is determined by the convenience of the voters4 ,supervision4--,each polling-place is in charge of supervisors of election1 usually three4 ,in towns and villages1 the regular trustees supervise the elections4 ,in cities1 three persons for each precinct are appointed to act by the council or by the mayor4 ,the supervisors are assisted by one or two clerks4 ,registration4--,to prevent fraud1 it is required that a person shall have been a resident of the precinct in which he offers to vote for at least ten days4 ,in the cities1 where population fluctuates greatly1 it has been found necessary to require voters to register before the day of election2 that is1 to enroll their names and places of residence with the officers of election4 ,notices4--,due notice of the times and places of registration and election is given1 at least ten days in advance4 ,voting4--,this is by ballot1 the two chief reasons being1 7a7 to permit the voter to express his choice uninfluenced by any one else2 7b7 to facilitate the voting4 ,the voter hands to the chairman of the supervisors his ballot1 folded so as to conceal the names4 ,after ascertaining from the other supervisors that the name of the person offering the vote is registered1 or being satisfied in some other way that he is entitled to vote1 the chairman1 in the presence of the voter1 deposits the ballot in the box4 ,the voter's name is then checked on the register1 and enrolled by the clerks on the list of persons who have voted4 ,counting4--,each name as it is written by the clerks is numbered1 and the supervisors in checking the register do so by writing the number of the vote4 ,at the close of the polls1 therefore1 the number of persons who have voted is known4 ,the ballots are then turned out of the box upon a table1 and1 without being unfolded1 are carefully counted1 to see whether they correspond in number with the records4 ,if1 as once in a while happens1 it is found that there are too many ballots1 those in excess are drawn hap-hazard from the pile by the supervisors and destroyed4 ,the ballots are then unfolded1 and the count of the persons voted for is carefully made and recorded4 ,these proceedings are all open to the public4 ,reporting4--,in local elections1 the result of the vote is read by a clerk to those present4 ,an abstract of the vote is filed in the office of the clerk of the corporation1 and a list of the persons elected is sent to the auditor 7clerk7 of the county4 ,the names of the justices of the peace and the constables are reported to the clerk of the court4 ,in general elections1 the abstract of the vote is sent to the county auditor4 ,he makes a general abstract of the vote of the county on state officers1 members of congress1 and presidential electors1 and sends it to the state auditor4 ,he also sends to the same officer a list of the persons elected to county offices4 ,an abstract of the vote is published in one or more of the county papers4 ,canvassing ,boards4--,the persons composing these boards are designated by statute4 ,the secretary of the organization is always a member4 ,he is usually assisted by two or more judicial officers4 ,certificates of ,election4--,these are furnished to officers-elect by the secretary of the organization4 ,certificates of members of congress and presidential electors are signed by the governor and the secretary of state1 and are authenticated by the state seal4 ,defects4--,with all the thought that has been given to the subject1 it is still an unsolved problem how to secure a free vote and a fair count4 ,of the two purposes given above to be subserved by the use of the ballot rather than by viva voce voting1 the first is too commonly not realized4 ,perhaps the greatest danger to our government is bribery or overawing of the voter4 ,a remedy suggested4--,the main reliance for the purity of the ballot must of course be the intelligence and uprightness of the people1 and he who enlightens and uplifts one or more individuals is to that extent truly a patriot4 ,the second reliance is the removal of temptation4 ,there may be honor among thieves1 but wrong doing makes a person suspicious1 and if the briber cannot see the bribed deposit his ballot he has no good reason for believing that he did as directed4 ,in ,australia they have a plan which seems to obviate bribery1 and to have certain other incidental advantages4 ,the plan includes two main features3 #a4 ,the printing of ballots at state expense1 the ballots to contain all the nominees of all the parties and appropriate blank spaces for the insertion of other names2 #b4 ,the secret preparation of the ballot by the voter and his casting it in the presence of the officers only4 ,the operation of the plan slightly modified1 as now proposed in ,massachusetts1 is briefly this3 ,in the polling room as now1 is the ballot-box2 this none but those in the act of voting and the officers are allowed to approach4 ,as the voters enter the enclosed area a stile numbers them1 and an officer hands each a ballot1 containing the names of all nominees4 ,the voter takes this into a booth1 and makes a cross in ink opposite the name of each person that he wishes to vote for4 ,having thus prepared his ballot alone1 he deposits it in the usual way4 ,the advantages promised by this plan are obvious4 ,the printing of the ballots at state expense would do away with one of the pretexts for bleeding a candidate for legitimate expenses4 ,it would take their occupation from the ticket-peddlers1 and do away with the deceiving pasters4 ,the electors would be freed from the nuisance of personal solicitation or dictation4 ,the polling-places would be quieter and more orderly4 ,best of all1 it would greatly minify the evils of bribery for reasons given above4 ,the principle is certainly a good one1 and the machinery is worthy of the careful consideration of our legislators4 ,later3 ,this system is now used in several states4 ,,why ,,and ,,how ,,nominations ,,are ,,made4 ,a political party may be defined as a number of persons holding similar views in relation to one or more questions of public policy1 and who through unity of action seek to have these views prevail4 ,the great instrument for securing unity is the convention4 ,it may be a mass meeting1 or1 as is more usual among the large and well-organized parties1 a convention of delegates4 ,in either case it is1 be it remembered1 not a part of the elective machinery designed by the legislature1 but a political device to increase the chances of victory through unity of purpose and action4 ,party organization consists of committees--town1 village1 city-ward1 county1 state1 and national4 ,the local committees are chosen by the resident partisans2 the county committees by the county conventions2 the state committees by state conventions2 and the national committee1 consisting usually of one member from each state1 by the delegates of the respective states to the national convention4 ,each committee chooses its own chairman and secretary4 ,besides those mentioned1 there are district committees1 such as congressional-district committees1 senate-district committees1 etc41 whose members are appointed in a manner similar to that given above4 ,the term of a member is1 as might be expected1 from the close of one regular convention to the close of the succeeding one4 ,thus a town committeeman's term is one year1 while that of a national committeeman is four years4 ,the mode of nominating a candidate for the presidency of the ,united ,states will illustrate the way of making nominations in general4 #a4 ,by long-established practice1 each state is entitled to twice as many delegates to the national convention as the number of its presidential electors1 and each territory to two delegates4 ,thus1 ,minnesota being entitled to nine electors1 may send eighteen delegates3 and ,new ,york1 having thirty-six electors1 is entitled to seventy-two delegates4 ,each delegate has an alternate1 who acts in the delegate's absence4 #b4 ,though the popular election does not take place until ,november1 the national conventions are usually held in ,june or ,july4 ,this is probably to allow plenty of time for the campaign4 #c4 ,to allow the machinery time to grind out the delegates1 the national committee1 having early determined upon the time and place for holding the convention1 issues its call some months in advance1 say in ,february or ,march4 ,this is published in the newspapers throughout the country4 #d4 ,the next step in the process is the issuance of calls by the several state committees4 ,these are issued as soon as practicable after that of the national committee1 and usually appoint the state convention for the latter part of ,may4 #e4 ,in some states all of the delegates to the national convention are chosen by the state convention4 ,but the number of states is increasing1 and properly so1 in which each congressional district chooses its own two delegates1 leaving only the four delegates at large to be chosen by the state convention4 ,in these states1 the next step is the call of the district committee for a convention slightly antedating that of the state4 #f4 ,as soon as practicable after the district call is announced1 the several county committees issue their call for county conventions1 to be held shortly before the district convention4 #g4 ,lastly1 the local committees issue their calls1 usually giving a week or ten days' notice4 ,the local convention is called a caucus4 #h4 ,then in succession the local1 county1 district1 state1 and national conventions are held4 ,the caucuses send representatives to the county conventions1 which in turn choose the deputations to the district and state conventions1 and these finally select the delegates to the national convention4 ,an equal number of alternates are chosen at the same time4 ,the state convention also names the presidential electors to be supported by the party4 ,thus the national convention is the first to be called and the last to be held1 while the caucuses are the last to be called and the first to be held4 ,the caucuses are the real battling-place for the people4 ,the delegates from each convention receive certificates of election signed by the chairman and secretary thereof4 ,these credentials are given to prevent fraud1 and constitute the delegates' title to seats in the convention to which they are sent4 ,the first step taken in the national convention1 after securing a temporary organization1 is the appointment of a committee on credentials and another on permanent organization1 by the temporary chairman4 ,when the former committee reports1 it is known who are entitled to participate in the proceedings2 and when the latter committee reports1 the convention almost invariably adopts the report and thereby perfects its organization4 ,a committee on rules and one on platform are then appointed4 ,the states are then called in alphabetical order1 and each one that cares to1 presents to the convention the name of her favorite son4 ,thus in the republican convention of #ahfj1 when ,illinois was called1 the name of ,abraham ,lincoln was presented2 and when ,new ,york was called1 the name of ,william ,h4 ,seward was presented1 and so on4 ,when the roll of the states is completed1 the balloting begins4 ,in the republican convention1 nomination is by majority vote2 in the democratic1 it takes a two-thirds vote to nominate4 ,the vice-president is then nominated in a similar manner4 ,after adopting a platform the convention adjourns4 ,,how ,,congress ,,is ,,organized4 ,footnote3 ,see also ,among the ,lawmakers1 chapter ,,iii4 ,though the senate is quite a permanent body1 two-thirds of its members holding over from one congress to another1 its committees are reorganized at the beginning of each congress4 ,the terms of all members of the house of representatives expire ,march #d of the odd-numbered years1 and1 though many of the old members are re-elected1 the house must be reorganized at the beginning of each congress4 ,the mode of organizing the house is briefly as follows3 #a4 ,at the first session1 the house is called to order by the clerk of the preceding house1 who then calls the roll of members-elect ,footnote3 ,the members-elect have previously sent him their certificates of election1 received from the state canvassing board4 by states4 ,if a quorum is found to be present1 the clerk declares it to be in order to proceed to the election of a speaker4 ,the vote is viva voce on the call of the roll1 each member when his name is called pronouncing the name of his choice for speaker4 ,election is by majority of the votes given4 ,the result is declared by the clerk1 who then designates two members 7usually of different politics1 and from the number of those voted for as speaker7 to conduct the speaker-elect to the chair2 and also one member 7usually that one who has been longest in continuous service a member of the house7 to administer to him the oath required by the constitution4 ,footnote3 ,manual of the ,house of ,representatives4 ,the speaker then administers the oath to the members1 in groups of about forty1 all standing in line before the speaker's desk4 #c4 ,the organization is completed by the election of a clerk1 a sergeant-at-arms2 a doorkeeper1 a postmaster1 and a chaplain4 ,the vote is viva voce1 and the term is until their successors are chosen and qualified--usually about two years1 though all are subject to removal at the will of the house4 ,the delegates from the territories are then sworn in4 ,at this stage it is usual for the house to adopt an order that a message be sent to the senate to inform that body that a quorum of the house of representatives has assembled1 and that --------1 one of the representatives from the state of ----1 has been elected speaker1 and ----- ---1 a citizen of the state of ---1 has been chosen clerk1 and that the house is now ready to proceed to business4 ,footnote3 ,manual of the ,house of ,representatives4 ,each house then orders a committee of three members to be appointed1 the joint committee to wait upon the president of the ,united ,states and inform him that a quorum of the two houses has assembled1 and that congress is ready to receive any communication he may be pleased to make4 ,footnote3 ,manual of the ,house of ,representatives4 ,it is in order then for the president to forward his message to congress4 ,the above are the usual proceedings1 and they generally occur on the first day of the session4 ,the seating of the members is by lot1 except in the case of certain members privileged by very long experience or otherwise1 who are by courtesy permitted to make the first selection4 ,each member is numbered1 and corresponding numbers are placed in a box and thoroughly intermingled4 ,then the numbers are drawn from the box successively by a page1 the member whose number is drawn first having first choice of seat1 and so on4 ,this may be done while the committees are waiting on the president1 as above described4 ,,how ,,contested ,,elections ,,are ,,settled4 ,each house shall be the judge of the elections1 returns1 and qualifications of its own members4--,constitution1 ,i41 #e1 #e4 ,a contested election resembles very much in its mode of settlement the trial of a civil suit4 #a4 ,within thirty days after the result of the election is made known1 the contestant must serve upon the person declared elected by the canvassing board a notice of intention to contest his seat1 and the grounds therefor4 #b4 ,within thirty days of receiving said notice1 the member-elect must answer it1 stating specifically the grounds of his defense1 and must serve a copy of this answer upon the contestant4 #c4 ,ninety days are then allowed for the taking of testimony--the first forty to the contestant1 the second forty to the member-elect1 and the remaining ten to the contestant for testimony in rebuttal4 ,testimony may be taken before any ,united ,states1 state or municipal judge1 notary public1 or by two justices of the peace4 ,the opposite party must have due notice of the times and places of taking the evidence2 but testimony may be taken at several places at the same time4 ,the witnesses are summoned by subpoena served in the usual way4 ,the examination of the witnesses is by the officer issuing the subpoena1 but either party may propose questions4 ,the questions and answers are committed to writing1 and authenticated4 ,all the papers in each case1 certified1 carefully sealed1 and the envelopes indorsed with name of the case1 are sent by mail to ,washington1 addressed to the clerk of the house in which is the contested seat4 ,the matter is referred to the committee on elections4 ,footnote3 ,this is the oldest of all the committees1 having been established at the beginning of the first congress4 ,this committee having carefully considered the matter may bring in its report at any time1 this being what is known as a privileged question4 ,the decision is by majority vote of the house interested4 ,in the meantime the person who has obtained the certificate of election from the state canvassing board is presumed to have been elected1 and is treated accordingly4 ,in order that lack of means may not compel a man to submit to a wrong1 and that the real will of the congressional district as expressed in the election may be ascertained1 the contestant may be allowed not to exceed two thousand dollars for expenses4 ,,how ,,an ,,impeachment ,,case ,,is ,,conducted4 ,the house of representatives 444 shall have the sole power of impeachment4--,constitution ,i4 #b3 #i4 ,the senate shall have the sole power to try all impeachments4'--,ib41 ,i4 #c3 #f4 ,the president1 vice-president1 and all civil officers of the ,united ,states1 shall be removed from office on impeachment for1 and conviction of1 treason1 bribery1 or other high crimes and misdemeanors4--,ib41 ,,ii4 #d3 #ag4 ,the house1 having resolved that a certain civil officer be impeached1 orders that a committee be appointed to notify the senate of the fact2 and to state that the house of representatives will1 in due time1 exhibit particular articles of impeachment against him1 and make good the same2 and to demand that the senate prepare to try the impeachment4 ,the house then1 on motion1 appoints a committee 7usually of five members7 to prepare carefully the articles of impeachment4 ,footnote3 ,this corresponds to the indictment of a grand jury4 ,the report of this committee1 having been considered in committee of the whole1 is reported to the house1 with such amendments as seem necessary4 ,if the report is agreed to by the house1 a committee of five managers is appointed to conduct the impeachment on the part of the house4 ,the senate is then notified by the clerk of the house1 that the managers1 naming them1 have been appointed1 and that the articles of impeachment are ready to be exhibited4 ,the senate having appointed the time when it would resolve itself into a court of impeachment notifies the house4 ,at the appointed time the managers carry the articles to the senate1 and on their return report to the house4 ,the senate then issues a summons to the defendant1 ordering him to file his answer with the secretary of the senate by a certain day4 ,on the day appointed1 the house1 having resolved itself into committee of the whole1 attends the trial in the senate chamber4 ,the next day the house attends similarly1 if a reply is to be made to the defendant's answer4 ,during the taking of the testimony only the managers attend1 the house devoting itself to its regular business4 ,when the case is ready for argument1 the house attends daily1 as committee of the whole4 ,the report of the final action of the senate is made to the house by the chairman of the committee of the whole4 ,in an impeachment trial the senate is both judge and jury4 ,but1 for convenience1 the functions of judge are usually performed by the president of the court of impeachment2 and a senator may be called upon to testify4 ,the secretary of the senate corresponds to the clerk of the court1 and the sergeant-at-arms corresponds to the sheriff in an ordinary court4 ,on the final question whether the impeachment is sustained1 the yeas and nays shall be taken on each article of impeachment separately2 and if the impeachment shall not1 upon any of the articles presented1 be sustained by the votes of two-thirds of the members present1 a judgment of acquittal shall be entered2 but if the person accused in such articles of impeachment shall be convicted upon any of said articles by the votes of two-thirds of the members present1 the senate shall proceed to pronounce judgment1 and a certified copy of such judgment shall be deposited in the office of the secretary of state4 ,footnote3 ,manual of the ,united ,states ,senate4 ,only seven cases of impeachment before the ,u4,s4 senate have occurred4 ,to save space they are shown in tabular form3 ,time ,name4 ,office4 ,charge4 ,result4 #agih ,william ,blount4 ,u4,s4 ,senator ,intrigues with ,case dismissed2 from ,tennessee4 ,indians4 not an officer #ahjc ,john ,pickering4 ,u4,s4 district ,intemperance ,removed from judge1 ,n4,h4 and malfeasance office4#a in office4 #ahjd ,samuel ,chase4 ,associate ,just4 ,partiality and ,acquitted4#a ,u4,s4 ,sup4 ,ct4 injustice4 #ahcj ,james ,peck4 ,u4,s4 district ,abuse of power4 ,acquitted4 judge1 ,mo4 #ahfj ,west ,w4 ,u4,s4 district ,treason in ,removed and ,humphreys judge1 ,tenn4 advocating and disqualified4 aiding secession4 #ahfh ,andrew ,johnson4 ,president of the ,violation of ,acquitted by ,united ,states4 ,tenure of one vote4 ,office act and other crimes4 #ahgf ,william ,w4 ,sec'y of war4 ,malfeasance in ,acquitted4 ,belknap4 office and accepting bribes4 ,footnote #a3 ,see ,thomas ,jefferson1 ,american ,statesmen ,series1 pp4 #bei-fc4 ,,how ,,united ,,states ,,senators ,,are ,,elected4 ,the senate of the ,united ,states shall be composed of two senators from each state1 chosen by the legislature thereof4--,constitution1 ,i4 #c3 #a4 ,the time of this election is the second ,tuesday after the meeting and organization of the legislature4 ,if a vacancy occurs in the senate during the session of the legislature1 the election occurs on the second ,tuesday after notice of the vacancy is received by the legislature4 ,on the day appointed1 the roll of each house being called1 each member responds by naming one person for the senatorship4 ,the result of the vote is entered on the journal of each house by the clerk thereof4 ,the next day at noon1 the members of both houses convene in joint assembly1 and the journal of each house is read4 ,if the same person has received a majority of all the votes in each house1 he is declared elected4 ,but if no person has received such majority1 the joint assembly proceeds to choose1 by viva voce vote of each member present1 a person for senator4 ,a quorum consists of a majority of each house1 and a majority of those present and voting is necessary to a choice4 ,if no one receives such majority on the first day1 the joint assembly meets daily at noon1 and takes at least one vote1 until a senator is elected4 ,a certificate of election is made out by the governor1 countersigned and authenticated under seal of the state by the secretary of state1 and forwarded to the president of the senate of the ,united ,states4 ,,how ,,the ,,electoral ,,vote ,,is ,,counted4 ,the president of the senate shall1 in the presence of the senate and house of representatives1 open all the certificates1 and the vote shall then be counted4--,constitution1 ,amendment ,,xii4 ,the constitution gives no directions as to the manner of counting4 ,no trouble was experienced1 however1 until the ,hayes-,tilden election4 ,the result of this election depended upon the votes of three states1 each of which sent in two conflicting sets of certificates4 ,there being no legal provision for the settlement of such disputes1 the famous electoral commission was created to determine which certificates should be counted4 ,it consisted of five senators1 five representatives1 and five justices of the supreme court4 ,the gravity of the danger thus revealed made it obviously necessary that some general plan be devised whereby such disputes might be obviated4 ,though consideration of the subject began at once1 and various measures were from time to time proposed1 no satisfactory solution was presented until ,february #c1 #ahhg1 when the ,electoral ,count ,bill was passed and received the signature of the president4 ,an outline of the bill is here given1 the principal provisions being the second and sixth as here numbered4 #a4 ,the electors shall meet and vote on the second ,monday in ,january following their election4 ,footnote3 ,the time of meeting had been the first ,wednesday in ,december4 ,the change was made to give time for the settlement of any disputes1 as provided in the second section4 #b4 ,if there be any disputes as to the choice of the electors1 they are to be settled in the respective states in the way that each state shall determine1 provided that the laws governing the matter shall have been passed before the election1 and that disputes shall have been settled at least six days before the time fixed for the meeting of the electors4 ,a report of the contest and its mode of settlement shall be made by the governor1 and forwarded under seal to the secretary of state of the ,united ,states4 #c4 ,as soon as practicable after it shall have been ascertained who have been chosen electors1 the executive of the state shall transmit under the seal of the state to the secretary of state of the ,united ,states the names of the electors1 with an abstract of the popular vote for each candidate for elector4 ,the executive shall also deliver to the electors1 on or before the day of meeting1 three copies of said certificate1 one of which the electors shall enclose with each list of persons voted for as president and vice-president4 #d4 ,as soon as practicable after receiving the certificates as aforesaid1 the secretary of state shall publish them in full in such newspaper as he shall designate2 and at the first meeting of congress thereafter he shall transmit to each house a copy in full of each certificate received4 #e4 ,the counting of the vote will take place1 as heretofore1 on the second ,wednesday in ,february following the meeting of the electors4 ,at one o'clock in the afternoon the senate and house of representatives meet in the hall of the house of representatives1 and the president of the senate takes the chair4 ,two tellers shall be previously appointed on the part of the senate and two on the part of the house of representatives1 to whom shall be handed1 as they are opened by the president of the senate1 all the certificates and papers purporting to be certificates of the electoral votes1 which certificates and papers shall be opened1 presented1 and acted upon in the alphabetical order of the states1 beginning with the letter ,a2 and said tellers1 having then read the same in the presence and hearing of the two houses1 shall make a list of the votes as they shall appear from the said certificates2 and the votes having been ascertained and counted in the manner and according to the rules in this act provided the result of the same shall be delivered to the president of the senate1 who shall thereupon announce the state of the vote1 which announcement shall be deemed a sufficient declaration of the persons1 if any1 elected president and vice-president of the ,united ,states1 and1 together with a list of the votes1 be entered on the journals of the two houses4 #f4 ,upon the reading of each certificate the president of the senate asks whether there be any objections to it4 ,objection must be made in writing1 and must state clearly and concisely1 and without argument1 the ground thereof4 ,to entitle it to consideration1 the objection must be signed by at least one senator and one representative4 ,when all the objections to any paper have been received and read1 the senate withdraws1 and the two houses proceed separately to consider them4 ,if from any state but one set of electors are certified1 and the certification has been done as prescribed in section three1 the certificate cannot be rejected4 ,but if not properly certified1 the two houses acting concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by those whose appointment has been so certified4 ,if more than one return has been received from any state1 those votes only shall be counted which have been determined as provided in section two4 ,if two or more returns appear1 each certified by authorities claiming to be the lawful tribunal of the state1 the vote shall be counted which the two houses1 acting separately1 concurrently decide is supported by the decision of such state so authorized by its laws4 ,if more than one return comes in from any state1 no determination such as is prescribed in section two having been made1 the two houses concurrently decide which1 if any1 of the votes shall be counted4 ,if in such a case the houses disagree1 the votes of those electors shall be counted whose appointment shall have been certified by the executive of the state4 ,when the case in question has been disposed of1 the joint session is resumed and the counting continued4 #g4 ,in the joint meeting1 the president of the senate has authority to preserve order4 ,no debate is allowed1 and no question can be put1 except to either house on a motion to withdraw4 #h4 ,when discussing an objection1 in separate session1 no member can speak more than once1 and then for not longer than five minutes4 ,the entire time for discussion is limited to two hours4 #i4 ,provision is made for the seating of every one entitled to a seat on the floor of the house2 and the act declares that such joint meeting shall not be dissolved until the count of electoral votes shall be completed and the result declared4 ,some time after the passage of the law1 it was discovered that a strange omission had been made4 ,by the old law1 the electors in each state were required to appoint a messenger to take one of the certificates of votes cast1 and deliver it to the president of the senate on or before the first ,wednesday in ,january4 ,by the new law the electors do not meet until the second ,monday in ,january4 ,the inconsitency was remedied1 however1 by a supplementary act1 providing that certificates shall be forwarded as soon as possible1 and authorizing the president of the senate to send for missing certificates on the fourth ,monday in ,january4 ,,how ,,fugitives ,,from ,,justice ,,are ,,extradited4 ,extradition is the delivering up to justice of fugitive criminals by the authorities of one state or country to those of another4 ,footnote3 ,lalor's ,cyclopedia of ,political ,science4 ,the duty of extradition between the states of this republic is imposed by the federal constitution1 ,,iv4 #b2 and the mode of procedure is prescribed by an act of congress passed in #agic4 ,the term other crimes used in the constitution is generally interpreted so as to include any offense against the laws of the state or territory making the demand4 ,on the question whether the executive upon whom demand is made is bound to comply1 the federal courts have decided that his duty in the matter is imperative2 that he must deliver up the fugitive1 unless the accused shall also be under prosecution for breach of the laws of the state to which he has fled4 ,the procedure is this3 ,the accused must be indicted in the state in which the crime was committed1 or a charge must be brought against him before a magistrate1 who1 if satisfied that the charge is true1 issues a warrant for the arrest of the criminal4 ,a copy of the indictment or affidavit is forwarded to the executive of the state1 and he issues to the executive of the state to which the fugitive has gone1 a requisition for his surrender4 ,if the executive upon whom the requisition is made is satisfied that the papers are regular and the proof of the crime sufficient1 he issues a warrant for the arrest and delivery of the accused to the agent of the state making the demand4 ,the expense of these proceedings is borne by the state making the demand4 ,between nations extradition is regarded as a matter of comity1 and is based upon special treaty4 ,in this country1 power to make such a surrender is conferred upon the executive ,footnote3 ,this of course means the president1 as states cannot treat with foreign powers4 only where the ,united ,states are bound by treaty1 and have a reciprocal right to claim similar surrender from the other power4 ,in relation to the crimes for which extradition may be demanded1 it may be said in general that they are specified in the treaty1 and are such offenses as are recognized as crimes by both countries4 ,consequently no two treaties are exactly alike4 ,generally only things wrong in themselves1 not things wrong by local prohibition1 are included4 ,offenses merely political are not included2 and as opinions differ in different countries on what constitutes a political crime1 the surrendering nation is very properly made the judge of this question4 ,as a corollary to the preceding1 it is a well-established rule of international law1 that the surrendered party can be tried only on the allegations for which extradition has been accorded4 ,this principle is also generally recognized among the states4 ,,how ,a ,,court ,,martial ,,is ,,conducted4 ,a court martial is a court consisting of military or naval officers1 for the trial of offenses against military or naval laws4 ,courts martial are of three classes1 general1 garrison1 and regimental4 ,general courts martial consists of from five to thirteen officers1 appointed by a general or by the president4 ,garrison and regimental courts martial consist of three officers appointed respectively by the garrison and the regimental commanders4 ,only general courts martial have jurisdiction of capital offenses4 ,there are two marked characteristics of courts martial4 ,first1 the accused is tried1 not as in a civil court by his peers1 but by his superiors4 ,second1 there is no distinction between judge and jury2 the officers comprising the court act in both capacities--they determine the fact and apply the law4 ,sentence is by majority vote1 except that to pronounce sentence of death a two-thirds vote is necessary4 ,for convenience1 one of the officers is designated to act as president by the order convening the court4 ,as prosecutor in the case1 and also as the responsible adviser of the court1 a judge-advocate is appointed1 usually by the same order4 ,the accused is entitled to counsel2 but if he is unable to obtain any1 the judge-advocate must insist upon all rights belonging to the accused under the law and the evidence4 ,the findings of a court martial must in each case be transmitted to the convening authority and by it be approved1 before being carried into execution4 ,in time of peace1 no sentence of a court martial involving loss of life or the dismissal of a commissioned officer1 and either in time of peace or war no sentence against a general officer1 can be carried into effect without approval by the president of the ,united ,states4 ,the jurisdiction of courts martial extend only over offenses committed by persons enlisted in the military or the naval service of the country4 ,,why ,,and ,,how ,,territories ,,are ,,organized4 ,the organization of territories in the ,united ,states is for two purposes3 to provide good government while population is sparse1 and to encourage their development into self-governing commonwealths1 and their incorporation into the federal system as rapidly as possible4 7,see page #bag47 ,territories are organized by congress4 ,in the organic act the boundaries of the territory are defined1 and a system of government is established4 ,the governor and the administrative and judicial officers are appointed by the president1 but a territorial legislature is entrusted with limited powers1 subject to the approval of congress4 ,each of the several territories may elect one delegate to a seat in the ,united ,states ,congress4 ,the delegate may speak on subjects in which his territory is interested1 but he cannot vote4 ,,why ,,and ,,how ,,the ,,public ,,lands ,,are ,,surveyed4 ,the public lands are not meant to be held forever by the general government4 ,they are designed to be owned and occupied by ,american citizens4 ,to divide the land into pieces and thus to facilitate the description and the location of any piece1 is the principal purpose of the survey4 ,incidentally the portions six miles square serve as bases for the political divisions called towns1 and this was part of the original plan4 ,the old thirteen and ,maine1 ,vermont1 ,kentucky1 ,tennessee1 and ,west ,virginia were surveyed in a very irregular way4 ,lands were described as bounded by lines running from stumps to stones1 thence to a creek and down the main channel thereof4 ,in #aghe1 a committee of the continental congress was appointed1 with ,thomas ,jefferson as chairman1 to devise a simple and uniform mode of surveying the public lands in what was about to be organized as the ,northwest ,territory4 ,the most noticeable peculiarity of the system is that it is rectangular4 ,a prime meridian is first determined1 then a baseline crossing it at right angles4 ,then from points on the baseline six miles and multiples thereof from the meridian1 lines are run due north4 ,and parallels to the base-line are run at distances of six miles4 ,the approximate squares thus formed are called townships4 ,the rows of townships running north and south are called ranges4 ,townships are numbered north and south from the base-line2 ranges east and west from the meridian4 ,the diagram on page #cda illustrates the system4 ,since meridians all terminate at the poles1 the lines between ranges1 being meridians1 gradually approach each other as they go northward4 ,the lines1 then1 soon become so much less than six miles apart that a new beginning has to be made4 ,the parallel upon which this correction is made is naturally called the correction line4 ,corrections were at first made every thirty-six miles1 but they are now made every twenty-four miles4 ,the first prime meridian starts at the mouth of the ,great ,miami and forms the western boundary of ,ohio4 ,the second prime meridian begins at the mouth of ,little ,blue ,creek1 in ,indiana4 ,the third1 at the mouth of the ,ohio2 the fourth at the mouth of the ,illinois2 and the fifth at the mouth of the ,arkansas4 ,illustration3 ,,ranges ,,and ,,townships ,illustration3 ,the numbering of sections in a township4 ,illustration3 ,divisions of a section4 ,the first prime meridian has several base-lines4 ,the base-line of the second meridian crosses it about twenty-four miles north of its point of beginning1 and the base-line of the third is a continuation of that of the second4 ,the principal base-line of the fourth meridian coincides with the southern boundary of ,wisconsin4 ,it has also a short base-line about six miles north of ,quincy1 ,ills4 ,the base-line of the fifth meridian is just south of ,little ,rock1 ,ark4 ,from the first meridian most of ,ohio is surveyed2 from the second1 ,indiana and the eastern twenty-four miles of ,illinois2 from the third1 the rest of ,illinois1 except a small portion north of ,quincy2 from the fourth1 the portion of ,illinois just referred to1 all of ,wisconsin1 and that part of ,minnesota east of the ,mississippi2 from the fifth1 ,arkansas1 ,missouri1 ,iowa1 ,minnesota west of the ,mississippi1 and the ,dakotas east of the ,missouri4 ,the sixth coincides with meridian #ig #bb'1 west of ,greenwich4 ,from it are surveyed ,kansas1 ,nebraska1 ,dakota south and west of the ,missouri1 ,wyoming1 and all of ,colorado except the valley of the ,rio ,grande del ,norte4 ,michigan1 ,florida1 ,alabama1 ,mississippi1 and the states and territories in the far west are surveyed from special meridians4 ,,how ,,to ,,secure ,,public ,,lands4 ,as a general rule1 only surveyed lands are subject to entry4 ,under the mineral land laws1 however1 claims can be located upon unsurveyed lands4 ,the public lands are divided as to price into two classes3 those whose minimum price is #a4be per acre and those whose minimum is #b4ej per acre4 ,the latter1 usually called double minimum lands1 are in most cases the alternate sections reserved in railroad or other public land grants4 ,in some cases ,indian reservations restored to the public domain have been rated differently1 the price varying from below the single minimum to above the double minimum4 ,the remaining public lands are subject to entry under the homestead law1 the desert land law1 and the timber and stone act2 by the location of scrip2 and as town-site entries4 ,mineral lands are subject to entry only under the mining laws2 and special laws provide for the disposal of coal lands and lands containing petroleum4 ,any person who is the head of a family or is over twenty-one years old1 and who is a citizen of the ,united ,states1 or has declared his or her intention to become such1 may enter #afj acres of land without cost1 except the land-office fees provided by law1 inhabiting1 cultivating1 and making actual residence thereon for the period of five years2 or such a settler may at the expiration of fourteen months from date of settlement commute the entry by paying the government price for the land4 ,no part of the public domain is now 7since #ahhi7 subject to private cash entry1 except in the state of ,missouri and in cases where ,congress has made special provision therefor4 ,the preemption and timber culture laws were repealed in #ahia4 ,it has also been provided that no public lands of the ,united ,states shall be sold by public sale1 except abandoned military reservations of less than #e1jjj acres1 mineral lands and other lands of a special nature1 and isolated tracts that have been subject to homestead entry for three years after the surrounding land has been disposed of4 ,,how ,,slavery ,,was ,,abolished ,,in ,,the ,,several ,,states4 ,the slave trade was prohibited by congress in #ahjh4 ,from that time on it was a felony to bring slaves into the ,united ,states4 ,slavery never legally existed in the states carved out of the ,northwest ,territory4 ,it was forbidden by the ordinance of #aghg4 ,vermont abolished it in forming her state constitution in #aggg4 ,footnote3 ,before her admission into the ,union4 ,massachusetts1 by constitution1 #aghj4 ,pennsylvania1 gradual abolition by statute1 began in #aghj2 had #fd in #ahdj4 ,new ,hampshire1 by constitution1 #aghc4 ,rhode ,island and ,connecticut1 gradual abolition1 #aghd4 ,new ,york began in #agii1 finished ,july #d1 #ahbg4 ,new ,jersey began in #ahjd1 but had #ah in #ahfj4 ,by the ,missouri compromise1 #ahbj1 slavery ceased in all that territory ceded by ,france to the ,united ,states1 under the name of ,louisiana1 which lies north of #cf degrees and #cj minutes north latitude1 ,footnote3 ,thomas amendment to act for admitting ,missouri4 except ,missouri4 ,this part of the act was1 in the ,dred ,scott case1 declared by the supreme court to be invalid1 still a provision forbidding slavery found its way into the constitution of each of the states afterward seeking admission4 ,by the emancipation proclamation1 ,jan4 #a1 #ahfc1 the slaves of those in arms against the ,united ,states were declared free4 ,the thirteenth amendment1 adopted #ahfe1 abolished slavery in all parts of the ,united ,states4 ,,how ,,voting ,,is ,,done ,,in ,,legislative ,,bodies4 ,footnote3 ,see also ,among the ,lawmakers1 pp4 #afh-gj4 ,acclamation4--,the most common way of voting on ordinary questions is by acclamation2 that is1 when a question is put those in favor of it say aye1 and then those opposed say no4 ,in this case1 a majority of those voting prevails4 ,this is sometimes called voting viva voce4 ,division4--,if the presiding officer is uncertain as to which side is in the majority1 he may call for a division1 or this may be demanded by any member4 ,then those voting in the affirmative stand and are counted1 after which those voting in the negative do similarly4 ,yea and ,nay4--,on important questions in congress1 or on any question by demand of one-fifth of the members1 the vote is by yeas and nays that is1 the roll is called1 and each member responds yea or nay4 ,in some states1 including ,minnesota1 all bills must be voted on in this way1 and must receive a majority of the total membership in order to pass4 ,,how ,,laws ,,are ,,made4 ,footnote3 ,the ,minnesota process1 given as a type4 ,framing a ,bill4--,a bill is a proposed law4 ,the framing or drawing up of a bill may be done by any person4 ,for instance1 a citizen desiring legislation on any matter may formulate a bill for consideration by the legislature4 ,but many requests for legislation come in the form of petitions1 in which case the member to whom the matter is committed by the petitioners usually frames the bill4 ,many bills originate in committee1 some of them as substitutes4 ,bringing in4--,at the time set in the daily order of business for introducing bills1 the member announces his bill by title1 which should indicate the matter considered therein1 and sends it to the clerk's desk4 ,first ,reading4--,no bill can pass without at least three readings4 ,when a bill is first presented1 the clerk reads it at the table1 and hands it to the speaker1 who1 rising1 states to the house the title of the bill1 and that this is the first reading of it4 ,commitment4--,unless objection is made1 the bill1 if not one which has been formulated by a committee1 is then referred for careful consideration to a committee1 standing or special4 ,the number of subjects coming before a legislative body is too great to permit the initial consideration of each by the whole body4 ,it is a note-worthy fact that our lawmaking is virtually committee legislation4 ,all bills for appropriating money shall before passage be referred to the finance committee4 ,second ,reading4--,when reported favorably by the committee1 with amendments1 such amendments must be read in full1 and if they are adopted the bill passes to its second reading1 which is by title only4 ,if the bill is of a general nature1 it is printed and placed on the ,general ,orders or list of bills ready for consideration by the committee of the whole4 ,committee of the ,whole4-,this consists of the entire membership of the house4 ,its work is to perfect bills before they come up for final passage4 ,to this end great freedom of debate is permitted4 ,this is the last opportunity to offer amendments1 except by unanimous consent4 ,when the house resolves itself into committee1 the regular presiding officer leaves the chair after designating a member to act as chairman4 ,when the committee rises1 the presiding officer resumes the chair and the chairman of the committee reports its action4 ,bills reported favorably are engrossed1 that is1 rewritten neatly as amended1 and are placed on the ,calendar1 or list of bills ready for third reading4 ,third ,reading4--,this is in full1 and the question is on the passage of the bill4 ,if passed the bill is sent to the other house1 with the announcement that it has passed the first house4 ,action in other ,house4--,the bill is treated in the other house as in the first4 ,if passed1 it is returned similarly to the house in which it originated4 ,if passed with amendments1 these are considered4 ,,enrollment4-- ,when it has passed both houses1 the bill is plainly and accurately written on parchment1 under supervision of the committee on enrolled bills4 ,,signing4--,the enrolled bill is signed by the presiding officer of each house1 and1 if he approves it1 by the executive4 ,,disposition4--,the bill is then carried by the executive to the secretary of state1 who deposits it among the archives4 ,copies are made for publication4 ,footnote3 ,read ,among the ,lawmakers1 pp4 #fj-fd4 ,,appendix ,d4--,,some ,,principles ,,of ,,international ,,law4 ,nature and ,origin4--,a savage meeting in the forest a person whom he has never seen before is apt to look upon him as a foe4 ,as civilization increases1 danger to one's personal rights decreases1 and stranger ceases to mean enemy4 ,it has gradually come about that the confidence and courtesy shown to one another by men in their individual relations have extended to the relations of states4 ,morality1 reason1 and custom have established among the nations certain rules of conduct with respect to one another4 ,the rules constitute what is called international law4 ,as might be guessed1 international law is a matter of comparatively recent origin1 and exists only among the most highly civilized nations4 ,not being the enactment of any general legislative body1 having no courts competent to pass upon it nor executive to enforce its provisions1 this law must be framed by agreement1 and its carrying out must rest upon national good faith4 ,,peace ,,relations4 ,the great purpose of international law being to preserve peace by removing the causes of war1 we shall first consider some of the arrangements operative in times of peace4 ,non-interference4--,among individuals it is found that1 as a rule1 it is best for each person to mind his own business4 ,similarly1 among nations non-interference by one with the internal affairs of another is a cardinal principle4 ,it is1 therefore1 a general rule that a people may adopt such form of government as they choose1 and that whenever they wish they may amend or entirely alter it4 ,footnote3 ,a change in the form of government does not release the nation from prior obligations4 ,and the government formed has a right to operate without dictation from other powers4 ,nor has any foreign nation a right to inquire how the government has come into being2 sufficient that it is the government4 ,this right of a nation to manage its own affairs is called sovereignty4 ,it belongs to a small independent nation as completely as to a large one4 ,the act of one government in acknowledging the validity and sovereignty of another is called recognizing it4 7,see page #cdi1 last paragraph47 ,it is sometimes a delicate question to determine whether to recognize a community as a nation or not4 ,thus1 if a dependency is seeking to become independent1 our personal sympathies are naturally with it1 and yet it might be contrary to the law of nations1 an unfriendly act to the sovereign power1 for our government to recognize its independence4 ,during the struggle of the ,spanish-,american colonies for separate political existence1 ,john ,quincy ,adams1 then 7#ahbb7 secretary of state1 formulated the proper rule of action thus3 ,in every question relating to the independence of a nation two principles are involved1 one of right and the other of fact1 the former exclusively depending upon the determination of the nation itself1 and the latter resulting from the successful execution of that determination 444 ,the government of the ,united ,states yielded to an obligation of duty of the highest order by recognizing as independent states nations which1 after deliberately asserting their right to that character1 have maintained and established it against all the resistance which had been or could be brought to oppose it4 ,this recognition is 444 the mere acknowledgment of existing facts4 ,footnote3 ,wharton's ,international ,law ,digest1 ,volume ,i41 page #afb4 ,although sovereignty implies the right of a government to enter freely into such relations with any other nation as may be mutually agreeable1 the nations of ,europe feel at liberty in self-defense to interfere with any arrangements that threaten the balance of power4 ,thus ,france would feel justified in opposing a very close alliance between ,prussia and ,spain4 ,it is our good fortune not to have any dangerous neighbors4 ,we are reasonably sure of peace so long as we act in accordance with the counsel of ,washington1 ,friendly relations with all1 entangling alliances with none4 ,jurisdiction4--,it is clear that the authority of a nation properly extends over the land within its borders and over its inland waters4 ,it is equally clear that no nation should have exclusive jurisdiction over the ocean4 ,it is generally understood that a nation's authority extends out into the sea a marine league from shore4 ,but difficulty is encountered in determining a rule of jurisdiction over bays1 straits1 wide-mouthed rivers and other coast-waters4 ,shall the ,united ,states of right freely navigate the ,st4 ,lawrence to its mouth1 and the ,british the ,yukon8 ,should ,denmark receive tribute of ships passing through the sounds to the ,baltic1 and may ,turkey prohibit foreign war vessels from passing through the ,bosphorus8 ,is the mouth of the ,amazon part of the high seas8 ,is ,hudson's ,bay8 ,is ,delaware ,bay8 ,the difficulty is to formulate a rule that shall not unnecessarily abridge commercial freedom but shall still have due regard to national defense4 ,the question at large is not settled yet1 but it seems to be agreed that in the cases of bays not more than ten miles wide at the mouth1 the marine league shall be measured from a straight line joining the headlands4 ,the ,united ,states cannot purchase a grant of land in1 or concession of right of way over1 the territories of another nation1 as could an individual or a private corporation4 ,intercourse4--,while as an act of sovereignty a nation may shut out from its borders any or all of the rest of mankind1 intercourse is so natural and is usually so mutually profitable that such prohibition is almost unknown among civilized nations4 ,intercourse is regulated in different nations in various ways4 ,some limit or control it by a passport system2 some by special supervision of strangers2 some by a protective tariff2 others by giving to one nation commercial privileges not given to another4 ,among the general rules that govern intercourse are these3 ,aliens are entitled to protection from violence for themselves and their property4 ,they are amenable to the laws of the country in which they are sojourning1 except in certain oriental and other partly civilized countries4 ,aliens may expatriate themselves and may become naturalized in the land of their adoption4 ,the right of emigration is inalienable2 only self-imposed or unfulfilled obligations can restrict it4 ,footnote3 ,heffter1 quoted1 in ,woolsey's ,international ,law4 ,the principle that crime should be tried and punished where committed stands in the way of the trial of a culprit who has escaped to another country4 ,but for mutual protection most of the civilized nations have treaties for the extradition of criminals4 ,the ,united ,states have extradition treaties with over twenty countries4 7,see ,how ,criminals ,are ,extradited1 page #ccg47 ,ambassadors and ,consuls4--,we have considered briefly the rights and duties of individual sojourners in foreign lands4 ,let us now consider the modes and means of intercourse between the governments themselves4 ,formerly when a nation wished to come to an understanding with another it sent a special messenger clothed with necessary authority to act2 but for about two hundred years these representatives have1 as a rule1 taken up their residence at the capitals of the countries to which they are sent4 ,there are various grades of these ambassadors4 ,ours in order of rank are ambassadors1 envoys-extraordinary and ministers plenipotentiary1 ministers resident1 envoys1 charges d'affaires1 and1 temporarily1 secretaries of legation4 ,ambassadors including all of the above always and everywhere have had special immunities and often something of a sacred character 444 ,neither public authority nor private persons can use any force1 or do any violence to him1 without offending against the law of nations4 ,footnote3 ,except that if necessary for self-defense1 passive resistance may be made4 ,this immunity extends to his house1 furniture1 and attendants4 ,except in extreme cases1 he is exempt from civil or criminal process4 ,these diplomatic agents are appointees of the executive4 ,official communications with the president are made through the secretary of state4 ,in all negotiations between nations1 sovereign should always speak to sovereign and minister to minister4 ,a country may decline to receive any ambassador from a certain nation2 and this may be necessary in case of a civil war in which two parties claim to be the legal authorities1 because receiving the ambassador of one party would be equivalent to recognizing it as the legitimate authority4 ,and it may1 without offense1 decline to receive a particular ambassador1 on account of some objection to him personally4 ,it may also decline to treat with a minister who has so deported himself as to become distasteful4 ,when an ambassador arrives at the capitol of the country to which he is sent1 he seeks an interview with the secretary in charge of foreign affairs and delivers to him a copy of his credentials4 ,afterwards on a day appointed for the purpose1 the secretary presents him to the executive 7sovereign or president71 to whom he delivers the original commission4 ,ambassadors of all grades are expected to avoid all interference with political movements in the countries where they are stationed4 ,consuls are the commercial agents of a country4 ,they are stationed at the principal ports of the world4 ,their chief functions are3 #a4 ,to furnish their government information that may be of service in the commercial relations of the countries4 #b4 ,to settle disputes between masters and crews of merchant vessels in the port sailing under the protection of the flag of the consul's country4 #c4 ,to reclaim deserters from vessels1 and provide for destitute seamen4 #d4 ,in some non-,christian lands to act as judge in cases in which a countryman or other person from a ,christian state is a party4 7,see also page #cba47 ,treaties4--,treaties are contracts between nations#a1 and in international law much resemble ordinary contracts in municipal law4 ,for instance1 they can be made only by certain persons--the constituted authorities of nations1 or by persons specially deputed by them for that purpose4 ,a treaty cannot obligate to do an unlawful act4 ,there must be consideration --a treaty which sacrifices the interests of one party is not binding upon that party4 ,treaties obtained by fraud or force are not binding4 ,footnote #a3 ,this from ,woolsey's ,international ,law is too good to be omitted3 ,a contract is one of the highest acts of human free-will2 it is the will binding itself in regard to the future1 and surrendering its right to change expressed intention1 so that it becomes morally and jurally a wrong to act otherwise2 it is the act of two parties in which each or one of the two conveys power over himself to the other in consideration of something2 done or to be done by the other4 ,the binding force of contracts is to be deduced from the freedom and foresight of man1 which would have almost no sphere in society or power of co-operation1 unless trust could be excited4 ,trust lies at the basis of society2 society is essential for the development of the individual2 the individual could not develop his free forethought unless an acknowledged obligation made him sure in regard to the actions of others4 ,that nations as well as individuals are bound by contract1 will not be doubted when we remember that they have the same properties of free will and foresight2 that they can have no safe intercourse otherwise4 ,further similarity between municipal and international law is to be seen4 ,the minister appointed to negotiate the treaty is an agent1 and his work is subject to the general law of agency4 ,thus1 if he acts within his instructions1 his principal 7the nation7 is bound by what he does1 and the treaty-making power is in honor bound to ratify the treaty4 ,from this it will properly be inferred that there is an implied understanding that the sovereign1 or other power intrusted with the making of treaties1 reserves the right to accept or reject the work of the agent4 7,see sample treaty1 page #cfj47 ,remedy4--,in municipal law1 remedy for a wrong is obtained through the courts1 if personal influence fails4 ,among nations there is no general court having jurisdiction4 ,if redress cannot be obtained by remonstrance1 arbitration1 or other peaceful means1 it may be sought through retaliation or finally in war4 ,,war ,,relations4 ,international law assumes that there must be wars and fightings among nations1 and endeavors to lay down rules by which they shall be brought within the limits of justice and humanity4 ,causes4--,a nation may wage war to defend any right which as a state it is bound to protect1 to redress wrong1 or to prevent injury2 for instance1 to defend its own sovereignty2 to protect a citizen in his rights2 to obtain satisfaction for insults to its flag1 its ambassadors1 or its good name2 for the violation of treaty rights2 to prevent injury1 as by checking the onward march of some conquering hero4 ,war for conquest is not now recognized as legitimate4 ,beginning4--,war between independent sovereignties1 is and ought to be1 an avowed1 open way of obtaining justice4 ,even among the ancients announcements were usually made before war was begun4 ,the ,greeks sent a herald to carry the news4 ,among the ,romans the ceremonies of making known the state of war were very punctilious4 ,but formal declarations of war are now falling into disuse2 not from any intention of taking the enemy unawares1 but because of the rapidity with which news is now disseminated4 ,still a state is in honor bound to indicate in some way its changed relation4 ,this is due to the enemy1 and just to its own citizens and to neutrals1 that they may know how to act4 ,the enemy is usually informed by the peremptory dismissal of its ambassador2 the citizens and neutrals by a manifesto of some kind4 7,see p4#ced47 ,between whom4--,war being an interruption of peaceful relations1 commerce between the citizens is at an end--is forbidden4 ,contracts between them then become either impossible in their nature or unlawful1 and therefore void4 ,the war is not between the individual citizens of the two countries1 it is between the governments and is waged by authorized agents--the soldiers and sailors enlisted for the purpose4 ,the smallest amount of injury consistent with self-defense and the sad necessity of war1 is to be inflicted4 ,passive citizens are not unnecessarily to be molested4 ,weapons4--,not all things are fair in war4 ,though ingenuity may properly tax itself to produce death-dealing instruments1 underhanded means1 such as poisoning springs or spreading a plague1 are condemned2 nor is it now regarded as consistent with right for a civilized nation to employ against another1 persons accustomed to an inhuman mode of warfare4 ,heralds and ,spies4--,heralds bearing flags of truce are inviolable--they must not be molested4 ,spies1 unless in their regimentals1 are subject to the death penalty if caught4 ,pirates and ,privateers4--,pirates1 acting under no authority1 having no purpose to serve except to enrich themselves at the expense of any one else1 are not protected by any nation1 and may be put to death by any one capturing them4 ,but privateers1 acting as an arm of the government and by its authority1 granted by its letters of marque and reprisal1 must be treated as prisoners of war4 ,prisoners of ,war4--,prisoners taken in war were formerly the property of their captors1 to be used for their pleasure or profit as slaves4 ,modern usage requires that they be merely detained2 that they be fed and sheltered with reasonable comfort1 and not treated with any unnecessary harshness4 ,a common practice1 worthy of encouragement1 is that of exchanging prisoners1 thus restoring them to their own side4 ,sometimes1 too1 prisoners are released on parole1 that is1 on their word of honor not to re-enter the army4 ,if a paroled prisoner breaks his word in this respect1 upon recapture he is liable to be put to death4 ,termination4--,peace comes by treaty4 ,there is usually a preliminary treaty1 containing the general statement of conditions to which both parties will consent4 ,when all the details have been arranged1 a definitive treaty is concluded4 ,treaties of peace go into effect as between the parties1 when they are signed2 as between individuals of the belligerent nations1 when they are notified4 ,,rights ,,and ,,obligations ,,of ,,neutrals4 ,when intercourse between the countries of the world was small1 owing to lack of facilities1 the rights of neutrals were regarded as unimportant4 ,but intercourse has increased so enormously1 that no great war can be waged without interfering with the interests of almost all the rest of the world1 and the rights of neutrals are assuming more importance in international law4 ,the great obligation resting upon neutrals is to allow nothing to the belligerents which either would object to as being adverse to his interests4 ,what ,neutrals may do4--,the common instincts of humanity may be complied with4 ,thus a ship of war in distress may run into a neutral port4 ,soldiers running into neutral territory may be disarmed and then protected as non-combatants4 ,things ,contraband4--,it is a breach of neutrality to lend money or furnish troops or munitions of war to a belligerent1 or to allow ships of war to be built by citizens of the neutral power within its borders1 if it knows 7or should know7 that they are to be armored and used in the service of one of the belligerents4 ,citizens of ,neutral ,states4--,members of a neutral state may lend money to a belligerent or may go into the army or navy of a belligerent without breach of the neutrality of their nation4 ,they may sell goods1 except materials of war1 to either belligerent1 ,blockade4--,a belligerent may1 as a war measure1 close the ports of the enemy4 ,this is called a blockade4 ,two things are necessary to make a blockade valid--due notice must be given1 and the blockade must be made effective by placing before the ports armed vessels to prevent the entrance of trading vessels4 ,if the conditions have been complied with1 neutrals trade with the port at the risk of losing all captured ships and cargoes4 ,,declaration ,,of ,,war--#ahab4 ,an act declaring war between the ,united ,kingdom of ,great ,britain and ,ireland1 and the dependencies thereof1 and the ,united ,states of ,america and their territories4,footnote3 ,drawn by ,william ,pinckney1 ,attorney ,general of the ,united ,states4 ,be it enacted by the ,senate and ,house of ,representatives of the ,united ,states of ,america in ,congress assembled1 ,that war be1 and the same is hereby declared to exist between the ,united ,kingdom of ,great ,britain and ,ireland1 and the dependencies thereof1 and the ,united ,states of ,america and their territories2 and that the ,president of the ,united ,states is hereby authorized to use the whole land and naval force of the ,united ,states to carry the same into effect1 and to issue to private armed vessels of the ,united ,states commissions1 or letters of marque and general reprisal1 in such form as he shall think proper1 and under the seal of the ,united ,states1 against the vessels1 goods1 and effects1 of the government of the ,united ,kingdom of ,great ,britain and ,ireland and the subjects thereof4 ,,appendix ,e4--,,documents4 ,,act ,,authorizing ,a ,,state ,,government4 ,passed ,february #bf1 #aheg4 ,,section #a4 ,be it enacted by the ,senate and ,house of ,representatives of the ,united ,states of ,america1 in ,congress assembled1 ,that the inhabitants of that portion of the ,territory of ,minnesota which is embraced within the following limits1 to-wit3 beginning at the point in the center of the main channel of the ,red ,river of the ,north1 where the boundary line between the ,united ,states and the ,british ,possessions crosses the same2 thence up the main channel of said river to that of the ,bois de ,sioux ,river2 thence up the main channel of said river to ,lake ,traverse2 thence up the centre of said lake to the southern extremity thereof2 thence in a direct line to the head of ,big ,stone ,lake2 thence through its centre to its outlet2 thence by a due south line to the north line of the ,state of ,iowa2 thence along the northern boundary of said state to the main channel of the ,mississippi ,river2 thence up the main channel of said river1 and following the boundary line of the ,state of ,wisconsin1 until the same intersects the ,st4 ,louis ,river2 thence down the said river to and through ,lake ,superior on the boundary line of ,wisconsin and ,michigan1 until it intersects the dividing line between the ,united ,states and the ,british ,possessions2 thence up ,pigeon ,river and following said dividing line to the place of beginning1 be1 and they hereby are authorized to form for themselves a constitution and state government by the name of the ,state of ,minnesota1 and to come into the ,union on an equal footing with the original states1 according to the federal constitution4 ,,sec4 #b4 ,and be it further enacted1 ,that the ,state of ,minnesota shall have concurrent jurisdiction on the ,mississippi and all other rivers and waters bordering on the said ,state of ,minnesota1 so far as the same shall form a common boundary to said state and any state or states now or hereafter to be formed or bounded by the same2 and said river or waters leading into the same shall be common highways1 and forever free1 as well to the inhabitants of said state as to all other citizens of the ,united ,states1 without any tax1 duty1 impost1 or toll therefor4 ,,sec4 #c4 ,and be it further enacted1 ,that on the first ,monday in ,june next1 the legal voters in each representative district then existing within the limits of the proposed state1 are hereby authorized to elect two delegates for each representative to which said district may be entitled according to the apportionment for representatives to the territorial legislature1 which election for delegates shall be held and conducted1 and the returns made1 in all respects in conformity with the laws of said territory regulating the election of representatives2 and the delegates so elected shall assemble at the capitol of said territory on the second ,monday in ,july next1 and first determine by a vote whether it is the wish of the people of the proposed state to be admitted into the ,union at that time2 and if so1 shall proceed to form a constitution1 and take all necessary steps for the establishment of a state government1 in conformity with the federal constitution1 subject to the approval and ratification of the people of the proposed state4 ,,sec #d4 ,and be it further enacted1 ,that in the event said convention shall decide in favor of the immediate admission of the proposed state into the ,union1 it shall be the duty of the ,united ,states marshal for said territory to proceed to take a census or enumeration of the inhabitants within the limits of the proposed state1 under such rules and regulations as shall be prescribed by the ,secretary of the ,interior1 with a view of ascertaining the number of representatives to which said state may be entitled in the ,congress of the ,united ,states4 ,and said state shall be entitled to one representative1 and such additional representatives as the population of the state shall1 according to the census1 show it would be entitled to according to the present ratio of representation4 ,,sec #e4 ,and be it further enacted1 ,that the following propositions be1 and the same are hereby offered to the said convention of the people of ,minnesota for their free acceptance or rejection1 which1 if accepted by the convention1 shall be obligatory on the ,united ,states1 and upon the said ,state of ,minnesota1 to-wit4 ,first--,that sections numbered sixteen and thirty-six in every township of public lands in said state1 and where either of said sections1 or any part thereof1 has been sold or otherwise disposed of1 other lands1 equivalent thereto1 and as contiguous as may be1 shall be granted to said state for the use of schools4 ,second--,that seventy-two sections of land shall be set apart and reserved for the use and support of a state university1 to be selected by the ,governor of said state1 subject to the approval of the ,commissioner of the ,general ,land ,office1 and to be appropriated and applied in such manner as the legislature of said state may prescribe1 for the purpose aforesaid1 but for no other purpose4 ,third--,ten entire sections of land to be selected by the ,governor of said state1 in legal sub-divisions1 shall be granted to said state for the purpose of completing the public buildings1 or for the erection of others at the seat of government1 under the direction of the legislature thereof4 ,fourth--,that all salt springs within said state1 not exceeding twelve in number1 with six sections of land adjoining or as contiguous as may be to each1 shall be granted to said state for its use1 and the same to be selected by the ,governor thereof within one year after the admission of said state1 and1 when so selected1 to be used or disposed of on such terms1 conditions and regulations as the legislature shall direct1 provided1 that no salt spring or land1 the right whereof is now vested in any individual or individuals1 or which may be hereafter confirmed or adjudged to any individual or individuals1 shall by this article be granted to said state4 ,fifth--,that five per centum of the net proceeds of sales of all public lands lying within said state1 which shall be sold by ,congress after the admission of said state into the ,union1 after deducting all the expenses incident to the same1 shall be paid to said state for the purpose of making public roads and internal improvements1 as the legislature shall direct1 provided1 the foregoing propositions herein offered1 are on the condition that the said convention which shall form the constitution of said state1 shall provide1 by a clause in said constitution1 or an ordinance1 unrevocable without the consent of the ,united ,states1 that said state shall never interfere with the primary disposal of the soil within the same by the ,united ,states1 or with any regulations ,congress may find necessary for securing the title in said soil to bona fide purchasers thereof2 and that no tax shall be imposed on lands belonging to the ,united ,states1 and that in no case shall non-resident proprietors be taxed higher than residents4 ,,act ,,admitting ,,minnesota ,,into ,,the ,,union4 ,passed ,may #aa1 #aheh4 ,whereas1 an act of ,congress was passed ,february twenty-sixth1 eighteen hundred and fifty-seven1 entitled ,an act to authorize the people of the ,territory of ,minnesota to form a constitution and state government preparatory to their admission into the ,union on an equal footing with the original states2 and whereas1 the people of said territory did1 on the twenty-ninth day of ,august1 eighteen hundred and fifty-seven1 by delegates elected for that purpose1 form for themselves a constitution and state government1 which is republican in form1 and was ratified and adopted by the people at an election held on the thirteenth day of ,october1 eighteen hundred and fifty-seven1 for that purpose2 therefore1 ,be it enacted by the ,senate and ,house of ,representatives of the ,united ,states of ,america in ,congress assembled1 ,that the ,state of ,minnesota shall be one1 and is hereby declared to be one of the ,united ,states of ,america1 and admitted into the ,union on an equal footing with the original states1 in all respects whatever4 ,,sec4 #b4 ,and be it further enacted1 ,that said state shall be entitled to two representatives in ,congress1 until the next apportionment of representatives amongst the several states4 ,,sec4 #c4 ,and be it further enacted1 ,that from and after the admission of the ,state of ,minnesota1 as hereinbefore provided1 all the laws of the ,united ,states1 which are not locally inapplicable1 shall have the same force and effect within that state as in other states of the ,union2 and the said state is hereby constituted a judicial district of the ,united ,states1 within which a district court with the like powers and jurisdiction as the district court of the ,united ,states for the district of ,iowa1 shall be established2 the judge1 attorney and marshal of the ,united ,states for the said district of ,minnesota1 shall reside within the same1 and shall be entitled to the same compensation as the judge1 attorney and marshal of the district of ,iowa2 and in all cases of appeal or writ of error heretofore prosecuted and now pending in the supreme court of the ,united ,states upon any record from the supreme court of ,minnesota ,territory1 the mandate of execution or order of further proceedings shall be directed by the supreme court of the ,united ,states to the district court of the ,united ,states for the district of ,minnesota1 or to the supreme court of the ,state of ,minnesota1 as the nature of such appeal or writ of error may require2 and each of those courts shall be the successor of the supreme court of ,minnesota ,territory1 as to all such cases1 with full power to hear and determine the same1 and to award mesne or final process therein4 ,,restoration ,,of ,,tennessee ,,to ,,the ,,union1 #ahff4 7,thirty-ninth ,congress1 ,first ,session47 ,joint resolution restoring ,tennessee to her relations to the ,union4 ,whereas1 in the year eighteen hundred and sixty-one1 the government of the state of ,tennessee was seized upon and taken possession of by persons in hostility to the ,united ,states1 and the inhabitants of the state in pursuance of an act of ,congress1 were declared to be in a state of insurrection against the ,united ,states2 and whereas1 said state government can only be restored to its former political relations in the ,union by consent of the law-making power of the ,united ,states2 and whereas1 the people of said state did on the twenty-second day of ,february1 eighteen hundred and sixty-five1 by a large popular vote1 adopt and ratify a constitution of government whereby slavery was abolished1 and all ordinances and laws of secession and debts contracted under the same were declared void2 and whereas a state government has been organized under said constitution which has ratified the amendment to the constitution of the ,united ,states abolishing slavery1 also the amendment proposed by the thirty-ninth ,congress1 and has done other acts proclaiming and denoting loyalty2 ,therefore1 ,be it resolved by the ,senate and ,house of ,representatives of the ,united ,states of ,america in ,congress assembled1 ,that the state of ,tennessee is hereby restored to her former proper1 practical relations to the ,union1 and is again entitled to be represented by senators and representatives in ,congress4 ,approved1 ,july #bd1ahff4 ,,the ,,mecklenburgh ,,resolutions--#agge4 ,i4 ,resolved1 ,that whosoever directly or indirectly abets1 or in any way1 form1 or manner countenances the unchartered and dangerous invasion of our rights1 as claimed by ,great ,britain1 is an enemy to this country1 to ,america1 and to the inherent and inalienable rights of man4 ,,ii4 ,resolved1 ,that we do hereby declare ourselves a free and independent people2 are1 and of right ought to be a sovereign and self-governing association1 under the control of no power1 other than that of our ,god and the general government of the congress3 ,to the maintainance of which independence we solemnly pledge to each other our mutual co-operation1 our lives1 our fortunes1 and our most sacred honor4 ,,iii4 ,resolved1 ,that as we acknowledge the existence and control of no law or legal officer1 civil or military1 within this county1 we do hereby ordain and adopt as a rule of life1 all1 each1 and every one of our former laws1 wherein1 nevertheless1 the crown of ,great ,britain never can be considered as holding rights1 privileges1 or authorities therein4 ,,iv4 ,resolved1 ,that all1 each1 and every military officer in this county is hereby reinstated in his former command and authority1 he acting conformably to their regulations1 and that every member present of this delegation1 shall henceforth be a civil officer1 viz42 a justice of the peace1 in the character of a committee man1 to issue process1 hear and determine all matters of controversy1 according to said adopted laws1 and to preserve peace1 union1 and harmony in said county1 to use every exertion to spread the love of country and fire of freedom throughout ,america1 until a more general and organized government be established in this province4 ,,abraham ,,alexander1 ,chairman4 ,,john ,,mcknitt ,,alexander1 ,secretary4 ,,note4--,this declaration of independence 7with a supplementary set of resolutions establishing a form of government7 was adopted by a convention of delegates from different sections of ,mecklenburgh county1 which assembled at ,charlotte1 ,may #bj1 #agge4 ,,agreement ,,between ,,the ,,settlers ,,at ,,new ,,plymouth4 ,in the name of ,god1 amen4 ,we1 whose names are underwritten1 the loyal subjects of our dread ,sovereign ,lord ,king ,james1 by the grace of ,god1 of ,great ,britain1 ,france1 and ,ireland1 ,king1 ,defender of the ,faith1 c4 ,having undertaken for the glory of ,god1 and advancement of the ,christian faith1 and the honour of our king and country1 a voyage to plant the first colony in the northern parts of ,virginia2 ,do by these presents1 solemnly and mutually1 in the presence of ,god and one another1 covenant and combine ourselves together into a civil body politick1 for our better ordering and preservation1 and furtherance of the ends aforesaid4 ,and by virtue hereof do enact1 constitute and frame1 such just and equal laws1 ordinances1 acts1 constitutions1 and officers1 from time to time1 as shall be thought most meet and convenient for the general good of the colony1 unto which we promise all due submission and obedience4 ,in witness whereof we have hereunto subscribed our names at ,cape ,cod the eleventh of ,november1 in the reign of our ,sovereign ,lord ,king ,james1 of ,england1 ,france1 and ,ireland1 the eighteenth1 and of ,scotland1 the fifty-fourth1 anno domini1 #afbj4 ,john ,carver1 ,samuel ,fuller1 ,edward ,tilly1 ,william ,bradford1 ,christopher ,martin1 ,john ,tilly1 ,edward ,winslow1 ,william ,mullins1 ,francis ,cooke1 ,william ,brewster1 ,william ,white1 ,thomas ,rogers1 ,isaac ,allerton1 ,richard ,warren1 ,thomas ,tinker1 ,miles ,standish1 ,john ,howland1 ,john ,ridgdale1 ,john ,alden1 ,steven ,hopkins1 ,edward ,fuller1 ,john ,turner1 ,digery ,priest1 ,richard ,clark1 ,francis ,eaton1 ,thomas ,williams1 ,richard ,gardiner1 ,james ,chilton1 ,gilbert ,winslow1 ,john ,allerton1 ,john ,craxton1 ,edmund ,margesson1 ,thomas ,english1 ,john ,billington1 ,peter ,brown1 ,edward ,doten1 ,joses ,fletcher1 ,richard ,bitteridge1 ,edward ,liester1 ,john ,goodman1 ,george ,soule4 ,,note4--,the ,pilgrims who landed at ,plymouth had procured before leaving ,europe a grant of land from the ,london or ,south ,virginia ,company1 but had subsequently decided to establish a colony in ,new ,england4 ,before leaving the ship which had brought them across the ,atlantic they drew up this compact4 ,they obtained several successive letters patent from the ,plymouth ,company1 but none of them were confirmed by the crown1 and in #afia the ,plymouth colony was annexed to ,massachusetts ,bay4 ,,texas ,,declaration ,,of ,,independence--#ahcf4 ,whereas1 ,general ,antonio ,lopez de ,santa ,anna and other military chieftains have1 by force of arms1 overthrown the federal institutions of ,mexico1 and dissolved the social compact which existed between ,texas and the other members of the ,mexican ,confederacy1--,now1 the good people of ,texas1 availing themselves of their natural rights1 solemnly declare3 #ast4 ,that they have taken up arms in defense of their rights and liberties1 which were threatened by the encroachments of military despots1 and in defense of the republican principles of the federal constitution of ,mexico of eighteen hundred and twenty-four4 #bnd4 ,that ,texas is no longer1 morally or civilly1 bound by the compact of union2 yet1 stimulated by the generosity and sympathy common to a free people1 they offer their support and assistance to such of the members of the ,mexican ,confederacy as will take up arms against military despotism4 #c;d4 ,that they do not acknowledge that the present authorities of the nominal ,mexican ,republic have the right to govern within the limits of ,texas4 #eth4 ,that they hold it to be their right1 during the disorganization of the federal system and the reign of despotism1 to withdraw from the union1 to establish an independent government1 or to adopt such measures as they may deem best calculated to protect their rights and liberties1 but that they will continue faithful to the ,mexican government so long as that nation is governed by the constitution and laws that were formed for the government of the political association4 #fth4 ,that ,texas is responsible for the expenses of her armies now in the field4 #gth4 ,that the public faith of ,texas is pledged for the payment of any debts contracted by her agents4 #hth4 ,that she will reward by donations in land1 all who volunteer their services in her present struggle1 and receive them as citizens4 ,these declarations we solemnly avow to the world1 and call ,god to witness their truth and sincerity2 and invoke defeat and disgrace upon our heads1 should1 we prove guilty of duplicity4 ,,richard ,,ellis1 ,president4 ,a4,h4,s4 ,,kimble1 ,secretary4 ,,treaty ,,with ,,great ,,britain--#ahdf4 ,the ,united ,states of ,america and ,her ,majesty the ,queen of the ,united ,kingdom of ,great ,britain and ,ireland1 deeming it to be desirable for the future welfare of both countries that the state of doubt and uncertainty which has hitherto prevailed respecting the sovereignty and government of the territory on the northwest coast of ,america1 lying westward of the ,rocky or ,stony ,mountains1 should be finally terminated by an amicable compromise of the rights mutually asserted by the two parties over the said territory1 have respectively named plenipotentaries to treat and agree concerning the terms of such settlement1 that is to say3 ,the ,president of the ,united ,states of ,america has1 on his part1 furnished with full powers ,james ,buchanan1 ,secretary of ,state of the ,united ,states1 and ,her ,majesty the ,queen of the ,united ,kingdom of ,great ,britain and ,ireland1 has1 on her part1 appointed the ,right ,honorable ,richard ,parkenham1 a member of ,her ,majesty's ,most ,honorable ,privy ,council1 and ,her ,majesty's ,envoy ,extraordinary and ,minister ,plenipotentiary to the ,united ,states2 ,who after having communicated to each other their respective full powers1 found in good and due form1 have agreed upon and concluded the following articles3 ,,article ,i4 ,from the point on the forty-ninth parallel of north latitude1 where the boundary laid down in existing treaties and conventions between the ,united ,states and ,great ,britain terminates1 the line of boundary between the territories of the ,united ,states and those of ,her ,brittanic ,majesty shall be continued westward along the said forty-ninth parallel of north latitude to the middle of the channel which separates the continent from ,vancouver's ,island1 and thence southerly through the middle of the said channel1 and of ,fuca's ,straits1 to the ,pacific ,ocean3 ,provided1 however1 ,that the navigation of the whole of the said channel and straits1 south of the forty-ninth parallel of north latitude1 remain free and open to both parties4 ,,article ,,ii4 ,from the point at which the forty-ninth parallel of north latitude shall be found to intersect the great northern branch of the ,columbia ,river1 the navigation of the said branch shall be free and open to the ,hudson's ,bay ,company1 and to all ,british subjects trading with the same1 to the point where the said branch meets the main stream of the ,columbia1 and thence down the said main stream to the ocean1 with free access into and through the said river or rivers1 it being understood that all the usual portages along the line thus described shall1 in like manner1 be free and open4 ,in navigating the said river or rivers1 ,british subjects1 with their goods and produce1 shall be treated on the same footing as citizens of the ,united ,states2 it being1 however1 always understood that nothing in this article shall be construed as preventing1 or intended to prevent1 the ,government of the ,united ,states from making any regulations respecting the navigation of the said river or rivers not inconsistent with the present treaty4 ,,article ,,iii4 ,in the future appropriation of the territory south of the forty-ninth parallel of north latitude1 as provided in the first article of this treaty1 the possessory rights of the ,hudson's ,bay ,company1 and of all ,british subjects who may be already in the occupation of land or other property lawfully acquired within the said territory1 shall be respected4 ,,article ,,iv4 ,the farms1 lands1 and other property of every description belonging to the ,puget's ,sound ,agricultural ,company1 on the north side of the ,columbia ,river1 shall be confirmed to the said company4 ,in case1 however1 the situation of those farms and lands should be considered by the ,united ,states to be of public and political importance1 and the ,united ,states ,government should signify a desire to obtain possession of the whole1 or of any part thereof1 the property so required shall be transferred to the said ,government1 at a proper valuation1 to be agreed upon between the parties4 ,,article ,v4 ,the present treaty shall be ratified by the ,president of the ,united ,states1 by and with the advice and consent of the ,senate thereof1 and by ,her ,brittanic ,majesty2 and the ratifications shall be exchanged at ,london1 at the expiration of six months from the date hereof1 or sooner if possible4 ,in witness whereof the respective plenipotentiaries have signed the same1 and have affixed thereto the seals of their arms4 ,done at ,washington the fifteenth day of ,june1 in the year of our ,lord one thousand eight hundred and forty-six4 ,,james ,,buchanan4 ,l4,s4 ,,richard ,,parkenham4 ,l4,s4 ,,note4--,this treaty was concluded at ,washington1 ,june #ae1 #ahdf1 ratifications were exchanged ,july #ag1 #ahdf1 and it was proclaimed ,aug4 #e1ahdf4 ,,emancipation ,,proclamation4 ,whereas on the twenty-second day of ,september1 in the year of our ,lord one thousand eight hundred and sixty two1 a proclamation was issued by the ,president of the ,united ,states1 containing1 among other things1 the following1 to-wit3 ,that on the first day of ,january1 in the year of our ,lord one thousand eight hundred and sixty-three1 all persons held as slaves within any ,state1 or designated part of a ,state1 the people whereof shall then be in rebellion against the ,united ,states1 shall be then1 thenceforward1 and forever free2 and the ,executive ,government of the ,united ,states1 including the military and naval authority thereof1 will recognize and maintain the freedom of such persons1 and will do no act or acts to repress such persons1 or any of them1 in any efforts they may make for their actual freedom4 ,that the ,executive will1 on the first day of ,january aforesaid1 by proclamation1 designate the ,states and parts of ,states1 if any1 in which the people thereof1 respectively1 shall then be in rebellion against the ,united ,states2 and the fact that any ,state1 or the people thereof1 shall on that day be in good faith represented in the ,congress of the ,united ,states1 by members chosen thereto at elections wherein a majority of the qualified voters of such state shall have participated1 shall1 in the absence of strong countervailing testimony1 be deemed conclusive evidence that such ,state1 and the people thereof1 are not then in rebellion against the ,united ,states4 ,now1 therefore1 ,i1 ,abraham ,lincoln1 ,president of the ,united ,states1 by virtue of the power in me vested as ,commander-in-,chief of the ,army and ,navy of the ,united ,states in time of actual armed rebellion against the authority and ,government of the ,united ,states1 and as a fit and necessary war measure for suppressing said rebellion1 do1 on this first day of ,january1 in the year of our ,lord one thousand eight hundred and sixty-three1 and in accordance with my purpose so to do1 publicly proclaimed for the full period of one hundred days1 from the day first above mentioned1 order and designate as the ,states and parts of ,states wherein1 the people thereof respectively are this day in rebellion against the ,united ,states1 the following1 to-wit3 ,arkansas1 ,texas1 ,louisiana 7except the parishes of ,st4 ,bernard1 ,plaqueminos1 ,jefferson1 ,st4 ,john1 ,st4 ,charles1 ,st4 ,james1 ,ascension1 ,assumption1 ,terre ,bonne1 ,lafourche1 ,ste4 ,marie1 ,st4 ,martin1 and ,orleans1 including the city of ,new ,orleans71 ,mississippi1 ,alabama1 ,florida1 ,georgia1 ,south ,carolina1 ,north ,carolina1 and ,virginia1 7except the forty-eight counties designated as ,west ,virginia1 and also the counties of ,berkeley1 ,accomac1 ,northampton1 ,elizabeth ,city1 ,york1 ,princess ,ann1 and ,norfolk1 including the cities of ,norfolk and ,portsmouth71 and which excepted parts are for the present left precisely as if this proclamation were not issued4 ,and by virtue of the power and for the purpose aforesaid1 ,i do order and declare that all persons held as slaves within said designated ,states and parts of ,states are and henceforward shall be free2 and that the ,executive ,government of the ,united ,states1 including the military and naval authorities thereof1 will recognize and maintain the freedom of said persons4 ,and ,i hereby enjoin upon the people so declared to be free to abstain from all violence1 unless in necessary self-defense2 and ,i recommend to them that1 in all cases when allowed1 they labor faithfully for reasonable wages4 ,and ,i further declare and make known that such persons1 of suitable condition1 will be received into the armed service of the ,united ,states to garrison forts1 positions1 stations1 and other places1 and to man vessels of all sorts in said service4 ,and upon this act1 sincerely believed to be an act of justice1 warranted by the ,constitution upon military necessity1 ,i invoke the considerate judgment of mankind1 and the gracious favor of ,almighty ,god4 ,in testimony whereof ,i have hereunto set my name and caused the seal of the ,united ,states to be affixed4 ,done at the city of ,washington this first day of ,january1 in the year of our ,lord one thousand eight hundred and sixty-three1 and of the independence of the ,united ,states the eighty-seventh4 ,sidenote3 ,l4,s4 ,,abraham ,,lincoln4 ,by the ,president3 ,,william ,h4 ,,seward1 ,secretary of ,state4