,,our ,,government ,,local1 ,,state1 ,,and ,,national ,,by ,j4,a4 ,james1 ,ph4,d4 ,professor of ,history in ,northwestern ,university ,,and ,a4,h4 ,sanford1 ,m4,a4 ,professor of ,history1 ,state ,normal ,school1 ,la ,crosse1 ,wisconsin #aijc1 #aiac ,charles ,scribner's ,sons ,,preface ,the subject matter herewith presented partially represents the plan pursued by the authors as teachers of civil government for a number of years in high school1 academy1 and normal school4 ,it has been found that a study of the methods by which the affairs of government are conducted gives constant interest to the work1 and1 consequently1 the practical side of government has been emphasized4 ,but while our desire has been to bring the actual working of the institutions under which the student lives into prominence1 we have also attempted to give such accounts of the origin and early development of forms of government as will assist in explaining their process of growth4 ,the plan of discussion is similar to that followed in ,government in ,state and ,nation4 ,the general favor with which that text has been received leads to the belief that it fully meets the requirement of the ,committee of ,five for such schools as present civil government in the third or fourth year of the course4 ,in many cases1 however1 the subject is taught earlier in the course1 and the present work has been prepared in answer to the requests of teachers for a text suitable to this class of students4 ,the arrangement is such that either ,local 7,part ,i71 ,national 7,part ,,ii71 or ,state ,government 7,part ,,iii7 may be studied first4 ,in the work on local and ,state government it is not expected that the student will learn all of the different practices found in the various ,states1 but that he will compare them with those of his own ,state4 ,while some of the discussions and many of the suggestive questions are intended to make students realize more completely their duties as citizens1 many more having a local bearing will occur to teachers4 ,it is scarcely to be hoped that all of the books and magazines mentioned will be found in any high school library1 but the need for supplementary reading is being met through the rapid increase of public libraries4 ,a working-library on the subject of civics may be accumulated in a short time if only a few of the books given in ,appendix ,d are procured each year4 ,no attempt has been made to give references to all of the material which has appeared within the past few years4 ,the ability of the reader and the time to be devoted to the subject have been kept constantly in mind4 ,there may be more supplementary questions and references than can be used by any one class4 ,should it happen1 on the other hand1 that more work of this character is desired1 the need may be met by reference to similar questions in ,government in ,state and ,nation4 ,in preparing this new edition1 we take the opportunity of acknowledging the assistance given by many teachers of civics1 strangers to us1 who are using ,government in ,state and ,nation1 and others who are using ,our ,government1 for their helpful suggestions4 ,,evanston1 ,,illinois1 ,july #a1 #aiac4 ,,contents ,,part ,i4 ,i4 ,,the ,,work ,,of ,,local ,,government ,,ii4 ,,county ,,government ,,iii4 ,,the ,,origin ,,of ,,local ,,governments4 ,,iv4 ,,the ,,government ,,of ,,cities ,,part ,,ii4 ,v4 ,,events ,,leading ,,to ,,the ,,formation ,,of ,,the ,,union ,,vi4 ,,the ,,constitutional ,,convention ,,vii4 ,,organization ,,of ,,the ,,legislative ,,department ,,viii4 ,,powers ,,and ,,duties ,,of ,,the ,,separate ,,houses ,,ix4 ,,how ,,laws ,,are ,,made ,,by ,,congress ,x4 ,,some ,,important ,,powers ,,of ,,congress ,,xi4 ,,other ,,general ,,powers ,,of ,,congress ,,xii4 ,,powers ,,denied ,,the ,,united ,,states ,,and ,,the ,,several ,,states ,,xiii4 ,,the ,,executive ,,department ,,xiv4 ,,powers ,,and ,,duties ,,of ,,the ,,president ,,xv4 ,,the ,,cabinet ,,xvi4 ,,the ,,national ,,judiciary ,,xvii4 ,,territories ,,and ,,public ,,lands ,,xviii4 ,,amendments ,,to ,,the ,,constitution ,,xix4 ,,the ,,governments ,,of ,,the ,,world ,,appendix4 ,a4 ,,constitution ,,of ,,the ,,united ,,states ,b4 ,,the ,,articles ,,of ,,confederation ,c4 ,,reference ,,books ,,index ,,part ,i4 ,,local ,,governments4 ,,chapter ,i4 ,,the ,,work ,,of ,,local ,,government4 ,the ,preservation of ,order4--,the first and most important work of any government is the preservation of order4 ,we think of this function most frequently as exercised in the arrest of offenders who violate the law4 ,in fact1 most young persons receive their earliest ideas of government by seeing the policeman1 or constable1 who stands for the authority of the government4 ,but he is not the only officer who is concerned in preserving order4 ,the police officer who makes an arrest cannot punish his prisoner1 but must merely hold him until it is decided that he deserves punishment4 ,this is the work of a court1 with its justice1 or judge1 and the jury4 ,if the prisoner is declared guilty1 then the police officer executes the orders of the court by collecting a fine or by imprisoning him4 ,we have here illustrated two divisions of governmental authority3 7#a7 the judicial1 which decides whether the law applies in particular cases2 and 7#b7 the executive1 which carries out the requirements of the law and the orders of the court4 ,law-,making4--,the executive and the judicial officers are both subject to higher authority3 the one applies and the other executes the law4 ,the framing of the law is the third function of government4 ,this work is called legislation1 and is carried on by such bodies as the town board1 the village board1 and the city council4 ,but these law-making bodies do not have independent authority2 they are bound more or less strictly by the opinions of those who elected them to office2 i4e41 the body of voters4 ,the ,three ,divisions of ,government4--,we say1 then1 that in our country government is based finally upon the will of the people4 ,for the expression of their will they choose numerous officers1 who may be grouped under three heads1 corresponding to the general divisions of government3 legislative1 executive1 and judicial4 ,just as it would be impossible for all the voters to take part in applying or interpreting the law1 so it is in most cases impossible for them to assemble in a body and make the laws4 ,they generally delegate this work to legislators2 but in some ,states the voters of a town 7or township7 assemble yearly in town meeting1 where all may take part in discussion and in voting4 ,roads and ,streets4--,the preservation of order is but one of the functions of government4 ,in towns where the population is scattered1 roads must be built1 and it is still more necessary that in villages and cities1 where many people live within a small area1 streets should be graded and paved and sidewalks maintained4 ,this is an illustration of the way in which1 through the machinery of government1 people provide themselves with many conveniences that it would be impossible for each citizen to provide for himself4 ,the legislative bodies already mentioned determine the extent to which these things shall be done3 the town board orders the laying out of a new road2 the village board or the city council passes ordinances saying what streets shall be paved and what materials shall be used in the work4 ,executive ,officers1 ,general and ,special4--,the actual execution of the work involved in public improvements is generally in charge of a special officer1 such as the road or street commissioner4 ,but since there are many other matters of public concern that require attention1 each under the control of an executive officer1 it is necessary that a general officer should be in authority over all of these as the chief executive of the local government4 ,this officer is known by various titles1 as1 in the town1 the chairman1 in the village1 the president1 and in the city1 the mayor4 ,in any case1 he has all or most of the important executive work of government under his control4 ,it is his duty to see that the laws are obeyed1 so the police officers are subject to his orders4 ,the chief executive is guardian of the people's interests2 for he must see that the minor officers do not injure the public welfare by neglect of duty1 and he must defend the public from all persons who would encroach upon its rights4 ,let us now consider some of the other ordinary functions of local government4 ,the ,poor4--,poor relief may be mentioned first4 ,how much aid shall be granted to paupers1 and how shall it be distributed1 are questions that everywhere require attention4 ,public ,health4--,public health is also an important subject upon which local laws must been enacted4 ,in cities1 particularly1 the council passes strict regulations for preventing diseases and for checking the spread of such as are contagious4 ,city ordinances are also enacted regulating the construction of sewers and drains4 ,the health commissioner and the city physicians are the particular officers who direct the execution of laws upon these subjects4 ,education4--,public education is among the most important of the local government's functions4 ,the free schools which exist everywhere in our country are supported and controlled chiefly by the towns1 villages1 and cities4 ,in many ,states1 however1 there are other divisions1 called school districts1 which have boards and officers for this purpose4 ,other ,necessary ,functions4--,protection from fire is so important in communities where population is dense that special officers and apparatus must be provided4 ,so1 too1 streets must be lighted1 and a pure water-supply provided4 ,parks1 ,museums1 and ,libraries4--,besides the functions of government that are readily seen to be necessary1 there are others which may not at first appear to be so4 ,we have cities providing parks1 with beautiful lawns and flower-gardens2 museums1 where articles of historical and scientific interest are kept2 aquariums and zoological gardens2 libraries1 with books1 magazines1 and papers for the free use of all citizens4 ,if one looks closely1 he will see a reason in each case why the government undertakes these various enterprises4 ,why ,taxes ,are ,levied4--,we have now to consider a power of government1 without which none of the others so far named could be exercised4 ,this is the taxing power4 ,in every case money must be used by local governments in exercising their functions4 ,officers1 who are agents of the people1 depend largely upon taxes for their salaries4 ,taxes are levied by the legislative bodies that we have found in towns1 villages1 and cities4 ,other officers1 assessors and treasurers1 determine the amount to be paid by each citizen and collect the taxes4 ,the treasurer also has charge of public money1 and pays it out when ordered to do so by the proper authorities4 ,all of the operations of government are matters of record4 ,while each officer is expected to keep strict account of the operations of his own department1 the general records of towns1 villages1 and cities are kept by the clerks4 ,this general view of local governments may now be summarized in two forms3-- ,i4 ,,the ,,functions ,,of ,,local ,,government4 #a4 ,protection3-- ,the preservation of order4 ,protection against fire4 ,protection of public health4 #b4 ,providing ,necessities and ,conveniences3-- ,roads--,streets--,sidewalks4 ,water--,lights--,sewers4 ,poor relief--,education4 ,parks--,libraries--,museums4 ,,ii4 ,,officers ,,of ,,local ,,government4#a ,,town4 ,,village4 ,,city4 ,board ,board ,council ,chairman ,president ,mayor ,clerk ,clerk ,clerk ,treasurer ,treasurer ,treasurer ,assessors ,assessors ,assessors ,constables ,constables ,police ,road ,commissioner ,street ,commissioner ,street ,commissioner ,justices ,justices ,justices ,footnote #a3 ,the list here given is not complete1 and the official titles are not the same in all ,states4 ,,supplementary ,,questions4 ,make a study of your local 7town1 village1 or city7 government4 #a4 ,group the officers as legislative1 executive1 and judicial1 respectively4 #b4 ,how many different methods are used in paying these officers8 #c4 ,do all the voters ever assemble to make laws8 ,if not1 how is the will of the majority expressed8 #d4 ,what are some of the local regulations regarding the poor8#b public health8 protection from fire8 ,footnote #b3 ,for a general account under this topic1 see ,james and ,sanford1 ,government in ,state and ,nation1 ,chapter ,,viii4 ,health regulations are discussed in the same work1 pp4 #gj-gb4 #e4 ,who pays for the education that young people receive in the public schools8 #f4 ,how much has your local government done toward furnishing things that are not merely conveniences8 ,how do you justify expenditures for these purposes8 #g4 ,does the management of local government excite as much interest among the citizens as it should8 #h4 ,in what ways are students directly interested in having efficient local governments8 ,,chapter ,,ii4 ,,county ,,government4 ,why ,there ,are ,counties4--,if the local organizations discussed in ,chapter ,i could attend to all the interests that citizens have in common1 then government would be a much simpler matter than it is4 ,but just as almost every citizen has business and social relations outside of the neighborhood in which he lives1 so different communities must have political relations with each other if they are to live in harmony4 7,for this and other reasons1 which we shall learn presently1 county governments are established4 ,their organization and functions correspond quite closely to those of the towns1 villages1 and smaller cities47 ,important ,county ,officers4--,the local governments cannot undertake alone the preservation of order or the protection of citizens against criminals4 ,we have1 consequently1 an important officer1 the sheriff1 who with his deputies has power to make arrests4 ,there is also the judicial side of county governments1 seen in the court1 with its judge4 ,in this court another county officer1 called the district or ,state's attorney1 prosecutes persons who are accused of crime2 i4e41 he finds evidence of the prisoner's guilt and causes this evidence to be given by witnesses at the trial4 ,functions of ,county ,government4--,public highways are also matters of more than local interest4 ,when an expensive bridge is to be built1 or an important road in which several communities are interested is to be constructed1 the county government can best raise the money and manage the work4 ,so1 too1 in caring for the poor1 the county may aid the local governments1 or it may take entire charge of the paupers1 and maintain a poorhouse4 ,the ,county ,board4--,it is evident that there must be a legislative body which shall determine the policy of the county in these matters4 ,this is the county board1 or as it is called in some ,states1 the county court4 ,in most ,states this body is composed of commissioners4 ,these are elected by either of two methods3 7#a7 at large1 when every voter may vote for the entire number of commissioners2 7#b7 they may be elected from districts into which the county has been divided4 ,in some ,states the members of the county board are called supervisors1 and they represent the towns1 villages1 and wards of cities4 ,under this system the county board is generally larger than under the commissioner system4 ,there is another difference between the two systems3 in the ,states that have county commissioners1 the county government has a larger number of functions than in the other ,states4 ,that is1 the county government has almost entire control of such matters as roads and poor relief1 leaving the local governments with little authority in these directions4 ,on the other hand1 where the supervisor system exists1 the towns and villages have chief authority in legislating upon these matters1 and the county assists or takes only such part as it finds necessary for the general good4 ,power of the ,board4--,the county board holds annual meetings and makes laws for the county as a whole4 ,it has charge of the county property1 including the court-house1 jail1 and poorhouse4 ,since it must provide for the expense of maintaining these buildings1 for the salaries of county officers1 and for other expenses connected with roads1 poor1 and other county business1 the board must also have the power of levying taxes4 ,superintendent of ,schools4--,education is another function of government which is not managed solely by the local units4 ,there is a county officer1 called the superintendent of schools1 who has supervisory powers1 and he usually examines teachers and certifies to their qualifications4 ,register of ,deeds4--,the register of deeds1 or recorder1 is a county officer who keeps records of certain kinds4 ,among other things1 copies of deeds are registered or kept in his office4 ,a person wishing to buy real estate 7i4e41 houses or lands7 may1 by consulting the records in this office1 learn whether the owner has a clear title to the property4 ,coroner4--,the coroner has the duty of holding inquests when persons meet death by violence or in some unexplained way4 ,he may also perform the duties of the sheriff when the latter cannot perform them4 ,surveyor4--,the county surveyor makes surveys at the request of public authorities1 as well as for individuals4 ,he keeps the official records of the boundaries of farms and lots4 ,clerk and ,treasurer4--,of course the county must have its clerk and treasurer1 the officers whose duties are to keep the records and to handle county moneys4 ,we may now pass in review the principal features of county government3-- ,i4 ,,legislative4 #a4 ,county ,boards3-- ,commissioner type ,supervisor type #b4 ,functions3-- ,county buildings ,poor--,education ,roads and bridges ,taxation ,,ii4 ,,executive ,,and ,,administrative ,,officers4 ,sheriff and ,deputies ,clerk ,treasurer ,register of ,deeds1 or ,recorder ,attorney ,superintendent of ,schools ,coroner ,surveyor 7,in some ,states1 ,assessors and ,collectors of ,taxes1 and ,auditors47 ,,iii4 ,,judiciary4 ,county ,court ,district ,court ,relations of ,local ,officers to ,state ,law4--,there are other reasons than those already given why ,states are divided into counties4 ,one is because1 in the performance of their duties1 the county officers act as agents for the ,state2 that is1 they carry out the ,state law in their own localities4 ,for instance1 criminals are brought to trial and punished under ,state law1 but it is administered by local or county officials4 ,so the surveyor1 superintendent of schools1 register of deeds1 and other officers act under ,state laws4 ,while it seems best to have one general law for the ,state upon important subjects1 it is also the policy of our government to intrust the execution of the law1 in most cases1 to local rather than to ,state officials4 ,these officers1 being elected by the people of the various localities1 feel their responsibility more keenly than if they obtained office by appointment from ,state authorities4 ,what has been said concerning the relation of the county to the ,state government is true to a considerable extent concerning the town1 village1 and city governments4 ,here1 too1 elections are held1 taxes are collected1 and trials are conducted by local officers in accordance with ,state law4 ,indeed1 it is true that these local divisions owe their existence to ,state law4 ,towns are laid out1 villages and cities are incorporated1 in accordance with the provisions of laws enacted by ,state legislatures4 ,the ,state is the source of all the authority exercised by the officers and governing bodies of these local governments4 ,,supplementary ,,questions4 ,make a study of your county government4 #a4 ,outline the officers in groups1 as on p4 #f4 #b4 ,learn the important duties of each officer4 #c4 ,are officers paid by fees or by salaries8 ,which is the better method8 #d4 ,what is the length of the term for which each county officer holds his position8 #e4 ,how many members constitute the county board8 ,are they commissioners or supervisors8 ,when do the meetings of the board occur8 #f4 ,obtain a copy of the county board's report and ascertain what important business has been transacted4 #g4 ,what buildings has the county at the county seat8 ,does it own property elsewhere8 #h4 ,what process is followed in laying out a new town8 in the incorporation of a village8 99 99 99 99 99 ,,references4 #a4 ,the functions of government4 ,hoxie1 ,how the ,people ,rule1 #aa-af4 ,reinsch1 ,young ,citizen's ,reader1 #ca-df4 ,dole1 ,young ,citizen1 #gc-ib4 #b4 ,towns and villages4 ,reinsch1 #ade-aeb4 ,hoxie1 #db-fc4 ,hill1 ,lessons for ,junior ,citizens1 #adb-afh4 #c4 ,county government4 ,reinsch1 #afc-aff4 ,hoxie1 #ij-ajc4 ,,chapter ,,iii ,,the ,,origin ,,of ,,local ,,governments4 ,the ,source of ,our ,local ,governments4--,if we look further into the systems of local government which have been described1 we shall find facts in the history of their origins which explain many of their details4 ,we shall now see how local government grew in the colonies1 for here we have the beginnings of the systems that are in operation to-day4 ,everywhere in the colonies the ,english settlers brought to their new homes the ancient customs of the mother-country4 ,differences in physical geography1 and in the character and motives of the colonists1 caused differences in the resulting local governments4 ,this fact is best illustrated by an account of what took place in ,new ,england and in ,virginia4 ,the ,method of ,settlement in ,new ,england4--,these colonies were settled by emigrants who came1 in the main1 from the same classes of ,englishmen4 ,the ,new ,englanders1 however1 were ,puritans4 ,the church and its services were a very important part of their daily lives4 ,the requirement of church attendance was one reason for grouping their homes near the meeting-house4 ,moreover1 the region in which they settled had a stony soil1 difficult to cultivate4 ,their farms required careful cultivation1 and therefore could not be very large4 ,the ,new ,englander was content to live near the coast4 ,means of traveling to the interior were not easy1 for the rivers1 with few exceptions1 were short and rapid4 ,the sea fisheries tempted the settlers to remain near the coast1 and fishing1 with ship-building and commerce1 became their important industries4 ,town ,meetings and ,officers4--,for these reasons ,new ,england was a region of small farms and towns1 and the local government which grew up was adapted to these conditions4 ,the voters of each town 7or township7 met annually1 or oftener1 in town meeting4 ,here their common local affairs were discussed and regulated4 ,the church1 the schools1 roads1 the poor1 and many other matters were under the complete control of this meeting1 and of the officers elected by the assembled voters4 ,these officers were the selectmen1--which was a board having general supervision of the town affairs1--the clerk1 treasurer1 assessors1 fence viewers1 constables1 and numerous others4 ,the ,county in ,new ,england4--,because the people lived in towns and could most easily regulate their affairs through the machinery of town government1 they had no counties whatever at first2 but these were soon established1 though merely for judicial purposes4 ,the governor appointed justices who held court in each county4 ,the leading features of ,new ,england local government1 then1 were 7#a7 its democratic character1 seen particularly in the town meeting2 and 7#b7 the fact that nearly all local affairs were managed by the town government1 leaving but one important function1 and that judicial in its nature1 for the county4 ,the ,settlement of ,virginia4--,in the colony of ,virginia we find conditions that bring about entirely different results in the organization and workings of local government4 ,here the settlers were not bound by religious or other ties into compact social bodies as the ,puritans were4 ,natural conditions in ,virginia made it better for the settlers to live apart1 so that nearly all their attempts to form cities and towns failed4 ,the cultivation of tobacco1 of course1 explains this to a large extent4 ,the fertile soil and the ease of raising this product led to the formation of large plantations4 ,the broad rivers made progress into the interior remarkably easy2 and there seemed little necessity for towns as shipping ports1 because ocean vessels could stop at the private wharves of the various plantations4 ,the rich planters were most prominent in the social and political life of the colony1 and local government fell under their control4 ,the ,importance of the ,county4--,now1 of the various local organizations to which the ,virginians had been accustomed in ,england1 the one best suited to their condition in the colony was the county4 ,so they copied the ,english county and made it their chief organ of local government4 ,the principal governing body was the county court1 composed of justices appointed at first by the governor of the colony4 ,the court had both legislative and judicial functions4 ,it managed such matters as roads1 licenses1 and taxation2 it also tried civil and criminal cases4 ,other county officers were the sheriff and the lieutenant1 the latter being commander of the militia4 ,the ,parish and the ,vestry4--,that part of the ,virginia local government which corresponded to the ,new ,england town was the parish2 but it is apparent that few functions remained to be exercised in this1 their smallest political organization4 ,the counties were generally composed of several parishes4 ,the governing body of each was the vestry2 it had charge of church affairs and of poor relief4 ,the members of the vestry and also the justices of the county court were not elected by the people1 as the town officers were in ,new ,england4 ,on the contrary1 both the vestry and the county court filled vacancies in their own number1 without popular election4 ,this fact serves to illustrate the general truth that local government was democratic in ,new ,england and aristocratic in ,virginia2 in the former colony the mass of voters took part most actively in local government1 while in the latter a few men constituted the ruling class4 ,this does not mean that local affairs in ,virginia were badly managed1 for the leading men were on the whole intelligent and public-spirited2 and in the years of the ,revolution they were among the foremost in the defense of ,american liberties4 ,in ,new ,england1 however1 it was noticeable that the mass of voters were intelligent and understood the practical management of political affairs--a result which doubtless came largely from their training in the town meeting4 ,the ,three ,types of ,local ,organization4--,we have now seen that in ,new ,england the town had the most important functions of local government1 and this is called1 therefore1 the town type2 while in ,virginia the county had the greater share of governing powers1 and there we find the county type4 ,virginia influenced the colonies that lay south of her1 so that the county type was found also in the ,carolinas and ,georgia4 ,in the middle colonies there existed both counties and towns1 and here there was a much more equal division of powers between these organizations4 ,hence we call theirs the mixed or township-county type of local government4 ,local ,government in the ,west4--,the people who migrated to the new ,states west of the ,alleghenies carried with them the forms of local government which have just been described as growing up in the colonies4 ,this statement needs some modification1 for nowhere in the ,west was the pure town type adopted4 ,everywhere in the ,north we find the mixed type1 while the ,southern ,states have1 in general1 the county type4 ,in the latter the county commissioners1 elected at large or from precincts1 together with other county officers1 exercise most of the local powers of government4 ,two ,forms in the ,north4--,in the greater number of the ,states that have the mixed type1 the county is governed by a board of commissioners elected by either of the methods just mentioned as prevailing in the ,south4 ,in a few ,states 7such as ,michigan1 ,illinois1 and ,wisconsin71 the county board is composed of supervisors1 who represent the towns1 villages1 and wards of the county4 ,here we find the town meeting1 copied after that of ,new ,england or ,new ,york1 and the town government has more functions than in those ,states where commissioners compose the town board4 ,local ,self-,government4--,such is the way in which local government has come about in the various ,states of the ,union4 ,rooted in the systems that ,englishmen have developed through the centuries1 adapted to the new life and the peculiar conditions of the colonial period1 it has spread with the population throughout the land4 ,the management of local affairs by the people and their chosen representatives is a sound principle of government which holds a firm place in every part of our country4 99 99 99 99 99 ,,supplementary ,,questions ,,and ,,references4 #a4 ,which type of local government exists in your ,state8 ,can you account for its origin8 #b4 ,is the system of local government uniform throughout your ,state8 ,if so1 why is this true8 ,if not1 can you account for the lack of uniformity8 ,,chapter ,,iv4 ,,the ,,government ,,of ,,cities4 ,the ,general ,plan of ,city ,government4--,the general framework of city government is not very different from that of the other governmental divisions4 ,there are the legislative1 executive1 and judicial departments1 whose organization and functions are stated in the charter1 or fundamental law of the city4 ,the city legislature is the council or board of aldermen4 ,in most cases this body is a single house1 though in some cities there are two houses4 ,the members are elected from the wards into which the city is divided4 ,the council may pass ordinances for the government of the city1 but it is limited in the extent of its powers by the terms of the city charter4 ,city ,charters ,granted by ,legislatures4--,the source of the charter is the ,state legislature4 ,in most ,states the constitution provides that the legislature shall pass general laws prescribing the framework of all cities1 or of the classes into which the cities of a ,state may be divided1 according to their population4 ,these laws also contain regulations that are safeguards against the abuses of municipal government1 such as heavy taxation and the accumulation of debts4 ,the requirement of general laws secures uniformity in the most important features of city government1 and it prevents the practice1 which is otherwise liable to prevail1 of constant interference by ,state legislatures in the affairs of certain cities4 ,such special laws should be enacted with great caution1 if at all2 for when a legislature regulates the affairs of a particular city1 it too often does so at the request of persons or corporations having advantages to gain at the expense of the public4#c ,footnote #c3 ,in some ,states where the constitutions require general laws applying to classes of cities1 single cities have been put in classes by themselves2 so the legislature has virtually governed them by special laws4 ,the ,mayor4--,the chief executive of the city is the mayor4 ,he is the head of the police department and has more or less authority over the other administrative departments to be discussed later in this chapter4 ,in the cases of both mayor and aldermen1 the facts concerning their terms1 salaries1 and other details vary so greatly in different cities that no general description is possible4 ,the city judiciary includes the ordinary ,state courts and also special or municipal courts of various degrees4 ,other ,city ,officials4--,besides the officers enumerated1 every city has its clerk1 treasurer1 attorney1 and assessors4 ,the auditor1 or comptroller1 is an important official who controls city finances4 ,administrative ,departments4--,the greatest difficulties of city government arise in connection with the numerous administrative departments2 these are quite complex in their operation4 ,in large cities the number of officials and the variety of their duties render it almost impossible for the average citizen to become informed concerning these affairs2 consequently1 opportunities for fraud and mismanagement occur frequently4 ,why1 it may be asked1 is such complex machinery necessary in municipal government8 ,it is because social and industrial conditions 7that is1 the circumstances under which men live and work7 are quite different from those that we find in towns and villages2 and city government must be adapted to these conditions4 ,conditions ,peculiar to ,city ,life4--,let us notice some of the ways in which this is true4 7#a7 ,the mere fact that population is dense increases the possibility that a citizen may interfere with the rights of his neighbors even in the conduct of ordinary business4 7#b7 ,there is greater liability that public health and safety may be endangered1 both in the homes and in the shops and factories of cities1 than in less densely settled communities4 7#c7 ,the opportunities for evil-doing and for concealment that exist in cities draw to them a larger proportion of the vicious classes who need control and suppression4 7#d7 ,finally1 in cities it is less easy than in the country for each family to supply itself with certain conveniences1 such as water1 light1 and transportation2 consequently1 the government must regulate to some extent the supply of these necessities4 ,these are some of the conditions that are peculiar to city life2 and we find here the reasons why the government in a city must undertake a large number of functions4 ,at every point the safety of the citizen and his property must be guarded2 and in a great many ways the conveniences of life must be supplied by the city or under the control of city officials4 ,thus we account for the fact that city government is complex--the principal source of the difficulties and the evils that we find in connection with administrative departments4 ,fire and ,police ,departments4--,the number and the organization of administrative departments vary considerably in different cities4 ,everywhere we find the police1 fire1 and health departments4 ,fire departments are1 as a rule1 very efficient2 for the citizens will not allow laxness in the protection of their property4 ,the efficiency of police departments varies greatly in different cities4 ,when the selection of police officers is on a political basis1 the standards are apt to be low1 and the police may then protect or even assist violators of the law4 ,instances have been known where policemen received1 regularly1 money payments from law-breakers whom they did not arrest4 ,the detection of this form of corruption is difficult2 nevertheless1 if it continues1 the people are evidently not awake to their own best interests4 ,in other cities1 on the other hand1 the police force is maintained upon a high standard4 ,sometimes civil-service-reform methods are used in the selection of policemen2 the passing of an examination is necessary for appointment4 ,this1 with a fair system of promotions1 should render a police force more like a military organization in its relation to the enforcement of law4 ,the ,health ,department4--,the department of public health has duties that are of vital importance4 ,sewerage systems1 sanitation1 and the water-supply are the chief objects of its inspection4 ,health officers also have powers which enable them to detect and prohibit the sale of impure foods4 ,the milk-supply should receive its particular attention1 for the purity of this product is an important matter4 ,the enforcement of strict health regulations in the crowded tenement districts of large cities is very difficult2 but the neglect of these matters by city officials is nothing less than criminal4 ,the ,department of ,streets4--,this department1 which has in charge the construction of streets and pavements1 affects the convenience of every citizen4 ,here vast sums of money are expended1 sometimes wisely1 and sometimes under the supervision of officials who are lacking in the technical knowledge required by this kind of work4 ,opportunity for dishonest handling of public money may be found in the letting of contracts and in the purchase of supplies4 ,street-cleaning has received comparatively little attention in ,american cities4 ,in this respect we are far behind many ,european cities4 ,this is because the relation of clean streets to public health1 and to civic beauty1 is not fully appreciated by the average citizen of our country4 ,public ,charities4--,the administration of public charities is everywhere a difficult matter1 and1 naturally1 its difficulty is greatest in large cities1 where we find the greatest number of those who seek relief4 ,two problems confront the department of public charities3 7#a7 ,how can it distinguish between those who actually need assistance and those who do not8 7#b7;,how can it help those who need assistance temporarily1 without weakening their desire to become self-supporting8 ,the same problems must be solved by the citizen in connection with his private charities4 ,in general1 it may be said that charitable work is best managed by private organizations1 in charge of trained workers1 who can investigate all cases of application for aid4 ,the ,public ,schools4--,public education is another department of municipal activity4#d ,city governments spend great amounts of public money for this purpose4 ,the work of our educational institutions is constantly being enlarged2 courses in commerce1 manual training1 and domestic science are intended to strengthen the practical side of education4 ,in some cities special schools are maintained for the defective classes and for truants4 ,footnote #d3 ,this subject is also treated in the chapter on ,public ,school ,systems4 ,libraries1 ,parks1 and ,playgrounds4--,the educational advantages furnished by the city are not for the children alone4 ,public libraries and museums serve adults as well4 ,recreation is provided by means of parks1 public playgrounds1 and open-air gymnasiums4 ,these will become more common when their educational influence is more fully understood4 ,committees or ,boards4--,the important questions that arise in connection with administrative departments are1 how shall they be organized8 and how shall the officers who control them be appointed8 ,two general methods prevail3 7#a7;,in the smaller cities the members of the council are grouped into committees1 which have charge of the various administrative departments4 ,in large cities there are boards or commissioners1 distinct from the council1 and these may be composed of salaried officers4 ,in either case the board may employ a superintendent to take charge of the work under its jurisdiction4 ,the principal criticism which can be offered against this method of managing administrative departments is that responsibility cannot be definitely located4 ,no single member of a board or commission will assume responsibility for mismanagement2 and when responsibility is divided among several persons1 none of them feels it very strongly4 7#b7,single ,heads of ,departments4--,as a remedy for this defect1 administrative departments in some cities are placed under the control of single officers4 ,these are given authority to appoint their subordinates1 and they are held strictly accountable for the management of the department4 ,responsibility is further concentrated in some cities by giving the mayor power to appoint these heads of departments4 ,the ,commission ,form of ,city ,government4--,this form is found in a number of cities throughout the country4 ,in place of the mayor and council these cities have a small body of men 7generally three or five7 who both make and execute city ordinances4 ,they are elected at large from the city4 ,each of the commissioners is in charge of one or more of the city departments1 and all subordinate officers are appointed by them4 ,the commissioners are expected to devote their entire time to their duties and they are paid liberal salaries4 ,thus1 it is hoped1 city government will become more business-like and efficient4 ,in most cities that have the commission form provision is made for the initiative1 referendum1 and recall4 ,the initiative enables a body of citizens who sign a petition to obtain a certain law by popular vote1 if the commission refuses to pass it4 ,the referendum enables citizens to vote for or against a law that the commission has passed1 and thus to repeal it if they desire4 ,under the recall a member of the commission can be made to stand for re-election1 or else to resign1 at any time during his term of office1 if a certain number of citizens petition for this action4 ,qualifications of ,city ,officers4--,grave questions are involved in these matters of organization1 but the efficiency of city government depends in the greatest measure upon the character of the officers who are placed in power4 ,we need to recognize the importance1 in city affairs as in private business1 of securing officials who are qualified by training and by successful experience to serve the public4 ,economy and honesty in municipal government cannot be expected when politics alone determines appointments to office4 ,the establishment of civil-service-examination systems in certain cities is a step in the right direction4 ,public ,utilities4--,besides the administrative departments already mentioned1 we have in large cities those which control the supply of water1 light1 and transportation facilities4 ,the industries furnishing these necessities may belong to the city1 but in most cases they are owned by individuals and corporations4#e ,even then they should be subject to strict regulation by the city1 for several reasons3 7#a7 ,these industries make use of public streets4 ,the right to do this is granted by the council in a franchise4 7#b7 ,the product that is supplied being in each case a necessity1 it is the duty of the city government to protect the citizens from any abuse or inconvenience that may arise in connection with it4 7#c7 ,in nearly every case the industries in question are monopolies2 i4e41 competition between rival plants is not possible4 ,for this reason the public may suffer either from high rates or from imperfect service4 ,footnote #e3 ,on this topic see ,government in ,state and ,nation1 pp4 #cc-cf4 ,the ,question of ,municipal ,ownership4--,the opinion is gaining ground that no amount of municipal control will cure the evils of private ownership in these industries4 ,since they are natural monopolies1 it is argued they should be operated by the city government4 ,this opinion is seen to have great weight when we consider the corruption and the lack of attention to the public welfare that accompany the granting of franchises to corporations4 ,the bribery of aldermen and the granting of valuable privileges without compensation are frequent occurrences4 ,on the other hand1 the facts that bad officers are sometimes elected in our cities1 and that they ignore public interests1 raise a very serious question whether they should be intrusted with the management of great industries1 such as water and lighting plants and street-car systems4 ,reasons for ,poor ,city ,government4--,other arguments may be made on both sides of this question of municipal ownership2 but there are fundamental reasons why the cities of the ,united ,states are1 on the whole1 poorly governed1 which must receive consideration before this question can be settled4 ,the conditions accounting for the evils of municipal government may be briefly stated as follows3 7#a7 ,city governments are necessarily complex1 and1 in their administrative departments especially1 a multitude of details must receive attention4 ,citizens find it difficult to understand these transactions and even more difficult to follow them closely4 7#b7 ,city governments must spend vast sums of money1 and this fact is a standing temptation to dishonest men both in and out of office4 7#c7 ,the rapidity with which cities have grown has increased the difficulty of their problems4 7#d7 ,individuals and corporations have found it necessary to secure franchises from cities for the operation of important industries2 this has opened many opportunities for corruption in city affairs4 7#e7 ,the presence of large numbers of foreigners who are ignorant of governmental affairs has enabled corrupt politicians to exert great influence upon the voters in city elections4 ,the ,reform of ,municipal ,governments4--,having reviewed the principal causes for the evils of municipal government1 let us now consider some of the conditions that are necessary for bringing about reforms4 7#a7 ,national politics should be entirely separated from city affairs4 ,it may be impossible to prevent the nomination of candidates by the regular political parties2 but within each party local issues1 not national1 should determine the selection of candidates4 ,at the polls the voter should cast his ballot independently of party considerations4 7#b7 ,public interest in municipal affairs and the existence of a strong civic pride are conditions that are essential to the election of good officers and to the purity of city government4 7#c7 ,before we can have better city governments every citizen must recognize his responsibility1 not only on election day1 but on every occasion when he can help in the work of detecting wrong1 punishing corrupt officials1 and encouraging better things in all departments of city life4 ,this means unselfishness in one's attitude toward the public welfare2 it means willingness to sacrifice time and effort in the public service4 ,the example set by many eminent persons who have devoted themselves unselfishly to the accomplishment of reforms in our great cities may well be imitated by every citizen in the smaller affairs of his city or his ward4 ,and the younger generation of citizens1 who are yet students in the public schools1 may exert no little influence toward the betterment of the city2 and they may aid in the formation of that better public sentiment without which no improvement in our standards of municipal government is possible4 99 99 99 99 99 ,,supplementary ,,questions4 ,outline for the study of your city government4 #a4 ,was the city organized under a general law of the ,state1 or was it granted a special charter8 ,does the legislature enact special laws for the city8 #b4 ,the mayor3 term1 salary4 ,what are his principal powers8 ,should his responsibility be increased8 #c4 ,the council or board of aldermen3 number of members1 term of office1 manner of election1 compensation8 #d4 ,the municipal courts and judges4 #e4 ,administrative departments3 make a complete list of these4 ,are they controlled by boards or by single officers8 ,how do the officers obtain their positions8 ,are they paid salaries8 ,of what business does each have charge8 #f4 ,how are the water1 lighting1 and street-car plants managed8 ,do you believe in the municipal ownership of any of them8 ,give reasons for your opinion4 #g4 ,how do police officers receive appointment8 ,if an officer fails to enforce an ordinance1 what course would you take to secure its enforcement8 #h4 ,are party lines closely adhered to by voters in city elections8 ,are independent party organizations formed8 ,are they successful8 #i4 ,what can you learn of reform movements that have taken place in your city's history8 ,give the causes for the success or failure of these4 #aj4 ,what is the cost of your city government per annum8 ,is it economically administered8 ,what are the principal items of expense8 ,has the city other sources of revenue besides taxation8 #aa4 ,what are the excellent features of your city's government8 ,what are its faults8 ,how may the latter be corrected8 #ab4 ,mention some ways in which students can assist in bringing about better conditions in your city4 99 99 99 99 99 ,,references4 #a4 ,reinsch1 ,young ,citizen's ,reader1 #hj-hc4 ,hoxie1 ,how the ,people ,rule1 #fc-hc4 ,dole1 ,young ,citizen1 #ic-ajh2 #acb-aci4 ,,part ,,ii4 ,,the ,,national ,,government4 ,,chapter ,v4 ,,events ,,leading ,,to ,,the ,,formation ,,of ,,the ,,union4 ,colonial ,relations4--,why was union so long delayed8 ,how was it finally accomplished8 ,these are always questions of great interest to the student of ,american government4 ,we note the general indifference toward union among the colonies before the ,revolutionary ,war4 ,this may be partially accounted for by the fact that each colony had its own separate government1 and was jealous of all outside interference4 ,lack of good roads and methods of travel made extensive communication between the scattered settlements difficult4 ,prejudice against strangers1 and especially those of a different religious belief1 was common4 ,bonds of sympathy1 however1 between the citizens of different colonies were not wholly lacking4 ,their language and customs were mainly ,english4 ,their chief desire was to develop a government according to their own plans4 ,common interests were at times created because of the necessity for providing protection against their ,indian1 ,french1 and ,dutch foes4 ,in general1 we may say1 confederation was early brought about through need for defense1 but union has been the result of two centuries and a half of growth4 ,union of the ,new ,england ,colonies1 #afdc4--;,a notable attempt was made to form a confederation among the colonies in #afdc4 ,it is known as the ,new ,england ,confederation1 and included ,massachusetts ,bay1 ,new ,plymouth1 ,connecticut1 and ,new ,haven colonies4 ,their united energies were necessary to furnish protection against dangers from the ,indians4 ,the ,dutch and ,french also tended constantly to encroach upon their rights4 ,the governing body of this confederation was a board of commissioners4 ,in the annual meetings of the commissioners1 two being sent from each colony1 questions of war1 relations with the ,indians1 and other matters of mutual interest were discussed4 ,but this central government possessed advisory powers only4 ,the colonies were to provide for their own local government4 ,the confederation became constantly weaker1 and was finally dissolved in #afhd4 ,seventy years were to elapse before the call was sent out for a meeting of delegates from all the colonies at ,albany1 but the influence of the ,new ,england ,confederacy was felt1 no doubt1 during that period4 ,the ,albany ,congress1 #aged4--,open hostilities with their enemies became more and more frequent4 ,from the outbreak of ,king ,william's ,war1 in #afhi1 to #aged1 the date of the ,albany ,congress1 there were at least a dozen intercolonial conferences called to consider means for the common defense4 ,plans for union were also prepared4 ,the most interesting is that of ,william ,penn4 ,in it the word ,congress is used for the first time in connection with ,american affairs4 ,as the final struggle with ,france for the possession of ,america was about to begin1 a ,congress of twenty-five of the leading men from seven different colonies met at ,albany4 ,they were called1 primarily1 for the purpose of making a treaty with the ,iroquois ,indians4 ,this object secured1 the resolution was then unanimously adopted that ,a union of all the colonies is at present absolutely necessary for security and defense4 ,franklin's famous plan providing for a permanent federation of all the colonies was also adopted4 ,when submitted to the colonies1 it failed to receive the ratification of a single one4 ,nor was it acceptable to the ,english government4 ,said ,franklin1 ,the assemblies all thought there was too much prerogative1 and in ,england it was thought to have too much of the democratic4 ,the ,stamp ,act ,congress1 #agfe4--;,after the passing of the stamp act by the ,english government1 the ,massachusetts house of representatives invited the other colonial assemblies to send delegations to a general congress4 ,nine colonies responded by sending twenty-eight men to the congress in ,new ,york ,city1 ,october #g1 #agfe4f ,during the session of two weeks1 these delegates drafted petitions to the ,english government and declared that the rights of the colonists were the same as those of the natural-born subjects of ,england4 ,it is noteworthy that representatives had again assembled on the motion of the colonists themselves4 ,the growth of common interests was well expressed by ,christopher ,gadsden of ,south ,carolina1 when he said3 ,there ought to be no ,new ,england man1 no ,new ,yorker1 known on the continent2 but all of us ,americans4 ,footnote #f3 ,virginia1 ,new ,hampshire1 ,georgia1 and ,north ,carolina sympathized with the movement1 but did not send delegates4 ,committees of ,correspondence4--,nine years were to go by before the meeting of another congress1 but the colonists were prepared for a united effort at the end of this period4 ,no sooner were the contents of the ,townshend acts of #agfg known than ,massachusetts issued a circular letter to the other colonies1 asking for combined action against all such unconstitutional measures4 ,the other colonial assemblies agreed with ,massachusetts4 ,another movement which made the ,revolution possible was begun by ,samuel ,adams4 ,in ,november1 #aggb1 he prevailed upon the ,boston town meeting to appoint a committee which should carry on a correspondence with committees organized in other towns of that colony4 ,rights and grievances were the chief subjects for consideration4 ,other colonies adopted this plan4 ,led by ,virginia1 the idea was carried one step further1 and in #aggc were formed committees of correspondence between the different colonies4 ,thus they were prepared for united action in the ,first and ,second ,continental ,congresses4 ,the ,first ,continental ,congress1 #aggd4--,when the coercive acts of #aggd had been passed1 ,massachusetts1 now in greatest need1 called for a congress of all the colonies4 ,delegates from all1 ,georgia#g excepted1 assembled at ,philadelphia1 ,september #e1 #aggd4 ,in the ,declaration of ,rights1 and in the adoption of the ,articles of ,association1 they gave full expression to colonial sentiment4 ,they commended the resistance of the people of ,massachusetts4 ,they declared that all ,america ought to support them in their opposition1 if force should be used in carrying out the measures of ,parliament4 ,footnote #g3 ,georgia was in sympathy with this movement4 ,the ,second ,continental ,congress1 #agge4--;,before adjourning1 the ,first ,continental ,congress provided for the meeting of another congress1 in ,may1 #agge1 unless the causes for colonial grievances should be earlier removed by the ,english government4 ,but other measures of repression were quickly passed1 and before the ,second ,continental ,congress met1 the battle of ,lexington had been fought and the ,american forces were blockading ,boston4 ,this congress convened in ,philadelphia ,may #aj1 #agge1 and continued in session1 with adjournments from time to time1 until ,may #a1 #agha4 ,all of the colonies were represented4 ,like previous congresses1 this was1 at first1 merely an advisory body1 but necessity compelled it to act as a real government4 ,it took control of military affairs1 provided for a currency1 threw open ,american ports to the ships of all nations1 and did whatever else the necessities of the time seemed to demand4 ,having been appealed to for advice1 this congress took a most notable position in recommending that new forms of government should be established in the several ,states4 ,by the year #aggg ten ,states had framed new constitutions4 ,it furthered independence by appointing a committee to draft resolutions based on the ideas of independence then everywhere present4 ,the ,declaration of ,independence was the result4 ,the ,articles of ,confederation4--,franklin early saw the need for a more effective government than that of a revolutionary assembly4 ,on ,july #ba1 #agge1 he presented to ,congress a plan for perpetual union4 ,nearly a year elapsed before a committee was appointed to prepare some form for confederation to be entered into between the colonies4 ,another period of a year and five months was to go by before the report of this committee was adopted by the ,continental ,congress4 ,it was then submitted to the ,state legislatures for approval4 ,after three years and a half1 on ,march #a1 #agha1 ,maryland1 the last ,state1 was induced to ratify the ,articles of ,confederation4 ,the adoption of these articles is one of the most important events in the history of our nation4 ,while the ,articles of ,confederation must always be regarded as a weak instrument of government1 we must not forget that the ,continental ,congress was then working out problems in the province of government that were almost wholly new4 ,the solution1 faulty as it was1 went far to establish the place of the written ,constitution as a basis for government4 ,said ,john ,fiske3 ,almost everything else in our fundamental institutions was brought by our forefathers in a more or less highly developed condition from ,england2 but the development of the written ,constitution1 with the consequent relation of the courts to the law-making power1 has gone on entirely upon ,american soil4 ,practical ,working of the ,government4--,conditions soon proved the articles unsatisfactory4 ,the ,states were almost independent of the central government4 ,there was no separate executive power to enforce1 and no judiciary to interpret the laws4 ,the nation was deep in debt1 and without means for payment4 ,paper money of the period was worthless1 and debtors were rebellious4 ,disputes between the various ,states brought them to the verge of civil war4 ,each ,state had its own system of duties and imposts1 which led to great confusion in commerce4 ,no important resolution could be passed in ,congress without the votes of nine ,states4 ,no amendment was possible1 except by the votes of all the ,states4 ,congress became constantly weaker as various members resigned to accept positions under ,state authority4 ,in that most dangerous period of our history1 extending from #aghc to #aghh1 aptly called the critical period1 it became constantly more apparent that government under the ,articles of ,confederation was a failure4 ,fortunately1 in this hour of gloom1 there came forward ,washington1 ,hamilton1 ,madison1 and other leaders1 who were prepared1 if need be1 to make compromises1 but who were determined to preserve the elements of the union already secured4 99 99 99 99 99 ,,supplementary ,,questions ,,and ,,references4 #a4 ,how was the stamp act regarded in the different colonies as shown by the addresses made and resolutions offered8 ,hart1 ,contemporaries1 ,,ii1 #cie-daa2 ,tyler1 ,patrick ,henry 7,american ,statesmen71 ,chapters #e and #f4 #b4 ,do you know of other instances in our history where a stamp act has been passed8 ,how was it regarded8 ,in what ways was it different from that of #agfe8 #c4 ,what was the origin of the committees of correspondence and how did they aid in unification8 ,sloane1 ,the ,french ,war and the ,revolution1 #afa1 #afb2 ,hart1 ,formation of the ,union1 #eg4 #d4 ,analyze the ,declaration of ,independence1 and select from it the causes for the ,revolution4 #e4 ,why was the adoption of the ,articles of ,confederation so long delayed8 ,hart1 ,contemporaries1 ,,ii1 #eci-edc2 ,fiske1 ,the ,critical ,period1 #ic1 #ie2 ,walker1 ,the ,making of the ,nation1 #f2 ,hart1 ,formation of the ,union1 #ic-ie4 #f4 ,read the ,articles of ,confederation 7,appendix ,b74 7a7 ,how was the ,congress composed8 7,art4 ,v47 7b7 ,the number necessary for a quorum8 7,art4 ,x47 7c7 ,the powers of ,congress8 7,art4 ,,ix47 7d7 ,powers of the separate ,states 7,art4 ,,viii47 #g4 ,defects of the ,confederation4 ,hart1 ,contemporaries1 ,,ii1 #eia-fjc4 #h4 ,what was the attitude toward union during the period #aghc-aghh8 ,were there notable bonds of union even at this time8 ,what other influences have increased this sentiment8 ,fiske1 ,critical ,period1 #ee-fc2 ,walker1 ,the ,making of the ,nation1 #g1 #h4 #i4 ,president ,roosevelt said1 in an address delivered ,april #i1 #aijb1 at ,charleston1 ,s4,c41 ,when four years ago this nation was compelled to face a foreign foe1 the completeness of the reunion became instantly and strikingly evident4 ,what is his meaning8 ,how does the statement illustrate the point emphasized in this chapter1 that a common danger produces union8 #aj4 ,describe the character of the money used in #aghc and succeeding years4 ,what was its influence8 ,fiske1 ,critical ,period1 #afb-ahf4 ,,chapter ,,vi4 ,,the ,,constitutional ,,convention4 ,events ,leading to the ,constitutional ,convention4--,among the many difficulties that arose during the period of the confederation were constant disputes between ,virginia and ,maryland over the navigation of the ,potomac ,river and ,chesapeake ,bay4 ,finally1 in ,march1 #aghe1 commissioners from these ,states met at ,alexandria to consider these difficulties4 ,the outcome of the meeting was that ,virginia proposed a convention and called for delegates from all of the ,states to meet to consider how commerce should be controlled4 ,delegates from five ,states only were present at ,annapolis on the day appointed1 ,september #aa1 #aghf4 ,nothing permanent could be accomplished with so few ,states represented4 ,before adjourning1 however1 they agreed to a resolution1 framed by ,alexander ,hamilton1 which proposed the calling of a convention at ,philadelphia to amend the ,articles of ,confederation4 ,the ,federal ,convention1 #aghg2 ,delegates4--,all of the ,states1 ,rhode ,island excepted1 were finally represented in this1 one of the most notable conventions in the history of the world4 ,among the fifty-five delegates assembled were many who had already been conspicuous in public affairs4 ,they were the choice men of the ,states from which they came4 ,twenty-nine of the number were university men4 ,washington and ,franklin were present1 and ,washington was unanimously chosen president of the convention4 ,neither of these men took an active part in the debates2 but their presence gave inspiration to the other members1 and they had untold influence at critical times4 ,among the ablest members were ,alexander ,hamilton of ,new ,york2 ,james ,madison of ,virginia2 ,oliver ,ellsworth and ,william ,s4 ,johnson of ,connecticut2 ,james ,wilson and ,gouverneur ,morris of ,pennsylvania2 ,rufus ,king of ,massachusetts2 and ,charles ,c4 ,pinckney of ,south ,carolina4 ,our ,knowledge of the ,convention4--,the ,convention lasted from ,may #be to ,september #ag1 #aghg4 ,the sessions were secret4 ,fortunately we are not dependent on the secretary's report alone for our knowledge of the meetings4#h ,mr4 ,madison seemed to understand the full meaning of the convention from the first1 and decided to give an accurate account of the proceedings4 ,he wrote3 ,nor was ,i unaware of the value of such a contribution to the fund of materials for the history of a ,constitution on which should be staked the happiness of a people great even in its infancy1 and possibly the cause of liberty throughout the world4 ,his notes were purchased by the government from ,mrs4 ,madison1 in #ahcg1 for the sum of thirty thousand dollars4 ,they were published as ,madison's ,journal of the ,constitutional ,convention4 ,footnote #h3 ,it was published in #ahai as a part of ,volume ,i of ,elliot's ,debates4 ,plans for a ,government2 ,virginia ,plan4--,the magnitude of the labors of this convention can be understood only when we read the report of the discussions as given by ,madison4 ,it was at once determined that no time should be lost in patching up the articles1 but that a new ,constitution should be formed4 ,two sets of resolutions were early submitted1 each setting forth a plan of government4 ,the ,virginia plan was largely the work of ,mr4 ,madison4 ,it provided for the establishment of a national government with supreme legislative1 executive1 and judicial powers4 ,the legislative power was to be vested in a ,congress of two separate houses4 ,the executive was to be chosen by both houses of ,congress and the judiciary by the ,senate4 ,representation in both houses of ,congress was to be based on population or the contributions to the support of the government4 ,this scheme was fiercely attacked by the delegates from the small ,states1 for it would clearly give control into the hands of the more powerful ,states4 ,the ,new ,jersey ,plan4--,the ,new ,jersey plan1 presented by ,mr4 ,patterson of that ,state1 was agreed upon by the members from ,connecticut1 ,new ,york1 ,new ,jersey1 ,delaware1 and ,maryland4 ,this ,small-,state plan1 so called1 provided for a continuance of the government under the ,articles of ,confederation4 ,they were to be revised in such a manner as to give ,congress the power to regulate commerce1 to raise revenue1 and to coerce the ,states4 ,the ,small-,state party insisted that the ,virginia plan1 if adopted1 would destroy the sovereignty of the ,states4 ,they would rather1 they said1 submit to a foreign power than be deprived of equality of suffrage in both branches of the legislature4 ,madison1 ,wilson1 ,king1 and other leaders of the ,large-,state party declared that the basis for the new government was to be the people and not the ,states2 that it would be unfair to give ,delaware as many representatives as ,virginia or ,pennsylvania4 ,after many days of fruitless debate1 a compromise1 sometimes called the ,first ,great ,compromise1 was presented and finally adopted4 ,this provided that the ,house of ,representatives should be composed of members elected on the basis of population4 ,in the ,senate1 large and small ,states were to be equally represented4 ,the ,slavery ,problem2 ,second ,compromise4--,how was the number of the representatives to be found8 ,were slaves to be counted a part of the population8 ,a heated debate arose over these questions4 ,the delegates from ,south ,carolina maintained that slaves were a part of the population and as such should be counted4 ,the answer was made that slaves were not represented in the legislatures of that and other ,states2 that slaves were regarded in those ,states merely as so much property1 and as such ought never to be represented4 ,finally1 when it seemed that the work of the convention must fail1 a compromise1 known as the three-fifths compromise1 was accepted4 ,this provided that all free people should be counted and three-fifths of the slaves4 ,the ,third ,compromise4--,slave-trade and commerce were the causes for a third compromise4 ,south ,carolina and ,georgia desired to have the importation of slaves continued4 ,some of the other ,southern ,states and the ,northern ,states generally were opposed4 ,the ,new ,england members were anxious that the ,national government should have complete control of foreign commerce4 ,this was resisted by some of the ,southern delegates1 who feared that the importation of slaves might thereby be prohibited4 ,finally1 a compromise was agreed upon which gave ,congress power over foreign and interstate commerce1 but forbade any act which might prohibit the importation of slaves before #ahjh4 ,it was also agreed that a tax of ten dollars each might be laid on all slaves imported4 ,while the entire ,constitution may be said to be made up of compromises1 the agreement upon these three rendered the further work of the convention possible4 ,signing the ,constitution4--,gouverneur ,morris was selected to give the document its final form4 ,the clear1 simple ,english used is due largely to him4 ,after thirty-nine members1 representing twelve different ,states1 had signed the ,constitution1 the convention adjourned4 ,while the last signatures were being written1 ,franklin said to those standing near him1 as he called attention to a sun blazoned on the back of the ,president's chair3 ,i have1 often and often1 in the course of the session1 and the vicissitudes of my hopes and fears as to its issue1 looked at that behind the ,president1 without being able to tell whether it was rising or setting2 but now1 at length1 ,i have the happiness to know that it is a rising and not a setting sun4 ,difficulties of ,ratification4--,the convention submitted the ,constitution to ,congress4 ,here1 for eight days1 it was attacked by its opponents4 ,finally1 ,congress passed it on to the ,state legislatures4 ,it was sent by them to ,state conventions elected by the people4 ,this ratification was provided for by ,article ,,vii of the ,constitution1 as follows3 ,the ratification of the conventions of nine ,states shall be sufficient for the establishment of this ,constitution between the ,states so ratifying the same4 ,the period included between ,september #bh1 #aghg1 when ,congress transmitted the ,constitution to the ,state legislatures1 and ,june #ba1 #aghh1 when ,new ,hampshire1 the last of the necessary nine ,states1 ratified1 was one of the most critical in our history4 ,political parties1 in a truly ,national sense1 were formed for the first time4 ,among the leaders who defended ably the views of those who opposed the ratification of the ,constitution were ,patrick ,henry1 ,richard ,henry ,lee1 ,elbridge ,gerry1 and ,george ,clinton4 ,it was urged that there was no bill of rights1#i that the ,president would become a despot1 and that equality of representation in the ,senate was an injustice to the larger ,states4 ,letters from the ,federal ,farmer1 prepared for the press of the country by ,richard ,henry ,lee1 set forth clearly the views of the ,anti-,constitutional party4 ,footnote #i3 ,a bill of rights1 in which the idea of the rights of man were set forth1 was a significant part of nearly all the ,state constitutions4 ,englishmen1 generally1 had been familiar with the formal statement of these principles since #afhi1 when ,william and ,mary accepted the ,declaration of ,rights as a condition of their receiving the crown of ,england4 ,during the same year ,parliament gave the ,declaration of ,rights the form of a statute1 under the name of the ,bill of ,rights4 ,among other rights it demanded that the king1 without the sanction of ,parliament1 should not raise an army1 secure money1 or suspend the laws2 also1 that the right of petition1 freedom in the exercise of religion1 and equality under the laws were to be granted all subjects4 ,the ,federalist4--,no influence was more noteworthy in bringing about ratification than a series of political essays afterward collected under the name of ,the ,federalist4 ,it is considered to-day the best commentary on the ,constitution ever written4 ,alexander ,hamilton originated the plan1 and wrote #ea of the #he numbers4 ,james ,madison wrote #bi1 and ,john ,jay #e4 ,the ,influence of ,washington4--,washington was again a giant in his support of the ,constitution4 ,in a letter to ,patrick ,henry he early sounded an effective note of warning against anarchy1 expressing the very fear that finally led many in the conventions to vote for the ,constitution4 ,he wrote3 ,i wish the ,constitution which is offered had been more perfect2 but it is the best that could be obtained at this time1 and a door is open for amendments hereafter4 ,the political concerns of this country are suspended by a thread4 ,the convention has been looked up to by the reflecting part of the community with a solicitude which is hardly to be conceived1 and if nothing had been agreed upon by that body1 anarchy would soon have ensued1 the seeds being deeply sown in every soil4 ,ratification ,secured4--,delaware1 the first ,state1 ratified ,december #f1 #aghg1 without a dissenting vote4 ,pennsylvania1 ,new ,jersey1 ,georgia1 and ,connecticut followed quickly4 ,much depended on the action of the ,massachusetts convention4 ,after prolonged debate1 the delegates were finally influenced by the statement that amendments might be made1 and they ratified the ,constitution by a vote of #ahg to #afh4 ,the ninth ,state was secured in the ratification by ,new ,hampshire1 ,june #ba1 #aghh4 ,it was not until ,november #ba1 #aghi1 however1 that ,north ,carolina voted to accept the ,constitution4 ,rhode ,island held out until ,may #bi1 #agij4 ,the ,new ,government ,put into ,operation4--,when the ratification of the ninth ,state had been secured1 ,congress appointed a special committee to frame an act for putting the ,constitution into operation4 ,it was enacted that the first ,wednesday in ,january should be the day for appointing electors2 that the electors should cast their votes for ,president on the first ,wednesday in ,february1 and that on the first ,wednesday of ,march the new government should go into operation4 ,it was not until ,april #a that a quorum was secured in the ,house of ,representatives1 and in the ,senate not until ,april #f4 ,the electoral votes were counted in the presence of the two houses on ,april #f4aj ,the inauguration of ,president ,washington did not take place1 however1 until ,april #cj4 ,footnote #aj3 ,new ,york did not choose electors4 ,north ,carolina and ,rhode ,island1 as we have seen1 had not ratified the ,constitution4 ,origin of the ,constitution4--,before making a study of this epoch-making document1 let us inquire briefly as to its origin4 ,an analysis of the ,constitution shows that there are some provisions which are new and that ,english precedent had an influence4 ,the main features1 however1 were derived from the constitutions of the ,states with whose practical workings the delegates were familiar4 ,the following well-known statement is an excellent summary3 ,nearly every provision of the ,federal ,constitution that has worked well is one borrowed from or suggested by some ,state constitution2 nearly every provision that has worked badly is one which the convention1 for want of a precedent1 was obliged to devise for itself4 ,authority and ,objects of the ,constitution4--,it was evidently the intention of the framers of the ,constitution to found a government deriving its authority from the people rather than from the ,states4 ,the purposes for which this was done are set forth in the following enacting clause1 commonly called the preamble3-- ,we1 the people of the ,united ,states1 in order to form a more perfect union1 establish justice1 insure domestic tranquility1 provide for the common defense1 promote the general welfare1 and secure the blessings of liberty to ourselves and our posterity1 do ordain and establish this ,constitution for the ,united ,states of ,america4 ,this clause was attacked vigorously by the opponents of the ,constitution1 and especially in the ,virginia and the ,north ,carolina conventions4 ,said ,patrick ,henry3 ,and here ,i would make this inquiry of those worthy characters who composed a part of the late ,federal ,convention4444 ,i have the highest veneration for those gentlemen2 but1 sir1 give me leave to demand what right had they to say1 ',we1 the people'8444 ,who authorized them to speak the language of1 ,we1 the people1 instead of1 ,we1 the ,states8 ,if the ,states be not the agents of this compact1 it must be one great1 consolidated1 national government of the people of all the ,states4 ,it was argued1 on the other hand1 by ,randolph1 ,madison1 and others1 that the government1 under the ,articles of ,confederation1 was a failure1 and that the only safe course to pursue was to have a government emanating from the people instead of from the ,states1 if the union of the ,states and the preservation of the liberties of the people were to be preserved4 ,,supplementary ,,questions ,,and ,,readings4 #a4 ,for an account of the members of the convention1 see ,hart1 ,contemporaries1 ,,iii1 #bje-baa4 #b4 ,for the contributions of the individuals and the classes of delegates1 see ,walker1 ,the ,making of the ,nation1 #bc-bg2 ,fiske1 ,critical ,period1 #bbd-bbi4 #c4 ,discuss the peculiar conditions in ,massachusetts4 ,give the arguments presented4 ,walker1 #ef-eg2 ,fiske1 ,critical ,period1 #caf-cca4 #d4 ,how was the ,constitution regarded in ,virginia8 ,walker1 #eh1 #fj2 ,fiske1 ,critical ,period1 #ccd-cch4 #e4 ,what was the attitude of the ,new ,york ,convention toward the ,constitution8 ,fiske1 ,critical ,period1 #cdj-cde4 #f4 ,what objections were made against the ,constitution in ,north ,carolina8 ,hart1 ,contemporaries1 ,,iii1 #bea-bed4 #g4 ,what would have been the status of ,north ,carolina and ,rhode ,island if they had not ratified8 ,walker1 #gc1 #gd2 ,hart1 ,formation of the ,union1 #acb1 #acc4 #h4 ,show the influence of the ,state constitutions on the ,federal ,constitution4 ,james and ,sanford1 ,government in ,state and ,nation1 #aag4 #i4 ,for other questions on the material in this chapter1 see ,fiske1 ,civil ,government1 #baa1 #bab2 ,james and ,sanford1 ,government in ,state and ,nation1 #ace1 #acf1 #acg4 ,,chapter ,,vii4 ,,organization ,,of ,,the ,,legislative ,,department4 ,,article ,i4 ,a ,congress of ,two ,houses4--,section i4 ,all legislative powers1 herein granted1 shall be vested in a ,congress of the ,united ,states1 which shall consist of a ,senate and ,house of ,representatives4 ,in the ,constitutional ,convention1 the ,pennsylvania delegates were the only ones who objected to the formation of a legislative body having two houses4 ,it was believed that with two houses one would be a check upon the other1 and that there would be less danger of hasty and oppressive legislation4 ,another reason for the formation of a congress having two houses was that the colonists were familiar with this kind of legislature4 ,it existed in all of the ,states1 ,pennsylvania and ,georgia excepted4 ,term of ,members and ,qualifications of ,electors4--,section #b1 ,clause #a4 ,the ,house of ,representatives shall be composed of members chosen every second year by the people of the several ,states1 and the electors in each ,state shall have the qualifications requisite for electors of the most numerous branch of the ,state legislature4 ,a short term for representatives was agreed upon1 for it was the design to make them dependent on the will of the people4 ,the question frequently arises1 therefore1 ought representatives to be compelled to receive instructions from those who elect them8 ,may we not agree that our legislation would often be more efficient if the welfare of the nation were considered1 rather than what seems1 for the moment1 to be only the concern of a district or even1 a ,state8 ,securing the best interests of all may mean at times1 also1 the sacrifice of mere party principles4 ,who ,may ,vote for ,representatives4--,by the words people and electors is meant voters4 ,with the desire to make the ,house of ,representatives the more popular branch1 it was decided to grant the right of voting for a representative to any person who might be privileged to vote for a member of the lower house of the legislature of his ,state4 ,the freedom of a ,state to determine what these qualifications are is limited only by the provisions of the ,fifteenth ,amendment3-- ,amendment ,,xv4 ,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 ,this amendment was proposed by ,congress in ,february1 #ahfi1 and was declared in force1 ,march #cj1 #ahgj4 ,it was for the purpose of granting more complete political rights to the negroes1 recently declared1 by ,amendment ,,xiv1 to be citizens4 ,method and ,time of ,choosing ,representatives4--,the ,constitution prescribes that representatives shall be elected by the people4 ,congress has provided that representatives shall be chosen on the ,tuesday next after the first ,monday in ,november of the even-numbered years4#aa ,congress has also decreed that representatives shall be chosen by districts2 but the ,state legislature has complete control of the districting of its ,state4 ,however1 ,congress has declared that these districts shall be composed of contiguous territory1 and contain1 as nearly as practicable1 an equal number of inhabitants4 ,now1 usage has defined territory to be contiguous when it touches another portion of the district at any one point4 ,as a result of this questionable interpretation1 some ,states have been divided into districts of fantastic shapes1 to promote the interests of the party having the majority in the ,state legislature4#ab ,footnote #aa3 ,the only exceptions to this rule are3 ,maine holds its election on the second ,monday in ,september1 and ,vermont on the first ,tuesday in ,november4 ,footnote #ab3 ,this process is called gerrymandering4 ,see1 also1 ,government in ,state and ,nation1 pp4 #ace1 #acf4 ,proportional ,representation4--,proportional representation1 which is coming into favor in these days1 would doubtless do much toward remedying this abuse4 ,according to the present system of electing representatives by districts1 large minorities of voters are not represented4 ,numerous plans of ,proportional ,representation have been advocated4 ,one such plan is in operation in ,illinois#ac for the election of members to the ,state house of representatives4 ,each district elects three members on a general ticket4 ,the voter may give one vote to each candidate1 or one and a half votes to each of two candidates1 or three votes to a single candidate4 ,therefore1 the minority1 by concentrating their votes on one candidate1 may elect a representative to the legislature1 when under the district system they would not be represented4 ,footnote #ac3 ,on proportional representation1 read ,government in ,state and ,nation1 pp4 #ad1 #ae4 ,qualifications of ,representatives4--,section #b1 ,clause #b4 ,no person shall be a representative who shall not have attained to the age of twenty-five years1 and been seven years a citizen of the ,united ,states1 and who shall not1 when elected1 be an inhabitant of that ,state in which he shall be chosen4 ,in the original ,states there was great diversity of qualifications for members of the lower houses of their legislatures4 ,but some uniform system was necessary for the ,national organization1 and so the few simple requirements of this clause were introduced4 ,it is understood1 however1 that the ,states may not add other qualifications4 ,while a representative must be an inhabitant of the ,state in which he is chosen1 he need not1 so far as the ,constitution requires1 be an inhabitant of the district4 ,but the instances have been few in which a member of the ,house has not been also an inhabitant of the district which he represents4 ,according to the ,english system of representation1 a member of the ,house of ,commons frequently represents a borough or county in an entirely different part of the kingdom from that of which he is an inhabitant4 ,may the ,house refuse to admit a person duly elected and possessing the necessary qualifications8 ,this question arose in the #efth ,congress1 in the case of ,brigham ,roberts of ,utah4 ,he was finally excluded4 ,present ,system of ,apportioning ,representatives4--,section #b of ,amendment ,,xiv contains the rule of apportionment that is now in operation4 ,this became a part of the ,constitution1 ,july #bh1 #ahfh4 ,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 ,the second sentence of this section was framed in the belief that the ,states1 rather than lose a portion of their representatives in ,congress1 would grant the right of suffrage to negroes already declared to be citizens4 ,but proportional reduction of representatives was never put into practical operation1 for before the next apportionment of representatives1 ,amendment ,,xv became a part of the ,constitution1 and negro suffrage was put on the same basis as white4 ,however1 the enforcement of ,section #b of ,amendment ,,xiv has been strongly urged in our own time4 ,this is because it is estimated that many thousands have been disfranchised through the restrictions on the right of suffrage found in several of our ,state constitutions4 ,some require an educational test and others a property qualification for voting4 ,the ,indians not taxed doubtless refers to those ,indians who still maintain their tribal relations or who live on reservations in the several ,states4 ,their member1 according to the census of #aiaj1 was #abi1eah4 ,early ,apportionment4--,the number of representatives to which each of the ,states was originally entitled is given in ,section #b1 ,clause #c1 of the article we are now considering as follows3-- ,representatives and direct taxes shall be apportioned among the several ,states which may be included within this ,union1 according to their respective numbers1 which shall be determined by adding to the whole number of free persons1 including those bound to service for a term of years1 and excluding ,indians not taxed1 three-fifths of all other persons4 ,the actual enumeration shall be made within three years after the first meeting of the ,congress of the ,united ,states1 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 but each ,state shall have at least one representative2 and until such enumeration shall be made1 the ,state of ,new ,hampshire 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 ,the three-fifths rule was rendered void by the adoption of ,amendment ,,xiii1 which abolished slavery1 since there were no longer the other persons4 ,that part of the clause which provides for the laying of direct taxes is still in force4 ,the ,census4--,in order to carry out the provision of the ,constitution1 an actual enumeration was made in #agij4 ,since that date there has been a census every ten years4 ,the taking of the census and the compilation and publication of the statistics connected with it are under the supervision of the director of the census4 ,work on the thirteenth census was begun ,april #ae1 #aiaj1 and required some #fe1jjj enumerators1 #cejj clerks1 and #ahjj special agents4 ,the cost was some #ab1jjj1jjj4 ,the most important volumes found in the report are those on population1#ad manufactures1 and agriculture4 ,the taking of the census will1 in the future1 be more economical and efficient because of the establishment of the permanent census bureau by an act of ,congress in #aijb4 ,footnote #ad3 ,the population of the ,united ,states1 according to the first census1 was #c1ibi1bad4 ,the population in #aiaj was #ia1igb1bff2 including the possessions and dependencies1 #aja1jjj1jjj4 ,ratio of ,representation4--,the ,constitution provided that there should be #fe members in the first ,house of ,representatives4 ,after the first census1 ,congress agreed that there should be one representative for each #cc1jjj of the population4 ,this gave a house with #aje representatives4 ,from that time the ratio of representation has been changed every ten years4 ,otherwise1 with the rapid increase in population1 the ,house would soon become too large4 ,the ratio adopted by the act of #aiaa was one representative to #baa1hgg people4#ae ,after ,march #d1 #aiac1 therefore1 there will be at least #dcc members1 an increase of #db4af ,footnote #ae3 ,for the method of apportionment1 see ,government in ,state and ,nation1 p4 #abh4 ,footnote #af3 ,the number of members in the ,english ,house of ,commons is #fgj2 in the ,french ,chamber of ,deputies1 #ehd2 and in the ,german ,reichstag1 #cif4 ,members from ,new ,states4--,should a new ,state be admitted after the apportionment is made1 its representatives are always additional to the number provided for by law4 ,the ,constitution provides that each ,state shall have at least one representative4 ,if this provision had not been made1 the ,states of ,arizona1 ,delaware1 ,nevada1 and ,wyoming1 each having a smaller population than the ratio adopted in #aiaj1 would not be represented4 ,territorial ,delegates4--,the organized ,territories are each entitled to send a delegate to the ,house of ,representatives4 ,he is allowed to speak on any question that has to do with his ,territory1 but may not vote4 ,vacancies4--,section #b1 ,clause #d4 ,when vacancies happen in the representation from any ,state1 the executive authority thereof shall issue writs of election to fill such vacancies4 ,when a vacancy occurs in the representation from any ,state on account of death1 expulsion1 or for other cause1 it is made the duty of the governor of the ,state in which the vacancy exists to call for a special election in that district to choose a representative for the remainder of the term4 ,officers4--,section #b1 ,clause #e4 ,the ,house of ,representatives shall choose their ,speaker and other officers1 and shall have the sole power of impeachment4 ,the speaker1 who is the presiding officer1 has always been a member of the ,house1 but the ,constitution does not say that he shall be4 ,the other officers are the clerk1 sergeant-at-arms1 doorkeeper1 postmaster1 and chaplain1 none of whom is a member of the ,house4 ,number and ,term of ,office of ,senators4--,section #c1 ,clause #a4 ,the ,senate of the ,united ,states shall be composed of two senators from each ,state1 elected by the people thereof1 for six years2 and each senator shall have one vote4 ,the electors in each ,state shall have the qualifications requisite for electors of the most numerous branch of the ,state legislature4 ,as we have seen1 the provision that there should be two senators from each ,state was the result of a compromise4 ,consequently1 ,new ,york and ,pennsylvania have the same number as ,delaware and ,nevada4#ag ,the term of six years for senators was likewise a compromise measure4 ,there were members of the convention who favored three years2 others wanted nine years1 and ,hamilton desired that the term should be during good behavior4 ,many ,states have practically lengthened the prescribed term by the wise policy of returning acceptable senators for more than one term4 ,footnote #ag3 ,the ,senate now contains #if members2 the ,english ,house of ,lords1 #efj2 and the ,french ,senate1 #cjj4 ,prior to ,april #h1 #aiac1 when the ,seventeenth ,amendment became a part of the ,constitution1 through ratification by the requisite votes of three-fourths of the ,state legislatures1 senators were chosen by the ,state legislatures4 ,for years the demand for such an amendment was insistent4 ,more than two-thirds of the ,state legislatures had gone on record in favor of such a reform4 ,the ,house of ,representatives had passed such a resolution a number of times1 but the requisite two-thirds vote could not be secured in the ,senate4 ,the leading reasons for the amendment were3 the frequent deadlocks in the legislatures1 thus interrupting the course of regular legislation1 and the use of bribery4 ,classes of ,senators and ,vacancies4--,section #c1 ,clause #b4 ,immediately after they shall be assembled in consequence of the first election1 they shall be divided1 as equally as may be1 into three classes4 ,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 so that one-third may be chosen every second year4 ,when vacancies happen in the representation of any ,state in the ,senate1 the executive authority of such ,state shall issue writs of election to fill such vacancies4 ,provided1 that the legislature of any ,state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct4 ,this amendment shall not be so construed as to affect the election or term of any senator chosen before it becomes valid as part of the ,constitution4 ,this provision makes the ,senate a permanent body1 since only one-third of the members go out of office every two years4 ,in the first session of the first ,congress1 the senators were divided into three classes4 ,it has been the custom to place the senators from new ,states in different classes4 ,this is done in order to preserve1 so far as possible1 the equality of numbers in each class4 ,besides1 a ,state is thus enabled to keep one man of experience in the ,senate4 ,when a new ,state is admitted1 the senators from that ,state determine by lot1 drawn in the presence of the ,senate1 which classes they are to enter4 ,qualifications of ,senators4--,section #c1 ,clause #c4 ,no person shall be a senator who shall not hove attained to the age of thirty years1 and been nine years a citizen of the ,united ,states1 and who shall not1 when elected1 be an inhabitant of that ,state from which he shall be chosen4 ,the reasons for requiring different qualifications in senators from those of representatives is expressed in ,the ,federalist as follows3 ,the propriety of these distinctions is explained by the nature of the senatorial trust1 which1 requiring greater extent of information and stability of character1 requires at the same time that the senator should have reached a period of life most likely to supply these advantages4 ,the attitude of ,americans toward the ,senate to-day differs from that manifest during the first quarter century of our history4 ,has the ,senate degenerated is a question frequently asked4 ,the presence in that body of numerous millionaires has also excited unfavorable comment4 ,there have been two instances only in which senators have been disqualified because of inadequate citizenship4 ,times and ,places for ,electing ,senators and ,representatives4--,section #d1 ,clause #a4 ,the times1 places1 and manner of holding elections for senators and representatives shall be prescribed in each ,state by the legislature thereof2 but the ,congress may at any time1 by law1 make or alter such regulations1 except as to the place of choosing senators4 ,it is desirable that ,congress should have the final authority in providing for the election of its own members1 because the very existence of the ,union might otherwise be left1 at times1 to the whims of the ,state legislatures4 ,president of the ,senate4--,section #c1 ,clause #d4 ,the ,vice-,president of the ,united ,states shall be ,president of the ,senate1 but shall have no vote unless they be equally divided4 ,other ,officers4--,section #c1 ,clause #e4 ,the ,senate shall choose their other officers1 and also a ,president pro tempore1 in the absence of the ,vice-,president1 or when he shall exercise the office of ,president of the ,united ,states4 ,the ,vice-,president of the ,united ,states is the presiding officer of the ,senate4 ,he cannot take part in debates1 and has no vote unless there be a tie4 ,in marked contrast with the power of the speaker1 he cannot name the committees1 and has no direct authority in legislation4 ,indeed1 the office is regarded as one of so little influence that it is sometimes difficult to secure1 as candidates for it1 men of recognized prominence4 ,the other officers of the ,senate are secretary1 chief clerk1 sergeant-at-arms1 chaplain1 postmaster1 librarian1 and doorkeeper1 none of whom is a member of the ,senate4 ,it is desirable1 in the absence of the ,vice-,president1 that the ,senate should have a presiding officer4 ,at the opening of the session1 therefore1 that body chooses from its own members a president pro tempore4 ,he may vote on any question1 but cannot cast the deciding vote in case of a tie4 ,when ,congress ,meets4--,section #d1 ,clause #b4 ,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 ,as we have already seen1 representatives are elected for a term of two years4 ,this period defines the length of a ,congress4 ,representatives1 as we know1 are chosen on the first ,tuesday after the first ,monday in ,november4 ,now the term of office of a representative begins legally on the fourth of ,march succeeding the time of his election4#ah ,the first regular session of the ,congress to which he was elected does not begin until the first ,monday of the following ,december1 or thirteen months after the election4 ,it would seem desirable that the members should be given an earlier opportunity to express themselves on the issues upon which they have been chosen4 ,footnote #ah3 ,the limits of the #fc;d ,congress will be ,march #d1 #aiac1 to ,march #d1 #aiae4 ,sessions of ,congress4--,each ,congress has two regular sessions4 ,the first is called the long session1 for its length is not determined by a definite date of adjournment4 ,it usually lasts until midsummer and may not extend beyond the first ,monday in ,december1 the time fixed for the beginning of the next session4 ,the second1 or short session1 cannot extend beyond #ab ,m4 of ,march #d1 the time set for a new ,congress to begin4 ,the ,president may convene ,congress in special session4 ,organization of ,congress4--,the first ,monday in ,december of each second year is a notable day in ,washington1 for the formal opening of a new ,congress is regarded as an important event4 ,the ,house of ,representatives must go through the entire process of organization4 ,to the clerk of the preceding ,house are intrusted the credentials of the members1 and from these he makes out a list of those who are shown to be regularly elected4 ,at the hour of assembly he calls the roll from this list1 announces whether or not a quorum is present1 and states that the first business is to elect a speaker4 ,after his election the speaker takes the oath of office1 which is administered by the member who has had the longest service in the ,house4 ,the speaker then administers the oath to the members by ,states4 ,the election of the chief clerk and the other officers follows1 after which the ,house is said to be organized4 ,the ,senate is a continuing body1 and no formal organization is necessary4 ,at the opening of a new ,congress the ,vice-,president calls the ,senate to order and the other officers resume their duties4 ,after the president pro tempore has been chosen1 the newly elected members are escorted to the desk in groups of four1 and the oath is administered by the president of the ,senate4 ,each house1 when organized1 notifies the other of the fact1 and a joint committee of the houses is appointed to wait upon the ,president and inform him that quorums are present and are ready to receive any communication he may desire to send4 ,the ,house of ,representatives occupies a large hall in the south wing of the capitol4 ,the desks of the members are arranged in a semicircle about that of the speaker1 with the ,republicans on his left and the ,democrats on his right4 ,when a member gains the floor1 he speaks from his own desk or from the space in front of the speaker's desk4 ,unless the question is one of importance1 but little attention is paid to the course of debate4 ,consequently a visitor can hear only with great effort because of the constant din produced by the shuffling of papers1 clapping of hands for pages1 etc4 ,the real work of ,congress1 as we shall see1 is done in committees4 ,the ,senate occupies a hall at the opposite end of the capitol4 ,it is1 of course1 much smaller than that occupied by the ,house1 but is similarly arranged4 ,in general1 the proceedings on the floor of the ,senate are conducted in a much more orderly manner than is usual in the ,house4 99 99 99 99 99 ,,supplementary ,,questions ,,and ,,references4 #a4 ,what is the number of the present ,congress8 ,give the dates for the beginning and end of each session4 #b4 ,in the ,states which have woman suffrage1 may women vote for representatives8 #c4 ,it is not required by law that a representative shall reside in the district that he represents1 but it is an established custom4 ,what are its advantages and disadvantages8 ,compare with the ,english practice4 ,bryce1 ,american ,commonwealth1 ,i1 ,chapter #ai4 #d4 ,are the ,states which allow women the right to vote justified in the enactment of their suffrage laws8 #e4 ,ought ,section #b1 ,amendment ,,xiv1 to be enforced8 ,rev4 of ,r's1 #bb3bgc-bge1 #fec1 #fed2 #bd3fdi-fea2 ,forum1 #ca3bbe-bcj2 #cb3dfj-dfe2 ,n4 ,am4 ,rev41 #afh3bhe-bif2 #agj3ghe-hja2 #age3ecd-edc2 ,outlook1 #fi3gea4 #f4 ,state the points of likeness and of difference between the ,house of ,representatives and the ,house of ,commons4 ,n4 ,am4 ,rev41 #agj3gh-hf4 #g4 ,give the number of representatives to which your ,state is entitled4 ,was the number increased in the last apportionment8 ,how large is your ,congressional district8 ,population8 #h4 ,compare the area of your district with that of other districts in your ,state2 also with the population of other districts4 ,compare the number of votes cast for representative in your district with the number cast in districts of other ,states in different sections of the country4 ,how do you account for the variation8 ,see ,new ,york ,world ,almanac4 #i4 ,some interesting facts connected with the apportionment of #aija are given in the ,forum1 #cj3efh-egg4 #aj4 ,for the ,reapportionment ,law of #aija1 see ,outlook1 #fg3acf4 #aa4 ,for accounts of the methods by which a census is taken1 see ,american ,census ,methods1 ,forum1 #cj3aji-aai4 ,census of #aiaj1 ,rev4 of ,r's1 #da3ehi-eif2 #djd1 #dje4 #ab4 ,who are some of the best-known representatives and senators8 ,for what reasons are they noted8 #ac4 ,who are the senators from your ,state8 ,when was each elected8 #ad4 ,give the names of the speaker and of the president pro tempore4 #ae4 ,would you have voted for the ,seventeenth ,amendment8 ,see ,outlook1 #fg3eei-fjd2 #gc3bgg-bhe2 #chf-cib4 ,for other references1 see ,james and ,sanford1 ,government in ,state and ,nation1 p4 #acg4 ,,chapter ,,viii4 ,,powers ,,and ,,duties ,,of ,,the ,,separate ,,houses4 ,i4 ,,impeachment4 ,article ,,ii1 ,section #d4 ,the ,president1 ,vice-,president 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 ,article ,i1 ,section #b1 ,clause #e4 ,the ,house of ,representatives shall 444 have the sole power of impeachment4 ,section #c1 ,clause #f4 ,the ,senate shall have the sole power to try all impeachments4 ,when sitting for that purpose1 they shall be on oath or affirmation4 ,when the ,president of the ,united ,states is tried1 the ,chief ,justice shall preside2 and no person shall be convicted without the concurrence of two-thirds of the members present4 ,section #c1 ,clause #g4 ,judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor1 trust1 or profit under the ,united ,states2 but the party convicted shall nevertheless be liable and subject to indictment1 trial1 judgment1 and punishment according to law4 ,there have been but seven impeachment trials in the history of our government4 ,section #d of ,article ,,ii declares who may be impeached4 ,the expression civil officer does not include military and naval officers4 ,they are subject to trial by court-martial4 ,members of ,congress may not be impeached1 since the ,constitution authorizes each house to bring to trial and punish its own members4 ,clause #e of ,section #b1 and ,clauses #f and #g of ,section #c1 ,article ,i1 give the method of procedure against an officer who may be charged with treason1 bribery1 or other high crimes and misdemeanors4 ,the articles of impeachment preferred by the ,house of ,representatives correspond to the indictment in a criminal trial4 ,the manner of conducting an impeachment trial1 in the ,senate1 resembles also a trial by jury4#ai ,that the ,chief ,justice shall preside during the trial of the ,president of the ,united ,states is a wise provision1 because it is easy to presume that a ,vice-,president might be personally interested in the conviction of a ,president4 ,footnote #ai3 ,see ,government in ,state and ,nation1 p4 #aei4 ,,ii4 ,,the ,,quorum1 ,,journal1 ,,and ,,freedom ,,of ,,speech4 ,determination of ,membership and ,quorums4--,section #e1 ,clause #a4 ,each house shall be the judge of the elections1 returns1 and qualifications of its own members1 and a majority of each shall constitute a quorum to do business2 but a smaller number may adjourn from day to day1 and may be authorized to compel the attendance of absent members1 in such manner and under such penalties as each house may provide4 ,in #aijj the right of a senator to a seat in the ,senate was challenged by the citizens of his ,state on the ground that his election was secured through bribery and corruption4 ,in a memorial of the citizens forwarded by the governor1 the matter formally came before the ,senate4 ,the case was referred to the ,committee on ,privileges and ,elections1 which unanimously reported1 after careful deliberation1 that the senator was not duly and legally elected by the legislature of his ,state4 ,the committee found that he had obtained through illegal and corrupt practices more than eight votes which would otherwise have been cast against him and changed the result4 ,before a vote was taken in the ,senate on this resolution the senator resigned his seat4 ,in the ,house the name of the person possessing the certificate of election signed by the governor of his ,state is entered on the roll of the ,house1 but the seat may still be contested4 ,many cases of contested elections are considered by each new ,house4 ,there were thirty-two seats contested in the #edth ,congress4 ,such cases are referred to the ,committee on ,elections1 which hears the testimony1 and presents it to the ,house for final decision4 ,each of the cases when presented to the ,house consumes from two to five days which might otherwise be used for the purposes of legislation4 ,the law provides that no more than #bjjj shall be paid either of the contestants for expenses1 but even then1 it is estimated1 these contests cost the government1 all told1 #dj1jjj annually4 ,when the decision is rendered by the ,house1 the vote is1 in most cases1 strictly on party lines1 regardless of the testimony4 ,in view of these facts1 it has been suggested that the ,supreme ,court decide all contested elections4 ,how a ,quorum is ,secured4--,if it appears1 upon the count of the speaker1 or upon the roll-call of the ,house1 that a majority is not present1 business must be suspended until a quorum is secured4 ,fifteen members1 including the speaker1 may be authorized to compel the attendance of absent members4 ,this is accomplished as follows3 the doors of the ,house are closed1 the roll is called1 and absentees noted4 ,the sergeant-at-arms1 when directed by the majority of those present1 sends for1 arrests1 and brings into the ,house those members who have not sufficient excuse for absence4 ,when a quorum is secured1 business is resumed4 ,rules and ,discipline4--,section #e1 ,clause #b4 ,each house may determine the rules of its proceedings1 punish its members for disorderly behavior1 and1 with the concurrence of two-thirds1 expel a member4 ,the ,journal4--,section #e1 ,clause #c4 ,each house shall keep a journal of its proceedings and from time to time publish the same1 excepting such parts as may in their judgment require secrecy2 and the yeas and nays of the members of either house on any question shall1 at the desire of one-fifth of those present1 be entered on the journal4 ,our ,knowledge of ,congressional ,proceedings4--,as citizens in a republican government1 it is our duty to keep informed on the problems which our representatives are called upon to solve4 ,means of gaining information are not wanting4 ,the public galleries of both houses are usually open to visitors4 ,the official record of the proceedings of ,congress is made known to the public through the ,journal1 which is read at the opening of each day's session4 ,reports of the debates do not appear in the ,journal1 but are published each day in the ,congressional ,record4 ,another means of keeping constituents informed on the position of their representatives is through the recording in the ,journal of the vote of each member when demanded by one-fifth of those present4 ,in voting by the yeas and nays1 the clerk calls the roll of members and places after each name1 yea1 nay1 not voting1 or absent4 ,the ,senate rules specify this as the only method of voting4 7,other methods of voting in the ,house are indicated on page #gg47 ,power to ,adjourn4--,section #e1 ,clause #d4 ,neither house1 during the session of ,congress1 shall1 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 ,if there is a disagreement between the two houses with respect to the time of adjournment1 the ,president may adjourn them to such a time as he thinks proper4 ,this right has never yet been exercised4 ,compensation and ,freedom from ,arrest4--,section #f1 ,clause #a4 ,the senators and representatives shall receive a compensation for their services1 to be ascertained by law1 and paid out of the treasury of the ,united ,states4 ,they shall in all cases1 except treason1 felony1 and breach of the peace1 be privileged from arrest during their attendance at the sessions of their respective houses1 and going to and returning from the same2 and for any speech or debate in either house1 they shall not be questioned in any other place4 ,should the members of ,congress be paid a salary1 or should the office be regarded as exclusively one of honor8 ,these questions were discussed at length in the ,constitutional ,convention4 ,some of the delegates favored the ,english custom1 by which members of ,parliament receive no salary4 ,it was finally concluded to adopt the provisions as given1 in order that men of ability1 though poor1 might become members of the ,national ,legislature4 ,by a law of #aghi the compensation of senators and representatives was fixed at six dollars per day and thirty cents for every mile traveled1 by the most direct route1 in going to and returning from the seat of government4 ,prior to #ahgc this amount was changed several times by act of ,congress4 ,the compensation then agreed upon and until #aijg was #ejjj per year1 with mileage of twenty cents1 and #abe per annum for stationery4 ,the speaker received #hjjj a year and mileage4 ,the president pro tempore received the same amount while acting as president of the ,senate4 ,to many people #ejjj seemed a large salary1 but the great expense of living in ,washington renders the salary quite inadequate4 ,members have been known to pay more than their salaries for house-rent alone4 ,accordingly1 in #aijg1 the salary of senators and representatives was increased to #gejj and that of the speaker and president pro tempore of the ,senate to #ab1jjj4 ,to ,hold ,other ,offices4 ,disqualification4--,section #f1 ,clause #b4 ,no senator or representative shall1 during the time for which he is elected1 be appointed to any civil office under the authority of the ,united ,states which shall have been created1 or the emoluments whereof shall have been increased1 during such time2 and no person holding any office under the ,united ,states shall be a member of either house during his continuance in office4 ,the purpose of this provision seems to have been to remove the temptation on the part of ,congressmen to create offices1 or to increase the emoluments of those already existing1 in order to profit by such legislation4 ,the exclusion of ,united ,states officials from seats in ,congress was due to the desire of appeasing ,state jealousy1 which asserted that the ,national government would in this way secure an undue influence over the ,state governments4 ,it is advocated1 with good reason1 that members of the ,cabinet should be privileged to take part in the discussion of measures in ,congress which pertain to their own departments4 ,alexander ,hamilton asked for this privilege4 ,it was refused because of the belief that he would exert too great influence over the members4 ,the precedent thus established has always been retained4 ,but since executive officers are often invited to present their views before committees of ,congress1 they may1 in this way1 exert great influence upon legislation4 ,,chapter ,,ix4 ,,how ,,laws ,,are ,,made ,,by ,,congress4 ,methods of ,procedure ,developed by ,custom4--,very little can be learned directly from the ,constitution concerning the actual methods employed in the enactment of laws by ,congress4 ,in both houses the ways in which business is conducted have been developed by custom2 and they have changed from time to time according to circumstances4 ,these methods of procedure are different from those in use when the government was new4 ,the principal reason for this is found in the growth of the amount of business that ,congress must consider2 this1 in turn1 has been caused by the growth of population and wealth1 and by the expansion of business relations throughout this country and with other nations4 ,i4 ,the ,committee ,system4--,an understanding of this system is necessary in order that we may follow the steps taken in the making of laws4 ,two facts made the committee system necessary in the houses of ,congress4 7#a7 ,the number of members1 especially in the ,house of ,representatives1 is so large that business cannot be transacted quickly by the entire body4 7#b7 ,the number of bills introduced is so very great that it is impossible for either house to consider all of them2 hence it is necessary that committees shall examine the bills and decide which are worthy of consideration4 ,in the long session of the #fast ,congress more than #cc1jjj bills were introduced into the ,house4 ,the number of committees in the ,house was #fa1 the membership varying from #e to #ai4 ,the most important ,house committees are those on ,ways and ,means 7which has charge of all bills for raising revenue71 ,appropriations1 ,banking and ,currency1 ,foreign ,affairs1 and ,military ,affairs4 ,in the ,senate of the #fast ,congress there were #gb standing committees4 ,the number of members on a committee was in most cases #i or #aa4 ,a few of the ,senate committees are those on ,finance 7corresponding to the ,committee on ,ways and ,means in the ,house71 ,agriculture1 ,commerce1 and ,foreign ,relations4 ,both in the ,house and in the ,senate every member is on some committee1 and some members have places on several committees4 ,in both houses the committees are elected4 ,the chairman and a majority of the members of each committee are from the members of the party that has a majority in the house4 ,steps in the ,progress of a ,bill4--7#a7 ,the first step in the progress of a bill is its introduction4 ,this is done in the ,house by merely placing the bill in a basket on the clerk's desk4 ,in the ,senate the member introducing a bill rises and asks leave to introduce it4 7#b7 ,the bill is next referred to a committee4 7#c7 ,if the committee decides that the bill should go further they report it back to the house4 ,the house will in a great majority of cases pass or reject it according to the committee's recommendation4 ,few bills are debated in either house1 and in the most of these cases the discussion has no influence upon the fate of the bill--it is meant merely to be heard or to be printed4 ,hence1 it is in that intermediate stage between the reference of the bill to a committee and the report on it that the real work of legislation is accomplished4 ,the ,power of ,committees over ,bills4--,a committee may exercise the utmost freedom with respect to the bills referred to it4 ,the greater number of bills receive no consideration whatever from the committees2 these may never be reported if the committees see fit to ignore them4 ,other bills are amended by the committees1 or new bills are substituted for them4 ,such is the power intrusted to ,congressional committees4 ,however1 if a majority of the house wishes1 it may take up for discussion a bill which one of its committees has decided not to report back4 ,many of the important committees have separate rooms where their meetings are held4 ,here the members may confer in secret1 or they may hold public hearings2 i4e41 persons are invited to give testimony or to make arguments4 ,frequently the majority members of a committee hold separate meetings1 determine their policy1 and then adhere to it regardless of the wishes of the minority members4 ,the latter may present a separate report called the minority report of the committee4 ,consideration of ,bills4--7#d7 ,in the next step1 the bill is brought before the house for consideration4 ,how is it determined which bills shall be thus favored8 ,in some measure this depends upon the importance and the merits of the bill2 but it depends more upon the skill and influence of the member 7generally the chairman of the committee reporting the bill7 who is particularly interested in seeing it enacted into law4 ,in the ,house of ,representatives this important matter is most often decided by the ,committee on ,rules1 which is composed of ten members1 six being of the party that has a majority in the ,house4 ,in most cases this committee decides which bills shall be considered1 and how much time shall be given to the discussion of each one4 ,so it is necessary for the chairman of a committee to make a previous arrangement with the speaker to be recognized before he can bring up his bill4 ,but on ,wednesday of each week the chairmen of committees may call up their bills in the order in which they secure recognition4 ,and the ,committee on ,rules does not control the bills which the ,house takes out of the hands of committees4 ,,ii4 ,the ,power of the ,speaker4--,the speaker is the executive officer who sees that the decisions of the ,committee on ,rules are carried out4 ,in most important matters it is necessary for a member to make an arrangement with the speaker in order to secure recognition when he wishes to address the ,house4 ,in exercising the power of recognition1 the speaker will1 of course1 give both the sides a fair opportunity to debate upon important measures4 ,he will not permit members to make motions or lengthy speeches merely for the sake of delaying some action to which they are opposed4 ,such actions are called obstructive tactics1 or filibustering4 ,the ,lobby1 ,log-rolling1 and ,patronage4--,not all the bills that come before ,congress are passed or rejected because they are wise or unwise4 ,the influences that determine the course of legislation at ,washington are very numerous and complicated4 ,some of these influences are to a greater or less extent legitimate1 and others are totally bad4 ,the lobby1 in its broadest sense1 is composed of all those persons who go to ,washington in order to exert pressure upon ,congressmen in favor of or against certain measures4 ,some of the best laws and some of the worst are enacted through the influence of the lobbyist4 ,log-rolling is an important influence in determining legislation2 a member votes for the pet measure of his fellow ,congressman on condition that the latter will vote for the bill in which he is particularly interested4 ,political patronage is a great factor in determining votes in ,congress2 the power of members to recommend appointments1 and the influences exerted in their favor by the appointees1 often determine the question of their continuance in office4 ,consequently1 there is a great temptation to use patronage in exchange for votes4 ,the use of money directly in bribery is difficult of detection1 but other favors and privileges of money value are no less effective in the purchase of the votes of those members who are so unscrupulous as to be open to such influences4 ,debate in ,congress4--,it is now apparent that many other things besides the arguments used in debate determine which bills shall pass and which shall fail4 ,in the ,house the time for debate is strictly limited1 on account of the amount of business4 ,the chairman of the committee reporting a bill generally has one hour in which to urge the passage of his measure2 for a portion of the time he may yield the floor to other members1 both friends and opponents of the bill4 ,of course1 much more than one hour is given to debate on important bills4 ,many of the speeches which are printed in the ,congressional ,record have not been delivered2 but they are intended for circulation among the constituents of representatives1 and for use as campaign documents4 ,many of the speeches that are actually delivered receive scant attention2 the lack of interest in them is made evident by the noise and confusion that very often prevail during sessions of the ,house4 ,senate ,procedure4--,in the ,senate debate is not limited4 ,senators are expected to regard each other's rights with respect to the amount of time and attention they may demand2 yet a bill may be talked to death in the ,senate4 ,as a result1 the ,senate is less business-like in its procedure than the ,house1 and some means of checking unlimited discussion have often been proposed for it4 ,conference ,committees4--,a bill which has passed one house must be sent to the other4 ,here it is introduced and goes through the stages above described4 ,if one house amends a bill which has already passed the other1 it must be returned for re-passage to the house where it originated4 ,this is a frequent cause of conflict between the two houses1 and each tries to insist on its rights4 ,when such a dispute cannot be easily adjusted1 a conference committee must be appointed4 ,this is composed of members from each house1 and they endeavor to arrange a compromise which will be acceptable to both houses4 ,generally their decision is ratified without question1 but sometimes even this method of settlement fails4 ,methods of ,voting4--,there are three methods of voting in ,congress4 7#a7 ,members respond aye or no by acclamation4 7#b7 ,if a division is called for1 a rising vote is taken and the members are counted4 ,in the ,house the counting is done by two tellers1 who stand near the speaker's desk1 while the members pass between them in single file1 first those voting in the affirmative1 and afterward those opposing the motion4 7#c7 ,when the yeas and nays are called for1 or whenever the rules of either house require them1 the roll is called and each member votes as he responds to his name4 ,this vote is entered on the ,journal4 ,after the roll-call is completed1 the presiding officer announces the pairs4 ,members who belong to different political parties may agree that they shall be recorded on opposite sides of party questions1 whether they are present or not4 ,or pairs may be arranged for particular votes only4 ,this device enables a member to be absent from his seat without feeling that his vote is needed4 ,the ,president's ,power in ,law-,making4--,a bill which has received a majority vote in both houses is next sent to the ,president4 ,article #a1 ,section #g1 ,clause #b4 ,every bill which shall have passed the ,house of ,representatives and the ,senate shall1 before it become a law1 be presented to the ,president of the ,united ,states2 if he approve he shall sign it1 but if not 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 journal and proceed to reconsider it4 ,if after such reconsideration 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 reconsidered1 and if approved by two-thirds of that house it shall become a law4 ,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 house respectively4 ,if any bill shall not be returned by the ,president within ten days 7,sundays excepted7 after it shall have been presented to him1 the same shall be a law1 in like manner as if he had signed it1 unless the ,congress by their adjournment prevent its return1 in which case it shall not be a law4 ,there are then three ways in which a bill may become a law4 7#a7 ,it may pass by majority vote in both houses and be signed by the ,president4 7#b7 ,it may1 after being vetoed by the ,president1 be passed by two-thirds vote in both houses4 7#c7 ,it will become a law if the ,president neither signs nor vetoes it within ten days1 unless these are at the end of the session4 ,the framers of the ,constitution intended that the veto power should be a check1 though not an absolute one1 upon hasty or unwise legislation4 ,the ,president may cause a bill to fail by neither signing nor vetoing it during the last ten days of a session4 ,the term pocket veto has been applied to this method of defeating bills4 ,,supplementary ,,questions ,,and ,,references4 #a4 ,copies of the ,congressional ,record and the ,congressional ,directory furnish interesting illustrations of the topics treated in this chapter4 #b4 ,what difference is there in the granting of recognition in the ,senate and ,house8 ,harrison1 ,this ,country of ,ours1 #de-dh4 #c4 ,how are obstructive tactics carried on8 ,alton1 ,among the ,law-makers1 ,chapter #bj4 #d4 ,reinsch1 ,young ,citizen's ,reader1 #aih-bac4 ,marriott1 ,uncle ,sam's ,business1 #h-af4 ,,chapter ,x4 ,,some ,,important ,,powers ,,of ,,congress4 ,i4 ,,national ,,finances4 ,the ,power of ,taxation4--,when we speak of the finances of a country1 we mean its revenues and expenditures4 ,revenues have their origin chiefly#bj in taxation1 and the power vested in ,congress by virtue of which taxes are imposed and collected is found in the following clause3 ,article ,i1 ,section #h1 ,clause #a4 ,the ,congress shall have power to lay and collect taxes1 duties1 imposts and excises1 to pay the debts and provide for the common defense and general welfare of the ,united ,states2 but all duties1 imposts and excises shall be uniform throughout the ,united ,states4 ,footnote #bj3 ,considerable sums are derived by our ,national government from the sale of public lands4 ,see ,chapter on ,territories and ,public ,lands4 ,duties on ,imports4--,the two forms of taxes relied upon by the ,united ,states for its revenues are 7#a7 duties and 7#b7 excises4#ba ,a duty is a tax levied upon goods that are imported into the ,united ,states4#bb ,the merchant doing business in ,new ,york1 for example1 cannot obtain possession of the goods he has imported until the officers of the custom-house at that port have examined the invoice1 or the list of articles in each package1 with their prices2 and the officers may examine the goods1 also1 to see if they correspond in amount and quality to the statements of the invoice4 ,the importer then pays to the collector of the port of ,new ,york the amount of the duty levied on his importation4 ,footnote #ba3 ,the terms duties and imposts have nearly the same meaning4 ,footnote #bb3 ,duties on exports are prohibited in ,section #i1 ,clause #e1 of ,article ,i3 ,no tax or duty shall be laid on articles exported from any ,state4 ,kinds of ,duties4--,these are of two kinds4 7#a7 ,specific duties are fixed amounts levied on certain units of measurement of commodities1 as the pound1 yard1 or gallon4 ,under the tariff law of #aiji the duty on tin-plate was one and two-tenths cents for each pound4 7#b7 ,ad valorem duties are levied at a certain rate per cent on the value of the articles taxed4 ,the law of #aiji laid a duty of #fj per cent on lace manufactures4 ,on some articles both kinds of duties are levied4 ,under the law just mentioned1 the duties on carpets and rugs were #aj cents per square foot and #dj per cent ad valorem in addition4 ,passengers on steamships coming from foreign countries are required to declare what dutiable goods they have among their baggage1 each person being allowed to enter #ajj worth of goods free of duty4 ,upon landing1 their baggage is examined2 trunks and valises are opened1 and in suspected cases the persons of travelers are searched for concealed dutiable goods4 ,the temptation to undervaluation and to smuggling1 in order to escape this form of taxation1 is so great that constant vigilance is necessary at custom-houses and along the borders of the ,united ,states to prevent these frauds4 ,special agents and revenue cutters are employed to detect violations of the law4 ,tariff ,laws4--,a tariff is the list of the rates of duties fixed by law4 ,an importer of foreign goods must consider the amount of the duties he has paid as part of the cost of the goods when he sells them4 ,if a higher price is caused in this way1 less of such goods will be imported and the production of the goods in this country will be encouraged4 ,consequently1 high rates of duties may have a decided influence upon the industries of a country4 ,when the rates of duties are so fixed as to bring about this result1 we have a protective tariff2 i4e41 one under which persons can produce in this country certain articles which otherwise they could not produce1 because of their cheapness when imported from a foreign country4 ,the duties are made so high that it is not profitable to import the articles4 ,when rates of duties are fixed primarily with the object of raising revenue1 and without regard to their effect upon the industries of the country1 we have a tariff for revenue4 ,this kind of tariff is generally meant when the term free trade is used4 ,articles on which no duties are imposed are said to be on the free list4 ,there is no country which fails to collect duties on some of its importations4 ,reciprocity ,agreements4--,the ,united ,states has entered into reciprocity treaties with various countries for securing the reduction of tariff rates4 ,each country agrees to admit certain products of the other country at reduced rates1 or free of duty4 ,these are generally commodities in the production of which there is little or no competition between the parties to the treaty4 ,internal ,revenue ,taxes4--,excises are taxes laid upon the manufacture and sale of certain products within the country4 ,at the present time these internal revenue taxes are levied by the ,national government upon liquors1#bc tobacco1 snuff1 opium1 oleomargarine1 filled cheese1 mixed flour1 and playing cards4 ,the greater number of these taxes are paid by the purchase of stamps1 which must be affixed1 in the proper denominations1 to the articles taxed4 ,when the packages are broken1 the stamps must be destroyed so that they cannot be used again4 ,footnote #bc3 ,taxes are levied1 not only upon the liquors themselves1 but upon the business of brewing and rectifying2 of selling by wholesale and by retail2 of manufacturing stills2 and upon the stills themselves4 ,a list of these taxes may be obtained from the collector of any internal revenue district4 ,war ,taxes4--,because taxes of this kind are so easily collected1 the government has extended them to a great number of articles when it suddenly needed a large revenue1 as in the ,war of #ahab1 the ,civil ,war1 and the ,spanish ,war of #ahih4 ,the law of #ahih increased the taxes on liquors and tobacco1 and imposed new taxes on 7#a7 proprietary articles1 and 7#b7 documents4 ,under the first heading fall patent medicines and compounds of various kinds4 ,documentary taxes#bd were imposed upon legal papers1 such as deeds1 mortgages1 etc41 and also upon bank checks and drafts1 telegraph and telephone messages1 and express receipts4 ,under this law the internal revenue receipts rose from #agj1jjj1jjj in #ahih1 to #bgc1jjj1jjj in #ahii4 ,congress has repealed these special war taxes4 ,footnote #bd3 ,these were exactly like those imposed by ,parliament in the ,stamp ,act of #agfe4 ,corporation ,tax4--,in #aiji ,congress levied a tax upon corporations4 ,every corporation doing interstate business is required to report its earnings and its expenses4 ,the difference between these amounts is its net earnings4 ,the law requires the payment of one per cent of the net earnings that are in excess of #ejjj4 ,rules for ,levying ,taxes4--,the ,constitution contains three rules by which ,congress must be guided in the levying of taxes4 ,we have seen1 ,article ,i1 ,section #h1 ,clause #a1 that duties1 imposts and excises must be uniform throughout the ,united ,states2 that is1 the same rates must prevail everywhere4 ,another provision1 ,article ,i1 ,section #b1 ,clause #c1 is that representatives and direct taxes shall be apportioned among the several ,states 444 according to their respective numbers4#be ,footnote #be3 ,see also ,article #a1 ,section #i1 ,clause #d3 ,no capitation1 or other direct1 tax shall be laid unless in proportion to the census or enumeration hereinbefore directed to be taken4 ,the third provision is the ,sixteenth ,amendment1 which became a part of the ,constitution in ,february1 #aiac3 ,article #af4 ,the ,congress shall have power to lay and collect taxes on incomes1 from whatever source derived1 without apportionment among the several ,states1 and without regard to any census or enumeration4 ,we have1 therefore1 the following classification3-- ,i4 ,direct persons1#bf ,must be apportioned among taxes1 lands1 the ,states according to levied on population4 ,,ii4 ,indirect duties1 ,must be uniform throughout taxes imposts1 the ,united ,states4 excises1 income taxes4 ,footnote #bf3 ,these are poll taxes4 ,such a tax was levied on slaves in #agih and #ahac4 ,so far1 we have discussed the indirect taxes only1 for at present the ,united ,states levies no direct taxes4 ,in our previous history1 however1 the government has imposed all the kinds of taxes mentioned in the outline above4 ,in levying a direct tax1 ,congress must determine the total amount to be raised 7as #b1jjj1jjj in #agih1 and #bj1jjj1jjj in #ahfa71 and then apportion this amount among the ,states1 according to their population4 ,the bills introduced into ,congress which provide for taxation are called bills for raising revenue4 ,they must originate in the ,house of ,representatives 7,article ,i1 ,section #g1 ,clause #a74 ,the ,committee on ,ways and ,means frames these bills4 ,in the ,senate such bills are referred to the ,committee on ,finance1 and here the bills may be amended4 ,the ,appropriation of ,money4--,appropriation bills are those which provide for the expenditure of the government's funds1 and these bills are in charge of the committee on appropriations in each house4 ,below is a list of the principal items in the revenues and appropriations for the year ending ,june #cj1 #aiaj4 ,,revenues4 ,duties #ccc1jjj1jjj ,internal revenue #bij1jjj1jjj ,miscellaneous #eb1jjj1jjj ----------- ,total #fge1jjj1jjj ,,expenditures4 ,war ,department #aef1jjj1jjj ,navy ,department #abc1jjj1jjj ,indian ,bureau #ah1jjj1jjj ,pensions #afj1jjj1jjj ,interest on public debt #ba1jjj1jjj ,civil list and miscellaneous #ahj1jjj1jjj ----------- ,total #fei1jjj1jjj ,the ,power to ,borrow ,money4--,we have now seen how money is provided for the government under ordinary circumstances4 ,in extraordinary cases this revenue is not sufficient2 accordingly1 ,congress has been given power by ,article #a1 ,section #h1 ,clause #b1 ,to borrow money on the credit of the ,united ,states4 ,money is borrowed in most cases by the sale of bonds4 ,these are of the same nature as the promissory notes by which individuals obtain loans4 ,national bonds state the promise of the ,united ,states to pay a certain amount1 at a stated time1 with interest4 ,a registered bond contains the name of the owner1 and this is a matter of record at the ,treasury ,department4 ,when this bond is sold1 the record must be changed4 ,coupon bonds are usually payable to bearer2 they have attached to them a number of coupons equal to the number of interest payments due during the term of the bond4 ,each of these is cut off as the payment becomes due1 and can be cashed at any bank4 ,bonds are bought and sold on the market1 and their prices are quoted in the daily papers4 ,when the bonds fall due1 they are redeemed by the government at their face value1 or at par4 ,on the market all ,united ,states bonds are now selling at a premium4 ,issues of bonds were made in #ahih1 the rate of interest being #c per cent1 and in #aijj1 the rate being #b per cent4 ,the ,public ,debt ,statement issued monthly by the ,treasury ,department gives the divisions of the bonded debt and the amount outstanding4 ,on ,december #a1 #aiaj1 the amount of the interest-bearing debt was #iac1jjj1jjj4 ,,ii4 ,,the ,,power ,,of ,,congress ,,over ,,commerce4 ,the ,control of ,commerce4--,the power over commerce1 which we are next to discuss1 was given to ,congress because the history of the country under the ,articles of ,confederation showed clearly that ,state control of commerce resulted in confusion and constant disputes4 ,it is necessary that merchants and ship-owners should conduct their business under laws that are as uniform as possible4 ,it is also necessary that they should be certain as to the terms of the law4 ,these conditions could not exist if each ,state were to make laws controlling the commerce going to other ,states and to foreign countries4 ,the ,constitution gives ,congress the power1 in ,article ,i1 ,section #h1 ,clause #c1 ,to regulate commerce with foreign nations1 and among the several ,states1 and with the ,indian tribes4 ,not all commerce that is carried on by the citizens of this country is subject to control by ,congress4 ,there is a vast amount of commerce that is carried on entirely within the limits of the different ,states4 ,over this commerce ,congress has no power2 it is regulated by ,state laws relating to trade and transportation4 ,interstate ,commerce4--,the distinction between ,state and interstate commerce is not readily seen in many cases2 but in general it may be said that if a commodity starts in one ,state destined for another1 its control throughout its course lies within the power of ,congress4 ,this principle applies to both land and water transportation4 ,so the coast trade among the ,states lies within the jurisdiction of ,congress2 also1 commerce upon those rivers that form highways between different ,states4 ,the harbors and waterways of the ,united ,states have been improved by the expenditure of many millions of dollars4 ,this money has been appropriated in the ,river and ,harbor ,bills that are passed by almost every ,congress4 ,the ,interstate ,commerce ,law4--,the importance of railroad transportation led to the enactment1 in #ahhg1 of the ,interstate ,commerce ,law1 controlling this form of commerce4 ,the law became necessary because of certain abuses which had arisen4 ,in many instances the railroads gave lower freight rates to certain persons than to others doing the same kind of business2 again1 the merchants or manufacturers of certain cities were favored by more liberal rates than could be obtained by those who were engaged in the same industries in other cities4 ,as a result1 the business of many persons and places suffered injury1 while the business of their rivals prospered through the advantages given to them by the railroads4 ,in consequence of these and other evils1 various laws1 beginning with that of #ahhg1 have been passed to control not only railroad and steamboat lines1 but also telegraph1 telephone1 express1 and sleeping-car companies in so far as they are engaged in interstate and foreign commerce4 ,some provisions of these laws will now be stated1 7#a7 ,charges must be just and reasonable4 ,the ,interstate ,commerce ,commission has power to decide what is reasonable1 and to fix rates1 after an investigation4 7#b7 ,it is unlawful to give one person or corporation a better rate than another for the same service4 ,this is called discrimination4 ,passes cannot be granted1 except to employees4 7#c7 ,all rates must be posted where they can be consulted by any person4 7#d7 ,all companies engaged in interstate commerce must open their books to inspection by the commission and must make reports that they require4 7#e7 ,if any person objects to a decision of the commission1 he may appeal to the ,commerce ,court1 which has been created to consider such cases4 ,the ,control of ,trusts4--,among the abuses arising in connection with interstate commerce are those which result when persons enter into agreements or combinations to prevent free competition2 for under these circumstances prices are raised1 or certain persons are favored in trade4 ,in #ahij1 ,congress passed a law prohibiting such combinations in restraint of trade or commerce among the several ,states or with foreign nations4 ,this is known as the ,sherman ,anti-trust ,law4-,now1 a trust is simply a large corporation which has absorbed or killed off1 more or less completely1 other establishments engaged in the same industry4 ,the trust may or may not have a monopoly1 that is1 complete control in that line of business2 and it may or may not be engaged in interstate commerce4 ,an agreement among certain1 railroad companies to establish and maintain freight rates was declared to be in violation of the law of #ahij4 ,also1 a combination1 or conspiracy1 among railroad employees to stop the running of trains was declared illegal4 ,the trust problem1 which is so prominent in current political discussion1 is the question of preventing the evils of combination in industry4 ,these evils become evident when excessive prices are charged by persons who control certain lines of business2 that is1 when free competition is prevented in the production1 transportation1 or sale of commodities4 ,if the business conducted by a trust lies entirely within the limits of a single ,state's boundaries1 then it must be regulated by ,state law4 ,,iii4 ,,the ,,money of ,,the ,,united ,,states4 ,our ,national ,currency4--,another of the most important powers of ,congress is that granted in the following clause3-- ,article ,i1 ,section #h1 ,clause #e4 ,to coin money1 regulate the value thereof1 and of foreign coin1 and fix the standard of weights and measures4 ,in civilized countries it is the practice of the government to furnish the people a circulating medium for use in trade and commerce4 ,two kinds of money are in use in the ,united ,states3 7#a7 coin or specie2 and 7#b7 paper money4 ,the total amount of money in circulation in the ,united ,states on ,november #a1 #aiaj1 was #c1abd1fgi1jeg or #ce4ja per capita for the whole population4 ,we shall first consider the coins of the nation4 ,how ,coins ,are ,made4--,the coinage of money takes place at the mints1 which are located at ,philadelphia1 ,denver1 ,new ,orleans1 and ,san ,francisco4 ,gold and silver come to the mints in the form of bricks1 or rough bars1 to which the term bullion is applied4 ,alloy must be added to the pure metal for the purpose of rendering it of sufficient hardness to withstand wear4 ,in our gold and silver coins one-tenth of the weight is an alloy composed of copper and nickel4 ,a quantity of the bullion of the required purity is first melted and then cast into ingots1 or long bars4 ,each bar is next run between heavy rollers until it takes the form of a thin strip4 ,from the strip are punched round pieces1 called blanks1 of the size and thickness of the coin that is being made4 ,in the next process the blank is weighed on a delicate balance2 when found to be of the correct weight1 the coin is placed in a powerful press1 and from this it comes with its edge raised above the face and its edge milled4 ,in a similar press the designs are stamped upon the faces of the coin4 ,below is a list of the coins now being minted4 ,,gold ,coins4#bg ,double eagle ,half-eagle ,eagle ,quarter-eagle ,,silver ,,coins4 ,standard dollar ,quarter-dollar ,half-dollar ,dime ,,minor ,,coins4 ,five-cent 7nickel7 ,one-cent 7bronze7 ,the silver coins less in value than one dollar are called subsidiary coins4 ,footnote #bg3 ,no gold one-dollar pieces have been coined since #ahij4 ,the ,ratio of ,gold and ,silver ,coins4--,the law fixes the weight of pure metal in a silver dollar at #cga4be grains1 troy weight1 and that of the pure metal in a gold dollar at #bc4bb grains4 ,the ratio of these weights is #ae4ihh3 #a1 or nearly #af3a4 ,this indicates the origin of the famous expression1 sixteen to one4 ,free ,coinage4--,by free coinage is meant a policy established by law1 under which any person may bring bullion to the mint in any amount and have it coined2 that is1 the amount which the government will coin is unlimited by law4 ,our country has always had the policy of free coinage with respect to gold4 ,this was also the policy in the coinage of our silver dollars until #ahgc4 ,at that time the coinage of the silver dollar was discontinued until a law was passed in #ahgh 7the ,bland ,act7 renewing its coinage1 but in limited quantities4 ,the government purchased silver bullion under this law1 and under the ,sherman ,act 7#ahij71 but since #ahic no silver bullion has been purchased for the coinage of silver dollars1 but the bullion already on hand has been used for this purpose4 ,paper ,money4--,we have in the ,united ,states five kinds of paper money in general circulation3-- ,kinds4 ,amounts in circulation1 ,nov4 #a1 #aiaj4 #a4 ,united ,states notes #cda1jjj1jjj #b4 ,gold certificates #hcf1jjj1jjj #c4 ,silver certificates #dhc1jjj1jjj #d4 ,national bank notes #gjf1jjj1jjj #e4 ,treasury notes of #ahij #c1ejj1jjj ,the ,history of ,united ,states ,notes4--,united ,states notes1 or greenbacks1 as they are commonly called1 originated during the ,civil ,war4 ,when the government was without specie 7i4e41 gold and silver money7 with which to purchase supplies for the army and pay other expenses1 it issued these notes4 ,each note says on its face1 ,the ,united ,states will pay to bearer ----4 ,since no time was set for the fulfillment of this promise1 and since there was neither gold nor silver in the ,treasury with which to redeem the notes1 people would naturally hesitate to accept them in payment for goods or salaries4 ,consequently1 ,congress made the notes legal tender2#bh that is1 the law compelled creditors to receive this kind of money in payment for debts4 ,the notes passed into circulation1 therefore1 because people were forced to take them2 but their value depreciated greatly during the war4 ,in #ahgi the government began the redemption of the notes in specie1 and since that time they have been worth their face value4 ,footnote #bh3 ,our full legal-tender coins at present are the gold coins1 silver dollars1 ,united ,states notes1 and ,treasury notes of #ahij4 ,subsidiary silver coins are legal tender in amounts not greater than #aj4jj1 and the minor coins are legal tender to the amount of twenty-five cents4 ,gold and ,silver ,certificates4--,it is much more convenient to handle paper money than coins4 ,when a person deposits gold or silver coin in the ,treasury1 he may receive these certificates in exchange4 ,consequently1 the value of these certificates in circulation represents an equal amount of gold coin and silver dollars stored in the ,united ,states ,treasury and ready for exchange for the certificates at any time4 ,national ,bank ,notes4--,the fourth kind of paper money is issued by ,national banks4 ,these are organized under ,united ,states law and subject to control by an officer of the ,treasury ,department4 ,like banks that are organized under ,state law1 ,national banks conduct the ordinary banking operations4 ,that is1 they receive deposits1 loan money1 and buy and sell drafts in the ordinary course of business4 ,in addition1 these banks are given the right to issue notes4 ,in doing this1 the bank first buys on the market a certain amount of ,united ,states bonds2 these it sends to the ,treasury at ,washington and leaves there on deposit4 ,the bank will then receive from the ,treasury ,national bank notes equal in amount to the face value of the bonds deposited4 ,these notes say that ,the ,national ,bank of ---- will pay the bearer ----1 on demand4 ,now1 the bank may fail1 i4e41 it may not be able to pay what it owes to its depositors and other creditors4 ,but the holders of ,national bank notes will not suffer loss4 ,for the ,treasury will sell the bonds and thus obtain cash with which it can redeem the notes held by individuals4 ,the amount of ,treasury notes of #ahij is comparatively small1 and this kind of money is destined to disappear within a few years4 ,,supplementary ,,questions ,,and ,,references4 #a4 ,the tariff schedule in force at the present time may be found in newspaper almanacs4 ,is this tariff high1 low1 or moderate in its rate8 #b4 ,the ,statistical ,abstract1 published by the ,bureau of ,statistics of the ,treasury ,department1 gives the list of items upon which duties and internal revenue taxes are collected1 and the amounts yielded by each for a series of years2 the expenditures of the government1 with the chief items2 a statement of the ,national debt2 and statistics concerning the money of the ,united ,states4 ,see also any newspaper almanac4 #c4 ,why do liquors and tobaccos bear the heaviest excise taxes8 ,what reasons can you give for taxing the other articles mentioned on pp4 #hb-hc8 #d4 ,because our coins contain one-tenth alloy1 they are said to be nine-tenths fine4 ,calculate from the weights of pure metal1 given on p4 #ia1 the total weights of the gold and silver dollars4 #e4 ,for information concerning the ,act of ,congress fixing a standard of weights and measures1 see ,government in ,state and ,nation1 #ahh-ahi4 #f4 ,the depreciation of the ,united ,states notes1 referred to on p4 #ib1 is shown graphically in ,government in ,state and ,nation1 #ahe4 #g4 ,for our money1 see ,reinsch1 ,young ,citizen's ,reader1 #aja-ajc2 ,marriott1 ,uncle ,sam's ,business1 #ig-aai2 #afe-agb2 ,century ,book for ,young ,americans1 #aba-acd4 #h4 ,on commerce1 read ,harrison1 ,this ,country of ,ours1 #fe-fg4 #i4 ,finances4 ,harrison1 #ei-fe1 and ,chapter #ab2 ,marriott1 #aji-abg4 ,,chapter ,,xi4 ,,other ,,general ,,powers ,,of ,,congress4 ,i4 ,,power ,,of ,,naturalization4 ,who ,are ,citizens4--,who are citizens of the ,united ,states is always a question of interest4 ,we find it clearly answered in the first clause of the ,fourteenth ,amendment as follows3 ,all persons born or naturalized in the ,united ,states and subject to the jurisdiction thereof are citizens of the ,united ,states1 and of the ,states wherein they reside4 ,thus there are two classes of citizens3 7#a7 those who are citizens by birth2 7#b7 those who have been naturalized4 ,children born in this country1 though of foreign parentage1 and residing here1 may be considered ,american citizens if they choose4 ,according to an ,act of ,congress1 passed in #ahhb1 ,chinese aliens may not be naturalized2 but our ,supreme ,court has decided that a child born in the ,united ,states of ,chinese parents is a citizen1 if he desires to be4 ,though born in a foreign country1 a child whose father is an ,american citizen may claim the privilege of ,american citizenship4 ,indians who keep their tribal relations are not included under the provisions of this section4 ,naturalized ,citizens4--,the second class of citizens are those who are naturalized4 ,that the rules should be uniform by which aliens become citizens1 is self-evident4 ,after a brief discussion1 the ,constitutional ,convention provided in ,section #h1 ,clause #d1 that ,congress shall have the power to establish a uniform rule of naturalization1 and uniform laws on the subject of bankruptcies throughout the ,united ,states4 ,process of ,naturalization4--7#a7 ,the foreigner desiring to become a citizen goes before the clerk of any court of record and declares1 upon oath1 that it is his intention to become a citizen of the ,united ,states1 and to renounce all allegiance to the government which has jurisdiction over him4 ,he then receives his first papers4 7#b7 ,after he has resided in the ,united ,states for five years1 providing two years have elapsed since his declaration of intention1 he may secure his certificate of naturalization4 ,he must appear in open court and swear that he will support the ,constitution of the ,united ,states1 and renounce all allegiance to any foreign power4 ,two witnesses must testify to his term of residence1 and declare that he is a man of good moral character4 ,the applicant must be able to speak the ,english language4 ,his wife1 and those of his children who are under twenty-one years of age1 become citizens at the same time4 ,in certain cases ,congress has1 by a single act1 admitted large numbers of aliens to ,american citizenship1 as it did at the time of the purchase of ,louisiana1 the annexation of ,texas1 and of ,hawaii4 ,bankrupt ,laws4--,it sometimes happens1 because of general depression in trade throughout the country1 on account of losses1 or for other reasons1 that business men become heavily involved in debt4 ,they are said to be insolvent4 ,now1 it is but just that such property as they have should be divided in some equitable way among the creditors4 ,a bankrupt law secures such a division1 and the debtor is1 at the same time1 freed from all legal obligation to pay the debts which cannot be met in this way4 ,the first law of ,congress on this subject was passed in #ahjb1 and repealed in #ahjc4 ,since that time there have been three other bankrupt laws1 but the total time during which they have been in force amounts only to some twenty years4 ,the last law1 that of #ahih1 is still in operation4#bi ,footnote #bi3 ,see ,government in ,state and ,nation1 p4 #aic1 for a further discussion of bankrupt laws--especially that of #ahih4 ,some ,states have also passed insolvency laws4 ,however1 these must not in any way conflict with the provisions of the ,national bankrupt laws4 ,,ii4 ,,the ,,postal ,,system4 ,organization of the ,post-office ,department4--,we can appreciate somewhat the advancement made in the postal service rendered by the government when we read that an ,act of ,congress in #aghb directed that mail should be carried at least once in each week from one office to another4 ,our well-organized postal system1 declared recently by the ,postmaster-,general to be the greatest business concern in the world1#cj has been evolved through laws made in carrying out the provision of the ,constitution that ,congress shall have power to establish post-offices and post-roads4 ,footnote #cj3 ,the total receipts of the ,post-office ,department for #aiaj were #bbd1abh1feg4 ,as is well known1 the ,postmaster-,general1 a member of the ,president's ,cabinet1 is at the head of this department of government4 ,one of the chief burdens of the ,post-office ,department was formerly the appointment of the so-called fourth-class postmasters1 intrusted to the ,fourth ,assistant ,postmaster-,general4 ,executive orders of ,presidents ,roosevelt and ,taft placed #ej1jjj1 or about five-sevenths1 of these postmasters in the classified service4 ,an order of ,president ,wilson1 in #aiac1 applied the merit system to these offices1 by which these postmasters were compelled to demonstrate their fitness for these appointments4 ,this order included all fourth-class postmasters except those paying less than #ahj a year4 ,the other three classes1 in which are included those postmasters whose salaries are not less than #ajjj1 are appointed by the ,president1 with the consent of the ,senate4 ,classes of ,mail4--,mail matter belongs to one of four classes4 ,in general1 the classes and rates are as follows3 ,first class--letters1 two cents an ounce2 second class--newspapers and periodicals1 one cent a pound2 third class--books1 one cent for two ounces2 and fourth class--merchandise1 limited to four-pound packages1 one cent an ounce4 ,free ,delivery4--,among the notable advances in the mail service was the provision for the free distribution of mail in the cities of #aj1jjj inhabitants1 or where the annual postal receipts are #aj1jjj and above4 ,rural ,free ,delivery4--,no innovation in postal methods has been more successful than the free delivery of mails in the country districts4 ,the development of the system1 since its establishment in #ahig1 has been remarkable4#ca ,footnote #ca3 ,according to the report of the superintendent for the year ending ,june #cj1 #aiaj1 #da1jgi routes had been established4 ,the rural population receiving daily mail service amounted to more than #ah1jjj1jjj4 ,two thousand one hundred and twenty-four new rural routes were authorized in #aiaa1 aggregating #ea1bcj miles in length4 ,president ,taft urged a further extension of the system4 ,among the good effects resulting from its extensive introduction may be mentioned the following3 7#a7 ,correspondence in the communities affected has increased4 7#b7 ,the circulation of the daily newspaper and of periodical literature has been greatly enlarged1 and interest has grown in public affairs4 7#c7 ,good roads have been multiplied1 for they are made one of the conditions for the introduction of the service4 7#d7 ,because the country districts are brought into daily communication with the centres of population1 the tendency to quit the farm for the town has been lessened and thus rural free delivery is helping1 in some degree1 to solve one of the problems of our social and industrial life4 ,postal ,savings-,banks4--,at various times bills have been before ,congress providing for the establishment of postal savings-banks in connection with post-offices4 ,it is proposed that they shall receive small amounts on deposit1 paying a low rate of interest1 and that the funds secured be invested in government bonds4 ,a law was passed in #aiaj which provided for the establishment of postal savings-banks4 ,the plan has proved a success4 ,some of the ,defects in ,our ,postal ,system4--7#a7 ,for thirty years prior to #aiaa there has been an annual deficit of several million dollars4 ,this was caused largely through the transportation of second-class matter1 so-called periodical publications4 ,but in #aiaa there was a postal surplus of nearly #bbj1jjj1 which was due largely to more business-like methods in management4 ,that this is an unjust drain upon the public funds is clear1 when we consider that1 in a recent year1 the government expended #ag1bgg1ghc more than it received for carrying second-class mail4 7#b7 ,another serious defect has existed in the payment of exorbitant rates to railroad companies for carrying the mails4 7#c7 ,some ,congressmen abuse the privilege granted them of sending government publications free4 7#d7 ,the postal system has offered one of the best fields for the manipulation of the spoilsman4 ,postmasters have been usually appointed on the recommendation of representatives1 and1 too frequently1 the one essential to securing an office is that the applicant must be influential in politics4 ,parcels ,post4--,on ,january #a1 #aiac1 a far-reaching innovation was put into operation by the ,post-office ,department4 ,the parcels-post system was used for the first time4 ,bills providing for such a system had been introduced into ,congress1 but failed to pass owing largely to the opposition of express companies and other common carriers4 ,,iii4 ,,copyrights ,,and ,,patents4 ,copyrights and ,patents4--,section #h1 ,clause #h4 ,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 ,the development of ,american literature has been greatly aided through the operation of laws based on this clause4 ,copyrights are secured from the ,librarian of ,congress4 ,any person obtaining a copyright has the sole right to print1 copy1 or sell the book1 chart1 engraving1 music1 etc41 for a period of twenty-eight years4 ,a copyright may be renewed for fourteen years longer4 ,it may be sold or transferred providing a record of the transfer be made in the office of the ,librarian of ,congress within sixty days4 ,patents4--,americans have been rightly named the great inventors of the world4 ,not a little of our marvelous industrial progress has been due to this inventive ability4 ,the government has contributed to the same end1 through the enactment of laws protecting those inventors who secure patents4 ,a person desiring a patent must declare upon oath1 in his petition addressed to the ,commissioner of ,patents1 that he believes himself to be the first inventor of the article for which he solicits a patent4 ,the sum of fifteen dollars is charged for filing the application1 and twenty dollars for issuing the patent4 ,a patent is granted for seventeen years1 but may be extended for seven years more4 ,during this period1 the patentee has the exclusive right to manufacture1 sell1 or transfer his invention4#cb ,footnote #cb3 ,in the year #aiaj1 #cg1dba patents were granted by our government4 ,,iv4 ,,military ,,powers ,,in ,,congress4 ,section #h1 ,clauses #aa1 #ab1 #ac1 #ad4 ,to declare war1 grant letters of marque and reprisal1 and make rules concerning captures on land and water4 ,to raise and support armies1 but no appropriation of money to that use shall be for a longer term than two years4 ,to provide and maintain a navy4 ,to make rules for the government and regulation of the land and naval forces4 ,the ,army4--,americans are always impressed by the military spirit so prevalent in ,european nations4 ,compared with the standing army of ,germany1 which has some #gjj1jjj men1 and with that of ,russia1 containing #a1jjj1jjj men1 or with that of most ,european nations1 our army is insignificant in size4 ,according to a law of #aija1 the army of the ,united ,states cannot contain more than #ajj1jjj men4#cc ,footnote #cc3 ,the minimum number of men was fixed at #eg1jjj4 ,in #aijh1 the number of officers and men in the army was #gb1fbh4 ,fortunately1 there has always existed in the ,united ,states the desire to keep the standing army from becoming unduly large4 ,the ,constitution itself indicates that appropriations for the army shall not be for a longer time than two years4 ,at the end of this period1 the people may check the growth of the army through the election of representatives opposed thereto4 ,officers and ,classification of the ,army4--,the ,president is1 ex officio1 commander-in-chief of the army and navy of the ,united ,states4 ,the office of general was created1 by ,congress1 ,march #c1 #agii1 but was not filled4 ,it was revived in #ahff for ,general ,grant1 ,general ,sherman succeeding to the title in #ahfi4 ,the same rank was bestowed on ,general ,sheridan in #ahhh4 ,the lieutenant-general is next in rank to the general4 ,the army is distributed geographically as follows3 ,division of the ,philippines and the ,departments of ,california1 of the ,colorado1 of the ,columbia1 of ,dakota1 of the ,east1 of the ,lakes1 of the ,missouri1 and of ,texas4 ,the division is in charge of a major-general1 and the departments are each in charge of a major-general or of a brigadier-general4 ,the commands which correspond to each grade are3 major-general1 four regiments2 brigadier-general1 two regiments2 colonel1 one regiment2 lieutenant-colonel or major1 a battalion or squadron2 captain1 a company4 ,as now organized1 infantry regiments consist of #ab companies1 of #fe men each4 ,cavalry regiments contain #ab troops1 each having #fe enlisted men4 ,the ,navy4--,we are told by competent authorities that one of our best means of preserving peace with foreign powers is to maintain a strong navy4 ,this has become much more necessary since the ,united ,states has begun to acquire insular possessions4 ,although the construction of the modern ,american navy was not begun until #ahhc1 there has been a notable advance within the past few years4 ,in #aiaj it was estimated that our navy is excelled in strength only by that of ,great ,britain4 ,congress1 in #aiaj1 continued the policy of adequate preparation by authorizing the construction of two battle-ships a year4 ,names of ,vessels4--,a ship of the first class is given the name of a ,state2 one of the second class that of a principal city or river1 and the names for ships of the third class are selected by the ,president4 ,the navy now contains #cab vessels4 ,officers in the ,navy4--,the titles admiral and vice-admiral1 corresponding to the grades of general and lieutenant-general in the army1 were created by act of ,congress to be bestowed on the following men as recognition for distinguished services during the ,civil ,war3 ,admirals ,farragut and ,porter2 and ,vice-,admirals ,farragut1 ,porter1 and ,rowan4 ,admiral ,dewey was granted his title by a special ,act of ,congress after the ,battle of ,manila4 ,the officers of the navy ranking with major-generals1 brigadier-generals1 colonels1 and so on1 in the army1 are rear-admirals1 commodores1 captains1 commanders1 lieutenant-commanders1 lieutenants1 masters1 ensigns4 ,the ,militia4--,with but little opposition in the ,constitutional ,convention1 ,congress was given the power to make provision for citizen-soldiers as follows3-- ,section #h1 ,clause #ae4 ,to provide for calling forth the militia to execute the laws of the ,union1 suppress insurrections and repel invasions4 ,clause #af4 ,to provide for organizing1 arming and disciplining the militia1 and for governing such part of them as may be employed in the service of the ,united ,states1 reserving to the ,states respectively the appointment of the officers1 and the authority of training the militia according to the discipline prescribed by ,congress4 ,number of the ,militia4--,all able-bodied male citizens of the ,united ,states and males between eighteen and forty-five years of age who have declared their intention to become citizens are regarded as the militia force of the country4 ,as a matter of fact1 there are at present only about #ajj1jjj men enrolled in this service4 ,but in the case of an emergency the ,president may compel the governors of the various ,states to furnish the troops needed4 ,the militia may thus be called into service1 under their own ,state officers1 for a period of nine months4 ,the ,war of #ahab and the ,civil ,war furnish the best illustrations of the enforcement of this provision4 ,volunteers of #ahih4--,we should note here the manner in which men were secured for the war against ,spain4 ,we see1 according to ,clause #ae1 that the militia may be called out only for the purposes of executing the laws of the ,union1 suppressing insurrections1 and repelling invasions4 ,now1 in the case given1 the war was to be conducted in foreign territory1 and ,president ,mc,kinley called for #bjj1jjj volunteers4 ,it was understood1 however1 that preference would be given to those volunteers who were already members of the organized militia4 ,v4 ,,location ,,of ,,the ,,capital4 ,section #h1 ,clause #ag4 ,congress shall have the power to exercise exclusive legislation in all cases whatsoever over such district 7not exceeding ten miles square7 as may1 by cession of particular ,states and the acceptance of ,congress1 become the seat of the government of the ,united ,states1 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-yards and other needful buildings4 ,one of the most interesting contests in ,american history arose in the selection of a site for the capital city4 ,congress finally accepted1 for this purpose1 one hundred square miles of land on the ,potomac ,river1 which was ceded by ,maryland and ,virginia4 ,the thirty square miles given by ,virginia were afterward returned to that ,state4 ,the capital was to be in ,new ,york until #agij1 then in ,philadelphia until #ahjj4 ,in #ahjj it was transferred to the new district1 called the ,district of ,columbia4#cd ,footnote #cd3 ,for the government of this district1 see ,government in ,state and ,nation1 p4 #bjd4 ,,vi4 ,,implied ,,powers4 ,strict and ,loose ,construction4--,our national development has been1 in large measure1 dependent on the interpretation of the next clause of the ,constitution4 ,it is often called the elastic clause4 ,section #h1 ,clause #ah4 ,to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this ,constitution in the government of the ,united ,states or in any department or officer thereof4 ,briefly stated1 the problem has always been1 ,has ,congress the right to exercise powers not definitely granted by the ,constitution8 ,alexander ,hamilton first set forth the doctrine of implied powers4 ,he urged that ,congress might1 in carrying out specific powers1 use methods not expressly provided for in the ,constitution1 as in the creation of a bank or mint4 ,since the time of this interpretation1 which1 fortunately for ,american interests1 was sanctioned by ,washington and later by the ,supreme ,court through its great ,chief-,justice ,john ,marshall1 the advocates of the doctrines of strict and loose construction have contended for their principles4 ,does the ,constitution permit the acquisition of territory8 ,may ,congress establish a protective tariff1 or a system of internal improvements8 ,we have here but three of the great questions which have led to a definition of these opposing views4 ,speaking in general terms1 the party in power has favored loose construction1 while the party out of power has advocated strict construction4 ,said ,mr4 ,bryce1 ,the ,americans have more than once bent their ,constitution in order that they might not be forced to break it4#ce ,footnote #ce3 ,bryce1 ,american ,commonwealth1 ,i1 #cij4 ,,supplementary ,,questions ,,and ,,references4 #a4 ,what are some of the difficulties encountered in becoming a citizen8 ,independent1 #fe3iid-ajjj4 #b4 ,is there a postal savings-bank in your town8 ,is it successful8 #c4 ,should there be a system of postal telegraphy8 ,cent4 ,mag41 #ei3ieb-ief2 ,n4 ,am4 ,rev41 #agb3eed-eef4 #d4 ,extent and advantages of rural free delivery1 ,rev4 of ,r's1 #bg3ee-fj4 #e4 ,perils of the postal service1 ,n4 ,am4 ,rev41 #agb3dbj-dcj2 #eea-eei4 #f4 ,defects in the postal system1 ,n4 ,am4 ,rev41 #agd3hjg-hai2 #age3aae-abg4 #g4 ,privateers and privateering1 ,government in ,state and ,nation1 #bjd2 ,walker1 ,the ,making of the ,nation1 #bjj4 #h4 ,for the methods employed in the patent office and a comparison between our system and that of ,european nations1 see ,cent4 ,mag41 #fa3cdf-cef4 #i4 ,a good account of the reorganization of the army of the ,united ,states is given in the ,atl4 ,mo41 #hi3dcg-dea4 #aj4 ,the development of the ,united ,states army1 ,scribner's ,mag41 #cj3bhf-caa1 #ddf-dfb1 #eic-fac4 #aa4 ,west ,point after a century1 ,world's ,work1 ,august1 #aijb1 #bdcc-bdea4 #ab4 ,a hundred years of ,west ,point1 ,outlook1 #ga3eia-fja4 #ac4 ,life at ,west ,point1 ,rev4 of ,r's1 #bf3de-ec4 #ad4 ,what was the character of our navy prior to #ahhc8 ,harrison1 ,this ,country of ,ours1 #bea-bee4 #ae4 ,the new ,american navy1 ,outlook1 #gc3cbc-ccg4 #af4 ,comparison of the strength of our navy with that of other nations1 ,rev4 of ,r's1 #be3efa-egj2 #ci3cdg4 #ag4 ,what special problem was connected with the location of the capital8 ,how was it finally settled8 ,hart1 ,contemporaries1 ,,iii1 #bfi-bgb2 ,schouler1 ,i1 #aeb-aef2 ,mc,master1 ,i1 #eee-efb2 ,world's ,work1 #a3aia-aie4 #ah4 ,the development of ,washington during the past one hundred years is discussed in ,rev4 of ,r's1 #bb3fge-fhf2 ,forum1 #cj3ede-eed2 ,outlook1 #gj3caj1 #caa1 #hag-hbi2 ,cent4 ,mag41 #fc3fba-fbh1 #gbd-gef2 ,cosmop41 #cj3aji-abj4 #ai4 ,proposed improvements in ,washington1 ,cent4 ,mag41 #fc3fba-fbh1 #gdg-gei4 #bj4 ,for the influence of the doctrine of implied powers1 see3-- 7a7 ,internal improvements1 ,hart1 ,contemporaries1 ,,iii1 #dcf-ddj2 ,walker1 ,the ,making of the ,nation1 #bjd1 #bje1 #bfb1 #cfc2 ,hart1 ,formation of the ,union1 #bbg-bbi1 #cec-cee4 7b7 ,the ,united ,states ,bank1 ,hart1 ,contemporaries1 ,,iii1 #ddf-dej2 ,hart1 ,formation of the ,union1 #aej-aea1 #bbf-bbg2 ,walker1 ,the ,making of the ,nation1 #hb-hc4 7c7 ,the annexation of territory1 ,hart1 ,contemporaries1 ,,iii1 #cgc-cgf2 ,walker1 ,the ,making of the ,nation1 #agg-ahd2 ,hart1 ,the ,formation of the ,union1 #ahh4 7d7 ,legal-tender cases1 ,wilson1 ,division and ,reunion1 #bhj-bha4 #ba4 ,for further questions on this chapter1 consult ,government in ,state and ,nation1 #bjf1 #bjg4 ,,chapter ,,xii4 ,,powers ,,denied ,,the ,,united ,,states ,,and ,,the ,,several ,,states4 ,while restrictions on ,congressional powers are found elsewhere in the ,constitution1 ,section #i of ,article ,i seems to have been framed especially for this purpose4#cf ,footnote #cf3 ,clause #a of this article formed an important part of the third great compromise1 which was discussed on p4 #dc4 ,writ of ,habeas ,corpus4--,clause #b provides3 ,the privilege of the writ of habeas corpus shall not be suspended1 unless when in cases of rebellion or invasion1 the public safety may require it4 ,a writ of habeas corpus is a writ granted by a court1 commanding an officer to produce before it a prisoner1 in order that the court may inquire into the cause of his imprisonment or detention4 ,if1 after such inquiry1 it is found that the person is detained for insufficient cause1 he is granted his freedom4 ,president ,lincoln and the ,writ of ,habeas ,corpus4--,president ,lincoln1 as a military necessity1 in #ahfa1 suspended the privilege of the writ over a limited area1 constituting a large part of the ,state of ,maryland4 ,the ,supreme ,court1 however1 declared his order non-effective1 maintaining that the right of suspending the writ of habeas corpus lay with ,congress1 though it might be granted to the ,president4 ,this attempt on the part of the ,supreme ,court to restrain ,mr4 ,lincoln was a failure1 and shows that even the highest of our tribunals may not have its usual power in time of war4 ,it was not until ,march #c1 #ahfc1 that ,congress made the decree of ,president ,lincoln legal by authorizing him to suspend the writ whenever he believed the public safety demanded it4 ,in ,september of that year he declared the suspension general throughout the country4 ,ex ,post ,facto ,laws4--,clause #c4 ,no bill of attainder or ex post facto laws shall be passed4 ,an ex post facto law1 as defined by the ,supreme ,court1 is a law which renders an act punishable in a manner in which it was not punishable when it was committed4 ,it applies to acts of a criminal nature only4#cg ,footnote #cg3 ,clause #d is discussed under ,national ,finances1 p4 #hd4 ,care of ,public ,money4--,clause #g4 ,no money shall be drawn from the ,treasury1 but in consequence of appropriations made by law2 and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time4 ,it is proper in a government such as ours that the control of the public money should be lodged with the representatives of the people4 ,through the annual report of the ,secretary of the ,treasury1 the people may know from what sources our revenues are derived and for what purposes the money is expended4 ,titles of ,nobility and ,gifts4--,clause #h4 ,no title of nobility shall be granted by the ,united ,states2 and no person holding any office of profit or trust under them shall1 without the consent of the ,congress1 accept of any present1 emolument1 office1 or title of any kind whatever from any king1 prince1 or foreign state4 ,according to the wording of the clause1 ,congress may allow gifts1 of the kind mentioned1 to be accepted by our ,national officials4 ,usually1 however1 such gifts pass into the keeping of government4 ,powers ,denied the ,states4--,we recall the power of the ,states and weakness of the general government under the ,articles of ,confederation4 ,it was plain to the members of the ,constitutional ,convention that hopeless confusion would arise if the ,states should also be given the right to coin money1 pass ex post facto laws1 etc4 ,therefore1 certain prohibitions were made on the powers of the ,states4 ,in ,section #aj1 ,clause #a1 we note that these prohibitions are absolute1 as3-- ,no ,state shall enter into any treaty1 alliance or confederation2 grant letters of marque and reprisal1 coin money1 emit bills of credit2 make anything but gold and silver coin a tender in payment of debts2 pass any bill of attainder1 ex post facto law1 or law impairing the obligation of contracts1 or grant any title of nobility4#ch ,footnote #ch3 ,in the celebrated ,dartmouth ,college case1 it was finally determined that a ,state legislature may not modify the terms of a contract4 ,see ,life of ,john ,marshall1 by ,magruder1 ,american ,statesmen1 new ed41 #ahh-aij4 ,in ,section #aj1 ,clauses #b and #c1 the prohibitions are only conditional2 thus3-- ,no ,state shall1 without the consent of the ,congress1 lay any impost or duties on imports or exports except what may be absolutely necessary for executing its inspection laws2 and the net produce of all duties and imposts laid by any ,state on imports or exports1 shall be for the use of the ,treasury of the ,united ,states2 and all such laws shall be subject to the revision and control of the ,congress4 ,no ,state shall1 without the consent of ,congress1 lay any duty of tonnage1 keep troops or ships of war in time of peace1 enter into any agreement or compact with another ,state or with a foreign power1 or engage in war1 unless actually invaded or in such imminent danger as will not admit of delay4 ,more ,complete ,protection of ,personal ,rights4--,by a careful reading of ,sections #i and #aj1 it is seen that some of the rights of the individual are guarded against encroachment on the part of government1 either ,national or ,state4 ,but the people felt that there were other personal rights which needed protection4 ,they were familiar with the bills of rights in their own ,state constitutions4 ,that the ,national ,constitution did not also contain a bill of rights was1 as we have seen1 one of the chief arguments made against its adoption in the ,state conventions4 ,the ,first ,ten ,amendments4--,a large number of propositions1 therefore1 were submitted to the first ,congress by the ,states4 ,seventeen of these were selected by the ,house of ,representatives1 and proposed as amendments to the ,constitution4 ,twelve of these were acceptable to the ,senate also1 and ten were ratified by the required three-fourths of the ,state legislatures4 ,we call them the first ten amendments to the ,constitution4 ,if we read these amendments1 we shall find that really they are a bill of rights1 for the preservation or protection of rights of the people is expressed in all4#ci ,footnote #ci3 ,see ,appendix ,a4 ,,chapter ,,xiii4 ,,the ,,executive ,,department4 ,the ,president and ,his ,election4--,we have seen that the one great weakness of the government under the confederation was that there existed no adequate executive4 ,after much discussion in the convention1 the fear of a despot at the head of affairs gave place to the desire to secure executive energy and responsibility4 ,to-day the ,president is the most notable personage among all our officials4 ,mr4 ,bryce calls the ,presidential office the greatest office in the world unless we except the papacy4 ,in the ,executive ,department the ,president's power is practically absolute4 ,he may appoint and remove1 either directly or indirectly1 all officials of the department1 and they are finally responsible to him in the performance of their duties4 ,his control of international relations and his influence on legislation are1 as we shall see1 extensive4 ,length of ,term4--,article ,,ii1 ,section #a1 ,clause #a4 ,the executive power shall be vested in a ,president of the ,united ,states of ,america4 ,he shall hold his office during the term of four years1 and1 together with the ,vice-,president1 chosen for the same term1 be elected as follows3-- ,method of ,election4--,how shall the ,president be chosen8 ,this problem is said to have taken one-seventh of the entire time of the convention4 ,while there were those who believed that election by the people would be wise1 still this sentiment was not general4 ,it was thought that a choice in this way would cause great tumult and disorder4 ,besides1 it was urged that the people would not be sufficiently acquainted with the men who have the necessary qualifications for such high office4 ,for a special investigation of this sort1 they agreed that it would be best to select a small number of persons who would be most likely to possess the required information and discernment4 ,the appointment of these independent electors was provided for as follows3-- ,appointment of ,electors4--,section #a1 ,clause #b4 ,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 representative or person holding an office of trust or profit under the ,united ,states1 shall be appointed an elector4 ,article ,,ii1 ,section #a1 ,clause #c4 ,the ,congress may determine the time of choosing the electors1 and the day on which they shall give their votes1 which day shall be the same throughout the ,united ,states4 ,at present1 the appointment of electors is a necessary but a comparatively unimportant step in the election of a ,president4 ,the real power exists in the ,national conventions of the great political parties4 ,instead of exercising the right of free choice1 as they were originally expected to do1 the electors are really bound to vote for candidates nominated in these conventions4 ,let us consider1 then1 some of the chief points in the history and practical working of ,national conventions4 ,early ,methods of ,nominating4--,like the development of other political usages1 the method of nominating a ,president passed through several stages before the present plan of nominating conventions was reached4 ,no nominations were made in the first two ,presidential elections4 ,in #agif1 ,washington having refused to be a candidate for a third term1 party managers in ,congress agreed informally on ,adams and ,jefferson as the candidates of the ,federalist and the ,republican parties respectively4 ,a caucus of ,federalist ,congressmen1 in #ahjj1 nominated ,adams and ,pinckney1 and a caucus of ,republican ,congressmen nominated ,jefferson and ,burr1 for the offices of ,president and ,vice-,president4 ,the ,republican members of ,congress continued to hold a regular caucus and thus to direct the votes of the party electors until #ahbd4 ,in that year ,william ,h4 ,crawford1 the last ,congressional nominee1 was defeated4 ,there was opposition to the ,congressional caucus from the beginning1 for such a method was regarded as undemocratic4 ,in #ahbd and #ahbh the several ,state legislatures put forward their favorites for the office of ,president4 ,development of ,national ,conventions4--,as early as #ahab1 ,de ,witt ,clinton was nominated as the candidate of the ,federalists in a convention held in ,new ,york ,city1 made up of seventy delegates1 who represented eleven ,states4 ,but the ,national nominating convention1 as we know it1 was used for the first time by the ,anti-,masonic party1 which selected ,william ,wirt for its candidate in #ahca4 ,this method was followed in the same year by the ,national ,republican party1 which nominated ,henry ,clay4 ,the ,national convention of the ,democratic party in #ahcb nominated ,andrew ,jackson1 who had already been nominated by many local conventions and ,state legislatures4 ,many years elapsed before the present complex organization was reached1 but since #ahcf1 with the single exception of the ,whig party in that year1 parties have regarded the ,national convention as an essential factor in electing ,president and ,vice-,president4 ,prior to the nominations for the ,presidency in #aiab1 the usual plan was to select two delegates to the ,national convention from each of the ,congressional districts1 and also four delegates at large4 ,the district delegates were chosen in the district conventions of the different parties1 and the delegates at large in ,state conventions4 ,in some of the ,states all of the delegates were selected in the ,state conventions4 ,it now seems probable before another ,presidential election that some form of the direct primary will be in use in all of the ,states4 ,the growth of sentiment in favor of the selection of delegates to the ,national convention by the direct primary has been most remarkable4 ,oregon1 ,california1 ,nebraska1 ,new ,jersey1 ,north ,dakota1 ,wisconsin1 ,illinois1 ,maine1 ,maryland1 ,massachusetts1 and ,michigan passed such primary laws prior to the election of #aiab4 ,pennsylvania had a modified primary law1 and in a number of other ,states there were voluntary primaries4 ,election of ,delegates to the ,national ,conventions4--,the ,national conventions of the ,republican and the ,democratic parties are made up of twice as many delegates from the different ,states as these ,states have representatives and senators in ,congress4 ,the ,national ,convention4--,the ,national convention is held in some leading city during the month of ,june or ,july of the year in which a ,president is to be elected4 ,a few days before the time set for the convention1 the delegates1 together with many thousands of politicians and sight-seers1 flock to that city4 ,headquarters are established and delegates are interviewed on behalf of the different candidates4 ,on the day appointed1 the convention is called to order by the chairman of the ,national committee1 under whose auspices the convention is to be held4 ,a temporary chairman is elected1 and clerks and secretaries are appointed4 ,committees are also appointed1 the most important being those on credentials and on resolutions4 ,each ,state delegation selects one of its members for each of the committees4 ,in the next session1 a permanent chairman is usually selected1 and the committee on resolutions presents its report1 which sets forth the platform embodying party doctrines and principles4 ,nominations are then in order4 ,the roll of ,states is called1 and the various delegations place before the convention the favorite of their ,state4 ,a ,state often waives its privilege in behalf of some other ,state which has a candidate to present4 ,again the clerk calls the roll of the ,states1 and each chairman of a delegation announces the votes from his ,state4 ,in the ,republican convention a majority of the number of delegates voting is sufficient to nominate2 but no nomination is possible in the ,democratic convention except by a vote of two-thirds of the delegates4 ,then follows the selection of a candidate for ,vice-,president4 ,in this choice the attempt is made to secure some man who will add strength to the party1 and who comes from a different section of the country from that represented by the candidate for the ,presidency4 ,he may1 as in the cases of ,tyler and ,johnson1 represent a faction of the party that is not in entire agreement with the majority4 ,the ,national ,committee4--,a ,national committee is also appointed1 made up of one member from each ,state1 who is nominated by the ,state delegation4 ,the wishes of the ,presidential candidate are of influence in the choice of the chairman1 who need not be a member of the convention4 ,the committee occupies a position of great importance1 for by it the platform of the party is largely determined4 ,we have here a body of men not mentioned by the ,constitution1 but exerting vastly greater influence upon the election of ,president than does the electoral college itself4 ,it organizes the campaign1 secures money1 selects speakers1 and sends out party literature4 ,the committee looks after the interests of the party during the ensuing four years and issues the call for the next ,national convention4 ,election of ,electors4--,we are now ready to consider the place of the electors in the choice of a ,president4 ,the nominations of candidates for the office of elector are usually made at the ,state conventions of the different parties when ,state tickets are nominated4 ,these occur1 ordinarily1 in ,august or ,september preceding the ,november election4 ,each political party nominates as many electors as the ,state has senators and representatives in ,congress4 ,the names of the electors are then placed on the general party ticket1 on which appear also the names of the candidates for ,president and ,vice-,president2 each person then votes for the entire number of electors to which his ,state is entitled1 and will naturally vote for all the electors on his party ticket4 ,the political party1 therefore1 which receives the majority of votes in a ,state secures all the electoral votes of that ,state4#dj ,footnote #dj3 ,it has sometimes happened1 however1 when the election in a ,state has been close1 that one or more of the electors on a minority ticket have run ahead of the other candidates on that ticket1 and have secured a larger number of votes than candidates on the majority ticket1 thus obtaining an election4 ,california1 in #ahib1 gave one electoral vote to ,mr4 ,harrison and eight to ,mr4 ,cleveland1 and again1 in #ahif1 gave eight votes to ,mr4 ,mc,kinley and one to ,mr4 ,bryan4 ,kentucky1 in #ahif1 cast twelve votes for ,mr4 ,mc,kinley and one for ,mr4 ,bryan4 ,vacancies in the ,offices of ,electors4--,congress enacted in #ahde that each ,state might provide1 by law1 for the filling of vacancies in the electoral college1 and that if any ,state failed to choose electors on the regular day1 that they might be appointed on a later day in such manner as the ,state might1 by law1 direct4 ,nearly all of the ,state legislatures have conferred on the college itself the power of filling vacancies4 ,function of ,electors4--,the steps prescribed by the ,constitution must still be followed1 although we know1 long before the electors cast their votes1 who the next ,president will be4 ,the actual function of the electors is given in ,amendment ,,xii1 as follows3-- ,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-,president2 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 each1 which lists they shall sign1 and certify1 and transmit1 sealed1 to the seat of government of the ,united ,states1 directed to the ,president of the ,senate2--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 the ,president1 if such number be a majority of the whole number of electors appointed2 and if no person have such majority1 then1 from the persons having the highest numbers1 not exceeding three1 on the list of those voted for as ,president1 the ,house of ,representatives shall choose immediately1 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 the ,states shall be necessary to a choice4 ,and if the ,house of ,representatives shall not choose a ,president1 whenever the right to choose shall devolve upon them1 before the fourth day of ,march 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-,president shall be the ,vice-,president1 if such number be a majority of the whole number of electors appointed2 and if no person have a majority1 then1 from the two highest numbers on the list1 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 the office of ,president shall be eligible to that of ,vice-,president of the ,united ,states4 ,voting of the ,electors4--,the formal election of ,president takes place on the second ,monday in ,january1 when the electors meet at their various ,state capitals and cast their votes4 ,separate ballots are given for ,vice-,president4 ,three separate sealed lists of the results are then prepared4 ,two of these are sent to the ,president of the ,senate1 one by mail and the other by special messenger4 ,the third is deposited with the ,united ,states district judge of the district in which the electors meet4 ,on the second ,wednesday in ,february the votes are opened by the ,president of the ,senate1 in the presence of the ,senate and ,house of ,representatives1 and counted4 ,that person having a majority of the electoral votes case for ,president is declared to be duly elected4 ,the one who has a majority of the electoral votes cast for ,vice-,president is also elected to that office4 ,election of ,president by the ,house of ,representatives4--,in case no ,presidential candidate receives a majority of the electoral votes1 the election goes to the ,house of ,representatives1 as is provided in the amendment we are considering4 ,here the three candidates having the highest number of votes are alone considered4 ,the voting is by ,states4 ,in #ahbe ,john ,quincy ,adams was elected ,president in this way4 ,he had fewer popular and fewer electoral votes than ,andrew ,jackson1 but he received the votes of thirteen out of twenty-four ,states in the ,house4 ,choice of ,vice-,president by the ,senate4--,the ,senate is called on to select the ,vice-,president in case no candidate has received a majority of the electoral votes4 ,the two candidates having the highest number of votes are considered4 ,the only instance of the election of a ,vice-,president in this way occurred in #ahcg4 ,disputed ,returns1 ,election of #ahgf4--;,disputes have arisen1 from time to time1 over some of the returns of the electoral votes4 ,the most notable contest was that over the returns from ,florida1 ,louisiana1 ,south ,carolina1 and ,oregon1 in #ahgg4 ,if the twenty-one electoral votes from these ,states should be counted for the ,republican candidates1 they would be elected4 ,should just one of those votes be given to the ,democratic nominees1 the ,republicans would lose the election4 ,now the ,senate at this time was ,republican1 and the ,house ,democratic1 and therefore no satisfactory adjustment could be reached1 because of party prejudices4 ,the excitement throughout the country was finally relieved by the agreement on the part of both houses to refer the decision to an ,electoral ,commission4 ,this commission consisted of five judges of the ,supreme ,court1 five representatives1 and five senators4 ,after examining the returns1 the commission decided1 ,march #b1 #ahgg1 by a vote of eight to seven1 that ,hayes and ,wheeler1 the ,republican candidates1 had received the twenty-one votes in dispute1 thus giving them one hundred and eighty-five electoral votes1 and that ,tilden and ,hendricks1 the ,democratic candidates1 had received one hundred and eighty-four electoral votes4 ,in consequence of the grave problem which arose in #ahgg1 ,congress passed an act ,february #c1 #ahhg1 which provides that any contest in the choice of electors in a ,state must be decided by the ,state authorities under the laws of the ,state4 ,the ,original ,method of ,choosing the ,president4--,because ,presidents ,washington1 ,adams1 and ,jefferson for his first term1 were chosen by the plan given in the original clause1 let us notice1 briefly1 the method used at that time1 and especially the reasons for the change to the present plan4 ,section #a1 ,clause #b4 ,the electors shall meet in their respective ,states1 and vote by ballot for two persons1 one of whom1 at least1 shall not be an inhabitant of the same ,state with themselves4 ,and they shall make a list of all the persons voted for1 and of the number of votes for each2 which list they 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 then 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 choose1 by ballot1 one of them for ,president2 and if no person have a majority1 then1 from the five highest on the list1 the said ,house shall1 in like manner1 choose 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 be necessary to a choice4 ,in every case1 after the choice of the ,president1 the person having the greatest number of votes of the electors shall be the ,vice-,president4 ,but if there should remain two or more who have equal votes1 the ,senate shall choose from them1 by ballot1 the ,vice-,president4 ,according to this clause1 we note that the electors voted for two persons without stating which was to be ,president and which ,vice-,president4 ,in the official count1 the candidate receiving the highest number of votes1 provided it was a majority of the whole number of the electoral votes1 became ,president1 and the one receiving the next highest became ,vice-,president4 ,election of #agif4--;,in the election of #agif1 ,john ,adams1 who received the highest number1 seventy-one1 out of one hundred and thirty-two electoral votes1 was elected ,president4 ,thomas ,jefferson1 his opponent1 became ,vice-,president1 having received sixty-eight votes1 or the next highest number4 ,thus there were elected a ,president of one party and a ,vice-,president of the opposing party4 ,election of #ahjj4--,the election of #ahjj also showed the plan to be impracticable4 ,at this time1 the ,democratic-,republican party was determined to have ,mr4 ,jefferson for ,president and ,aaron ,burr for ,vice-,president4 ,they both received seventy-three votes1 a majority of all the votes4 ,but since the number was equal1 it devolved upon the ,house of ,representatives to determine whether ,jefferson or ,burr should be ,president4 ,for seven days the ,house was in continuous session1 and civil war threatened4 ,on the thirty-sixth ballot1 however1 ,jefferson received the votes of ten ,states out of sixteen1 and was elected4 ,in order to prevent a recurrence of the conditions which obtained in #agif1 or of the dangers incident to a contest like that of #ahjj1 the ,twelfth ,amendment was proposed by ,congress1 and1 after ratification1 was declared in force ,september #be1 #ahjd4 ,this provides1 as we have seen1 that the electoral votes must be cast separately for ,president and ,vice-,president4 ,the ,presidential ,term4--,shall the ,president hold office for a term of three years1 of seven years1 or during good behavior8 ,these were questions of great interest in the ,constitutional ,convention4 ,a term of seven years with no re-election was agreed upon1 but toward the end of the convention the clause as given was adopted4 ,re-election of a ,president4--,the ,constitution does not limit the number of terms for which a ,president may be chosen1 but the third-term tradition has now made it practically impossible for the same man to be elected for more than two terms4 ,this custom was inaugurated by the refusal of ,president ,washington to accept a third term4 ,president ,jefferson was also urged to stand for a third term1 but he1 too1 preferred to retire to private life as ,washington had done4 ,the adherents of ,general ,grant strove to break down this precedent in #ahhj but were defeated4 ,although ,president ,roosevelt had served a part of a term and one full term the argument of a third term was brought against him4 ,a ,longer ,term4--,it is frequently urged that the ,constitution should be amended in such a manner as to provide for a term of six or seven years for the ,president1 with no re-election4 ,among the reasons for this change are the following3 7#a7 a new ,president has most of his time1 for months1 at the beginning of his term1 consumed in hearing the claims of applicants for office1 and in making appointments2 7#b7 there is danger that he may be influenced in his official actions through desire to secure a second term2 7#c7 the commercial depression that usually exists during a campaign would thus come less frequently4 ,these arguments may be used in opposition to such a change3 7#a7 in the case of an inefficient ,president1 the short term is to be preferred2 7#b7 the ,presidential campaign is of value1 in that the attention of ,americans generally is for a time fixed on the problems connected with the conduct of our government4 ,it furnishes the opportunity for imparting to our citizens many lessons in their political education4 ,qualifications for ,president and ,vice-,president4--,the qualifications for ,president and ,vice-,president are naturally the same1 and are as follows3-- ,section #a1 ,clause #d4 ,no person1 except a natural-born citizen1 or a citizen of the ,united ,states at the time of the adoption of this ,constitution1 shall be eligible to the office of ,president2 neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years1 and been fourteen years a resident within the ,united ,states4 ,vacancies4--,the chief reason for creating the office of ,vice-,president seems to have been to provide for the emergency of a vacancy in the ,presidency4 ,section #a1 ,clause #e4 ,in case of the removal of the ,president from office or of his death1 resignation1 or inability to discharge the powers and duties of the said office1 the same shall devolve on the ,vice-,president1 and the ,congress may1 by law1 provide for the case of removal1 death1 resignation1 or inability 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 ,presidential ,succession4--,in #ahhf ,congress provided that in case of the death1 resignation1 or disability#da of both ,president and ,vice-,president1 the succession should be in the following order3 ,secretary of ,state1 ,secretary of the ,treasury1 ,secretary of ,war1 ,attorney-,general1 ,postmaster-,general1 ,secretary of the ,navy1 ,secretary of the ,interior4 ,the ,secretary of ,agriculture was added in #ahhi4 ,footnote #da3 ,what constitutes disability has not been settled4 ,president ,garfield performed only the single executive act of signing an extradition paper from ,july #b to ,september #ai1 #ahha4 ,the fact of his inability to discharge the duties of ,president was not formally established4 ,nor was there declared disability in the case of ,president ,mc,kinley1 between ,september #f and the day of his death1 ,september #ad1 #aija4 ,salary of the ,president4--,section ,i1 ,clause #f4 ,the ,president shall1 at stated times1 receive for his services a compensation1 which shall neither be increased nor diminished during the period for which he may have been elected1 and he shall not receive within that period any other emolument from the ,united ,states or any of them4 ,in #aiji the salary of the ,president was changed from #ej1jjj to #ge1jjj a year4 ,the custom has been established that no ,president shall receive a gift from any civil body1 such as a city council1 a ,state legislature1 or a foreign state4 ,in addition to his salary1 the ,president is provided with an executive mansion1 the ,white ,house1 which is furnished at the expense of the government4 ,the ,vice-,president receives #ab1jjj annually4 ,salaries of ,foreign ,rulers4--,the salary paid our ,president is small when we compare it with the grants made to ,european rulers4 ,in #aija the ,english government voted some #d1jjj1jjj for the annual use of the royal household4 ,the ,czar of ,russia receives #f1ejj1jjj annually1 in addition to revenues derived from #a1jjj1jjj square miles of crown domains4 ,the ,president of ,france receives #bca1fjj annually4 ,inauguration ,day4--,one of the most notable of our civic festivals occurs on the fourth of ,march#db after the ,presidential election4 ,then thousands of people go to ,washington to witness the inaugural exercises1 by which the ,president and ,vice-,president are formally invested with their offices4 ,the ,constitution provides that the ,president shall take the following oath of office before entering on his duties3-- ,section ,i1 ,clause #g4 ,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 ability preserve1 protect1 and defend the ,constitution of the ,united ,states4 ,footnote #db3 ,it is frequently urged1 with good reason1 that this date should be changed to a time of year when the weather in ,washington would be more favorable4 ,an amendment1 recently sanctioned by the ,senate1 provides that the date for the inauguration shall be the last ,thursday of ,april4 ,the chief objection to this change seems to be the further extension of time between the election and the assuming of duties4 ,it has been established1 by custom1 that the oath shall be administered by the ,chief ,justice of the ,united ,states1 at the east front of the ,capitol4 ,after taking the oath the ,president gives his inaugural address1 which outlines the policy he purposes to carry out4 ,immediately after his inauguration1 unless it be his second term1 he calls the ,senate together1 and places before it his nominations for members of the cabinet1 and for such other important offices as he may desire to make4 ,,supplementary ,,questions ,,and ,,references4 #a4 ,which of the ,presidents have served two terms8 ,how was their election for a second term to be accounted for8 #b4 ,the method of calling ,national political conventions4 ,when held8 ,questions considered4 ,make a study of the last convention4 ,cosmop41 #bi3 #aid-bjj2 ,scribner's ,mag41 #bg3 #fdc-fef4 #c4 ,under what conditions was the first platform of a ,national convention agreed upon8 ,wilson1 ,division and ,reunion1 #fc4 #d4 ,for the work of the ,national committee1 see ,rev4 of ,r's1 #bb3 #edi-eef2 #eef-efc4 #e4 ,the power of the chairman of the ,national committee is discussed in ,atl4 ,mo41 #hi3 #gf-ha4 #f4 ,what was the probable origin of the system of electing the ,president by electors8 ,harrison1 ,this ,country of ,ours1 #gh2 ,fiske1 ,critical ,period of ,american ,history1 #ff1 #bhj-bhi4 #g4 ,for the methods which have been used in electing a ,president1 see ,n4 ,am4 ,rev41 #aga3 #bgc-bhj4 #h4 ,should the ,president be elected by direct popular vote8 ,n4 ,am4 ,rev41 #aga3 #bgc-bhj2 #bha-bhh2 ,scribner's ,mag41 #bg3 #fdc-fef4 #i4 ,for some of the problems connected with the electoral colleges in the history of elections1 see ,rev4 of ,r's1 #bc3 #ff-fi4 #aj4 ,what is the method used in counting the electoral votes8 ,edmund ,alton1 ,among the ,lawmakers1 #hh-hi4 #aa4 ,do you agree with ,mr4 ,bryce that the tendency is to select for ,president men who have not been prominent8 ,bryce1 ,american ,commonwealth1 ,i1 chap4 #h4 #ab4 ,was the present ,president notable before his election8 ,in what ways8 #ac4 ,what were the chief causes for the success of his party8 #ad4 ,how many electoral votes were required for election8 ,he received how many8 ,did he receive a majority of the popular votes8 ,election of #aijj1 ,rev4 of ,r's1 #bb3 #fgc-fgd2 #fee-feh4 #ae4 ,how many electors were there from your ,state8 ,for whom did they vote8 ,how is this majority in your ,state to be accounted for8 ,rev4 of ,r's1 #bb3 #fgc-fgd1 #fee-feh1 #ffd4 #af4 ,would successful governors make good candidates for ,president8 ,in what particulars do the offices resemble each other8 ,would you favor making the governor of your ,state ,president8 ,wilson1 ,congressional ,government1 #bec1 #bed4 #ag4 ,why was the election of ,john ,quincy ,adams of especial interest8 ,what results followed8 ,burgess1 ,the ,middle ,period1 #adj1 #ada2 ,wilson1 ,division and ,reunion1 #ah4 #ah4 ,state the chief points connected with the disputed election of #ahgf4 ,wilson1 ,division and ,reunion1 #bhc-bhf2 ,johnston1 ,american ,politics1 #bcc-bcg2 ,cent4 ,mag41 #fb3 #ibc-icd4 #ai4 ,give the names of the ,presidents who have died in office4 ,by whom were they succeeded8 #bj4 ,for a good discussion of the unit rule and two-thirds rule of the ,democratic conventions1 see ,rev4 of ,r's1 #de3 #gje-gaj4 #ba4 ,what is a minority ,president8 ,government in ,state and ,nation1 #bfd4 #bb4 ,an interesting account of the ,white ,house4 ,outlook1 #gj3 #bhg-bii4 #bc4 ,inauguration events of #aija4 ,rev4 of ,r's1 #bc3 #dje1djf2 ,outlook1 #fg3 #eee1 #eef4 #bd4 ,incidents of ,presidential inaugurations4 ,world's ,work1 #a3 #dgg-dgi4 #be4 ,for other questions and references on the chapter1 see ,government in ,state and ,nation1 #bca1 #bcb4 ,,chapter ,,xiv4 ,,powers ,,and ,,duties ,,of ,,the ,,president ,military ,powers of the ,president4--,an eminent ,american historian1#dc writing of the power exercised by ,president ,lincoln in time of war1 said1 ,it is an interesting fact1 that the ruler of a republic which sprang from a resistance to the ,english king and ,parliament should exercise more arbitrary power than any ,englishman since ,oliver ,cromwell1 and that many of his acts should be worthy of a ,tudor4 ,footnote #dc3 ,james ,ford ,rhodes1 ,scribner's ,magazine1 ,february1 #aijc4 ,president ,lincoln1 it is true1 exercised powers which1 if attempted by a weaker man1 or at another time1 might have proved dangerous to the liberties of the people4#dd ,footnote #dd3 ,for the suspension of the privilege of the writ of habeas corpus1 see p4 #aji4 ,this he did through his interpretation of ,clause #a1 ,section #b4 ,the ,president shall be commander-in-chief of the army and navy of the ,united ,states1 and of the militia of the several ,states when called into the actual service of the ,united ,states2 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 and he shall have power to grant reprieves and pardons for offenses against the ,united ,states1 except in cases of impeachment4 ,reprieves and ,pardons4--,the ordinary powers of the ,president are also important4#de ,one of the greatest is the power to grant reprieves and pardons4 ,a reprieve is the temporary suspension of the execution of a sentence4 ,by means of a reprieve the ,president may gain time to look into the evidence more carefully4 ,complete release from a sentence is secured by a pardon4#df ,footnote #de3 ,for the power of the ,president over legislation by means of the veto1 see pp4 #gh1 #gi4 ,footnote #df3 ,president ,harrison was called upon to consider #ggi requests for pardon4 ,of these #ebg were granted1 wholly or partially4 ,president ,cleveland acted on #ijg such cases1 and granted #ejf1 in whole or in part4 ,treaty-,making ,power4--,section #b1 ,clause #b4 ,he shall have power1 by and with the advice and consent of the ,senate1 to make treaties1 provided two-thirds of the senators present concur4 ,while the power to conclude treaties seems to be without restriction1 it is implied that no treaty shall in any way interfere with the authority of the ,constitution4 ,the usual steps in the negotiation of treaties are as follows3 7#a7 ,in time of peace they are conducted at the capital of the nation that begins the negotiation4 ,if this is in ,washington1 the terms are considered by the ,secretary of ,state and the minister of the other nation2 if in a foreign capital1 our minister acts under instructions sent him by the ,secretary of ,state4 ,at times1 one or more special ministers are sent abroad for the purpose of negotiating a treaty4 7#b7 ,in time of war1 the minister of the nation with which we are at war leaves the ,united ,states4 ,the interests of his nation are then intrusted to the minister of some neutral power1 and through this minister negotiations for peace are usually begun4 7#c7 ,the treaty of peace at the close of a war is generally negotiated in some neutral country by special commissioners appointed by the nations at war4 ,in all cases1 the ,president exercises general control over the negotiation and framing of treaties4 ,after an agreement has been reached1 the treaty is sent to the ,senate4 ,it is discussed in executive or secret session4 ,this means that the treaty and all matters pertaining to it are kept secret until1 by a resolution1 the ,senate allows the discussion to be made public4 ,the ,senate may approve1 reject1 or modify the terms4 ,if amendments are made1 they must be agreed to by the ,president and by the other nation interested4 ,when a treaty has been finally approved by the officials of both countries1 duplicate copies of it are made on parchment4 ,both of these copies are signed by the chief officers of each country1 and the copies are then exchanged4 ,this is called the exchange of ratification4 ,an official copy of the treaty is thus secured by each nation4 ,the ,president then publishes the treaty accompanied by a proclamation1 in which it is declared to be a part of the law of the land4 ,if the terms of a treaty call for the payment of money by the ,united ,states1 the necessary amount can be appropriated only by an ,act of ,congress4 ,the ,house of ,representatives may refuse to give its sanction to such an appropriation1 and may thus prevent the treaty going into effect4 ,power of ,appointment4--,when it is considered that the ,president has the nominal power of appointing over #aej1jjj persons to office1 we can readily see that this comprises one of his chief powers4 ,his right to select office-holders is granted in ,section #b1 ,clause #b4 ,he shall nominate1 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 herein otherwise provided for1 and which shall be established by law2 but the ,congress may by law vest the appointment of such inferior officers as they think proper1 in the ,president alone1 in the courts of law1 or in the heads of departments4 ,vacancies4--,section #b1 ,clause #c4 ,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 ,presidential ,appointments4--,it would be quite impossible for the ,president1 personally1 to oversee all of these appointments1 and so a large percentage of them is made by officials in the different departments4 ,there are1 besides the ambassadors1 consuls1 and judges of the ,supreme ,court1 some #gjjj so-called ,presidential officers1 whose appointments must receive the sanction of the ,senate4 ,more than one-half of these are postmasters of the first class#dg4 ,among the most important of these officers are the ,cabinet1 interstate commerce commissioners1 district attorneys1 and all military and naval officers whose appointment is not otherwise ordered by law4 ,footnote #dg3 ,those who receive an annual salary of #ajjj and above4 ,official ,patronage4--,in making his appointments the ,president is largely dependent upon the advice of the head of that department under whose direction the officer will come1 or upon the recommendation of the representatives and senators of his party from the ,state in which the office is located4 ,this official patronage1 through which political assistants in a ,state may be rewarded with a ,federal office1 has become so burdensome that many ,congressmen complain of it and desire to be freed from its exactions4 ,senatorial ,courtesy4--,there has grown up an almost invariable custom1 known as senatorial courtesy4 ,this demands that if the office to be filled is located in a ,state1 the appointment be not confirmed unless it receives the sanction of one or both of the senators of the ,state concerned1 provided they are members of the same political party as the ,president4 ,action of the ,senate on ,nominations4--,all of the nominations sent by the ,president to the ,senate are submitted to appropriate committees1 as1 postmasters to the ,post ,office ,committee1 ambassadors to the ,committee on ,foreign ,affairs4 ,the report of the committee is considered in secret session1 and the nomination is then voted on4 ,if the vote is adverse1 the ,president must make another nomination4 ,the ,spoils ,system4--,during the first forty years of our government there were only seventy-four removals from office4 ,the opinion was general that there were a large number of strictly non-political offices in the departments and elsewhere1 the holders of which should be regarded as agents or clerks whose duty it was to assist in carrying on the business of government4 ,therefore the best results could be secured1 it was believed1 only as these positions should be filled by persons the most competent1 who might hope to retain the office so long as they gave efficient service4 ,but with the coming in of ,president ,jackson the spoils system was introduced4 ,this system1 in practice1 provides that political workers belonging to a victorious party may1 as far as possible1 receive reward for their services in the shape of some office4 ,to the victors belong the spoils of the enemy is the familiar motto of those who have advocated this system4 ,during the first year of ,president ,jackson's administration #bjjj officials were deprived of their offices1 and friends of the administration were put in their positions4 ,from that time there has been great pressure on every new ,president similarly to reward his followers4 ,civil ,service ,reform4--,while the evils had been pointed out at various times1 little was done to remedy the spoils system until ,congress1 in #ahhc1 passed the ,civil ,service ,law1 known as the ,pendleton ,bill4 ,it provides for a ,civil ,service ,commission of three members1 not more than two of whom may belong to the same political party4 ,this commission gives competitive examinations1 which are required for testing the fitness of applicants for certain positions in the public service4 ,the number of offices originally included under the act was about #ad1jjj4 ,the ,president is given the power to direct the further extension of the classified service1 that is1 those positions that are to be filled by persons who have passed the best examinations4 ,in #aiac there were some #bhd1jjj classified offices4 ,while much has been accomplished1 during the past twenty years1 toward reforming civil service appointments1 it is to be hoped that a large number of the unclassified offices will1 at an early date1 be placed on the list to be filled only after examination4#dh ,the ,national government may thus further assist in the movement for like reforms already so well begun in some of our ,states and cities4 ,footnote #dh3 ,in #aiac there were #ajj1jjj unclassified or excepted offices4 ,during the year #aija-aijb1 the civil service rules providing for competitive examinations were extended by order of the ,president or by act of ,congress so as to include the rural free delivery service1 employees of the permanent census bureau1 and additional employees made necessary because of the war with ,spain4 ,five thousand eight hundred offices were placed on the competition basis in #aiaa1 and #ej1jjj in #aiac4 ,duties of the ,president4--,section #c4 ,he shall1 from time to time1 give to the ,congress information of the state of the ,union1 and recommend to their consideration such measures as he shall judge necessary and expedient2 he may1 on extraordinary occasions1 convene both houses1 or either of them1 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 he shall receive ambassadors and other public ministers2 he shall take care that the laws be faithfully executed1 and shall commission all the officers of the ,united ,states4 ,presidential ,messages4--,by means of the annual message sent to ,congress at the opening of the session1 and special messages on particular occasions1 the ,president is enabled to call attention to the legislative needs of the country4 ,the plan of having a message read in each house by the clerk or secretary was introduced by ,president ,jefferson4 ,presidents ,washington and ,adams addressed1 in person1 ,congress assembled in joint session4 ,various reasons have been alleged for this change4 ,president ,jefferson was a poor speaker1 and it is said that he regarded the formal address as monarchical4 ,president ,wilson read his message before ,congress in the special session of ,april1 #aiac4 ,enforcement of the ,laws4--,the most important duty of the ,president is to see that all laws passed by ,congress are faithfully executed4 ,laws are useless unless they are enforced1 and it is chiefly for the performance of this task that the ,executive was originally created4 ,it is not contemplated that this duty shall be performed by him in person1 but through officials who are directly responsible to him4 ,the ,united ,states marshals and their deputies exercise a wide influence in seeing that the laws are enforced4 ,they usually act under an order from a ,united ,states court1 but may1 at times1 act without such a writ4 ,if necessary1 the ,president may send the army and navy of the ,united ,states or call out the militia of the ,states to overcome any resistance to ,federal law4 ,each ,state possesses the power of enforcing its own laws and is of right protected in the exercise of this prerogative4 ,in case of an insurrection1 however1 the ,state militia is sent by order of the governor to suppress it4 ,should they fail to restore order1 the legislature1 or the executive 7when the legislature cannot be convened71 applies to the ,president for military aid4#di ,if the uprising has interfered in any way with the carrying out of the laws of the nation1 the ,president may1 at his discretion1 send troops to suppress it without having been asked to do so by the legislature or the governor4 ,there was a notable illustration of this point during the time of the ,chicago riots1 in ,july1 #ahid4 ,footnote #di3 ,article ,,iv1 ,section #d4 ,the ,united ,states shall guarantee to every ,state in this ,union a republican form of government1 and shall protect each of them against invasion2 and on application of the legislature1 or the executive 7when the legislature cannot be convened71 against domestic violence4 ,president ,cleveland vs4 ,the ,governor of ,illinois4--,in addition to destroying property belonging to the railways centering in ,chicago1 the striking employees prevented the free movement of the trains4 ,mr4 ,altgeld1 then governor of ,illinois1 did not provide against these abuses1 and ,president ,cleveland ordered the ,united ,states troops under ,general ,miles to suppress the rioting4 ,the ,president1 who was severely criticized by ,mr4 ,altgeld1 justified his sending the troops on the following grounds3 7#a7 that the processes of the ,federal courts could not be executed2 7#b7 that the transportation of the ,united ,states mails was obstructed2 and 7#c7 that the laws on interstate commerce were not enforced4 ,the ,united ,states ,supreme ,court took the same position as ,president ,cleveland in a case which grew out of these riots4 ,mr4 ,justice ,brewer1 in delivering the opinion of the court1 said3 ,we hold that the government of the ,united ,states is one having jurisdiction over every foot of soil within its territory and acting directly upon each citizen2 that1 while it is a government of enumerated powers1 it has within the limits of those powers all the attributes of sovereignty2 that to it is committed power over interstate commerce and the transmission of the mails1 and that these powers have been assumed and put into practical exercise by the legislation of ,congress4 ,,supplementary ,,questions ,,and ,,references4 #a4 ,what have been some of the most important treaties entered into on the part of the ,united ,states8 #b4 ,for the treaty made at the close of the ,spanish-,american ,war1 see ,rev4 of ,r's1 #ah3 #beh1 #cga1 #eae1 #fca2 #ai3 #aa1 #bfa1 #bfb1 #bff1 #bfg4 #c4 ,in what ways may a treaty be abrogated8 ,harrison1 ,this ,country of ,ours1 #adj1 #ada4 #d4 ,may a ,president have many of the privileges of private life8 ,harrison1 ,this ,country of ,ours1 #agg-ahj4 #e4 ,what are some of the official cares of the ,president8 ,harrison1 ,this ,country of ,ours1 #afb-agg4 #f4 ,the overworked ,president4 ,mc,clure's ,mag41 #bh3 #dhc-dib2 ,rev4 of ,r's1 #be3 #dfd-dff4 #g4 ,secure a copy of the last report of the ,civil ,service ,commission1 and also ,manual of ,examinations for the ,classified ,service of the ,united ,states1 and look up the following3-- a4 ,how many persons are included in the civil service of the ,united ,states8 b4 ,what proportion of them is included in the classified service8 c4 ,does the law of #ahhc seem to have brought about satisfactory results8 d4 ,what offices have been included in the extension of the ,civil ,service ,law8 e4 ,what is the nature of the questions asked in the examinations8 i #h4 ,the ,fifteenth ,annual ,report of the commission 7pp4 #ddc-dhe7 contains an account of the appointments and removals by the various ,presidents from #aghi to #ahhc4 ,also an account of the growth of civil service reform in the ,states and cities of the ,united ,states1 pp4 #dhi-ejb4 #i4 ,may a man be fitted for political preferment and not be competent to pass an adequate examination8 #aj4 ,for other articles on civil service reform1 see 7a7 ,the ,civil ,service and the ,merit ,system1 ,forum1 #bg3 #gje-gab4 7b7 ,some ,popular ,objections to ,civil ,service ,reform1 ,atl4 ,mo41 #fe3 #dcc-ddd2 #fga-fgh4 7c7 ,roosevelt1 ,an ,object ,lesson in ,civil ,service ,reform1 ,atl4 ,mo41 #fg3 #beb-beg4 7d7 ,george ,william ,curtis and ,civil ,service ,reform1 ,atl4 ,mo41 #ge3 #ae-bd4 7e7 ,rice1 ,improvement of the ,civil ,service1 ,n4 ,am4 ,rev41 #afa3 #fja-faa4 7f7 ,roosevelt1 ,present ,status of ,civil ,service ,reform1 ,atl4 ,mo41 #ge3 #bci-bdf4 7g7 ,roosevelt1 ,six ,years of ,civil ,service ,reform1 ,scribner's ,mag41 #ah3 #bch-bdg4 7h7 ,the ,purpose of ,civil ,service ,reform1 ,forum1 #cj3 #fjh-fai4 #aa4 ,what was the ,tenure of ,office ,act of #ahfg8 ,why did it become of great importance8 ,is it still in force8 ,wilson1 ,division and ,reunion1 #bfg1 #bgj-bga1 #big2 ,harrison1 ,this ,country of ,ours1 #aja-ajc4 #ab4 ,what were the chief points discussed in the ,president's last annual message8 ,,chapter ,,xv4 ,,the ,,cabinet4 ,formation of ,departments4--,the ,constitution nowhere mentions the ,president's ,cabinet4 ,it was taken for granted1 however1 that departments similar to those found in the ,cabinet would be formed4 ,the ,constitution declares that the ,president may require the opinions in writing of the heads of the executive departments1 and again1 that ,congress may vest the appointment of certain inferior officers in the heads of these departments4 ,in #aghi the first ,congress created the ,departments of ,state1 ,war1 and ,treasury1 also the office of ,attorney-,general4 ,president ,washington's ,cabinet consisted of the officials whom he appointed to fill these four positions4 ,the ,navy ,department was added in #agih4 ,while a ,post-,office ,department was established in #agid1 the ,postmaster-,general was not made a member of the ,cabinet until #ahbi4 ,in #ahdi1 the ,interior ,department was created by grouping under it certain duties which had belonged to other departments4 ,the ,department of ,agriculture was made a ,cabinet position in #ahhi4 ,in #aijc the ,department of ,commerce and ,labor was authorized by an ,act of ,congress1 and in #aiac the ,department of ,labor was created4 ,members of the ,cabinet receive an annual salary of #ab1jjj4 ,the ,president and ,his ,cabinet4--,one of the first official acts of a ,president is to send to the ,senate1 for its approval1 the names of the men whom he desires shall constitute his ,cabinet4 ,this is now a mere formality4 ,the ,president is himself the one most interested in the success of his administration and is of right given complete freedom in selecting his immediate advisers4 ,while the views of the members of the ,cabinet usually have weight with the ,president1 he is not obliged to take their advice4 ,indeed1 in some instances the ,president has carried out a line of action which was against the wishes of the secretary of the department affected4 ,,the ,,department ,,of ,,state4 ,the ,secretary of ,state4--,the ,secretary of ,state is commonly called the head of the ,cabinet4 ,he is first in rank at the ,cabinet table1 and occupies the seat of dignity at the right of the ,president4 ,under the direction of the ,president he conducts all negotiations relating to the foreign affairs of the nation2 carries on the correspondence with our representatives in other countries2 receives the representatives of foreign powers accredited to the ,united ,states1 and presents them to the ,president4 ,through him the ,president communicates with the executives of the different ,states4 ,he has charge of the treaties made with foreign powers1 and negotiates new ones4 ,he has also in his keeping the laws of the ,united ,states and the great seal which he affixes to all executive proclamations1 commissions1 and other official papers4 ,during the year #aiji the department was reorganized in such a manner as to create a division of ,latin-,american affairs and divisions for ,far ,eastern1 ,near ,eastern1 and ,western ,european affairs4 ,the ,diplomatic ,bureau4--,the ,united ,states1 in common with other nations1 sends representatives to the foreign capitals4 ,they are the agents through whom the ,secretary of ,state communicates and negotiates with other powers4 ,such affairs are conducted through the ,diplomatic ,bureau4 ,the ,united ,states has now about thirty-five ambassadors and ministers4 ,our representatives at the courts of ,england1 ,france1 ,germany1 ,russia1 ,italy1 ,austria1 ,mexico1 ,brazil1 ,japan1 and ,turkey are known as ambassadors4 ,the ambassadors to these countries receive a salary of #ag1ejj each4 ,the social demands made upon our ambassadors are great1 and they are also obliged to provide for their places of residence4 ,the salaries paid are not sufficient to meet these necessary expenses1 and are small in comparison with those paid by the ,european nations to officers of the same rank4 ,thus1 the ,english ambassador at ,washington receives a salary of #cb1ejj4 ,besides the ,english1 the ,german1 the ,japanese1 and some other nations have provided houses for their legations4 ,the ,consular ,bureau4--,a consul is sent by the ,united ,states to each of the chief cities in the consular districts into which foreign countries are divided by our ,state ,department4 ,these consuls1 of whom there are three grades1 consuls-generals1 consuls1 and consular agents1 look after the commercial interests of the ,united ,states in those districts4 ,they make monthly reports on improvements in agricultural and manufacturing processes4 ,these reports also give information regarding good markets for our products and of the best markets in which to purchase foreign products4#ej ,footnote #ej3 ,among scores of similar subjects1 our consuls reported1 within recent years1 on the following3 ,american goods in ,syria2 ,american commerce with ,asia ,minor and ,eastern ,europe2 ,german opinion of ,american locomotives2 ,american coal in ,germany2 ,european and ,american competition4 ,consuls care for destitute ,american sailors and protect the interests of our citizens in foreign countries4 ,in some of the non-,christian nations1 such as ,china and ,turkey1 they also have jurisdiction over all criminal cases in which any ,american citizen may be a party4 ,the importance of such services to our country is self-evident4 ,the appointment of these officials was formerly secured under party pressure4 ,according to the rule adopted in #aijf1 all vacancies in the consular service are hereafter to be filled by promotion for ability and efficiency in the service or by appointment of those who have passed the civil service examination4 ,,the ,,department ,,of ,,the ,,treasury4 ,the ,secretary of the ,treasury4--,the ,department of the ,treasury is the most extensive and complex of the executive departments4 ,in general1 the ,secretary of the ,treasury has charge of the finances of the nation4 ,he is required to prepare plans for the creation and improvement of the revenues and the public credit and to superintend the collection of the revenue4 ,he gives orders for all moneys drawn from the ,treasury in accordance with appropriations made by ,congress1 and submits an annual report to ,congress which contains an estimate of the probable receipts and expenditures of the government4 ,the ,auditors4--,it is very important that the accounts of the government should be carefully scrutinized1 and one of the six auditors connected with the ,treasury ,department must pass upon the accounts of every public officer who pays out money4 ,thus1 the ,auditor for the ,treasury ,department examines all accounts of salaries and incidental expenses of the office of the ,secretary of the ,treasury and all other offices under his immediate direction1 such as the ,treasurer and ,directors of the ,mints4 ,the ,treasurer4--,all the money of the ,united ,states is under the care of the ,treasurer4 ,he receives and pays it out upon the warrant of the ,secretary of the ,treasury or a designated assistant1 redeems the notes of the ,national banks1 and manages the ,independent ,treasury ,system4 ,this system renders the ,treasury ,department practically independent of the banks of the country4 ,it includes the ,treasury at ,washington and sub-treasuries1 each in charge of an assistant treasurer at ,boston1 ,new ,york1 ,philadelphia1 ,baltimore1 ,cincinnati1 ,chicago1 ,st4 ,louis1 ,new ,orleans1 and ,san ,francisco4 ,while the greater part of the money belonging to the government is found in these places1 about two hundred ,national banks have also been designated as public depositories4 ,the ,chief of the ,bureau of ,engraving and ,printing4--,the ,bureau#ea of ,engraving and ,printing is one of the largest in the department and employs about #afjj people4 ,it has been said that the products of this bureau1 in the course of a single year1 represent a sum equal in value to all the money in circulation in the ,united ,states2 for here the engraving of the plates and the printing of all the ,united ,states circulating notes1 bonds1 revenue stamps1 and postage stamps are done4 ,footnote #ea3 ,the work of each department is usually distributed among the bureaus4 ,bureaus are again divided into divisions4 ,at the head of each bureau is a commissioner1 and of each division a chief4 ,other ,officers of the ,treasury ,department4--,among the other leading officials of the ,treasury ,department are3 ,comptroller of the ,currency1 ,commissioner of ,internal ,revenue1 ,general ,superintendent of the ,life-saving ,service1 ,solicitor of the ,treasury1 ,supervising ,surgeon-,general1 and ,supervising ,architect4 ,the ,life-,saving ,service4--,this is one of the most important offices in the ,treasury ,department4 ,more than #bjjj men are employed in the #bgc stations1 located generally at danger points on the oceans and the ,great ,lakes4 ,out of the #fjjj lives imperiled in the year #aiaj in the disasters on water1 only #ec were lost4 ,of the #adfc vessels of all kinds in distress1 #adjg were rendered assistance by life-savers4 ,it has been estimated that over #bcj1jjj lives have been saved through this service since it was founded in #ahdh4 ,the ,solicitor of the ,treasury4--,the ,solicitor of the ,treasury is the law officer of the department1 and has charge of all prosecutions by the government arising out of the counterfeiting of the government securities1 or of the infringement of customs revenue1 and of all suits for the collection of moneys due the ,united ,states1 except those due under the internal revenue laws4 ,the ,supervising ,surgeon-,general4--,the ,supervising ,surgeon-,general superintends the twenty-two marine hospitals where our sick sailors are cared for2 conducts the quarantine service of the ,united ,states1 and directs the laboratories for the investigation of the causes of contagious diseases4 ,,the ,,war ,,department4 ,the ,secretary of ,war4--,the ,secretary of ,war1 under the direction of the ,president1 has charge of the military affairs of the government4 ,he supervises all estimates of appropriations for the expenses of the department4#eb ,he has under his supervision also the military academy at ,west ,point1 all ,national cemeteries1 and river and harbor improvement4 ,the chiefs of the eleven bureaus are regular army officers4 ,footnote #eb3 ,the annual appropriation by ,congress for the army alone in #aiab amounted to #ij1dhc1djc4 ,the ,adjutant-,general4--,the ,adjutant-,general issues orders for the muster of troops and for their movement1 conducts the correspondence of the department1 and keeps the records4 ,the ,inspector-,general4--,the ,inspector-,general examines and reports on all places where ,united ,states troops are stationed2 on public works carried on by army officers2 and on the military academy and prisons4 ,the ,quartermaster-,general4--,under direction of the ,quartermaster-,general the army is transported1 clothed1 and equipped4 ,the ,chief of ,ordnance4--,arms are supplied by the ,chief of ,ordnance4 ,the arms used are manufactured chiefly in the ,united ,states arsenals4 ,the arsenals at ,springfield1 ,mass41 and ,rock ,island1 ,ill41 manufacture rifles and carbines2 and that at ,west ,troy1 ,n4,y41 cannon and mortars4 ,the ,united ,states ,military ,academy4--,the ,united ,states ,military ,academy at ,west ,point was founded in #ahjb4 ,the corps of cadets is made up of one cadet from each of the ,congressional districts1 one from each of the ,territories and the ,district of ,columbia1 and one hundred from the ,united ,states at large4 ,prior to the year #aijj there were only ten cadets at large4 ,the act of that year also provided that thirty cadets were to be named by the ,president directly and the remainder apportioned among the ,states4 ,they all receive their appointments from the ,president1 but it has become the custom for the representatives and delegates to select 7usually after a competitive examination7 those from the ,congressional districts and the ,territories4 ,the cadet must be between seventeen and twenty-two years of age4 ,each receives #edj a year during the four years of his course4 ,upon graduation1 the cadets are commissioned as second lieutenants in the united ,states army4 ,in case there are more graduates than vacancies1 those in excess are honorably discharged with the payment of one year's salary4 ,,the ,,navy ,,department4 ,the ,secretary of the ,navy--,the duties of the ,secretary of the ,navy pertain to the construction1 manning1 arming1 quipping1 and employment of war-vessels4#ec ,footnote #ec3 ,the appropriation for this department in #aiac was #adj1jjj1jjj4 ,the ,united ,states ,naval ,academy4--,the naval academy at ,annapolis was established in #ahdf4 ,one cadet is allowed in the naval academy for each member or delegate of the ,house of ,representatives1 one for the ,district of ,columbia1 and ten at large4 ,candidates for admission1 at the time of their examination1 must be between the ages of fifteen and twenty years4 ,the nomination of a candidate to fill a vacancy is made upon recommendation of a representative or delegate if made before ,july #a2 but if no recommendation be made by that time1 the ,secretary of the ,navy fills the vacancy by appointing an actual resident of the district in which the vacancy exists4 ,the ,president selects the candidates at large and the cadet for the ,district of ,columbia4 ,at the conclusion of the six years' course1 two of which are spent at sea1 the graduates are assigned in order of merit to the vacancies that may have occurred in the lower grades of the line of the navy and of the marine corps4 ,cadets who are not assigned to service after graduation are honorably discharged and are given #ejj1 the amount they have received each year of their course at the academy4 ,,the ,,department ,,of ,,justice4 ,the ,attorney-,general4--,the ,attorney-,general is the legal adviser of the ,president and of the heads of the departments4 ,he supervises the work of all the ,united ,states district attorneys and marshals1 and is assisted by the ,solicitor-,general4 ,unless otherwise directed1 all cases before the ,supreme ,court and the ,court of ,claims in which the ,united ,states is a party are argued by the ,attorney-,general and the ,solicitor-,general4 ,,the ,,post-,,office ,,department4 ,the ,postmaster-,general4--,the ,postmaster-,general is at the head of this department4 ,he appoints all of the officers of the department with the exception of the four assistant postmasters-general and postmasters of the first class1 whose appointments are made by the ,president with the consent of the ,senate4 ,the ,postmaster-,general may1 with the consent of the ,president1 let contracts and make postal treaties with foreign governments4 ,the ,postal ,union4--,since #ahia the ,united ,states has been a member of the ,universal ,postal ,union4 ,by this union over fifty distinct powers became parties to an agreement by which uniform rates of postage were agreed upon and every facility for carrying mails in each country was extended to all the others4 ,,the ,,department ,,of ,,the ,,interior4 ,the ,secretary of the ,interior4--,the ,interior ,department1 under the supervision of the ,secretary of the ,interior1 is one of the most complex and important of the departments4 ,there are two assistant secretaries in the department1 while at the head of the other offices are six commissioners and two directors4 ,the ,commissioner of the ,general ,land ,office4--,the ,commissioner of the ,general ,land ,office has charge of all the public lands of the government1 and supervises the surveys1 sales1 and issuing of titles to this property4 ,the ,commissioner of ,education4--,the ,commissioner of ,education is the chief of the ,bureau of ,education4 ,this bureau has charge of the collection of facts and statistics relating to the educational systems and to progress along educational lines in the several ,states and ,territories1 and also in foreign countries4 ,the reports issued by the bureau are of great value to those interested in education4 ,the commissioner has advisory power only1 except in ,alaska4 ,here he directs the management of the schools4 ,the ,commissioner of ,pensions4--,the ,commissioner of ,pensions supervises the examination and adjustment of all claims arising under the laws of ,congress granting bounty land or pensions on account of services in the army or navy during the time of war4 ,that our government has not been ungrateful may be gathered from the report of the commissioner for #aiac4 ,there were in that year #iba1jjj pensioners1 to whom were paid approximately #ahj1jjj1jjj1 or an amount equal to about one-fifth of the total revenues of the country4 ,the ,commissioner of ,indian ,affairs4--,prior to #ahga the ,indian tribes were treated as independent nations by the ,united ,states1 but by a law of that year the general government was made the guardian of their interests4 ,the ,commissioner of ,indian ,affairs exercises a protecting care over these wards by directing the work of the ,indian agents and of the superintendents of ,indian schools4 ,there are some #cjj1jjj ,indians on the #aej reservations which are in the various ,states and ,territories4#ed ,the lands of these reservations are held in common2 that is1 the ownership is tribal rather than individual4 ,it is the policy of the government1 however1 to bring about the allotment of lands in severally1 and thus to encourage the ,indians to adopt an agricultural life4 ,the ,indians are only partially self-supporting4 ,some tribes derive an income from funds which are the proceeds derived from the sales and cessions of their lands4 ,the ,national government holds this money in trust for them1 and1 by direct appropriation1 supplies the money1 food1 and clothing necessary to complete their support4 ,the appropriation for the ,indians in #aiab was #i1hed1jjj4 ,over one-fourth of this sum was spent for their education in ,indian schools1 numbering about #cjj1 which are under the direct control of the department4 ,footnote #ed3 ,report of the ,secretary of the ,interior1 #aiaj4 ,within twelve years #hi1jjj ,indians were granted full rights as citizens4 ,the ,director of the ,geological ,survey4--,the ,director of the ,geological ,survey collects much valuable information through the examination of the geological structure1 mineral resources1 and mineral products of the ,united ,states4 ,he has charge1 also1 of the survey of the forest reserves4 ,,the ,,department ,,of ,,agriculture4 ,the ,secretary of ,agriculture4--,the duties of the ,secretary of ,agriculture are1 ,to acquire and diffuse among the people of the ,united ,states useful information on subjects connected with agriculture in the most comprehensive sense of that word4 ,the activities of the department are along many lines1 as indicated by the names of the bureaus and divisions4 ,bureau of ,animal ,industry4--,continuous advancement is being made by the government toward placing the agricultural pursuits upon a more scientific basis4 ,one of its most important services is performed in the ,bureau of ,animal ,industry1 which inspects the greater part of the meat products exported to ,european countries4 ,the law providing for this inspection was necessary because of the claim in ,european markets that diseased meats were shipped from the ,united ,states4 ,an inspection is also provided for live animals intended for exportation and for animals imported4 ,much scientific work is also devoted to a study of the various diseases of animals4 ,the ,division of ,seeds4--,over #ajj1jjj are expended each year by the ,division of ,seeds in the purchase of rare and valuable seeds1 bulbs1 and plants4 ,these are distributed free throughout the country for the purpose of fostering the introduction of new and more valuable crops4 ,public ,road ,inquiries4--,another important interest is carried on by the ,office of ,public ,road ,inquiries4 ,here experiments are made with regard to the best system of road-making and the best materials to be used for that purpose4 ,weather ,bureau4--,through the ,weather ,bureau daily forecasts and warning of storms are sent to over #ej1jjj different points1 and storm signals are displayed at #cjj places on our coasts4 ,by its operation1 millions of dollars are saved each year to the agricultural and maritime interests of the country4 ,a recent decree of the ,post-office ,department renders the reports of the bureau of still greater service4 ,slips of paper having the storm1 frost1 or other warnings printed on them are distributed by the rural mail carriers at the various houses in the districts affected4 ,,the ,,department ,,of ,,commerce4 ,nature of the ,department4--,because of the nature of the subjects assigned to this new department1 it has rapidly become one of the most important of the departments4 ,among the duties of the ,secretary of ,commerce are these3 to promote the commerce and the mining1 manufacturing1 shipping1 fishery1 and transportation interests of the ,united ,states4 ,the ,president is given the power to transfer to the department those bureaus in other departments which are engaged in scientific or statistical work1 the ,interstate ,commerce ,commission and the scientific divisions of the ,agricultural ,department being excepted4 ,the offices which have been transferred are as follows3 the ,bureau of ,statistics2 ,census ,bureau2 ,bureau of ,standards of ,weights and ,measures2 ,bureau of ,navigation2 the ,steamboat ,inspection ,service2 ,bureau of ,fisheries2 ,coast and ,geodetic ,survey and ,light-house ,board4 ,the ,bureau of ,corporations was created for the department4 ,the ,commissioner of ,corporations is expected to investigate the organization1 conduct1 and management of the business of corporations and other combinations engaged in interstate or foreign commerce1 except such carriers as may be subject to the interstate commerce act4 ,the ,chief of the ,bureau of ,statistics4--,the ,chief of the ,bureau of ,statistics collects and publishes the annual statistics on commerce4 ,these reports are of such a character that they are invaluable to the ,president in the preparation of his messages2 and they are used extensively by the heads of departments1 members of ,congress1 and the public4 ,tariff laws1 special legislation for particular industries1 and all international trade treaties are also based on these compilations4 ,the greatest demand is for the ,annual ,statistical ,abstract1 which presents in a condensed form the history of the commerce of the ,united ,states for a number of preceding years4 ,the ,superintendent of the ,coast and ,geodetic ,survey4--,this officer superintends the survey of the coasts and rivers of the ,united ,states4 ,he has charge of the publication of charts and sailing directions which are of inestimable value to mariners4 ,the ,light-,house ,board4--,the ,light-house ,board has charge of the light-houses1 of which #aaii had been established previous to the year #ahii1 besides the light vessels and beacons used for the protection of navigation4 ,,the ,,department ,,of ,,labor4 ,on ,march #d1 #aiac1 the bill was signed by the ,president which created the ,department of ,labor4 ,it is evidence of the spirit manifested by the ,americans to make their government serve the cause of human conservation4 ,besides the ,bureau of ,information1 which was created for the department1 there were transferred from other departments the ,bureau of ,immigration#ee and the ,children's ,bureau4 ,the ,division of ,naturalization was made a bureau1 and the ,bureau of ,labor was constituted the ,bureau of ,labor ,statistics4 ,footnote #ee3 ,in #aiab there were #hch1agb immigrants to the ,united ,states1 and #bhec were refused admission4 ,of these there were #gfg paupers1 #ca contract laborers1 #gdi diseased persons4 ,,supplementary ,,questions ,,and ,,references4 #a4 ,does the ,president select the members of his ,cabinet from among former members of ,congress8 ,would this be desirable8 #b4 ,have the members of the ,cabinet ever been allowed to appear before ,congress in the interests of their own departments8 ,would this be desirable8 ,walker1 ,the ,making of the ,nation1 #ib2 ,bryce1 ,american ,commonwealth1 ,i1 ,chapter #i2 ,atl4 ,mo41 #fe3gga-ggb4 #c4 ,who are now the heads of the executive departments8 ,were they prominent in ,national affairs before they were selected for these positions8 #d4 ,in #aija a bill was introduced in the ,house of ,representatives which provided for an increase of the annual salary of the ,vice-,president to #be1jjj1 and that of each member of the ,cabinet to #ae1jjj4 ,what reasons can you give for or against such a change8 #e4 ,what was the history of the ,state ,department prior to #aghi8 ,harrison1 ,this ,country of ,ours1 #ahb-ahg4 #f4 ,give a list of the ,presidents who have been ,secretaries of ,state4 ,how do you account for this policy in the first years of our government1 and not at a later time8 ,name some of the other prominent ,secretaries of ,state4 #g4 ,who are our ambassadors8 ,can you give the name of any foreign ambassadors in ,washington8 ,see ,congressional ,directory4 #h4 ,the methods by which our ministers are selected1 take possession of their offices1 and are presented at foreign courts1 are described in ,curtis1 ,the ,united ,states and ,foreign ,powers1 #ae-ba4 #i4 ,the duties of ministers4 ,curtis1 ,the ,united ,states and ,foreign ,powers1 #bb-bf4 #aj4 ,are our ambassadors given adequate salaries8 ,curtis1 ,the ,united ,states and ,foreign ,powers1 #ac1 #ad4 #aa4 ,from a consular report learn what the duties of a consul are8 ,curtis1 ,the ,united ,states and ,foreign ,powers1 #cj-cc4 #ab4 ,for an account of our consular service1 a comparison with that of other nations1 and a consideration of some of the weaknesses in our system1 see ,curtis1 ,the ,united ,states and ,foreign ,powers1 #bh-cj4 #ac4 ,a business man and the consular service4 ,century ,mag41 #fj3 #bfh-bga4 #ad4 ,abuses in our consular system arising through appointment4 ,atl ,mo41 #he3dee-dff1 and #ffi-fhc4 #ae4 ,a plea for consular inspection4 ,forum1 #cj3bh-cd4 #af4 ,what is the great seal of the ,united ,states1 and what is its use8 ,harrison1 ,this ,country of ,ours1 #aii-bjj4 #ag4 ,what is the particular work of the ,marine ,department8 of the ,steamboat ,inspection ,service8 of the ,marine ,hospital8 ,lyman ,j4 ,gage1 ,organization of the ,treasury ,department1 ,cosmopolitan1 #be3cee-cfe4 #ah4 ,what is the work of the ,bureau of ,engraving and ,printing8 ,spofford1 ,the ,government as a ,great ,publisher1 ,forum1 #ai3cch-cdi4 #ai4 ,what is the extent of our merchant marine8 ,should it be increased8 ,statistical ,abstract of the ,united ,states1 #aijj1 #dcg-dej4 #bj4 ,from the appendix to the last ,finance ,report get the chief points connected with the work of the following officials3 ,treasurer1 ,chief of the ,secret ,service ,division4 ,a good description of the ,treasury ,department is given in ,scribner's ,mag41 #cc3djj-daa4 #ba4 ,from the last report of the ,bureau of ,statistics find answers for the following3 ,the expenditures of the government in the different departments2 value of merchandise imported and exported2 amounts of corn1 wheat1 cotton1 wool1 and iron produced1 imported1 and exported2 the chief nationalities of immigrants1 and comparison of the total number with previous years4 #bb4 ,are our coasts well defended8 ,harrison1 ,this ,country of ,ours1 #bbe4 #bc4 ,describe the work of the ,president1 ,secretary of ,war1 ,secretary of the ,navy1 and of the other ,cabinet officers at the outbreak of war4 ,cosmop41 #be3bee-bfd4 #bd4 ,for illustrated articles on education at ,west ,point and ,annapolis1 see ,outlook1 #ei3hbe-hcg1 #hci-hdi4 #be4 ,comparison of our pension system with that of other nations4 ,forum1 #cc3cdf-cdh4 #bf4 ,defects in our pension system4 ,forum1 #ca3fgj-fhj4 #bg4 ,changing character of the immigration to the ,united ,states4 ,rev4 of ,r's1 #bd3gbc1 #gbd4 #bh4 ,why the ,chinese should be excluded4 ,forum1 #cc3ec-ei4 #bi4 ,why the ,chinese should be admitted4 ,forum1 #cc3ej-fh4 #cj4 ,influence of the allotment of land on the ,indian4 ,forum1 #cd3dff-dhj4 #ca4 ,results of the work of experiment stations4 ,scribner's ,mag41 #ca3fdc-ffj4 #cb4 ,for accounts of the new ,congressional ,library1 see ,century ,mag41 #ec3fhb-fid2 #fid-gaa2 ,atl4 ,mo41 #he3ade-aeh2 ,cosmop41 #bc3aj-bj4 #cc4 ,what is the special value of the work of the ,bureau of ,american ,republics8 ,forum1 #cj3ba-bg4 ,for other questions and references on the topics in this chapter1 consult ,government in ,state and ,nation1 #bei1 #bfj4 ,,chapter ,,xvi4 ,,the ,,national ,,judiciary4 ,,article ,,iii4 ,establishment of an ,independent ,tribunal4--,alexander ,hamilton characterized the lack of a judiciary as the crowning defect of government under the ,confederation4 ,if we consider the nature of our present government1 it is easily seen that some form of independent tribunal is necessary4 ,we have a central government exercising complete control over ,national affairs and foreign relations and1 at the same time1 the ,state governments with equally complete control over questions arising within their limits4 ,if differences arise1 then1 as to the authority of ,national or ,state government over a given question1 how are these disputes to be settled peaceably8 ,after a brief discussion1 the problem was answered in the ,constitutional ,convention by the formation of a ,federal judiciary4 ,organization of the ,judiciary4--,the organization of the judiciary is provided for as follows3 ,section #a4 ,the judicial power of the ,united ,states shall be vested in one ,supreme ,court1 and in such inferior courts as the ,congress may from time to time ordain and establish4 ,the judges1 both of the ,supreme and inferior courts1 shall hold their offices during good behavior1 and shall1 at stated times1 receive for their services a compensation which shall not be diminished during their continuance in office4 ,in #aghi ,congress provided that the ,supreme ,court should consist of a chief justice and five associates4 ,circuit and district courts were also established4 ,the ,supreme ,court at present consists of the chief justice and eight associate justices4 ,it holds one session annually1 at ,washington1 beginning on the second ,monday in ,october and continuing until about ,may #a4 ,district ,courts4--,the territory of the ,united ,states has been divided into judicial districts1 none of them crossing ,state lines and each having a district court4 ,new ,york and ,texas have each four districts2 ,alabama1 ,pennsylvania1 and ,tennessee three each2 ,arkansas1 ,california1 ,florida1 ,georgia1 ,illinois1 ,iowa1 ,kentucky1 ,louisiana1 ,mississippi1 ,michigan1 ,missouri1 ,north ,carolina1 ,ohio1 ,oklahoma1 ,virginia1 ,washington1 ,wisconsin1 and ,west ,virginia two each2 and the remaining ,states have each a single district4 ,alaska and ,hawaii constitute a district4 ,generally there is a judge for each district1 but a single judge is at times assigned to two districts4 ,united ,states ,district ,attorneys and ,marshals4--,a district attorney and marshal are appointed by the ,president for each district court4 ,the ,united ,states district attorney is required to prosecute all persons accused of the violation of ,federal law and to appear as defendant in cases brought against the government of the ,united ,states in his district4 ,the ,united ,states marshal executes the warrants or other orders of the ,united ,states district court1 and1 in general1 performs duties connected with the enforcement of the ,federal laws which resemble the duties of sheriffs under ,state laws4 ,circuit ,courts and ,courts of ,appeals4--,established by the act of #aghi1 each circuit court was at first presided over by a justice of the ,supreme ,court and a district judge4 ,the policy was to have as many circuit courts as there were justices of the ,supreme ,court4 ,it was not until #ahfi that a circuit judge was provided for each of the nine circuits4 ,by an ,act of ,congress during the year #aiaa1 in response to the agitation for a simplified ,federal judicial system and greater expedition in the hearing of cases1 the circuit courts were abandoned4 ,judges of these courts were transferred to the circuit courts of appeals4 ,the circuit courts of appeals consist of three judges each1 any two constituting a quorum4 ,supreme ,court judges and district judges may sit in these courts4 ,the ,court of ,claims was established in #ahee and consists of a chief justice and four associates4 ,it holds an annual session in ,washington4 ,terms and ,salaries of the ,judges4--,that the judiciary should be independent of parties and of other influences cannot be questioned4 ,hence the wisdom of the provision that ,united ,states judges shall hold their offices during good behavior and shall receive a compensation for their services which shall not be diminished during their continuance in office4 ,judges of the ,united ,states courts are appointed by the ,president with the consent of the ,senate4 ,by an ,act of ,congress of #aiaa the salary of the ,chief ,justice was fixed at #ae1jjj per annum2 that of associate justices1 #ad1ejj2 and district judges1 #fjjj4 ,jurisdiction of the ,national ,courts4--,we are next to consider the jurisdiction of the several courts that have been described4 ,section #b1 ,clause #a4 ,the judicial power shall extend to all cases1 in law and equity1 arising under this ,constitution1 the laws of the ,united ,states1 and treaties made1 or which shall be made1 under their authority2--to all cases affecting ambassadors1 other public ministers and consuls2--to all cases of admiralty and maritime jurisdiction2--to controversies to which the ,united ,states shall be a party2--to controversies between two or more ,states2--between a ,state and citizens of another ,state2--between citizens of different ,states2--between citizens of the same ,state claiming lands under grants of different ,states1 and between a ,state1 or the citizens thereof1 and foreign states1 citizens or subjects4 ,a careful consideration of this clause shows the wide extent of the powers of the ,united ,states courts4 ,it shows also the desirability of having all such cases under their jurisdiction rather than under the authority of the ,state courts4 ,associate ,justice ,brewer wrote1 with reference to the influence of the decisions of the ,supreme ,court on the history of the country3#ef ,its decisions have always been in harmony with and sustaining the proposition that this republic is a nation acting directly upon all its citizens1 with the attributes and authority of a nation1 and not a mere league or confederacy of ,states4 ,the importance of this cannot be overestimated1 and will be appreciated by all who compare the weakness of the old confederacy with the strength and vigor of the republic under the present ,constitution4 ,footnote #ef3 ,the ,supreme ,court of the ,united ,states1 ,scribner's ,mag41 #cc3bge1bgf4 ,suit against a ,state by a ,citizen of ,another ,state4--,in the notable case of ,chisholm vs4 ,georgia in #agic1 ,chisholm1 a citizen of ,north ,carolina1 began action against the ,state of ,georgia in the ,supreme ,court of the ,united ,states4 ,that court interpreted the clause as applying to cases in which a ,state is defendant1 as well as to those in which it is plaintiff4 ,the decision was received with disfavor by the ,states1 and ,congress proposed the ,eleventh ,amendment to the ,constitution1 which was ratified in #agih and is 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 ,states1 by citizens of another ,state1 or by citizens or subjects of any foreign state4 ,original and ,appellate ,jurisdiction4--,clause #b4 ,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 ,in all the other cases before mentioned1 the ,supreme ,court shall have appellate jurisdiction1 both as to law and fact1 with such exceptions1 and under such regulations as the ,congress shall make4 ,the ,supreme ,court has original jurisdiction in all cases affecting ambassadors1 other public ministers and consuls1 and those in which a ,state shall be a party4 ,original jurisdiction means that these cases may be begun in the ,supreme ,court4 ,other cases are brought to the ,supreme ,court from the inferior ,united ,states courts or from the supreme courts of the ,states and ,territories by appeal4 ,in such cases the ,supreme ,court is said to have appellate jurisdiction4 ,jurisdiction of the ,inferior ,courts4--,it is difficult in brief space to define minutely the province of each court ,the following accounts1 therefore1 give only a general description3-- ,the circuit courts of appeals are given final jurisdiction in certain cases appealed to them from the district courts1 such as those arising under the patent1 revenue1 and criminal laws1 as well as admiralty and other cases in which the opposing parties to a suit are an alien and a citizen1 or are citizens of different ,states4 ,there is reserved to the ,supreme ,court the decision of cases involving constitutionality4 ,the circuit courts of appeals have the final decision in nearly all other cases involving merely the application of ordinary law4 ,the jurisdiction of the district courts embraces criminal cases1 admiralty cases1 bankruptcy proceedings1 suits for penalties1 and the like4 ,in general1 the jurisdiction of cases formerly in the circuit courts was transferred to the district courts when the circuit courts were discontinued4 ,the ,court of ,claims shall hear and determine all claims founded upon any law of ,congress1 or upon any regulation of an executive department1 or upon any contract1 express or implied1 with the government of the ,united ,states1 which may be suggested to it by a petition filed therein2 and also all claims which may be referred to said court by either house of ,congress4#eg ,footnote #eg3 ,statutes at ,large1 #fab4 ,trial by ,jury4--,the right of trial by jury in all criminal cases had been insisted upon by ,englishmen for centuries prior to the formation of our ,constitution4 ,there were two branches to the system1 the grand and the petit juries4 ,each performed the same duties as they do now4 ,the ,constitution provides in ,section #b1 ,clause #a1 that ,the trial of all crimes1 except in cases of impeachment1 shall be by jury1 and such trial shall be held in the ,state where the said crime shall have been committed2 but when not committed within any ,state1 the trial shall be at such place or places as the ,congress may by law have directed4 ,this clause was attacked by the opponents of the ,constitution in the ,state conventions4 ,it was believed that the ,constitution did not furnish adequate safeguards against unjust prosecutions4 ,because of this agitation1 ,congress1 in its first session1 proposed ,amendments ,v1 ,,vi1 ,,vii1 and ,,viii1 which were duly ratified by the several ,states4 ,amendment ,v4 ,no person shall be held to answer for a capital1 or otherwise infamous crime1 unless on a presentment or indictment of a grand jury1 etc4#eh ,footnote #eh3 ,see ,appendix ,a4 ,authorities have had difficulty in giving an exact definition of an infamous crime4 ,that given by ,judge ,cooley is the most satisfactory4 ,he says3 ,but the punishment of the penitentiary must always be deemed infamous1 and so must any punishment that involves the loss of civil or political privileges4 ,the ,grand ,jury4--,a grand jury consists of from twelve to twenty-three men4 ,they sit in secret1 and no accusation can be made by them without the concurrence of at least twelve4 ,an indictment is a written accusation of an offense drawn up by a prosecuting officer on behalf of the government and laid before the grand jury4 ,a presentment is an accusation by a grand jury of an offense upon their own observation and knowledge1 or upon evidence before them1 and without any bill of indictment laid before them at the suit of government4#ei ,in the case of a presentment1 the party accused cannot be held to trial until he has been indicted4 ,after hearing the evidence1 if the grand jury concludes that the accusation is not true1 they write on the back of the bill1 ,not a true bill or ,not found4 ,the accused1 if held in custody1 is then given his freedom1 but he may be again indicted by another grand jury4 ,if the grand jury decides that the accusation is true1 they then write on the back of the bill1 ,a true bill or ,found4 ,the indicted person must be held to answer the charges made against him4 ,footnote #ei3 ,story1 ,commentaries on the ,constitution1 #aghd4 ,rights of the ,accused4--,amendment ,,vi4 ,in all criminal prosecutions1 the accused shall enjoy the right to a speedy and public trial1 by an impartial jury of the ,state and district wherein the crime shall have been committed1 etc4 7,see ,appendix ,a74 ,amendment ,,vii4 ,in suits at common law1 where the value in controversy shall exceed twenty dollars1 the right of trial by jury shall be preserved1 and no fact tried by a jury shall be otherwise reexamined in any court of the ,united ,states1 than according to the rules of the common law4 ,the accused must be given a public and speedy trial before an impartial jury1 known as the petit jury1 consisting of twelve men from the district wherein the crime was committed4 ,the decision must be unanimous before a verdict can be rendered4 ,the accused is given a copy of the indictment in which the nature of the accusation is clearly set forth and is granted time in which to prepare for his defense4 ,equally just and significant are the provisions that he shall be confronted by the witnesses against him1 may compel the attendance of witnesses in his favor1 and may employ counsel for his defense4 ,in case he is not able to pay for his own counsel1 the judge appoints one whose services are paid for out of the public treasury4 ,if the verdict has been rendered by a jury and the judgment pronounced1 the accused cannot be again brought to trial on the same charge4 ,,supplementary ,,questions ,,and ,,references4 #a4 ,what are the names of the members of the ,supreme ,court at present8 ,congressional ,directory4 #b4 ,how large is the district in which your home is located8 ,who are the judges8 ,congressional ,directory4 #c4 ,under what conditions may a case be appealed from the supreme court of the ,state to the ,united ,states ,supreme ,court8 ,bryce1 ,american ,commonwealth1 ,i1 #bbh-bcj 7#bcb-bcd74 #d4 ,how is the fact that conflicts between the authority of the ,federal and the ,state courts do not arise1 accounted for8 ,bryce1 ,i1 #bcd-bce 7#bch74 #e4 ,are the ,united ,states ,courts influenced in their decisions by politics8 ,bryce1 ,i1 #bei-bfa 7#bfe-bfg74 #f4 ,define treason and the punishment therefore4 ,constitution1 ,art4 ,,iii1 ,sec4 #c1 ,clauses #a and #b4 ,see ,government in ,state and ,nation1 #bfh1 #bfi4 #g4 ,describe the influence of ,john ,marshall as ,chief ,justice4 7a47 ,john ,marshall1 ,american ,statesmen ,series1 ,chapters ,x and ,,xi4 7b47 ,bryce1 ,i1 #bfa 7#bfg74 7c47 ,lodge1 ,john ,marshall1 ,statesman1 ,n4 ,am4 ,rev41 #agb3aia-bjd4 7d47 ,john ,marshall1 ,atl4 ,mo41 #hg3cbh-cda4 #h4 ,show how the development of our ,constitution by interpretation has been brought about4 ,bryce1 ,i1 #cff-cge 7#cgf-che74 #i4 ,what has been the influence of the ,supreme ,court in the history of our nation8 ,scribner's ,mag41 #cc3bgc-bhd4 ,,chapter ,,xvii4 ,,territories ,,and ,,public ,,lands4 ,the ,history of ,territories4--,the first ,territories of the ,united ,states were formed in the region lying north of the ,ohio ,river and east of the ,mississippi ,river4 ,here several of the original ,states 7viz41 ,massachusetts1 ,connecticut1 ,new ,york1 and ,virginia7 had had claims1 which they ceded to the general government during the period of the ,confederation4 ,this region was given the name ,northwest ,territory4 ,it was governed under the ,ordinance of #aghg enacted by ,congress for this purpose4 ,as settlers came into this region1 ,congress passed special acts for the government of the different ,territories that were erected where now we find the ,states of ,ohio1 ,indiana1 ,illinois1 ,michigan1 and ,wisconsin4 ,in like manner1 the region lying south of ,kentucky was ceded to the ,united ,states by the ,carolinas and ,georgia1 and was then formed into ,territories and governed by ,congress4 ,next1 the ,louisiana ,purchase1 ,florida1 the ,mexican ,cession1 and the ,oregon ,territory came under the control of ,congress2 a succession of ,territories was thus created1 all of which have now been admitted into the ,union as ,states4 ,in the government of these ,territories1 ,congress has acted in accordance with an important power granted to it by the ,constitution4 ,article ,,iv1 ,section #c1 ,clause #c4 ,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 ,states4 ,the ,government of ,territories4--,our ,territories at present are ,alaska1 ,porto ,rico1 and ,hawaii4 ,the governing authorities in each are3 7#a7 a governor1 appointed by the ,president1 with the consent of the ,senate2 7#b7 administrative officers--secretary1 treasurer1 auditor1 attorney-general1 adjutant-general1 and superintendent of education1 all appointed in the same way2 7#c7 a legislature consisting of two houses1 the members of the lower house1 at least1 being elected by popular vote2 7#d7 a system of courts in which the judges are appointed by the ,president and ,senate4 ,relations between ,territories and ,congress4--,a ,territory is organized by an ,act of ,congress which provides for these officers and prescribes their powers4 ,the ,territorial legislature controls the internal affairs of the ,territory2 but its acts may be changed or vetoed by ,congress4 ,the people of a ,territory have no voice in ,national affairs1 but they elect a delegate to ,congress1 who may debate but not vote4 ,porto ,rico4--,the government of ,porto ,rico is different at some points from that of the other organized ,territories4 ,the upper house of its legislature is the ,executive ,council and consists of the administrative officers of the ,territory 7secretary1 treasurer1 auditor1 commissioner of the interior1 attorney-general1 and commissioner of education7 and five other persons appointed by the ,president4 ,five of the eleven members of this council must be natives of ,porto ,rico4 ,the ,house of ,delegates has thirty-five members1 elected triennially by the voters4 ,there is elected by the people a resident commissioner to the ,united ,states1 who1 unlike the delegates from other ,territories1 has no seat in ,congress1 but rather has official relations with the ,president4 ,the ,territory of ,hawaii4--,hawaii was annexed to the ,united ,states in #ahih1 and its government was established by ,congress in #aijj4 ,the administrative officers in this ,territory are appointed by the governor1 instead of by the ,president4 ,voters in ,hawaii must be able to read and write either the ,english or ,hawaiian language4 ,alaska4--,by a law of #aiab1 ,alaska was given for the first time a ,territorial legislature1 consisting of two houses1 elected by the people4 ,our ,government in the ,philippine ,islands4--,the ,philippines constitute the largest part of our insular possessions1 and are not classed as ,territories4 ,the word colonies better expresses their relations to the ,united ,states4 ,they are governed by a commission of nine members3 the governor1 four heads of departments 7,americans71 and four ,filipinos4 ,all are appointed by the ,president with the consent of the ,senate4 ,this commission constitutes the upper house of the legislative body2 the lower house or assembly is elected from certain districts of the islands where the people are considered civilized and are at peace4 ,voters must be property-owners and be able to read and write ,english or ,spanish4 ,the entire group of islands is divided into provinces4 ,in some of these the people have local self-government2 in others there is military government under the ,united ,states army4 ,in many cities the government is similar to that of ,american cities4 ,besides numerous other small islands the ,united ,states possesses ,tutuila in the ,samoan group1 ,guam1 and ,wake ,island4 ,these are governed directly by the naval authorities of the government4 ,the ,panama ,canal ,zone is governed by the ,isthmian ,canal ,commission1 consisting of seven men appointed by the ,president4 ,the commission is subordinate to the ,war ,department at ,washington4 ,political ,relations with ,cuba4--,cuba was under the control of our military authority between the time when our troops occupied the island1 during the ,spanish-,american ,war1 and the announcement of its independence in ,may1 #aijb4 ,although ,cuba is now an independent republic1 it is considered as a protectorate of the ,united ,states1 and is subject to the influence of this nation in its dealings with other nations4 ,the ,admission of ,territories to ,statehood4--,while ,territories depend to a greater or less extent upon the nation for their government1 it has always been the policy of the ,united ,states to admit them into the ,union as ,states when conditions became right for this action4 ,that the power to admit ,states into the ,union belongs exclusively to ,congress is evident from the language of the ,constitution3 ,article ,,iv1 ,section #c1 ,clause #a4 ,new ,states may be admitted by the ,congress into this ,union2 but no new ,state shall be formed or erected within the jurisdiction of any other ,state2 nor 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 ,territories first apply for admission to the ,union1 and then either of two processes may follow3 7#a7 ,congress passes an enabling act authorizing the ,territory to frame a constitution1 which is submitted to ,congress for approval4 7#b7 ,or1 the ,territory frames its constitution without waiting for the enabling act2 with this in its hand the ,territory then applies to ,congress for admission4 ,in either case1 before giving its approval to the admission of a ,state1 ,congress must see that the constitution submitted contains nothing that is inconsistent with a republican form of government4 ,our ,public ,land ,policy4--,in the ,territories which lay between the ,allegheny ,mountains and the ,mississippi ,river1 and in all the acquisitions that have since been made1 the unoccupied#fj lands became the property of the ,united ,states4 ,so the ,national government became the possessor of many millions of acres of land1 and it still holds immense tracts in the ,western ,states and in its distant possessions4 ,upon the admission of a ,territory as a ,state1 the ownership of its public lands does not pass to the new ,state1 but remains with the ,national government4 ,the latter has followed a most liberal policy in dealing with its lands1 7#a7 ,it has granted great amounts to the ,states4 ,the school lands which are the basis of the common school funds in the ,western ,states were acquired in this way4 7#b7 ,many thousands of square miles have been granted to railroad companies as aid in the construction of their lines4 ,these lands are still being purchased at low rates by settlers in the ,west4 7#c7 ,the homestead law provides that citizens may acquire #afj acres of land1 or less1 free of cost1 on condition of living upon it for five years and improving it4 7#d7 ,millions of acres are still held by the government1 subject to sale at low prices4 ,footnote #fj3 ,exceptions to this statement must be made to cover certain lands reserved by some of the original ,states that ceded their claims to the ,united ,states2 as1 for instance1 the ,western ,reserve in ,ohio retained by ,connecticut1 and other lands in the same ,state retained by ,virginia4 ,at present the larger part of the public lands of the ,united ,states are arid2 that is1 they cannot be cultivated without irrigation4 ,by a law of #aijb1 the proceeds received from the sale of public lands in certain ,western ,states and ,territories will be expended by the ,national government in the construction of irrigation works4 ,this law is destined to have a great influence upon the future of our ,western ,states4 ,illustration ,the ,national ,system of ,survey4--,in the thirteen original ,states there was no uniform system of land survey1 but each tract of land was surveyed as necessity required1 generally after settlement had been made upon it4 ,the tracts were of very irregular shapes4 ,the boundary lines1 usually starting from some natural object1 were measured by rods or chains1 running in certain directions as ascertained by the use of the compass4 ,this method of survey is still in use in the ,eastern ,states4 ,according to a law of #aghe1 a uniform system of rectangular survey was applied to all lands belonging to the ,united ,states4 ,this survey has preceded settlers1 and has to some extent influenced the method of settlement and the nature of local government throughout the ,west4 ,the lands surveyed have been divided into townships six miles square4 ,for the boundaries of townships the law requires the use of north-and-south and east-and-west lines4 ,to secure starting points from which to run these lines1 it was necessary to designate certain meridians as ,principal ,meridians and certain parallels as ,base ,lines4 ,method of ,land ,description4--,the map indicates the location of ,principal ,meridians and ,base ,lines in the ,states north of the ,ohio ,river4 ,starting1 then1 from any ,principal ,meridian1 the tier of townships directly east is called ,range ,i2 the other ranges are numbered east and west of that meridian4 ,counting also from the ,base ,line1 the townships are numbered #a1 #b1 #c1 etc41 both north and south4 ,it thus becomes possible to locate precisely any particular township by a simple description3 e4g41 township #e north1 ,range ,,viii east of the first ,principal ,meridian4 ,since the eastern and western boundaries of townships are meridians1 they approach nearer to each other as they go farther north4 ,hence the townships become less than six miles from east to west as the survey proceeds northward from any base line4 ,this necessitates the running of standard parallel lines1 or correction lines1 at frequent intervals1 to be used as new base lines 7,figure #a74 ,illustration3 ,figure #a ,to still further facilitate the sale and description of lands1 the law provides for exact methods of subdividing the township into sections1 one mile square1 numbered as in ,figure #b4 ,each section is subdivided into rectangular tracts known as halves1 quarters1 half-quarters1 and quarter-quarters4 ,the designations of these divisions are by abbreviations and fractions4 7,see ,figure #c47 ,the number of acres in each tract is easily computed4 ,the rectangular system of survey has been a great aid in the subdivision and location of farm lands2 it greatly reduces the number of boundary disputes1 it determines very largely the location of country roads4 ,moreover1 the ,congressional township has become1 in a great many instances1 the area within which the political township or town has been organized4 ,this town1 however1 need not coincide with the ,congressional township2 it may be greater or smaller in area4 ,illustration3 ,figure #b4--,six ,,miles ,,square4 ---------------------------- #f #e #d #c #b #a ---------------------------- #g #h #i #aj #aa #ab ---------------------------- #ah #ag #af #ae #ad #ac ---------------------------- #ai #bj #ba #bb #bc #bd ---------------------------- #cj #bi #bh #bg #bf #be ---------------------------- #ca #cb #cc #cd #ce #cf ---------------------------- ,illustration3 ,figure #c4--,one mile square ------------------------------ ,n #a_/b ,,ne #a_/d ,,nw #a_/d ---------------- ,,se #a_/d ,,ne #a_/d ------------------------------ ,s #a_/b ------------------------------ ,,supplementary ,,questions ,,and ,,references4 #a4 ,for the history of land cessions1 references are given in ,government in ,state and ,nation1 p4 #ccd1 question #a4 #b4 ,the topics treated in this chapter are discussed in ,harrison1 ,this ,country of ,ours1 pp4 #bgj-bgi4 #c4 ,on public lands1 see ,reinsch1 ,young ,citizen's ,reader1 #ij-aja4 ,marriott1 ,uncle ,sam's ,business1 #age-ahd2 #bed-bfi4 ,,chapter ,,xviii4 ,,amendments ,,to ,,the ,,constitution4 ,methods of ,amending the ,constitution4--,we have already considered the effect of amendments on some of the original clauses#fa4 ,it now remains to consider1 briefly1 the methods of amending the ,constitution and a few other provisions found in the amendments4 ,article ,v provides for amendments as follows3-- ,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 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 provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article2 and that no ,state1 without its consent1 shall be deprived of its equal suffrage in the ,senate4 ,footnote #fa3 ,for ,amendment ,,xi1 see p4 #afj2 for ,amendment ,,xii1 see p4 #aai4 ,thus1 amendments may be proposed in either of two ways3 by a vote of two-thirds of both houses of ,congress2 or by a ,national convention called by ,congress for that purpose on the application of two-thirds of the ,state legislatures4 ,the convention method has never been used in proposing amendments to this ,constitution4 ,amendments may also be ratified in two ways3 by the legislatures in three-fourths of the several ,states2 or by conventions in three-fourths thereof4 ,congress has always selected the first of these methods4 ,amending the ,constitution ,difficult4--,that it is difficult to amend the ,constitution may be seen when we consider that some two thousand amendments have been proposed in an official way4 ,during a single session of the ,fifty-seventh ,congress1 fifty amendments1 on twenty different phases of government1 were proposed in one or other of the houses of ,congress4 ,amendment ,,xiii4--,the purpose of the first ten amendments has already been noted on p4 #aab4 ,the ,thirteenth1 ,fourteenth1 and ,fifteenth ,amendments were the results of negro slavery4 ,the ,emancipation ,proclamation granted freedom to all of the slaves in the ,states then in rebellion4 ,there were some ,states1 however1 as ,kentucky1 ,tennessee1 and ,missouri1 where slavery might still exist legally4 ,in order to be rid of this institution altogether1 ,congress proposed the ,thirteenth ,amendment to the ,constitution1 which is as follows3-- ,neither slavery nor involuntary servitude1 except as a punishment for crime whereof the party shall have been duly convicted1 shall exist within the ,united ,states1 or any place subject to their jurisdiction4 ,congress shall have power to enforce this article by appropriate legislation4 ,it was declared a part of the ,constitution1 ,december #ah1 #ahfe4 ,amendment ,,xiv4--,this amendment was proposed by ,congress1 ,june #af1 #ahff1 as a part of the general plan for reconstruction4 ,the ,southern ,states were not to be regarded as a part of the ,union until they should ratify it4 ,the entire amendment1 given in ,appendix ,a1 should be read4 ,sections #a and #b1 however1 contain the most important provisions4 ,section #a has already been partially discussed on p4 #ie1 under the question1 ,who are citizens8 ,section #b has also been considered on p4 #ed1 in connection with the apportionment of representatives4 ,congress has at different times removed the disabilities from certain of the classes mentioned in ,section #c4 ,finally1 an act of ,june #f1 #ahih1 removed the last disability imposed by this section4 ,amendment ,,xv4--,in order to secure full political rights for the negroes1 the ,fifteenth ,amendment was passed1 as indicated on p4 #ea4 ,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 ,the ,congress shall have power to enforce this article by appropriate legislation4 ,amendment ,,xvi4--,the ,congress shall have power to lay or collect taxes on incomes1 from whatever source derived1 without apportionment among the several ,states1 and without regard to any census or enumeration4 ,this amendment1 which provides for the laying of an income tax1 was adopted by the thirty-sixth legislature1 the requisite three-fourths1 on ,february #c1 #aiac4 ,it was hoped that the money supplied from this tax would make up for any loss of revenue due to the reduction of tariff duties4 ,the new tax will affect those whose yearly incomes are in excess of a certain line of exemption4 ,amendment ,,xvii4--,the ,senate of the ,united ,states shall be composed of two senators from each ,state1 elected by the people thereof1 for six years2 and each senator shall have one vote4 ,the electors in each ,state shall have the qualifications requisite for electors of the most numerous branch of the ,state legislature4 ,when vacancies happen in the representation of any ,state in the ,senate the executive authority of such ,state shall issue writs of election to fill such vacancies4 ,provided1 that the legislature of any ,state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct4 ,this amendment shall not be so construed as to affect the election or term of any senator chosen before it becomes valid as part of the ,constitution4 ,,supplementary ,,questions ,,and ,,references4 #a4 ,what facts can be given showing the difficulty of amending the ,articles of ,confederation8 ,fiske1 ,critical ,period1 #bah-bbj4 #b4 ,is it now considered difficult to amend the ,constitution8 ,bryce1 ,american ,commonwealth1 ,i1 #cei-cfb 7#cfh-cga74 #c4 ,what were the conditions under which the ,emancipation ,proclamation was issued8 ,wilson1 ,division and ,reunion1 #bbf-bbh4 #d4 ,was the adoption of the ,fifteenth ,amendment a wise policy8 #e4 ,give the arguments in favor of the ,sixteenth ,amendment4 #f4 ,what reasons can you give in favor of the ,seventeenth ,amendment8 ,,chapter ,,xix4 ,,the ,,governments ,,of ,,the ,,world4 ,kinds of ,governments4--,it is customary to classify the governments of the world under two heads3 7#a7 republics1 7#b7 monarchies4 ,the real nature of our republic may be made more apparent by a comparison of our system with that of other republics1 and with the governments of certain great monarchies4 ,our ,federal ,republic4--,it has been emphasized in the course of our study that the ,states are important parts in the political system which we call the ,republic of the ,united ,states4 ,the ,states are not mere administrative divisions of the nation2 they do not stand in the same relation to the ,national government that counties bear to the ,state4 ,they do not derive their powers from the ,national government2 nor1 on the other hand1 does the latter derive its powers from the ,states4 ,the source of power for both is the same--the people themselves1 as an organized body politic4 ,the ,united ,states is1 then1 a ,federal ,republic4 ,it is essential to understand that1 in the division of powers between ,states and nation1 the latter is sovereign over the matters that are placed within its jurisdiction2 but it is a feature of our system no less essential 7though less clearly understood by the people7 that the ,states are as completely sovereign over matters that lie within their control4 ,france a ,centralized ,republic4--,in ,france we find an entirely different type of republic--not federal1 but centralized4 ,france is divided into eighty-six departments1 which correspond in some respects to our ,states4 ,but in their relation to the central government the difference is very striking2 for the departments are merely administrative divisions of the central government4 ,they are completely subject to the national government4 ,the chief authority in each department is a prefect1 who is appointed by the ministry of ,france 7the central executive body7 and is responsible to it4 ,there is a legislative body in each department1 called the general council1 but the powers of this body are very much restricted4 ,the national government of ,france exercises legislative authority upon many subjects in the departments1 and it administers the laws directly4 ,consequently1 the people's powers of local self-government are very much less extensive than those enjoyed by the people in the ,united ,states4 ,there result in ,france much greater uniformity of legislation and more effective administration2 while in many parts of the ,united ,states local self-government results in corrupt laws and wasteful administration4 ,but we believe that the people will become educated in the use of political power if the responsibility for its use rests upon them1 rather than upon some central authority4 ,the ,swiss ,republic4--,an example of a federal republic is the government of ,switzerland4 ,here the cantons correspond to our ,states1 and each canton has control over its own local affairs1 without interference from the federal government4 ,the chief features of the ,french and the ,swiss governments are indicated in the accompanying outline3#fb ,footnote #fb3 ,among the ,south ,american republics1 ,brazil1 ,mexico1 and ,argentine ,republic are federal in nature1 like the ,united ,states and ,switzerland4 ,,united ,,states ,,switzerland ,,france ,congress ,federal ,assembly ,the ,chambers ,senate ,state ,council ,senate ,two members from ,two members from #cjj members elected each state each canton by an electoral college ,six years in each department ,house of ,national ,council ,chamber of ,deputies ,representatives #dcc members elected #adg members elected #eia deputies elected by people by people by people ,two years ,three years ,four years ,president ,president ,president ,elected by electors1 ,elected by ,federal ,elected by ,national i4e41 by the ,assembly ,assembly2 i4e4 people of the ,states ,one year ,senate and ,chamber ,four years of ,deputies in joint session ,seven years ,cabinet ,federal ,council ,ministry ,nine members appointed ,seven members ,twelve members appointed by ,president elected by ,federal by ,president and ,senate ,assembly ,constitutional ,monarchies--,monarchies are classified as 7#a7 constitutional and 7#b7 absolute4 ,in constitutional monarchies the ruler holds his position by heredity1 but there exists also a constitution1 which defines the distribution of powers among the branches that compose the government and fixes the limits of authority vested in each4 ,the ,british constitution is partly written1 as found in the great historical documents of ,english history1 such as ,magna ,charta 7#abae71 the ,petition of ,right 7#afbh71 and the ,bill of ,rights 7#afhi72fc and partly unwritten1 consisting of precedents and customs which are recognized as authoritative4 ,the constitutions of the other monarchies of ,europe were made during the nineteenth century1 and consequently they are younger than that of the ,united ,states4 ,footnote #fc3 ,compare the ,bill of ,rights in our ,constitution2 see pp4 #bef-bfj4 ,in all the constitutional monarchies we find legislative bodies similar to our ,congress4 ,in every case the lower house is elected by the voters2#fd in ,england1 the ,austrian ,empire1 ,italy1 and ,spain a number of the members of the upper house hold their position by hereditary right4 ,in respect to legislation1 therefore1 the constitutional monarchies are all more or less republican in principle2 that is1 they all recognize the supreme authority of the people acting through their representatives4 ,footnote #fd3 ,property qualifications for suffrage are common in ,european countries4 ,an absolute monarchy is one in which the authority of the ruler is not held in check by a constitution or by a body of men elected by the people4 ,no civilized country now has this form of government4 ,until recently there existed in ,europe two absolute monarchies--,russia and ,turkey4 ,the ,cabinet ,system of ,government4--,in the relations existing between their legislative and executive departments1 the ,european governments differ considerably from that of the ,united ,states4 ,in our government we find1 in theory at least1 that these departments are separated2 in the ,european governments there is a close relation of the legislative and executive branches1 through some form of cabinet responsibility4 ,this cabinet system of government is found in the republics as well as in the constitutional monarchies of ,europe1 and in the self-governing ,british possessions1 such as ,canada and the ,australian colonies4#fg ,the difference between the congressional and the cabinet systems is greater in appearance than in reality2 for in the ,united ,states the ,president and his ,cabinet exert considerable influence upon legislation4 ,,england ,,germany ,monarch--hereditary in the ,emperor--hereditary line fixed by ,parliament ,king of ,prussia ,cabinet ,ministry ,nineteen members#fe chosen by ,eight ministers1 ,chancellor at the ,prime minister the head1 appointed by the ,emperor ,parliament ,parliament ,limit of term1 seven years ,term1 five years ,house of ,lords ,bundesrath or ,general ,council #ehf members1 holding seats #eh members appointed by the 7#a7 by heredity1 7#b7 by ,german ,states appointment by crown1 7#c7 by election#ff ,house of ,commons ,reichstag or ,diet of the ,realm #fgj members elected by the #cig members elected by the people of ,england1 ,scotland1 people and ,ireland ,footnote #fe3 ,the number of members in the ministries of ,england and ,germany varies4 ,footnote #ff3 ,irish peers are elected for life1 and ,scottish peers are elected for the duration of a ,parliament4 ,footnote #fg3 ,this system finds its best illustration in the ,english government1 of which a brief description will be found in ,government in ,state and ,nation1 pp4 #aeg-afj4 ,for references1 see questions #ad and #ae1 p4 #afa4 ,the ,form and the ,spirit of ,government4--,the study of other governments and the comparison of them with our own will teach us that the virtue of a government resides1 not in its framework1 but in its spirit4 ,a government may be monarchical in form and republican in its practical workings4 ,in ,england1 and in others of the ,european monarchies1 the will of the people is the law of the land4 ,on the other hand1 a government may be republican in form1 and very unrepublican in its methods of operation4 ,there are cities and ,states in our country where one man1 the political boss1 or a group of men1 the political machine1 dictates the course of legislation and controls the administration of the law4 ,here we find1 in reality1 not republican governments1 but despotisms or oligarchies4 ,the final test of a government is found in the responsiveness of the governing authorities to the will of the majority of the people4 ,wherever republican institutions are found1 whether in republics or in monarchies1 the people may rule if they will4 ,monarchical and aristocratic institutions do not in our time stand long in opposition to a determined public opinion2 and1 on the other hand1 a framework of republican institutions will not insure the execution of the popular will4 ,this can only be secured where high-minded citizens are vigilant in the performance of their political duties4 ,,supplementary ,,questions ,,and ,,references4 #a4 ,the relations of nations are governed by the rules of international law4 ,government in ,state and ,nation1 #cja-cjc4 #b4 ,what progress has been made in the direction of settling disputes between nations by arbitration instead of by war8 ,government in ,state and ,nation1 #cjd-cjf4 ,,appendix ,a4 99 99 99 99 99 ,,constitution ,,of ,,the ,,united ,,states ,,of ,,america4 ,we the people of the ,united ,states1 in order to form a more perfect union1 establish justice1 insure domestic tranquility1 provide for the common defense1 promote the general welfare1 and secure the blessings of liberty to ourselves and our posterity1 do ordain and establish this ,,constitution for the ,united ,states of ,america4 ,,article ,i4 ,,section ,i4 ,all legislative powers herein granted shall be vested in a ,congress of the ,united ,states1 which shall consist of a ,senate and a ,house of ,representatives4 ,,sect4 ,,ii4 #a4 ,the ,house of ,representatives shall be composed of members chosen every second year by the people of the several ,states1 and the electors in each ,state shall have the qualifications requisite for electors of the most numerous branch of the ,state ,legislature4 #b4 ,no person shall be a ,representative who shall not have attained to the age of twenty-five years1 and been seven years a citizen of the ,united ,states1 and who shall not1 when elected1 be an inhabitant of that ,state in which he shall be chosen4 #c4 ,representatives and direct taxes shall be apportioned among the several ,states which may be included within this ,union1 according to their respective numbers1 which shall be determined by adding to the whole number of free persons1 including those bound to service for a term of years1 and excluding ,indians not taxed1 three fifths of all other persons4 ,the actual enumeration shall be made within three years after the first meeting of the ,congress of the ,united ,states1 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 but each ,state shall have at least one representative2 and until such enumeration shall be made1 the ,state of ,new ,hampshire 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 #d4 ,when vacancies happen in the representation from any ,state1 the ,executive authority thereof shall issue writs of election to fill such vacancies4 #e4 ,the ,house of ,representatives shall choose their ,speaker and other officers2 and shall have the sole power of impeachment4 ,,sect4 ,,iii4 #a4 ,the ,senate of the ,united ,states shall be composed of two ,senators from each ,state1 chosen by the legislature thereof1 for six years2 and each ,senator shall have one vote4 7,see ,amendment ,,xvii47 #b4 ,immediately after they shall be assembled in consequence of the first election1 they shall be divided as equally as may be into three classes4 ,the seats of the ,senators of the first class shall be vacated at the expiration of the second year1 of the second class at the expiration of the fourth year1 and of the third class at the expiration of the sixth year1 so that one third may be chosen every second year2 and if vacancies happen by resignation 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 7,see ,amendment ,,xvii47 #c4 ,no person shall be a ,senator who shall not have attained to the age of thirty years1 and been nine years a citizen of the ,united ,states1 and who shall not1 when elected1 be an inhabitant of that ,state for which he shall be chosen4 #d4 ,the ,vice-,president of the ,united ,states shall be ,president of the ,senate1 but shall have no vote1 unless they be equally divided4 #e4 ,the ,senate shall choose their other officers1 and also a ,president pro tempore1 in the absence of the ,vice-,president1 or when he shall exercise the office of ,president of the ,united ,states4 #f4 ,the ,senate shall have the sole power to try all impeachments4 ,when sitting for that purpose1 they shall be on oath or affirmation4 ,when the ,president of the ,united ,states is tried1 the ,chief ,justice shall preside3 and no person shall be convicted without the concurrence of two thirds of the members present4 #g4 ,judgment 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 profit under the ,united ,states3 but the party convicted shall nevertheless be liable and subject to indictment1 trial1 judgment and punishment1 according to law4 ,,sect4 ,,iv4 #a4 ,the times1 places and manner of holding elections for ,senators and ,representatives shall be prescribed in each ,state by the legislature thereof2 but the ,congress may at any time by law make or alter such regulations1 except as to the places of choosing ,senators4 7,see ,amendment ,,xvii47 #b4 ,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 ,,sect4 ,v4 #a4 ,each house shall be the judge of the elections1 returns and qualifications of its own members1 and a majority of each shall constitute a quorum to do business2 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 #b4 ,each house may determine the rules of its proceedings1 punish its members for disorderly behavior1 and with the concurrence of two thirds1 expel a member4 #c4 ,each house shall keep a journal of its proceedings1 and from time to time publish the same1 excepting such parts as may in their judgment require secrecy2 and the yeas and nays of the members of either house on any question shall1 at the desire of one fifth of those present1 be entered on the journal4 #d4 ,neither house1 during the session of ,congress1 shall1 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 ,,sect4 ,,vi4 #a4 ,the ,senators and ,representatives shall receive a compensation for their services1 to be ascertained by law and paid out of the treasury of the ,united ,states4 ,they shall in all cases except treason1 felony 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 and for any speech or debate in either house1 they shall not be questioned in any other place4 #b4 ,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 increased1 during such time2 and no person holding any office under the ,united ,states shall be a member of either house during his continuance in office4 ,,sect4 ,,vii4 #a4 ,all bills for raising revenue shall originate in the ,house of ,representatives2 but the ,senate may propose or concur with amendments as on other bills4 #b4 ,every bill which shall have passed the ,house of ,representatives and the ,senate1 shall1 before it become a law1 be presented to the ,president of the ,united ,states2 if he approve he shall sign it1 but if not he shall return it with his objections to that house in which it shall have originated1 who shall enter the objections at large on their journal1 and proceed to reconsider it4 ,if after such reconsideration 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 reconsidered1 and1 if approved by two thirds of that house1 it shall become a law4 ,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 house respectively4 ,if any bill shall not be returned by the ,president within ten days 7,sundays excepted7 after it shall have been presented to him1 the same shall be a law1 in like manner as if he had signed it1 unless the ,congress by their adjournment prevent its return1 in which case it shall not be a law4 #c4 ,every order1 resolution1 or vote to which the concurrence of the ,senate and ,house of ,representatives may be necessary 7except on a question of adjournment7 shall be presented to the ,president of the ,united ,states2 and before the same shall take effect1 shall be approved by him1 or 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 ,,sect4 ,,viii4 ,the ,congress shall have power3 #a4 ,to lay and collect taxes1 duties1 imposts1 and excises1 to pay the debts and provide for the common defense and general welfare of the ,united ,states2 but all duties1 imposts and excises shall be uniform throughout the ,united ,states2 #b4 ,to borrow money on the credit of the ,united ,states2 #c4 ,to regulate commerce with foreign nations1 and among the several ,states1 and with the ,indian tribes2 #d4 ,to establish an uniform rule of naturalization1 and uniform laws on the subject of bankruptcies throughout the ,united ,states2 #e4 ,to coin money1 regulate the value thereof1 and of foreign coin1 and fix the standard of weights and measures2 #f4 ,to provide for the punishment of counterfeiting the securities and current coin of the ,united ,states2 #g4 ,to establish post offices and post roads2 #h4 ,to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries2 #i4 ,to constitute tribunals inferior to the ,supreme ,court2 #aj4 ,to define and punish piracies and felonies committed on the high seas and offences against the law of nations2 #aa4 ,to declare war1 grant letters of marque and reprisal1 and make rules concerning captures on land and water2 #ab4 ,to raise and support armies1 but no appropriation of money to that use shall be for a longer term than two years2 #ac4 ,to provide and maintain a navy2 #ad4 ,to make rules for the government and regulation of the land and naval forces2 #ae4 ,to provide for calling forth the militia to execute the laws of the ,union1 suppress insurrections1 and repel invasions2 #af4 ,to provide for organizing1 arming and disciplining the militia1 and for governing such part of them as may be employed in the service of the ,united ,states1 reserving to the ,states respectively the appointment of the officers1 and the authority of training the militia according to the discipline prescribed by ,congress2 #ag4 ,to exercise exclusive legislation in all cases whatsoever1 over such district 7not exceeding ten miles square7 as may1 by cession of particular ,states1 and the acceptance of ,congress1 become the seat of government of the ,united ,states1 and to exercise like authority over all places purchased by the consent of the legislature of the ,state1 in which the same shall be1 for the erection of forts1 magazines1 arsenals1 dockyards1 and other needful buildings2--and #ah4 ,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 office thereof4 ,,sect4 ,,ix4 #a4 ,the migration or importation of such persons as any of the ,states now existing shall think proper to admit shall not be prohibited by the ,congress prior to the year one thousand eight hundred and eight2 but a tax or duty may be imposed on such importation1 not exceeding ten dollars for each person4 #b4 ,the privilege of the writ of habeas corpus shall not be suspended1 unless when in cases of rebellion or invasion the public safety may require it4 #c4 ,no bill of attainder or ex post facto law shall be passed4 #d4 ,no capitation1 or other direct1 tax shall be laid1 unless in proportion to the census or enumeration hereinbefore directed to be taken4 #e4 ,no tax or duty shall be laid on articles exported from any ,state4 #f4 ,no preference shall be given by any regulation of commerce or revenue to the ports of one ,state over those of another3 nor shall vessels bound to1 or from1 one ,state1 be obliged to enter1 clear1 or pay duties in another4 #g4 ,no money shall be drawn from the treasury1 but in consequence of appropriations made by law2 and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time4 #h4 ,no title of nobility shall be granted by the ,united ,states3 and no person holding any office of profit or trust under them1 shall1 without the consent of the ,congress1 accept of any present1 emolument1 office1 or title1 of any kind whatever1 from any king1 prince1 or foreign state4 ,,sect4 ,x4 #a4 ,no ,state shall enter into any treaty1 alliance1 or confederation2 grant letters of marque and reprisal2 coin money2 emit bills of credit2 make anything but gold and silver coin a tender in payment of debts2 pass any bill of attainder1 ex post facto law1 or law impairing the obligation of contracts1 or grant any title of nobility4 #b4 ,no ,state shall1 without the consent of the ,congress1 lay any imposts or duties on imports or exports1 except what may be absolutely necessary for executing its inspection laws3 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 and all such laws shall be subject to the revision and control of the ,congress4 #d ,no ,state shall1 without the consent of ,congress1 lay any duty of tonnage1 keep troops1 or ships of war in time of peace1 enter into any agreement or compact with another ,state1 or with a foreign power1 or engage in war1 unless actually invaded1 or in such imminent danger as will not admit of delay4 ,,article ,,ii4 ,,section ,i4 #a4 ,the executive power shall be vested in a ,president of the ,united ,states of ,america4 ,he shall hold his office during the term of four years1 and together with the ,vice-,president1 chosen for the same term1 be elected as follows3 #b4 ,each ,state shall appoint1 in such manner as the legislature thereof may direct1 a number of electors1 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 ,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 of the number of votes for each2 which list 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 counted4 ,the person having the greatest number of votes shall be the ,president1 if such number be a majority of the whole number of electors appointed2 and if there be more than one who have such majority1 and have an equal number of votes1 then the ,house of ,representatives shall immediately choose by ballot one of them for ,president2 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 ,president 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 ,in every case1 after the choice of the ,president1 the person having the greatest number of votes of the electors shall be the ,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 #c4 ,the ,congress may determine the time of choosing the electors1 and the day on which they shall give their votes2 which day shall be the same throughout the ,united ,states4 #d4 ,no person except a natural born citizen1 or a citizen of the ,united ,states1 at the time of the adoption of this ,constitution1 shall be eligible to the office of ,president2 neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years1 and been fourteen years a resident within the ,united ,states4 #e4 ,in case of the removal of the ,president from office or of his death1 resignation1 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 resignation1 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 #f4 ,the ,president shall1 at stated times1 receive for his services1 a compensation1 which shall neither be increased nor diminished during the period for which he shall have been elected1 and he shall not receive within that period any other emolument from the ,united ,states1 or any of them4 #g4 ,before he enter on 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 ,,sect4 ,,ii4 #a4 ,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 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 and he shall have power to grant reprieves and pardons for offenses against the ,united ,states1 except in cases of impeachment4 #b4 ,he shall have power1 by and with the advice and consent of the ,senate1 to make treaties1 provided two thirds of the ,senators present concur2 and he shall nominate1 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 herein otherwise provided for1 and which shall be established by law3 but the ,congress may by law vest the appointment of such inferior officers1 as they think proper1 in the ,president alone1 in the courts of law1 or in the heads of departments4 #c4 ,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 ,,sect4 ,,iii4 ,he shall from time to time give to the ,congress information of the state of the ,union1 and recommend to their consideration such measures as he shall judge necessary and expedient2 he may1 on extraordinary occasions1 convene both houses1 or either of them1 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 he shall receive ambassadors and other public ministers2 he shall take care that the laws be faithfully executed1 and shall commission all the officers of the ,united ,states4 ,,sect4 ,,iv4 ,the ,president1 ,vice-,president 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 ,,article ,,iii4 ,,section ,i4 ,the judicial power of the ,united ,states1 shall be vested in one ,supreme ,court1 and in such inferior courts as ,congress may from time to time ordain and establish4 ,the judges1 both of the ,supreme and inferior courts1 shall hold their offices during good behavior1 and shall1 at stated times1 receive for their services1 a compensation1 which shall not be diminished during their continuance in office4 ,,sect4 ,,ii4 #a4 ,the judicial power shall extend to all cases1 in law and equity1 arising under this ,constitution1 the laws of the ,united ,states1 and treaties made or which shall be made1 under their authority2--to all cases affecting ambassadors1 other public ministers and consuls2--to all cases of admiralty jurisdiction2--to controversies to which the ,united ,states shall be a party2--to controversies between two or more ,states2--between a ,state and citizens of another ,state2--between citizens of different ,states2--between citizens of the same ,state claiming lands under grants of different ,states1 and between a ,state1 or the citizens thereof1 and foreign states1 citizens or subjects4 #b4 ,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 ,in all the other cases before mentioned1 the ,supreme ,court shall have appellate jurisdiction1 both as to law and fact1 with such exceptions1 and under such regulations as the ,congress shall make4 #c4 ,the trial of all crimes1 except in cases of impeachment1 shall be by jury2 and such trial shall be held in the ,state where the said crimes shall have been committed2 but when not committed within any ,state1 the trial shall be at such place or places as the ,congress may by law have directed4 ,,sect4 ,,iii4 #a4 ,treason against the ,united ,states shall consist only in levying war against them1 or in adhering to their enemies1 giving them aid and comfort4 ,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 #b4 ,the ,congress shall have power to declare the punishment of treason1 but no attainder of treason shall work corruption of blood1 or forfeiture except during the life of the person attainted4 ,,article ,,iv4 ,,section ,i4 ,full faith and credit shall be given in each ,state to the public acts1 records1 and judicial proceedings of every other ,state4 ,and the ,congress may by general laws prescribe the manner in which such acts1 records1 and proceedings shall be proved1 and the effect thereof4 ,,sect4 ,,ii4 #a4 ,the citizens of each ,state shall be entitled to all privileges and immunities of citizens in the several ,states4 #b4 ,a person charged in any ,state with treason1 felony1 or other crime1 who shall flee from justice1 and be found in another ,state1 shall 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 #c4 ,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 ,,sect4 ,,iii4 #a4 ,new ,states may be admitted by the ,congress into this ,union2 but no new ,state shall be formed or erected within the jurisdiction of any other ,state2 nor any ,state be formed by the junction of two or more ,states1 or parts of ,states1 without the consent of the legislatures of the ,states concerned as well as of the ,congress4 #b4 ,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 and nothing in this ,constitution shall be so construed as to prejudice any claims of the ,united ,states1 or of any particular ,state4 ,,sect4 ,,iv4 ,the ,united ,states shall guarantee to every ,state in this ,union a republican form of government1 and shall protect each of them against invasion2 and on application of the legislature1 or of the executive 7when the legislature cannot be convened7 against domestic violence4 ,,article ,v4 ,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 which in either case shall be valid to all intents and purposes1 as 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 provided that no amendments which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article2 and that no ,state1 without its consent1 shall be deprived of its equal suffrage in the ,senate4 ,,article ,,vi4 #a4 ,all debts contracted and engagements entered into1 before the adoption of this ,constitution1 shall be as valid against the ,united ,states under this ,constitution1 as under the ,confederation4 #b4 ,this ,constitution1 and the laws of the ,united ,states which shall be made in pursuance thereof2 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 #c4 ,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 but no religious test shall ever be required as a qualification to any office or public trust under the ,united ,states4 ,,article ,,vii4 ,the ratification of the conventions of nine ,states1 shall be sufficient for the establishment of this ,constitution between the ,states so ratifying the same4 ,done in ,convention by the unanimous consent of the ,states present1 the seventeenth day of ,september in the year of our ,lord one thousand seven hundred and eighty-seven and of the ,independence of the ,united ,states of ,america the twelfth4 ,in witness whereof we have hereunto subscribed our names4 ,signed by ,george ,,washington1 ,presidt and ,deputy from ,virginia4 ,,new ,,hampshire4 ,john ,langdon1 ,nicholas ,gilman4 ,,massachusetts4 ,nathaniel ,gorham1 ,rufus ,king4 ,,connecticut4 ,wm4 ,saml4 ,johnson1 ,roger ,sherman4 ,,new ,,york4 ,alexander ,hamilton4 ,,new ,,jersey4 ,wil3 ,livingston1 ,david ,brearley1 ,wm3 ,paterson1 ,jona3 ,dayton4 ,,pennsylvania ,b ,franklin1 ,thomas ,mifflin1 ,robt4 ,morris1 ,geo4 ,clymer1 ,tho4 ,fitz ,simons1 ,jared ,ingersoll1 ,james ,wilson1 ,gouv ,morris4 ,,delaware4 ,geo3 ,read1 ,gunning ,bedford1 ,jun1 ,john ,dickinson1 ,richard ,bassett1 ,jaco3 ,broom4 ,,maryland4 ,james ,mc,henry1 ,dan of ,st4 ,thos ,jenifer1 ,danl ,carroll4 ,,virginia4 ,john ,blair1 ,james ,madison1 ,jr4 ,,north ,,carolina4 ,wm4 ,blount1 ,richd4 ,dobbs ,spaight1 ,hu ,williamson4 ,,south ,,carolina4 ,j4 ,rutledge1 ,charles ,cotesworth ,pinckney1 ,charles ,pinckney1 ,pierce ,butler4 ,,georgia4 ,william ,few1 ,abr4 ,baldwin4 ,attest3 ,william ,jackson1 ,secretary4 ,,articles ,,in ,,addition ,,to ,,and ,,amendment ,,of ,,the ,,constitution ,,of ,,the ,,united ,,states ,,of ,,america1 ,,proposed ,,by ,,congress1 ,,and ,,ratified ,,by ,,the ,,legislatures ,,of ,,the ,,several ,,states1 ,,pursuant ,,to ,,the ,,fifth ,,article ,,of ,,the ,,original ,,constitution4 ,,article ,i4--,congress shall make no law respecting an establishment of religion1 or prohibiting the free exercise thereof2 or abridging the freedom of speech1 or of the press2 or the right of the people peaceably to assemble and to petition the government for a redress of grievances4 ,,article ,,ii4--,a well-regulated militia1 being necessary to the security of a free ,state1 the right of the people to keep and bear arms1 shall not be infringed4 ,,article ,,iii4--,no soldier shall1 in time of peace be quartered in any house without the consent of the owner1 nor in time of war1 but in a manner to be prescribed by law4 ,,article ,,iv4--,the right of the people to be secure in their persons1 houses1 papers1 and effects1 against unreasonable searches and seizures1 shall not be violated1 and no warrants shall issue 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 ,,article ,v4--,no person shall be held to answer for a capital1 or otherwise infamous crime1 unless on a presentment or indictment of a grand jury except in cases arising in the land or naval forces1 or in the militia1 when in actual service in time of war or public danger2 nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb2 nor shall be compelled in any criminal case to be a witness against himself1 nor be deprived of life1 liberty1 or property1 without due process of law2 nor shall private property be taken for public use without just compensation4 ,,article ,,vi4--,in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial1 by an impartial jury of the ,state and district wherein the crime shall have been committed1 which district shall have been previously ascertained by law1 and to be informed of the nature and cause of the accusation2 to be confronted with the witnesses against him2 to have compulsory process for obtaining witnesses in his favor1 and to have the assistance of counsel for his defense4 ,,article ,,vii4--,in suits at common law1 where the value in controversy shall exceed twenty dollars1 the right of trial by jury shall be preserved1 and no fact tried by a jury shall be otherwise reexamined in any court of the ,united ,states1 than according to the rules of the common law4 ,,article ,,viii4--,excessive bail shall not be required1 nor excessive fines imposed1 nor cruel and unusual punishments inflicted4 ,,article ,,ix4--,the enumeration in the ,constitution1 of certain rights1 shall not be construed to deny or disparage others retained by the people4 ,,article ,x4--,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 ,,article ,,xi4--,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 ,,article ,,xii4--#a4 ,the electors shall meet in their respective ,states1 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 each1 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 ,senate2--the ,president of the ,senate shall1 in the presence of the ,senate and ,house of ,representatives1 open all the certificates and the votes shall then be counted2--the person having the greatest number of votes for ,president shall be the ,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 immediately1 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 ,march 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 list1 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 the office of ,president shall be eligible to that of ,vice-president of the ,united ,states4 ,,article ,,xiii4--,section #a4 ,neither slavery nor involuntary servitude1 except as a punishment for crime whereof the party shall have been duly convicted1 shall exist within the ,united ,states1 or any place subject to their jurisdiction4 ,section #b4 ,congress shall have power to enforce this article by appropriate legislation4 ,,article ,,xiv4--,section #a4 ,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 ,no ,state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the ,united ,states2 nor shall any ,state deprive any person of life1 liberty1 or property1 without due process of law2 nor deny to any person within its jurisdiction the equal protection of the laws4 ,section #b4 ,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 age and citizens of the ,united ,states1 or in any way abridged1 except for participation in rebellion1 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 ,section #c4 ,no person shall be a ,senator or ,representative in ,congress1 or ,elector of ,president and ,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 ,but ,congress may by a vote of two thirds of each house1 remove such disability4 ,section #d4 ,the validity of the public debt of the ,united ,states1 authorized by law1 including debts incurred for payment of pensions 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 slave2 but all such debts1 obligations1 and claims shall be held illegal and void4 ,section #e4 ,the ,congress shall have power to enforce by appropriate legislation the provisions of this article4 ,,article ,,xv4--,section #a4 ,the right of citizens of the ,united ,states to vote shall not be denied or abridged by the ,united ,states or any ,state on account of race1 color1 or previous condition of servitude4 ,section #b4 ,the ,congress shall have power to enforce this article by appropriate legislation4 ,,article ,,xvi4--,the ,congress shall have power to lay and collect taxes on incomes from whatever source derived1 without apportionment among the several ,states and without regard to any census or enumeration4 ,,article ,,xvii4--,section #a4 ,the ,senate of the ,united ,states shall be composed of two senators from each ,state1 elected by the people thereof1 for six years2 and each senator shall have one vote4 ,the electors in each ,state shall have the qualifications requisite for electors of the most numerous branch of the ,state legislature4 ,section #b4 ,when vacancies happen in the representation of any ,state in the ,senate the executive authority of such ,state shall issue writs of election to fill such vacancies1 ,provided1 that the legislature of any ,state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct4 ,section #c4 ,this amendment shall not be so construed as to affect the election or term of any senator chosen before it becomes valid as part of the ,constitution4 ,,appendix ,b4 ,,articles ,,of ,,confederation4 ,articles of ,confederation and ,perpetual ,union between the ,states of ,new ,hampshire1 ,massachusetts ,bay1 ,rhode ,island and ,providence ,plantations1 ,connecticut1 ,new ,york1 ,new ,jersey1 ,pennsylvania1 ,delaware1 ,maryland1 ,virginia1 ,north ,carolina1 ,south ,carolina1 and ,georgia4 ,,article ,i4--,the style of this ,confederacy shall be1 ,the ,united ,states of ,america4 ,,art4 ,,ii4--,each ,state retains its sovereignty1 freedom1 and independence1 and every power1 jurisdiction1 and right1 which is not by this ,confederation expressly delegated to the ,united ,states in ,congress assembled4 ,,art4 ,,iii4--,the said ,states hereby severally enter into a firm league of friendship with each other1 for their common defense1 the security of their liberties1 and their mutual and general welfare1 binding themselves to assist each other against all force offered to1 or attacks made upon them1 or any of them1 on account of religion1 sovereignty1 trade1 or any other pretense whatever4 ,,art4 ,,iv4--,the better to secure and perpetuate mutual friendship and intercourse among the people of the different ,states in this ,union1 the free inhabitants of each of these ,states1 paupers1 vagabonds1 and fugitives from justice excepted1 shall be entitled to all privileges and immunities of free citizens in the several ,states2 and the people of each ,state shall have free ingress and egress to and from any other ,state1 and shall enjoy therein all the privileges of trade and commerce subject to the same duties1 impositions1 and restrictions as the inhabitants thereof respectively2 provided that such restrictions shall not extend so far as to prevent the removal of property imported into any ,state to any other ,state of which the owner is an inhabitant2 provided also1 that no imposition1 duties1 or restriction shall be laid by any ,state on the property of the ,united ,states or either of them4 ,if any person guilty of1 or charged with1 treason1 felony1 or other high misdemeanor in any ,state shall flee from justice and be found in any of the ,united ,states1 he shall1 upon demand of the governor or executive power of the ,states from which he fled1 be delivered up and removed to the ,state having jurisdiction of his offense4 ,full faith and credit shall be given in each of these ,states to the records1 acts1 and judicial proceedings of the courts and magistrates of every other ,state4 ,,art4 ,v4--,for the more convenient management of the general interests of the ,united ,states1 delegates shall be annually appointed in such manner as the ,legislature of each ,state shall direct1 to meet in ,congress on the first ,monday in ,november in every year with a power reserved to each ,state to recall its delegates1 or any of them1 at any time within the year1 and to send others in their stead for the remainder of the year4 ,no ,state shall be represented in ,congress by less than two1 nor by more than seven members2 and no person shall be capable of being a delegate for more than three years in any term of six years2 nor shall any person1 being a delegate1 be capable of holding any office under the ,united ,states for which he1 or another for his benefit1 receives any salary1 fees1 or emolument of any kind4 ,each ,state shall maintain its own delegates in any meeting of the ,states and while they act as members of the ,committee of the ,states4 ,in determining questions in the ,united ,states in ,congress assembled1 each ,state shall have one vote4 ,freedom of speech and debate in ,congress shall not be impeached or questioned in any court or place out of ,congress2 and the members of ,congress shall be protected in their persons from arrest and imprisonment during the time of their going to and from1 and attendance on1 ,congress1 except for treason1 felony1 or breach of the peace4 ,,art4 ,,vi4--,no ,state1 without the consent of the ,united ,states1 in ,congress assembled1 shall send any embassy to1 or receive any embassy from1 or enter into any conference1 agreement1 alliance1 or treaty with any king1 prince1 or state2 nor shall any person holding any office of profit or trust under the ,united ,states1 or any of them1 accept of any present1 emolument1 office1 or title of any kind whatever from any king1 prince1 or foreign state2 nor shall the ,united ,states1 in ,congress assembled1 or any of them1 grant any title of nobility4 ,no two or more ,states shall enter into any treaty1 confederation1 or alliance whatever between them1 without the consent of the ,united ,states1 in ,congress assembled1 specifying accurately the purposes for which the same is to be entered into1 and how long it shall continue4 ,no ,state shall lay any imposts or duties which may interfere with any stipulations in treaties entered into by the ,united ,states1 in ,congress assembled1 with any king1 prince1 or state1 in pursuance of any treaties already proposed by ,congress to the courts of ,france and ,spain4 ,no vessels of war shall be kept up in time of peace by any ,state1 except such number only as shall be deemed necessary by the ,united ,states1 in ,congress assembled1 for the defense of such ,state or its trade1 nor shall any body of forces be kept up by any ,state in time of peace1 except such number only as1 in the judgment of the ,united ,states1 in ,congress assembled1 shall be deemed requisite to garrison the forts necessary for the defense of such ,state2 but every ,state shall always keep up a well-regulated and disciplined militia1 sufficiently armed and accoutered1 and shall provide and constantly have ready for use in public stores a due number of field-pieces and tents1 and a proper quantity of arms1 ammunition1 and camp equipage4 ,no ,state shall engage in any war without the consent of the ,united ,states1 in ,congress assembled1 unless such ,state be actually invaded by enemies1 or shall have received certain advice of a resolution being formed by some nation of ,indians to invade such ,state1 and the danger is so imminent as not to admit of a delay till the ,united ,states1 in ,congress assembled1 can be consulted2 nor shall any ,state grant commissions to any ships or vessels of war1 nor letters of marque or reprisal1 except it be after a declaration of war by the ,united ,states1 in ,congress assembled1 and then only against the kingdom or state1 and the subjects thereof1 against which war has been so declared1 and under such regulations as shall be established by the ,united ,states1 in ,congress assembled1 unless such ,state be infested by pirates1 in which case vessels of war may be fitted out for that occasion1 and kept so long as the danger shall continue1 or until the ,united ,states1 in ,congress assembled1 shall determine otherwise4 ,,art4 ,,vii4--,when land forces are raised by any ,state for the common defense1 all officers of or under the rank of ,colonel shall be appointed by the ,legislature of each ,state respectively by whom such forces shall be raised1 or in such manner as such ,state shall direct1 and all vacancies shall be filled up by the ,state which first made the appointment4 ,,art4 ,,viii4--,all charges of war1 and all other expenses that shall be incurred for the common defense1 or general welfare1 and allowed by the ,united ,states1 in ,congress assembled1 shall be defrayed out of a common treasury1 which shall be supplied by the several ,states in proportion to the value of all land within each ,state1 granted to1 or surveyed for1 any person1 as such land and the buildings and improvements thereon shall be estimated1 according to such mode as the ,united ,states1 in ,congress assembled1 shall1 from time to time1 direct and appoint4 ,the taxes for paying that proportion shall be laid and levied by the authority and direction of the ,legislatures of the several ,states1 within the time agreed upon by the ,united ,states in ,congress assembled4 ,,art4 ,,ix4--,the ,united ,states1 in ,congress assembled1 shall have the sole and exclusive right and power of determining on peace and war1 except in the cases mentioned in the sixth ,article2 of sending and receiving ambassadors2 entering into treaties and alliances1 provided that no treaty of commerce shall be made1 whereby the legislative power of the respective ,states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to1 or from prohibiting the exportation or importation of any species of goods or commodities whatever2 of establishing rules for deciding1 in all cases1 what captures on land and water shall be legal1 and in what manner prizes taken by land or naval forces in the service of the ,united ,states shall be divided or appropriated2 of granting letters of marque and reprisal in times of peace2 appointing courts for the trial of piracies and felonies committed on the high seas2 and establishing courts for receiving and determining finally appeals in all cases of captures2 provided that no member of ,congress shall be appointed a judge of any of the said courts4 ,the ,united ,states1 in ,congress assembled1 shall also be the last resort on appeal in all disputes and differences now subsisting1 or that hereafter may arise between two or more ,states concerning boundary1 jurisdiction1 or any other cause whatever2 which authority shall always be exercised in the manner following3 ,whenever the legislative or executive authority1 or lawful agent of any ,state in controversy with another1 shall present a petition to ,congress1 stating the matter in question1 and praying for a hearing1 notice thereof shall be given by order of ,congress to the legislative or executive authority of the other ,state in controversy1 and a day assigned for the appearance of the parties by their lawful agents1 who shall then be directed to appoint1 by joint consent1 commissioners or judges to constitute a court for hearing and determining the matter in question2 but if they cannot agree1 ,congress shall name three persons out of each of the ,united ,states1 and from the list of such persons each party shall alternately strike out one1 the petitioners beginning1 until the number shall be reduced to thirteen2 and from that number not less than seven nor more than nine names1 as ,congress shall direct1 shall1 in the presence of ,congress1 be drawn out by lot2 and the persons whose names shall be so drawn1 or any five of them1 shall be commissioners or judges1 to hear and finally determine the controversy1 so always as a major part of the judges who shall hear the cause shall agree in the determination2 and if either party shall neglect to attend at the day appointed1 without showing reasons which ,congress shall judge sufficient1 or being present1 shall refuse to strike1 the ,congress shall proceed to nominate three persons out of each ,state1 and the secretary of ,congress shall strike in behalf of such party absent or refusing2 and the judgment and sentence of the court1 to be appointed in the manner before prescribed1 shall be final and conclusive2 and if any of the parties shall refuse to submit to the authority of such court1 or to appear or defend their claim or cause1 the court shall nevertheless proceed to pronounce sentence or judgment1 which shall in like manner be final and decisive2 the judgment or sentence and other proceedings being in either case transmitted to ,congress1 and lodged among the acts of ,congress for the security of the parties concerned2 provided1 that every commissioner1 before he sits in judgment1 shall take an oath1 to be administered by one of the judges of the supreme or superior court of the ,state where the cause shall be tried1 well and truly to hear and determine the matter in question1 according to the best of his judgment1 without favor1 affection1 or hope of reward4 ,provided1 also1 that no ,state shall be deprived of territory for the benefit of the ,united ,states4 ,all controversies concerning the private right of soil claimed under different grants of two or more ,states1 whose jurisdictions1 as they may respect such lands1 and the ,states which passed such grants are adjusted1 the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction1 shall1 on the petition of either party to the ,congress of the ,united ,states1 be finally determined1 as near as may be1 in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different ,states4 ,the ,united ,states1 in ,congress assembled1 shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority1 or by that of the respective ,states2 fixing the standard of weights and measures throughout the ,united ,states2 regulating the trade and managing all affairs with the ,indians1 not members of any of the ,states2 provided that the legislative right of any ,state1 within its own limits1 be not infringed or violated2 establishing and regulating post offices from one ,state to another1 throughout all the ,united ,states1 and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office2 appointing all officers of the land forces in the service of the ,united ,states1 excepting regimental officers2 appointing all the officers of the naval forces1 and commissioning all officers whatever in the service of the ,united ,states2 making rules for the government and regulation of the said land and naval forces1 and directing their operations4 ,the ,united ,states1 in ,congress assembled1 shall have authority to appoint a committee1 to sit in the recess of ,congress1 to be denominated ,a ,committee of the ,states1 and to consist of one delegate from each ,state1 and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the ,united ,states under their direction2 to appoint one of their number to preside2 provided that no person be allowed to serve in the office of president more than one year in any term of three years2 to ascertain the necessary sums of money to be raised for the service of the ,united ,states1 and to appropriate and apply the same for defraying the public expenses2 to borrow money or emit bills on the credit of the ,united ,states1 transmitting every half year to the respective ,states an account of the sums of money so borrowed or emitted2 to build and equip a navy2 to agree upon the number of land forces1 and to make requisitions from each ,state for its quota1 in proportion to the number of white inhabitants in such ,state1 which requisition shall be binding2 and thereupon the ,legislature of each ,state shall appoint the regimental officers1 raise the men1 and clothe1 arm1 and equip them in a soldier-like manner1 at the expense of the ,united ,states2 and the officers and men so clothed1 armed1 and equipped shall march to the place appointed1 and within the time agreed on by the ,united ,states1 in ,congress assembled2 but if the ,united ,states1 in ,congress assembled1 shall1 on consideration of circumstances1 judge proper that any ,state should not raise men1 or should raise a smaller number than its quota1 and that any other ,state should raise a greater number of men than the quota thereof1 such extra number shall be raised1 officered1 clothed1 armed1 and equipped in the same manner as the quota of such ,state1 unless the ,legislature of such ,state shall judge that such extra number cannot be safely spared out of the same1 in which case they shall raise1 officer1 clothe1 arm1 and equip as many of such extra number as they judge can be safely spared1 and the officers and men so clothed1 armed1 and equipped shall march to the place appointed1 and within the time agreed on by the ,united ,states1 in ,congress assembled4 ,the ,united ,states1 in ,congress assembled1 shall never engage in a war1 nor grant letters of marque and reprisal in time of peace1 nor enter into any treaties or alliances1 nor coin money1 nor regulate the value thereof1 nor ascertain the sums and expenses necessary for the defense and welfare of the ,united ,states1 or any of them1 nor emit bills1 nor borrow money on the credit of the ,united ,states1 nor appropriate money1 nor agree upon the number of vessels of war to be built or purchased1 or the number of land or sea forces to be raised1 nor appoint a commander in chief of the army or navy1 unless nine ,states assent to the same1 nor shall a question on any other point1 except for adjourning from day to day1 be determined1 unless by the votes of a majority of the ,united ,states1 in ,congress assembled4 ,the ,congress of the ,united ,states shall have power to adjourn to any time within the year1 and to any place within the ,united ,states1 so that no period of adjournment be for a longer duration than the space of six months1 and shall publish the journal of their proceedings monthly1 except such parts thereof relating to treaties1 alliances1 or military operations as in their judgment require secrecy2 and the yeas and nays of the delegates of each ,state1 on any question1 shall be entered on the journal when it is desired by any delegate2 and the delegates of a ,state1 or any of them1 at his or their request1 shall be furnished with a transcript of the said journal except such parts as are above excepted1 to lay before the ,legislatures of the several ,states4 ,,art4 ,x4--,the ,committee of the ,states1 or any nine of them1 shall be authorized to execute1 in the recess of ,congress1 such of the powers of ,congress as the ,united ,states1 in ,congress assembled1 by the consent of nine ,states1 shall1 from time to time1 think expedient to vest them with2 provided that no power be delegated to the said ,committee1 for the exercise of which1 by the ,articles of ,confederation1 the voice of nine ,states in the ,congress of the ,united ,states assembled is requisite4 ,,art4 ,,xi4--,canada1 acceding to this ,confederation1 and joining in the measures of the ,united ,states shall be admitted into1 and entitled to all the advantages of this ,union2 but no other colony shall be admitted into the same1 unless such admission be agreed to by nine ,states4 ,,art4 ,,xii4--,all bills of credit emitted1 moneys borrowed1 and debts contracted by or under the authority of ,congress1 before the assembling of the ,united ,states1 in pursuance of the present ,confederation1 shall be deemed and considered as a charge against the ,united ,states1 for payment and satisfaction whereof the said ,united ,states and the public faith are hereby solemnly pledged4 ,,art4 ,,xiii4--,every ,state shall abide by the determinations of the ,united ,states1 in ,congress assembled1 on all questions which by this ,confederation are submitted to them4 ,and the ,articles of this ,confederation shall be inviolably observed by every ,state1 and the ,union shall be perpetual2 nor shall any alteration at any time hereafter be made in any of them1 unless such alteration be agreed to in a ,congress of the ,united ,states1 and be afterwards confirmed by the ,legislatures of every ,state4 ,,and ,,whereas it hath pleased the great ,governor of the world to incline the hearts of the ,legislatures we respectively represent in ,congress to approve of1 and to authorize us to ratify1 the said ,articles of ,confederation and perpetual ,union1 know ye1 that we1 the undersigned delegates1 by virtue of the power and authority to us given for that purpose1 do1 by these presents1 in the name and in behalf of our respective constituents1 fully and entirely ratify and confirm each and every of the said ,articles of ,confederation and perpetual ,union1 and all and singular the matters and things therein contained4 ,and we do further solemnly plight and engage the faith of our respective constituents1 that they shall abide by the determinations of the ,united ,states1 in ,congress assembled1 on all questions which by the said ,confederation are submitted to them2 and that the ,articles thereof shall be inviolably observed by the ,states we respectively represent1 and that the ,union shall be perpetual4 ,in witness whereof1 we have hereunto set our hands in ,congress4 ,done at ,philadelphia1 in the ,state of ,pennsylvania1 the ninth day of ,july1 in the year of our ,lord #aggh1 and in the third year of the ,independence of ,america4 ,,appendix ,c4 ,,reference ,,books4 ,,alton1 ,among the ,lawmakers1 ,scribner4 ,,ashley1 ,the ,american ,federal ,states1 ,macmillan4 ,,brewer1 ,american ,citizenship1 ,scribner4 ,,brooks1 ,how the ,republic is ,governed1 ,scribner4 ,,bryce1 ,the ,american ,commonwealth1 ,macmillan4 ,,burgess1 ,the ,middle ,period1 ,scribner4 ,century ,book for ,young ,americans1 ,century ,co4 ,,conkling1 ,city ,government in the ,united ,states1 ,appleton4 ,,curtis1 ,the ,united ,states and ,foreign ,powers1 ,scribner4 ,,devlin1 ,municipal ,reform in the ,united ,states1 ,putnam4 ,,dole1 ,talks ,about ,law1 ,houghton ,mifflin ,co4 ,,dole1 ,young ,citizen1 ,ginn4 ,,fiske1 ,civil ,government in the ,united ,states1 ,houghton ,mifflin ,co4 ,,fiske1 ,critical ,period of ,american ,history1 ,houghton ,mifflin ,co4 ,,harrison1 ,this ,country of ,ours1 ,scribner4 ,,hart1 ,formation of the ,union1 ,longmans1 ,green ,co4 ,,hill1 ,lessons for ,junior ,citizens1 ,ginn ,co4 ,,holt1 ,talks on ,civics1 ,macmillan4 ,,hoxie1 ,how the ,people ,rule1 ,silver1 ,burdett ,co4 ,,macy1 ,our ,government1 ,ginn4 ,,marriott1 ,uncle ,sam's ,business1 ,harpers4 ,newspaper ,almanacs4 ,,reinsch1 ,young ,citizen's ,reader1 ,sanborn4 ,,robinson1 ,elementary ,law1 ,little1 ,brown ,co4 ,,sloane1 ,the ,french ,war and the ,revolution1 ,scribner4 ,,thwaites1 ,the ,colonies1 ,longmans1 ,green ,co4 ,,wilson1 ,division and ,reunion1 ,longmans1 ,green ,co4 ,,index ,administrative departments1 city1 ,agriculture1 department of1 ,alaska1 ,albany ,congress1 ,amendments to the ,constitution1 ,annapolis ,convention1 ,annapolis ,naval ,academy1 ,appointment1 ,president's power of1 ,apportionment of representatives1 ,appropriations by ,congress1 ,army of the ,united ,states1 ,articles of ,confederation1 ,bank1 see ,national ,banks4 ,bankruptcy laws1 ,bills in ,congress1 ,bonds1 ,national1 ,cabinet1 ,cabinet system of government1 ,capital1 location of1 ,census of the ,united ,states1 ,charities1 ,circuit ,courts of the ,united ,states1 ,citizenship1 ,city government1 ,civil ,service ,reform1 ,coins and coinage1 ,colonial governments1 ,colonies made ,states1 ,commerce1 department of1 ,commerce1 power of ,congress over1 ,committee on ,rules1 ,committees of ,correspondence1 ,committee system 'in ,congress1 ,confederation1 ,articles of1 see ,articles of ,confederation4 ,conference committees1 ,congress1 ,continental1 under the ,constitution1 procedure in1 sessions of1 ,constitutional ,convention 7#aghg71 delegates to1 compromises ,constitution of ,u4,s41 amendments of1 origin of1 ratification1 ,consuls1 ,conventions1 ,national1 ,copyright1 ,county government1 chap4 ,county type of local government1 ,cuba1 ,debts of ,u4,s41 ,diplomatic bureaus1 ,district courts of the ,u4,s41 ,district of ,columbia1 ,duties1 customs1 ,electoral ,commission1 ,electors1 ,presidential1 ,england1 ,executive departments1 ,ex post facto laws1 ,federal republics1 ,finances1 ,national1 ,france1 ,franchises1 ,free coinage1 ,gerrymander1 ,gold certificates1 ,grand jury1 ,habeas corpus1 ,hawaii1 ,health1 public1 ,homestead law1 ,immigration1 ,impeachment1 ,implied powers of ,congress1 ,inauguration of ,president1 ,income taxes1 ,indians1 ,interior1 department of1 ,internal revenue system1 ,interstate commerce law1 ,judiciary1 ,national1 ,jurisdiction of ,u4,s4 courts1 ,jury system1 ,justice1 department of1 ,lands1 public1 ,legal tender1 definition1 ,lobby1 ,local government1 ,local government1 origin1 ,mail matter1 ,mayor1 ,message1 ,president's1 ,military powers of ,congress1 ,militia1 ,monarchies1 ,money of the ,u4,s41 ,municipal government1 ownership1 ,national banks1 ,naturalization1 ,navy1 department of1 of the ,u4,s41 ,new ,england colonies1 ,confederation1 ,new ,jersey plan1 ,nobility1 titles of1 ,northwest ,territory1 ,ordinance of #aghg1 ,pairs1 in voting1 ,pardons1 ,parish1 ,parliament of ,england1 ,patents1 ,philippines1 government of1 ,poor1 ,porto ,rico1 government of1 ,post ,office1 department of1 system1 ,presidential succession1 ,president of ,u4,s41 election of1 ,proportional representation1 ,public lands1 ,quorum in ,congress1 ,railroads and interstate commerce1 ,reform movements1 ,representatives1 apportionment of1 election of1 qualifications of1 ,reprieve1 ,revenue bills in ,congress1 ,roads1 ,rural delivery of mail1 ,russia1 ,salaries of ,congressmen1 ,senate of ,u4,s41 ,senators1 qualifications of1 election of1 ,silver certificates1 ,smuggling1 ,speaker of the ,house of ,representatives1 ,spoils system1 ,stamp ,act ,congress1 ,state1 department of1 ,streets1 ,subsidiary silver1 ,supervisor system of local government1 ,supreme ,court of ,u4,s41 ,survey1 ,u4,s4 ,government1 ,switzerland1 ,tariff1 ,taxation1 ,national1 ,taxes1 direct and indirect1 ,territorial delegates1 ,territories1 ,territory1 admission of1 ,town type of local government1 township-county type1 ,treasury1 department of1 ,treasury notes1 ,treaties1 ,trusts1 ,union1 steps leading to1 ,united ,states notes1 ,vacancies1 in ,house of ,representatives1 in ,senate1 ,vestry1 ,veto1 ,vice-president of ,u4,s41 ,virginia local government1 ,virginia plan1 ,voting1 methods in ,congress1 ,war1 declaration of1 department of1 ,yeas and nays1 ,,the ,,government ,,of ,,idaho ,by ,j4,t4 ,worlton ,superintendent of ,schools1 ,sugar ,city ,copyright1 #aijg1 ,by ,charles ,scribner's ,sons ,,contents4 ,,historical ,,form ,,of ,,government ,,departments ,,of ,,government ,,schools ,,the ,,government ,,of ,,idaho4 ,,historical4 ,the country out of which ,idaho was created1 known as a part of the ,oregon ,country1 was acquired by treaty with ,england in #ahdf4 ,long before this date1 however1 trappers1 hunters1 explorers1 and sturdy pioneers had found their way across the ,rocky ,mountains into the fertile valleys drained by the tributaries of the ,columbia4 ,the earliest white men in this region were undoubtedly the half-breed ,french-,canadian voyageurs and the trappers of the ,hudson ,bay ,company1 who opened the trails through all the great wilderness of the ,pacific ,northwest2 but the honor of revealing to the world the first impressions of the natural beauty and boundless resources of this new country west of the ,rockies rests with ,lewis and ,clark1 who crossed the ,state on their voyage of exploration and discovery in ,august1 #ahje4 ,they found the ,indians in possession of articles of ,european manufacture which had been obtained from the trappers of the ,hudson ,bay ,company4 ,the first white settlement in ,idaho of which we have record was established in #ahcd at ,fort ,hall1 ,bannock ,county4 ,this fort was important in early ,idaho history1 being at the crossing of the ,missouri-,oregon and the ,utah-,canadian trails4 ,fort ,boise1 established in #ahcf near the junction of the ,snake and ,boise rivers1 was a rendezvous for thousands of ,indians1 who gathered from all the country between the ,pacific coast and the head waters of the ,missouri ,river to trade and barter in horses1 furs1 and articles of adornment4 ,the discovery of gold in #ahfj at a point on the ,clear ,water ,river in northern ,idaho was followed by a vast immigration to that section2 this led to the discovery of gold in other parts of the territory1 and soon the placer mines in the vicinity of ,boise and other places were developed4 ,the territory of ,idaho1 comprising what is now ,montana1 ,wyoming1 and ,idaho1 was organized by the ,federal ,government1 ,march #c1 #ahfc1 and ,lewiston was made the temporary capital of the territory4 ,the placer mines of the ,boise ,basin proved richer than those of the north1 and the bulk of the population rapidly drifted southward4 ,this shifting of population caused the removal of the ,state capital to its present location at ,boise in #ahfd4 ,by an act of ,congress creating the territories of ,montana and ,wyoming1 ,idaho was reduced to its present boundaries in #ahfh4 ,on ,july #c1 #ahij1 ,idaho passed from a territorial form of government to that of a state1 being the forty-third ,state to join the great ,federal ,union4 ,since that time her growth and development have been continuous and rapid4 ,mining1 lumbering1 manufacturing1 and agricultural pursuits are the principal resources of the ,state4 ,,form ,,of ,,government4 ,the ,constitution of the ,state of ,idaho1 like those of the other states in the ,union1 is modeled after the ,constitution of the ,united ,states4 ,it contains3 ,a ,preamble1 setting forth the purposes of the ,constitution4 ,a ,declaration1 called the ,bill of ,rights1 containing twenty-one sections4 ,provision for dividing the powers of government into three departments4 ,articles relating to taxation1 suffrage1 public schools1 corporations1 militia1 immigration1 labor1 amendments1 and other public affairs4 ,preamble4--,we1 the people of the ,state of ,idaho1 grateful to ,almighty ,god for our freedom1 to secure its blessings and promote our common welfare1 do establish this constitution4 ,declaration of ,rights4--,the ,bill of ,rights is a declaration of privileges retained by the people1 which the departments of government are expressly prohibited from invading4 ,the most important provisions in the ,bill of ,rights may be classed under the following headings3 democratic principles2 personal security2 private property2 freedom of religion1 speech1 and of the press2 and security against military tyranny4 ,democratic ,principles4--,all men are equal before the law1 and are protected in the enjoyment of life1 property1 and the pursuit of happiness4 ,all power is inherent in the people4 ,personal ,security4--,the people have the right to bear arms for their safety and defense1 but this privilege is regulated by appropriate legislation4 ,the people shall be secure in their persons1 houses1 papers1 and other possessions against unreasonable searches and seizures4 ,there shall be no imprisonment for debt except in cases of fraud4 ,private ,property4--,private property shall not be taken for public use except a necessity therefore exists1 and then only after just compensation has been paid4 ,religion4--,the free exercise and enjoyment of religious faith and worship shall forever be guaranteed4 ,no religious test shall be required for holding public office4 ,freedom of ,speech and of the ,press4--,every person may freely speak1 write1 and publish on any subject1 but he is held responsible for the abuse of that liberty1 ,freedom of ,meeting4--,the people shall have the right to assemble and consult for their common good1 and may petition the ,legislature for redress of grievances4 ,security ,against ,military ,tyranny4--,soldiers shall not be quartered in private houses in times of peace without the consent of the owner1 nor in times of war except as the law may provide4 ,it will be seen from the above that the ,state government as well as the ,national is planned on the accepted fact that all power originates with the people4 ,in ,america the people have the divine right to rule4 ,the people possess all rights which they have not expressly given to the government4 ,the ,bill of ,rights which we have discussed is therefore a double safeguard which the people have thrown about their sacred inalienable rights4 ,,departments ,,of ,,government4 ,government consists essentially in making1 judging1 and enforcing the laws4 ,in absolute monarchical forms of government1 of which ,russia and ,turkey are examples1 these three departments are vested in the same head2 but in republics and limited monarchies the law-making1 law-judging1 and law-enforcing powers are separated4 ,history has proved that the separation of these three powers of government is most satisfactory for an enlightened people4 ,legislative ,department4--,the legislative or law-making power of the ,state is vested in a ,legislature which is composed of a ,senate and a ,house of ,representatives4 ,the sessions of the two houses are open to the public and each house keeps a journal of its proceedings in which is recorded the yea and nay votes on any question at the request of any three members4 ,qualifications of ,members4--,the qualifications of a senator or representative in the ,state of ,idaho are the same4 ,he must be a citizen of the ,united ,states1 an elector of the ,state1 and he must have been an elector for at least one year next preceding his election in the county from which he is chosen4 ,sessions4--,the ,legislature meets biennially at the ,state ,capital1 commencing on the first ,monday after the first day of ,january in the odd years4 ,special sessions of the ,legislature may be called by the ,governor when he deems it necessary4 ,no special session shall continue for more than twenty days4 ,the compensation of our legislators is five dollars per day1 with an allowance of ten cents per mile going to and returning from the place of meeting4 ,privileges4--,members of the ,state ,legislature are not liable to any civil process during the session of the ,legislature nor during the ten days next preceding the same4 ,they are privileged from arrest during the same time in all cases except treason1 felony1 or breach of the peace4 ,they cannot be legally called to account for anything said in debate during the session of the ,legislature4 ,senate4--,according to the ,state ,constitution the membership of the ,senate is limited to twenty-four members4 ,each county is a senatorial district4 ,the term of office is two years and begins on the first day of ,december following the election4 ,the ,senate adopts its own rules of government and elects its own officers1 with the exception of its president1 who is the ,lieutenant-,governor ex-officio4 ,in case the ,lieutenant-,governor assumes the duties of ,governor1 the ,senate elects its presiding officer4 ,all ,state officers appointed by the ,governor are subject to the approval of the ,senate4 ,if the ,senate is not in session when the appointment is made1 such person shall discharge the duties of the office until the next session of the ,senate4 ,in the case of impeachment of ,state officers the ,senate is the court4 ,a majority of the senators is a quorum for the trial of impeachment1 and a two-thirds vote is necessary for conviction4 ,in case of conviction the penalty does not extend further than removal from office1 but such person may be tried in the civil courts as other lawbreakers4 ,house of ,representatives4--,the ,house of ,representatives is a more numerous body than the ,senate4 ,the members are elected for the same time and for the same term as the senators4 ,the ,house of ,representatives has power to choose all its officers4 ,the special powers exercised by the ,house of ,representatives are3 originating bills for raising revenue and making appropriations1 and in impeaching ,state officers4 ,executive ,department4--,after the laws are made it becomes necessary to designate some one to see that they are enforced4 ,the legislators make the laws1 and it remains for the officers in the ,executive ,department to see that the laws are enforced4 ,the ,executive ,department consists of a ,governor1 ,lieutenant-,governor1 ,secretary of ,state1 ,state ,auditor1 ,state ,treasurer1 ,attorney ,general1 and ,superintendent of ,public ,instruction1 all of whom hold their offices for two years1 beginning on the first ,monday in ,january next after their election4 ,qualifications4--,no person is eligible to the office of ,governor1 ,lieutenant-,governor1 or ,attorney ,general unless he has attained the age of thirty years1 nor to the other executive offices unless he is twenty-five years of age4 ,the ,constitution provides that all the executive officers shall be citizens of the ,united ,states and shall have resided in the ,state two years next preceding their election1 and that the ,attorney ,general must have been admitted to practice in the ,supreme ,court of the ,state4 ,governor4--,the ,governor is commander-in-chief of the military forces of the ,state and may call out the entire ,state militia to aid in the enforcement of the law4 ,he may require in writing from the officers of the ,executive ,department information upon any subject relating to their respective departments4 ,all acts passed by the ,state ,legislature are presented to the ,governor for his approval and signature4 ,if he signs a bill it becomes law2 if he disapproves it1 he returns it to the house in which it originated1 with his objections1 which are entered on the journal of that house4 ,the bill is then reconsidered1 and if approved by a two-thirds majority is sent with the ,governor's objections to the other house1 which also reconsiders it1 and if approved by a two-thirds vote in that house it becomes a law over the ,governor's objections4 ,if the ,governor fails to return a bill to the ,legislature within five days 7,sunday or adjournment excepted7 it becomes a law without his signature4 ,if the ,governor disapproves a bill and the adjournment of the ,legislature prevents its return1 he must file it with his objections in the office of the ,secretary of ,state within ten days after such adjournment2 otherwise it becomes a law4 ,the ,governor1 by and with the consent of the ,senate1 appoints members to fill vacancies which may occur by death1 resignation1 or otherwise in the ,state offices4 ,he also has the power to make appointments to all offices whose appointment or election is not otherwise provided for4 ,lieutenant-,governor4--,the ,lieutenant-,governor is the only executive officer whose residence at the ,state ,capital is not required by law4 ,in case of a vacancy in the office of ,governor by death1 resignation1 or otherwise1 the ,lieutenant-,governor becomes ,governor and takes up his residence at the ,state ,capital4 ,the only duty of the ,lieutenant-,governor1 when not called upon to act as ,governor1 is that of presiding officer of the ,senate4 ,secretary of ,state4--,the ,secretary of ,state is the custodian of ,the ,great ,seal of the ,state of ,idaho1 and all ,state papers4 ,he records the proceedings and acts of the ,legislature and also of the executive departments of the ,state government4 ,he is a member of the ,board of ,pardons1 of the ,board of ,state ,prison ,commissioners1 and of the ,state ,land ,board4 ,auditor4--,the ,auditor is the financial guardian of the ,state4 ,he is a member of the auditing committee which passes on all claims against the ,state4 ,the ,auditor receives all moneys paid the ,state1 and deposits the same with the ,state ,treasurer1 taking receipt therefore4 ,money is paid out of the treasury only by warrant issued by the ,auditor4 ,the ,auditor makes a regular report of the financial condition of the ,state4 ,treasurer4--,the ,treasurer1 who is under heavy bonds for the performance of his duties1 is the custodian of the funds of the ,state4 ,he receives the ,state's revenues from the ,auditor and pays out money only by warrant issued by the ,auditor4 ,attorney ,general4--,the ,attorney ,general is the legal adviser of the ,state officers and acts as attorney for the ,state in all cases in which the ,state is a party4 ,he represents the ,state in all its legal business4 ,his office is one of dignity and responsibility4 ,superintendent of ,public ,instruction4--,the ,superintendent of ,public ,instruction has charge of the public-school system of the ,state4 ,he prepares all examination questions used by the ,county ,superintendents of the ,state and prescribes rules and regulations for conducting such examinations4 ,it is his duty to meet with the ,county ,superintendents from time to time to discuss questions for the general welfare of the public schools of the ,state4 ,he is an ex-officio member of the ,board of ,trustees of the ,lewiston and ,albion ,normal ,schools1 the ,academy of ,idaho1 the ,state ,industrial ,school1 and the ,state ,land ,board4 ,judicial ,department4--,it is the special function of the ,judicial ,department to interpret and explain the laws4 ,the judicial power is vested in a court for trial of impeachments1 a supreme court1 district courts1 probate courts1 courts of justices of the peace1 and municipal courts4 ,the court for the trial of impeachments is the ,state ,senate1 whose functions as a court of justice are outlined under the head of ,legislative ,department4 ,the ,supreme ,court4--,the ,supreme ,court is composed of three judges elected from the ,state at large for a term of six years4 ,it is so arranged that one judge goes out of office each two years1 thus leaving a majority of members at all times with over two years' experience in office4 ,the ,supreme ,court has jurisdiction both original and appellate4 ,its original jurisdiction consists in issuing writs of mandamus1 certiorari1 prohibition1 and habeas corpus4 ,its appellate jurisdiction extends to practically all cases tried in the lower courts4 ,the ,constitution requires the ,supreme ,court to hold annually at least four terms of court3 two at ,boise1 the capital1 and two at ,lewiston4 ,the compensation allowed justices of the ,supreme ,court is four thousand dollars per year1 but they are not permitted to hold any other public office during the term for which they are elected4 ,the ,district ,court4--,it is in the ,district ,court that the great body of criminal cases are disposed of4 ,this court has original jurisdiction in all cases arising in the district1 and its appellate jurisdiction includes all cases which may be appealed to it from the probate or justice courts4 ,the ,state of ,idaho is divided into six judicial districts4 ,the ,district ,court is presided over by a judge whose legal qualifications do not differ materially from those of the justices of the ,supreme ,court4 ,two terms of court must be held in each county of the district annually1 and special sessions may be held at the option of the judge4 ,the judge must live in the district for which he is elected1 but may try cases in any county of the ,state at the request of the judge of the ,district ,court thereof who may be disqualified because of his personal or pecuniary interest in the case4 ,the salary paid the judge of the ,district ,court is three thousand dollars per year4 ,probate ,courts4--,the ,probate ,court is essentially a court of record and has original jurisdiction in all matters of probate4 ,it is in this court that settlement is made of the estate of deceased persons and that guardians are appointed4 ,the ,probate ,court may try all civil cases wherein the debt or damage claimed does not exceed five hundred dollars2 its jurisdiction in criminal cases is concurrent with that of justices of the peace4 ,court of ,justice of the ,peace4--,every county is divided into precincts1 in each one of which there is a ,justice of the ,peace4 ,he has jurisdiction in all civil cases arising in his district wherein the amount in consideration is not more than three hundred dollars and in cases classed as misdemeanors4 ,there are also police courts in cities for the trial of the violators of the city ordinances4 ,the presiding officers of such courts are called police judges4 ,amendments4--,amendments to the ,constitution may be submitted in two ways3 first1 by being proposed by two-thirds of both houses of the ,legislature2 second1 by being proposed by a convention called for that purpose4 ,the amendment thus submitted must be approved by the people at a popular election4 ,,schools4 ,the ,state of ,idaho supports the following educational institutions3 ,state ,university1 ,state ,normal ,schools at ,lewiston and ,albion1 ,academy of ,idaho at ,pocatello1 and the ,industrial ,school at ,st4 ,anthony4 ,each of these institutions is governed by a board of trustees appointed by the ,governor for a term of years4 ,the boards have the general management of the schools4 ,they build and furnish school buildings1 employ and dismiss teachers and employees1 prescribe the course of study and the conditions under which students are admitted to the respective institutions4 ,the ,governor is kept well informed on the conditions of the various institutions by regular reports which he requires of the several boards of trustees4 ,the reports set forth a detailed account of all expenditures for the two years just closing and make an estimate of the amount of funds needed for the maintenance of the institution for two years hence4 ,each school is supported by biennial appropriations made by the ,state ,legislature and by funds received as interest on money derived from the sale of public lands set aside by the ,state or ,national ,government for their use4 ,the amount of land set aside for the use of the ,state educational institutions is as follows3 ,state ,university1 including ,school of ,science and ,agricultural ,college1 #bhf1jjj acres2 ,lewiston ,normal1 #ej1jjj acres2 ,albion ,normal1 #ej1jjj acres2 ,academy of ,idaho1 #dj1jjj acres2 ,industrial ,reform ,school1 #dj1jjj acres4 ,the ,state ,university at ,moscow stands at the head of the educational institutions of the ,state4 ,there are three principal departments in the university4 ,in the ,department of ,letters and ,sciences the courses lead to degrees of ,bachelor of ,arts1 ,bachelor of ,science1 and ,bachelor of ,music4 ,in the ,department of ,agriculture the course leads to a degree of ,bachelor of ,science in ,agriculture4 ,in connection with the ,agricultural ,course is kept a model farm of one hundred acres and an experiment station in which laboratories are provided for soil physics1 chemistry1 entomology1 and botany4 ,in the ,department of ,applied ,science courses are given in civil engineering1 mining engineering1 and in electrical and mechanical engineering4 ,the ,university was established at ,moscow by special act of the ,territorial ,legislature in #ahhi1 and since that date it has had a splendid growth4 ,it is well equipped in apparatus necessary for the pursuit of the courses given4 ,the ,state ,normal ,schools4--,as an evidence of the fact that the framers of our ,state government had in mind a liberal education for the youth of our ,state #ajj1jjj acres of public land was set apart for the maintenance of normal schools1 with the provision that none of this land must be sold for less than ten dollars per acre4 ,the second ,state ,legislature established in #ahic two ,state ,normal ,schools1 one at ,lewiston and one at ,albion4 ,the purpose of these schools1 as set forth in the acts which created them1 is to educate and train teachers in the art of teaching and governing in the public schools of the ,state4 ,idaho1 although one of the youngest states in the ,union1 ranks high in her educational facilities1 and the ,normal ,training ,schools have been very influential in bringing about these results4 ,the ,lewiston ,state ,normal is empowered to grant certificates to its students to teach in ,idaho4 ,these certificates are3 ,a4 ,elementary ,certificates1 good for one year4 ,b4 ,secondary ,certificates1 good for five years4 ,c4 ,diplomas1 good for life4 ,until recently the ,albion ,state ,normal ,school has issued only three-year certificates on graduation1 and life diplomas only after twelve months' successful teaching4 ,on ,april #bd1 #aijg1 the ,board of ,trustees of the ,albion ,state ,normal passed a resolution1 providing that the regular course be lengthened to five years1 and that life diplomas may be granted to graduates who have taught successfully for five months4 ,academy of ,idaho4--,the ,academy of ,idaho is located at ,pocatello4 ,the purpose of this school1 as set forth in ,section #ihj of the ,school ,laws of ,idaho1 is to teach those subjects usually taught in academic and business courses and to give instructions pertaining to a good common school education4 ,each department is well equipped with the latest devices for furthering the work of the pupils4 ,the students have free access to the large library and reading room of the institution4 ,the requirements for admission to the ,academy of ,idaho are much the same as those of the normal schools2 the applicant must show either by certificate or examination that he is able to follow successfully the course which he elects4 ,no tuition is charged residents of ,idaho1 and pupils from other states are admitted to all the privileges of the ,academy by payment of a reasonable tuition4 ,the ,industrial ,reform ,school--,the ,industrial ,reform ,school was established in #aijc at ,st4 ,anthony1 ,fremont ,county4 ,the purpose of this school1 as set forth in the act which created it1 is for the care1 protection1 training1 and education of delinquent1 dependent1 and neglected children1 and1 to provide for the care1 control1 and discharge of juvenile offenders4 ,in addition to the income received from the #dj1jjj acres of land set aside for its maintenance1 the institution is supported by regular appropriations by the ,state ,legislature4 ,a farm of two hundred acres1 maintained in connection with the school1 is equipped with necessary agricultural implements1 vehicles1 horses1 cattle1 hogs1 poultry1 etc4 ,the ,idaho ,industrial ,training ,school is not a place of punishment1 but a school in which the physical1 mental1 and moral education of the child is systematically looked after4 ,it is the plan to have the children leave the institution with a good common school education1 with good habits1 and in fact with every requisite for good citizenship4 ,idaho ,insane ,asylum4--,the ,idaho ,insane ,asylum is located at the city of ,blackfoot on a tract of land comprising twenty-one hundred acres4 ,a large part of this farm is under cultivation and forms an important source of supplies for the institution4 ,in connection with the farm is maintained a large dairy herd1 horses1 sheep1 hogs1 and poultry4 ,a well-kept garden of thirty acres furnishes all the vegetables needed by the inmates and employees of the institution4 ,most of the work done in connection with the farm1 garden1 dairy1 etc41 is done by the inmates4 ,the climate1 the water supply1 and the general surroundings are especially healthful1 as is shown by the medical superintendent1 who says1 in his report of #aijf3 ,there is not a single case of that bane of asylum existence--tuberculosis--among them4 ,this is undoubtedly due to the climatic conditions here rather than anything else4 ,a branch asylum was located at ,orifino in #aije4 ,idaho ,state ,penitentiary4--,the ,idaho ,state ,penitentiary is located at ,boise and is the only penal institution in the ,state4 ,there are twenty-five buildings in all that are used by and belong to the institution1 nearly all of which have been erected since ,idaho became a state4 ,these buildings are located on a tract of five hundred and twenty acres of land just east of the city4 ,about eighty acres of land under cultivation are under the management of the institution and all the labor is done by the convicts4 ,the penitentiary maintains a most excellent library which is free to all the prisoners4 ,the prisoners are governed largely on the theory that ,nothing so begets vice as idleness4 ,during the last few years the convict labor has been engaged on the farm1 in quarrying rock for the buildings of the institution1 in erecting a new cell house and a woman's ward1 and in digging and walling up a large well which has given an abundant supply of pure water4 ,thus the institution is put as far as possible on a self-sustaining basis4 ,soldiers' ,home4--,the ,soldiers' ,home was established by the ,state ,legislature in #ahic and located on a tract of forty acres of land about three miles west of ,boise in ,ada ,county4 ,the purpose of the institution1 as suggested by its name1 is to provide a comfortable home for the honorably discharged soldiers1 sailors1 and marines who served in the ,mexican1 the ,civil1 or the ,spanish-,american wars2 or for any member of the ,state ,national ,guard disabled while on duty4 ,the home here provided for the old veterans is surrounded by all conveniences necessary to make their declining years pleasant and comfortable4 ,the rooms are heated by steam and lighted with electricity1 and they have a bountiful supply of wholesome food4 ,a hospital is maintained in connection with the institution1 and the inmates have the constant care of a skilled physician if necessary4 ,it is the aim of the institution to be as nearly self-supporting as possible2 regular appropriations for its maintenance are received from the ,state and ,national ,governments in about equal proportions4