,transcriber's ,note3 ,in the original  
book1 questions appeared at the bottom  
of each page4 ,these questions have been
 compiled at the end of the text4       
,the ,government ,class ,book2          
,designed for the ,instruction of ,youth
 in the ,principles of ,constitutional  
,government and the ,rights and ,duties 
of ,citizens4  ,by ,andrew ,w4 ,young1  
,author of ,science of ,government1     
,first ,lessons in ,civil ,government1  
,american ,statesman1 ,citizen's ,manual
 of ,government and ,law4               
,,new-,,york3 ,j4 ,c4 ,,derby  ,n4 ,c4  
,,miller1 #e ,,spruce ,,street1         
,,tribune ,,buildings4 #ahfe4           
,entered1 according to ,act of          
,congress1 in the year #ahei1 by ,andrew
 ,w4 ,young1 in the ,clerk's ,office of 
the ,district ,court of the ,united     
,states for the ,northern ,district of  
,new ,york4     ,preface4    ,the       
utility of the diffusion of political   
knowledge among a people exercising the 
right of self-government1 is universally

 admitted4 ,the form of government      
established by the people of the ,united
 ,states1 though well adapted to promote
 the general welfare1 is highly         
complicated2 and the knowledge requisite
 to administer it successfully can not  
be acquired without much study4 ,from   
the fact that a large portion of the    
,american people are greatly deficient  
in this knowledge1 we may justly        
conclude that it will never become      
general1 until it shall have been made  
an object of school instruction4  ,the  
administration of the government of this
 great and rapidly increasing republic1 
will1 in a few years1 devolve upon those
 who are now receiving instruction in   
the public schools4 ,yet thousands      
annually complete their school          
education1 who have never devoted any   
time to the study of the principles of  
the government in which they are soon to
 take a part--who become invested with  
political power without the preparation 
necessary to exercise it with           

discretion4 ,the schools are regarded as
 the nurseries of our future statesmen4 
,they share largely in the bounty of the
 state2 yet few of them render in return
 even the rudiments of political science
 to those who are to become her         
legislators1 and governors1 and judges4 
,not only in the common schools         
generally1 but in a large portion of the
 high schools and seminaries1 this      
science is not included in the course of
 instruction4  ,to many of the most     
enlightened friends of education and of 
our free institutions1 it has long been 
a matter of surprise as well as regret1 
that those to whom the educational      
interests of the states are more        
immediately intrusted1 should so long   
have treated the study in question as of
 minor importance1 or have suffered it  
to be excluded by studies of far less   
practical utility4 ,the ,regents of the 
,university of the ,state of ,new ,york 
have repeatedly noticed the neglect of  
this study in the academies and         

seminaries subject to their visitation2 
and they mention it as a remarkable     
fact1 that in many of them preference is
 given to the study of the ,grecian and 
,roman antiquities4 ,they say3 ,the     
constitutions1 laws1 manners1 and       
customs of ancient ,greece and ,rome are
 made subjects of regular study1 quarter
 after quarter1 while our own           
constitutional jurisprudence1 and the   
every day occurring principles of our   
civil jurisprudence1 are not admitted as
 a part of the academic course6  ,to    
persons who are to engage in any of the 
industrial or professional pursuits1 a  
preparatory course of training or       
discipline is deemed indispensable to   
success4 ,yet many assume the weighty   
responsibilities of freemen1 and allow  
their sons to do the same1 with scarcely
 any knowledge of a freeman's duties4   
,on the intelligent exercise of         
political power1 the public prosperity  
and the security of our liberties mainly
 depend4 ,every person1 therefore1 who  

is entitled to the rights of a citizen1 
is justly held responsible for the      
proper performance of his political     
duties4 ,and any course of popular      
instruction which fails to impart a     
knowledge of our system of government1  
must be materially defective4  ,with a  
view to supply this deficiency1 the     
author1 many years since1 prepared his  
,introduction to the ,science of        
,government4 ,this work soon attained   
considerable popularity1 both as a class
 book in schools1 and as a book for     
private reading and reference for       
adults4 ,not being deemed1 however1     
sufficiently elementary for the children
 and youth in most of our common        
schools1 another work1 entitled1 ,first 
,lessons in ,civil ,government1 was     
written to meet the capacities of       
younger or less advanced scholars than  
those for whom the previous work was    
designed4  ,the favorable reception of  
these works by the public1 and the      
assurances of their usefulness to       

thousands who have studied them1 are to 
the author a source of high             
gratification1 and an ample reward for  
many years of arduous labor4 ,the value 
of these works has1 however1 been in a  
measure impaired by changes in the      
government and laws since the time of   
their first publication4 ,the latter1   
especially1 descending so minutely into 
the details of the government of the    
state for which alone it is intended1   
requires frequent revisions4  ,it has   
occurred to the author that a new work1 
more permanent in the character of its  
matter1 and adapted for use in all the  
states1 is demanded to supply the       
deficiency in the present course of     
education4 ,stimulated by a desire to   
bear some part in laying a solid        
foundation for our republican           
institutions1 and encouraged by the     
success of his former labors in this    
department of education1 he has1 after a
 suspension of several years1 resumed   
his efforts in this enterprise1 in the  

hope that1 with the cooeperation of     
teachers1 and those having official     
supervision of the schools1 it may be   
carried forward to an early             
consummation2 when the principles of    
government shall be made a subject of   
regular study in the schools1 and the   
elements of a sound political education 
shall be accessible to the mass of      
,american youth4 ,and he flatters       
himself1 that the attention he has given
 to this subject has enabled him to     
prepare a work adapted1 in a good       
degree1 to meet the existing want of the
 schools4  ,many words and phrases1 as  
they occur in the course of the work1   
have been defined2 and an attempt has   
been made to explain the several        
subjects in such a manner as to render  
them intelligible to youth4  ,the object
 which it is the purpose of this work to
 aid in effecting1 claims the earnest   
attention of parents4 ,every father1 at 
least1 is bound to see that his sons    
have the means of acquiring a good      

political education4 ,he can not        
innocently suffer them to pass from     
under his guardianship unprepared to    
discharge their political duties4  ,the 
study of this work should not be        
confined to male pupils4 ,it has long   
been considered a striking defect in our
 system of education1 that females are  
not more generally instructed in the    
principles of civil government1 and in  
matters of business4 ,although they take
 no active part in public affairs1 the  
knowledge here commended would enable   
them to exert a far more powerful and   
salutary influence upon our national    
character and destiny4 ,as wives1       
mothers1 teachers1 and especially as    
counselors of the other sex1 they could 
apply this knowledge to valuable        
purposes4 ,and the question is          
submitted1 whether it would not         
contribute more to their usefulness than
 some of those accomplishments which    
form so large a part of a modern female 
education1 and which are usually lost   

amidst the cares of married life4  ,to  
preserve and transmit the blessings of  
constitutional liberty1 we need a       
healthful patriotism4 ,but a genuine    
love of country is hardly to be expected
 where there is not a proper            
appreciation of our political           
institutions1 which give it its         
preeminence among nations4 ,and how can 
they be duly appreciated if they are not
 understood8 ,it has been one of the    
objects of the writer to bring to view  
the chief excellencies of our system of 
government1 and thus to lay1 in the     
minds of youth1 the basis of an         
enlightened and conservative patriotism4
  ,that this work1 as an elementary     
treatise on civil government1 is not    
susceptible of improvement1 is not      
pretended4 ,such as it is1 it is        
submitted to the judgment of a candid   
public4 ,if it shall prove in any       
considerable degree useful1 the author's
 highest expectations will have been    
realized4    ,to ,teachers4   ,to the   

meritorious1 though often undervalued   
labors of the instructors of ,american  
youth1 is our country greatly indebted  
for the successful working of its system
 of free government2 and upon the labors
 of their successors rest1 in an equal  
degree1 all well-founded hopes of its   
future political prosperity4  ,the      
general introduction and profitable     
study of this work1 depend much upon a  
hearty and active cooeperation of       
teachers in the enterprise which it is  
intended to promote4 ,from all who      
desire to make themselves in the highest
 degree useful in their profession1 such
 cooeperation is confidently            
anticipated4  ,the advantage of         
instructing a class in civil government1
 is not confined to the pupils4 ,the    
teacher will find the exercise both     
interesting and profitable to himself4  
,although pains have been taken to adapt
 the work to the capacities of youth1   
the definition of many terms and        
phrases1 and the further explanation of 

many subjects1 have necessarily been    
left to be supplied by teachers4 ,the   
study and investigation which may in    
some cases be required to qualify them  
for the task1 will be amply rewarded by 
their own advancement in political      
knowledge4  ,no intelligent teacher1 it 
is presumed1 will object to the         
introduction of this study1 on the      
ground that there is not sufficient time
 or room for an additional exercise4    
,useful as all the branches now taught  
may be justly deemed1 all of them are   
not1 as is a knowledge of government1   
indispensable to the security of our    
liberties4 ,the latter is of far greater
 importance to an ,american citizen1    
than a knowledge of some portions of    
arithmetic and the higher mathematics2  
and in the opinion of some distinguished
 educators the time now devoted to      
these1 in many schools1 is sufficient to
 acquire a tolerable political          
education4 ,it is believed1 however1    
that this study need not exclude1 or    

essentially interfere with1 any of the  
studies pursued in the schools          
generally4 ,by the more advanced        
scholars in the common schools1 the work
 may be used as a reading book1 and thus
 a two-fold advantage be gained from its
 use4  ,to assist the more inexperienced
 teachers in conducting the exercise1 a 
few questions have been appended to the 
chapters4 ,questions may be added by the
 teachers at pleasure1 or to such extent
 as may be thought necessary4 ,and it is
 believed the recitations may be made   
more profitable to pupils1 by requiring 
them1 so far as may be1 to give answers 
in their own words4 ,to some of the     
printed questions1 no answers are       
furnished by the chapters and sections  
referred to1 but may be found in the    
,synopsis of the ,state ,constitutions1 
or other parts of the work4             
,occasionally questions have been       
inserted to which no part of the work   
furnishes the answers4     ,contents    
,principles of ,government4   ,chapter  

,i4       ,mankind fitted for ,society1 
and for ,civil ,government and ,laws    
,chapter ,,ii4       ,rights and        
,liberty1 defined  ,chapter ,,iii4      
,laws defined  ,chapter ,,iv4           
,different ,forms of ,government4       
,monarchy2 ,aristocracy2 ,democracy2    
,republic    ,state ,governments4       
,chapter ,v4       ,the ,nature and     
,objects of a ,constitution1 and the    
manner in which      it is made         
,chapter ,,vi4       ,qualifications of 
,electors2 or1 by whom ,political ,power
 is      exercised in the ,states of    
this ,union  ,chapter ,,vii4            
,elections  ,chapter ,,viii4            
,division of the ,powers of ,government 
,chapter ,,ix4       ,states            
,legislatures--how constituted  ,chapter
 ,x4       ,meetings and ,organization  
of the ,legislature  ,chapter ,,xi4     
,manner of ,enacting ,laws  ,chapter    
,,xii4       ,executive ,department4    
,governor and ,lieutenant ,governor     
,chapter ,,xiii4       ,assistant       

,executive ,state ,officers  ,chapter   
,,xiv4       ,counties and ,county      
,officers4 ,powers and ,duties of       
,county ,officers  ,chapter ,,xv4       
,towns and ,town ,officers4 ,powers and 
,duties of ,town ,officers  ,chapter    
,,xvi4       ,incorporation and         
,government of ,cities1 ,villages1 c4   
,chapter ,,xvii4       ,judicial        
,department4 ,justices' ,courts         
,chapter ,,xviii4       ,trial by ,jury2
 ,execution2 ,attachment2 ,appeals2     
,arrest of ,offenders  ,chapter ,,xix4  
,courts other than ,justices' ,courts2  
,grand and ,petit ,juries1 c4  ,chapter 
,,xx4       ,chancery or ,equity        
,courts2 ,probate ,courts2 ,court of    
,impeachment  ,chapter ,,xxi4           
,assessment and ,collection of ,taxes   
,chapter ,,xxii4       ,education4      
,school ,funds2 ,schools1 c4  ,chapter  
,,xxiii4       ,canals and ,railroads   
,chapter ,,xxiv4       ,banks and       
,insurance ,companies  ,chapter ,,xxv4  
,the ,militia    ,government of the     

,united ,states4   ,chapter ,,xxvi4     
,causes of the ,revolution  ,chapter    
,,xxvii4       ,nature of the ,union    
under the ,confederation  ,chapter      
,,xxviii4       ,nature of the ,union   
under the ,constitution  ,chapter       
,,xxix4       ,legislative ,department4 
,house of ,representatives  ,chapter    
,,xxx4       ,the ,senate  ,chapter     
,,xxxi4       ,power of ,congress to lay
 ,taxes1 ,duties1 c42 ,power to ,borrow 
,money  ,chapter ,,xxxii4       ,power  
to ,regulate ,commerce4 ,commerce with  
,foreign ,nations  ,chapter ,,xxxiii4   
,power to ,regulate ,commerce1          
continued4 ,navigation2 ,commerce among 
the ,states1 and with the ,indian       
,tribes  ,chapter ,,xxxiv4       ,powers
 of ,congress in ,relation to           
,naturalization2 ,bankruptcy2           
,coining ,money2 ,weights and ,measures2
 ,punishment of ,counterfeiting         
,chapter ,,xxxv4       ,powers of       
,congress in ,relation to               
,post-,offices2 ,copy-,rights and       

,patents2 ,inferior ,courts  ,chapter   
,,xxxvi4       ,powers of ,congress in  
,relation to ,piracy and ,offenses      
against the      ,law of ,nations2 ,war2
 ,marque and ,reprisal2 ,public         
,defense2 ,district      of ,columbia2  
,implied ,powers  ,chapter ,,xxxvii4    
,prohibitions on ,congress  ,chapter    
,,xxxviii4       ,prohibition on the    
,states  ,chapter ,,xxxix4              
,executive ,department4 ,president and  
,vice-,president2 their ,election1      
,qualifications1 c4  ,chapter ,,xl4     
,powers and ,duties of the ,president2  
,treaties2 ,public ,ministers2          
,appointments and ,removals  ,chapter   
,,xli4       ,auxiliary ,executive      
,departments4 ,departments of ,state1 of
 the      ,treasury1 of the ,interior1  
of ,war1 of the ,navy1 of the           
,post-,office2      ,attorney ,general  
,chapter ,,xlii4       ,judicial        
,department4 ,district ,courts2 ,circuit
 ,courts2 ,supreme ,court  ,chapter     
,,xliii4       ,treason ,defined1 its   

,punishment  ,chapter ,,xliv4           
,state ,records2 ,privileges of         
,citizens2 ,fugitives2 ,admission of    
,new      ,states2 ,power over          
,territory2 ,guaranty of ,republican    
,government  ,chapter ,,xlv4            
,provision for ,amendments2 ,assumptions
 of ,public ,debt2 ,supremacy of        
the ,constitution1 c42 ,oaths and       
,tests2 ,ratification of the            
,constitution  ,chapter ,,xlvi4         
,amendments to the ,constitution        
,common and ,statutory ,law4   ,chapter 
,,xlvii4       ,rights of ,persons4     
,personal ,security2 ,personal ,liberty2
 ,religious      ,liberty2 ,liberty of  
,speech1 and of the ,press2 ,right of   
,property  ,chapter ,,xlviii4           
,domestic ,relations4 ,husband and ,wife
  ,chapter ,,xlix4       ,domestic      
,relations1 continued4 ,parent and      
,child2 ,guardian and ,ward2            
,minors2 ,masters1 ,apprentices1 and    
,servants  ,chapter ,l4       ,rights of
 ,property4 ,how ,title to ,property is 

acquired2 ,wills and      ,testaments2  
,title to ,property by ,descent         
,chapter ,,li4       ,deeds and         
,mortgages  ,chapter ,,lii4             
,incorporeal ,hereditaments1 ,right of  
,way2 ,aquatic ,rights1 c4  ,chapter    
,,liii4       ,leases4 ,estates for     
,life2 ,estates for ,years2 ,estates at 
,will2      ,estates by ,sufferance2    
,rent1 c4  ,chapter ,,liv4              
,contracts in ,general  ,chapter ,,lv4  
,contracts of ,sale  ,chapter ,,lvi4    
,fraudulent ,sales2 ,assignments2       
,gifts1 c4  ,chapter ,,lvii4            
,bailment  ,chapter ,,lviii4            
,principal and ,agent1 or ,factor2      
,broker2 ,lien1 c4  ,chapter ,,lix4     
,partnership  ,chapter ,,lx4            
,promissory ,notes  ,chapter ,,lxi4     
,bills of ,exchange2 ,interest2 ,usury  
,chapter ,,lxii4       ,crimes and      
,misdemeanors    ,law of ,nations4      
,chapter ,,lxiii4       ,origin and     
,progress of the ,law of ,nations2 the  
,natural1 ,customary1      and          

,conventional ,laws of ,nations         
,chapter ,,lxiv4       ,the             
,jurisdiction of ,nations2 their mutual 
,rights and ,obligations2      the      
,rights of ,embassadors1 ,ministers1 c4 
,chapter ,,lxv4       ,offensive and    
,defensive ,war2 just ,causes of ,war2  
,reprisals2      ,alliances in ,war     
,chapter ,,lxvi4       ,declaration of  
,war2 its ,effect upon the ,person and  
,property of the      ,enemy's          
,subjects2 ,stratagems in ,war2         
,privateering  ,chapter ,,lxvii4        
,rights and ,duties of ,neutral         
,nations2 ,contraband ,goods2 ,blockade2
      ,right of ,search2 ,safe ,conducts
 and ,passports2 ,truces2 ,treaties of  
,peace   ,synopsis of the ,state        
,constitutions4  ,maine ,new ,hampshire 
,vermont ,massachusetts ,rhode ,island  
,connecticut ,new ,york ,new ,jersey    
,pennsylvania ,delaware ,maryland       
,virginia ,north ,carolina ,south       
,carolina ,georgia ,florida ,alabama    
,mississippi ,louisiana ,texas ,arkansas

 ,missouri ,tennessee ,kentucky ,ohio   
,indiana ,illinois ,michigan ,wisconsin 
,iowa ,california ,minnesota            
,constitution of the ,united ,states    
,government ,class ,book4               
,principles of ,government4     ,chapter
 ,i4  ,mankind fitted for ,society1 and 
for ,civil ,government and ,laws4       
,sec4#a4 ,mankind are social beings4    
,they are by nature fitted for society4 
,by this we mean that they are naturally
 disposed to associate with each other4 
,indeed1 such is their nature1 that they
 could not be happy without such        
association4 ,hence we conclude that the
 ,creator has designed men for society4 
,it can not1 therefore1 be true1 as some
 say1 that the savage state is the      
natural state of man4  ,sec4#b4 ,man is 
so formed that he is dependent upon his 
fellow men4 ,he has not the natural     
strength of other animals4 ,he needs the
 assistance of creatures like himself to
 protect and preserve his own being4 ,we
 can hardly imagine how a person could  

procure the necessaries of life without 
such assistance4 ,but men have the gifts
 of reason and speech4 ,by conversation 
they are enabled to improve their reason
 and increase their knowledge1 and to   
find methods of supplying their wants1  
and of improving their social condition4
  ,sec4#c4 ,but1 although men need the  
assistance of each other1 they are so   
formed that each must have the care of  
himself4 ,if every man were fed and     
clothed from a common store1 provided by
 the labor of all1 many1 depending upon 
the labor of others1 would be less      
industrious than they now are4 ,by the  
present arrangement in society1 which   
obliges every man to provide for his own
 wants1 more is earned1 a greater number
 are cared for1 and the general welfare 
is better promoted than would be done if
 each labored for the benefit of all4   
,sec4#d4 ,from this arrangement comes   
the right of property4 ,if each man's   
earnings should go into a common stock  
for the use of all1 there would be      

nothing that any one could call his own4
 ,but if each is to provide for himself1
 he must have a right to use and enjoy  
the fruits of his own labor4  ,sec4#e4  
,but all men in society have the same   
rights4 ,therefore1 in laboring to      
supply our wants1 and to gratify our    
desires1 we can not rightfully do so any
 further than is consistent with the    
rights of others4 ,hence we see the     
necessity of some established rules for 
securing to every member of society the 
free enjoyment of what justly belongs to
 him1 and for regulating his conduct    
toward his fellow-members4  ,sec4#f4    
,these rules for regulating the social  
actions of men1 are called laws4 ,law1  
in a general sense1 is a rule of action1
 and is applied to all kinds of action4 
,but in its limited and proper sense1 it
 denotes the rules of human action      
prescribing what men are to do1 and     
forbidding what they are not to do4     
,sec4#g4 ,we have seen that man is      
fitted for society1 and that laws are   

necessary to govern the conduct of men  
in the social state4 ,we see also that  
mankind are fitted by nature for        
government and laws4 ,man is also a     
moral being4 ,the word moral has various
 significations4 ,sometimes it means    
only virtuous1 or just2 as1 a moral man2
 that is1 a man of moral character1 or  
who lives a moral life2 by which is     
meant that the conduct of the man is    
just and right4  ,sec4#h4 ,but in a     
wider sense1 the word moral relates to  
the social actions of men1 both right   
and wrong4 ,thus1 in speaking of the    
character of a man1 we say1 his morals  
are good1 or his morals are bad4 ,and of
 an action1 we say1 it is morally right1
 or it is morally wrong4 ,man's having a
 moral nature implies that he has a     
sense of right and wrong1 or at least   
the power or faculty of acquiring it2   
and1 being a moral agent1 he is         
accountable for his actions4  ,sec4#i4  
,thus we have seen that men are social1 
reasonable1 and moral beings4 ,they have

 power to discern their own wants and   
the wants of their fellow men2 to       
perceive what is right and what is      
wrong2 and to know that they ought to do
 what is right and to forbear to do what
 is wrong4 ,their reason enables them to
 understand the meaning of laws1 and to 
discover what laws are necessary to     
regulate the social actions of men4     
,hence we conclude that they are fitted 
and designed for society1 and for       
government and law4  ,sec4#aj4 ,the     
youngest reader probably knows1 that in 
speaking of society1 we do not refer to 
any of those associations usually called
 societies1 but to civil society1       
composed of the people of a state or    
nation4 ,a nation1 or state1 is a large 
number of persons united under some form
 of government2 as1 the ,french nation2 
the ,british nation2 or the state of    
,new-,york2 the state of ,virginia4     
,sometimes it signifies the ruling or   
governing power of a state or nation1   
as1 the state has provided for educating

 its citizens1 and for supporting the   
poor4  ,sec4#aa4 ,the object of the     
people in forming a state association1  
or1 as is sometimes said1 of entering   
into civil society1 is to promote their 
mutual safety and happiness4 ,in uniting
 for this purpose1 they agree to be     
governed by certain established rules   
and principles2 and the governing of the
 people of a state or nation according  
to these rules1 is called civil         
government4 ,the word government also   
signifies the rules and principles      
themselves by which the people are      
governed2 and sometimes the persons who 
administer the government--that is those
 who make the laws of a state and carry 
them into effect--are called the        
government4     ,chapter ,,ii4  ,rights 
and ,liberty1 defined4    ,sec4#a4 ,we  
have spoken of the rights of men1 and of
 laws as designed to secure to men the  
free enjoyment of their rights4 ,but a  
more particular definition of rights and
 laws will be useful to young persons   

just commencing the study of civil      
government4  ,sec4#b4 ,a right means    
ownership1 or the just claim or lawful  
title which a person has to anything4   
,what we have acquired by honest labor1 
or other lawful means1 is rightfully our
 own2 and we are justly entitled to the 
free use and enjoyment of it4 ,we have a
 right also to be free in our actions4  
,we may go where we please1 and do what 
ever we think necessary for our own     
safety and happiness2 provided we do not
 trespass upon the rights of others2 for
 it must be remembered that others have 
the same rights as ourselves4  ,sec4#c4 
,the rights here mentioned are natural  
rights4 ,they are so called because they
 are ours by nature or by birth2 and    
they can not be justly taken from us or 
alienated4 ,hence they are also called  
inalienable4 ,we may1 however1 forfeit  
them by some offense or crime4 ,if1 for 
example1 a man is fined for breaking a  
law1 he loses his right to the money he 
is obliged to pay4 ,by stealing1 he     

forfeits his liberty1 and may be justly 
imprisoned4 ,by committing murder1 he   
forfeits his right to life1 and may be  
hanged4  ,sec4#d4 ,rights are also      
called personal1 political1 civil1 and  
religious4 ,personal rights1 or the     
rights of persons1 are rights belonging 
to persons as individuals1 and consist  
of the right of personal security1 or   
the right to be secure from injury to   
our bodies1 or persons1 or our good     
names2 the right of personal liberty1 or
 the liberty of moving1 acting1 or      
speaking without unjust restraint2 and  
the right of property1 or the right to  
acquire and enjoy property4 ,the terms  
rights of person and rights of persons1 
or personal rights1 have not the same   
meaning4 ,the rights of person1 as the  
term is generally used1 does not include
 the right of property2 personal rights 
include both the right of property and  
the rights of person4  ,sec4#e4         
,political rights are those which belong
 to the people in their political       

capacity4 ,the word political1 in a     
general sense1 relates to government4   
,the whole body of the people united    
under one government1 is called the     
political body1 or body politic4 ,the   
right of the people to choose and       
establish for themselves a form of      
government1 or constitution1 and the    
right to elect persons to make and      
execute the laws1 are political rights4 
,the right of voting at elections is    
therefore a political right4  ,sec4#f4  
,civil rights are those which are       
secured to the citizens by the laws of  
the state4 ,some make no distinction    
between civil rights and political      
rights4 ,in a proper sense--that in     
which the terms are here used--there is 
this difference3 political rights are   
those secured by the political or       
fundamental law1 called the             
constitution2 civil rights are more     
properly those which are secured by the 
civil or municipal laws4 ,the difference
 will more clearly appear from the      

definition elsewhere given of the       
political and civil laws4 7,chap4 ,,iii4
 ,sec4#e1 #f47  ,sec4#g4 ,religious     
rights consist in the right of a man to 
make known and maintain his religious   
opinions1 and to worship ,god in that   
way and manner which he believes in his 
conscience to be most acceptable to his 
,maker4 ,this right is called also the  
right of conscience4 ,but in exercising 
this right1 a man may not abuse it by   
violating the rights of others1 or      
disturbing the peace and order of       
society4  ,sec4#h4 ,now1 although human 
rights are thus divided into classes and
 differently defined1 they are all      
natural rights4 ,it is generally held in
 this country as a truth1 that all men  
are created equal2 that is1 born with   
the same rights4 ,and if men1 as social 
and moral beings1 are fitted by nature  
and designed for government and laws1 we
 conclude that their political1 civil1  
and religious rights1 and all other     
rights to which they are entitled by the

 law of nature1 are natural rights4     
,sec4#i4 ,liberty is the being free to  
exercise and enjoy our rights1 and is   
called natural1 political1 civil1 or    
religious1 according to the particular  
class of rights referred to4 ,thus the  
exercise of rights guarantied by the    
constitution or political law1 is called
 political liberty4 ,the free enjoyment 
of rights secured by the civil or       
municipal laws1 is called civil liberty4
 ,and freedom of religious opinion and  
worship is called religious liberty4    
,sec4#aj4 ,hence liberty itself is a    
natural right4 ,the words right and     
liberty1 however1 have not the same     
meaning4 ,we may have a right to a thing
 when we have not the liberty of using  
it4 ,john has a pencil which is justly  
his own2 but ,james takes it from him by
 force4 ,john's liberty to enjoy the use
 of his pencil is lost1 but his right to
 it remains4 ,james has no right to the 
use of the pencil1 though he enjoys the 
use of it4  ,sec4#aa4 ,this example     

serves also to explain further the use  
of the different terms applied to rights
 and liberty4 ,john's right to his      
pencil1 being guarantied to him by the  
laws of civil society1 is a civil right4
 ,it is with equal propriety called a   
natural right1 because1 by the law of   
nature1 he has a right to the use of his
 pencil4     ,chapter ,,iii4  ,laws1    
defined4    ,sec4#a4 ,law has been      
briefly defined4 7,chap4 #a4 ,sec4#f47  
,as in the case of rights and liberty1  
laws are distinguished by different     
names2 as1 the law of nature1 or natural
 law2 the moral law2 the law of         
revelation1 or revealed law2 the        
political law2 the civil or municipal   
law4  ,sec4#b4 ,the law of nature1 is of
 the highest possible authority1 being  
established by the supreme ,lawgiver    
himself4 ,it is called the law of       
nature1 because it is right in          
itself--right in the nature of things1  
and ought to be obeyed1 though no       
positive command had ever been given to 

men4 ,it is a perfect rule of right for 
all moral and social beings4 ,it is that
 eternal rule of right to which ,god    
himself conforms4  ,sec4#c4 ,the law of 
nature1 as a rule of human action1      
arises out of man's relation to his     
,maker and to his fellow men4 ,as a     
creature1 he must be subject to the laws
 of his ,creator1 on whom he is         
dependent4 ,he is also in a measure     
dependent upon his fellow beings4 ,all  
being created equal1 each is bound by   
the principles of natural justice to    
render to others that assistance which  
is necessary to make them as happy as   
himself1 or which they justly owe to him
 in return4  ,sec4#d4 ,the moral law is 
that which prescribes to men their      
duties to ,god and to each other4 ,as a 
rule of human conduct therefore1 it     
corresponds exactly to the law of       
nature4 ,the moral law is briefly       
expressed in the decalogue or ten       
commandments1 and is still more briefly 
summed up in the two great commandments1

 to love ,god with all our heart and to 
love our neighbor as ourselves4 ,god    
being its author1 it is called the      
divine law2 and1 being found in the     
,holy ,scriptures1 in which his will is 
revealed to mankind1 it is called the   
revealed law1 or law of revelation4     
,sec4#e4 ,political law1 as has been    
observed1 is that system or form of     
fundamental rules1 called the           
constitution1 by which the people in    
their political capacity1 or as a body  
politic1 agree to be governed4 ,the     
nature of this law will more clearly    
appear from a more particular definition
 of constitution1 and from a description
 of the manner in which a constitution  
is made4 7,chap4 ,v47  ,sec4#f4 ,the    
word municipal was used by the ,romans  
to designate that which related to a    
municipium1 which was a free town1 or   
city4 ,the rights of a citizen of such  
free city or town were called municipal 
rights1 and its officers were called    
municipal officers4 ,in this country1   

the word is not only used in this       
limited sense1 but is extended to what  
pertains to a state4 ,hence the body of 
laws which prescribe the duties of the  
citizens of a state1 are called the     
municipal or civil law4 ,and the term is
 used to distinguish the laws made by   
the legislature1 or law-making power of 
the state1 from the constitution1 or    
political law1 adopted by the people in 
their political capacity4  ,sec4#g4 ,if1
 as has been said1 the laws of the      
,creator form a perfect rule of conduct 
for all mankind1 and ought in all cases 
to be obeyed1 then all human law ought  
to agree with the divine law4 ,if a     
human law is contrary to the divine law1
 or if it requires us to disobey the    
commands of ,god1 it is not binding1 and
 should not be obeyed4 ,so the          
,scriptures teach4 ,they speak          
approvingly of men who disobeyed human  
authority1 and who gave as the reason1  
that it was their duty to obey ,god     
rather than men2 and they furnish many  

examples of good men who submitted to   
severe punishment1 even to death1 rather
 than do what they knew to be contrary  
to the divine will4  ,sec4#h4 ,but      
although the divine will as revealed in 
the ,scriptures1 is a perfect rule or   
law for all mankind1 and although human 
laws ought to conform to the divine law1
 yet it would be impossible to govern   
the people of a state by that law alone4
 ,the divine law is broad1 and          
comprehends rules to teach men their    
whole duty2 but it does not specify     
every particular act of duty4 ,much of  
it consists of general principles to    
which particular acts must be made to   
conform4 ,it requires men to deal justly
 with each other2 but men do not always 
agree as to what is right4 ,human laws1 
therefore1 become necessary to declare  
what shall be considered just and right 
between man and man4  ,sec4#i4 ,it may  
be observed1 further1 that all the      
divine precepts could not be carried    
into effect in civil government4 ,they  

are spiritual1 and reach to the thoughts
 and intents of the heart4 ,they require
 us to love our ,creator supremely1 and 
our neighbor as ourselves2 in other     
words1 to do to others as we would that 
they should do to us4 ,but as the       
omniscient ,god only knows when men fail
 in these duties1 no human authority    
could enforce such a law4 ,human laws1  
therefore1 have respect chiefly to the  
outward acts of men1 and are designed to
 regulate their intercourse with each   
other4  ,sec4#aj4 ,although the laws of 
the state can not compel men to fulfill 
the great law of love1 it is            
nevertheless morally binding upon all4  
,a perfectly holy ,creator could        
consistently require of his moral and   
accountable creatures nothing less than 
supreme love to himself1 and equal love 
to one another4 ,this1 as has been      
remarked1 is in accordance with the law 
of nature1 which is right in the nature 
of things4 7,chap4 ,,iii4 ,sec4#b1 #c47 
,sec4#aa4 ,while the divine law accords 

perfectly with the principles of natural
 justice1 the giving of it to mankind   
manifests the wisdom and benevolence of 
the supreme ,lawgiver4 ,man is so       
formed1 that it is for his highest      
happiness strictly to obey this law4    
,the generous man1 in relieving the     
wants of others1 contributes to his own 
happiness4 ,the boy who divides an apple
 with his fellow1 is more happy than he 
would be if he retained the whole to    
himself4 ,it is generally true1 that1 in
 performing acts of kindness and charity
 to others1 we most effectually promote 
our own happiness1 and feel the saying  
to be true1 ,it is more blessed to give 
than to receive4     ,chapter ,,iv4     
,different ,forms of ,government4       
,monarchy2 ,aristocracy2 ,democracy2    
,republic4    ,sec4#a4 ,governments have
 existed in a great variety of forms4   
,the earliest governments of which we   
have any knowledge1 are the patriarchal4
 ,patriarch1 from the ,greek1 pater1    
father1 and arkos1 chief1 or head1 means

 the father and ruler of a family4 ,this
 kind of government prevailed in the    
early ages of the world1 and in a state 
of society in which the people dwelt    
together in families or tribes1 and were
 not yet formed into states or nations4 
,the patriarchal government existed     
before the flood1 and for a long period 
afterward4 ,abraham1 ,isaac1 and ,jacob1
 the fathers of the ,hebrew race1 as    
also the sons of ,jacob1 the heads of   
the twelve tribes1 were called          
patriarchs4  ,sec4#b4 ,after their      
departure from ,egypt1 the government of
 the ,hebrews was a theocracy4 ,this    
word is from theos1 ,god1 and kratos1   
power1 and signifies a government by the
 immediate direction of ,god4 ,the laws 
by which they were governed were given  
to them on ,mount ,sinai by ,god        
himself1 their leader and king4 ,this   
theocratic form of government1 with some
 changes1 existed until the coming of   
the ,messiah4  ,sec4#c4 ,but the forms  
of government which have most prevailed1

 are designated by the terms1 monarchy1 
aristocracy1 and democracy1 or republic4
 ,these words severally indicate by what
 persons1 and in what manner1 the       
governing power of a state is exercised4
 ,this power is usually called the      
sovereign1 or supreme power4 ,where     
kings rule1 they are called sovereign2  
and where the power is in the hands of  
the people1 the people are sovereign4   
,in the strict sense of the term1       
however1 entire sovereignty1 or supreme 
power1 exists only where power is       
exercised by one man1 or a single body  
of men1 uncontrolled or unrestrained by 
laws or by any other power4 ,but in a   
more general sense1 it is that power in 
a state which is superior to all other  
powers within the same4  ,sec4#d4 ,a    
form of government in which the supreme 
power is in the hands of one person1 is 
called a monarchy4 ,the word monarch is 
from two ,greek words1 monos sole or    
only1 and arkos1 a chief2 and is a      
general name for a single ruler1 whether

 he is called king1 emperor1 or prince4 
,a government in which all power resides
 in or proceeds from one person1 is an  
absolute monarchy4 ,if the power of the 
monarch is restrained by laws or by some
 other power1 it is called a limited    
monarchy4  ,sec4#e4 ,a monarchy is      
called hereditary in which the throne   
passes from father to son1 or from the  
monarch to his successor1 by            
inheritance4 ,on the death of a         
sovereign1 the eldest son is usually    
heir to the crown2 or if there is no    
son1 it falls to the daughter1 or some  
other relative4 ,a monarchy is elective1
 where1 on the death of the ruler1 his  
successor is appointed by an election4  
,a few such monarchies have existed4    
,sec4#f4 ,an absolute monarchy is       
sometimes called despotism4 ,the word   
despot is from the ,greek1 and means    
master1 or lord4 ,it has nearly the same
 meaning as tyrant1 which also is from  
the ,greek1 and signifies king4 ,these  
words at first meant simply a single    

ruler4 ,they are now applied1 for the   
most part1 to rulers who exercise       
authority over their subjects with      
severity4 ,in an absolute despotism1 the
 monarch has entire control over his    
subjects4 ,they have no law but the will
 of the ruler1 who has at command a     
large force of armed men to keep his    
people in subjection4 ,the governments  
of ,russia and ,turkey are highly       
despotic4  ,sec4#g4 ,an aristocracy is a
 form of government in which the power  
is exercised by a privileged order of   
men1 distinguished for their rank and   
wealth4 ,the word aristocracy is from   
the ,greek word aristos1 best1 and      
kratos1 power1 or krateo1 to govern2 and
 means a government of the best4 ,it is 
also used for the nobility of a country 
under a monarchical government4 ,nobles 
are persons of rank above the common    
people1 and bear some title of honor4   
,the titles of the ,english nobility are
 those of duke1 marquis1 earl1 viscount1
 and baron4 ,these titles are           

hereditary1 being derived from birth4   
,in some cases they are conferred upon  
persons by the king4  ,sec4#h4 ,a       
democracy is a government of the people2
 the word democracy being from the      
,greek demos1 the people1 and krateo1 to
 govern4 ,in a government purely        
democratic1 the great body of freemen   
meet in one assembly to make and execute
 the laws4 ,there were some such        
governments in ancient ,greece2 but they
 necessarily comprised small            
territories1 scarcely more than a single
 town4 ,the freemen of a state could not
 all meet in a single assembly4         
,sec4#i4 ,the government of this        
country1 though a government of the     
people1 is not one of the kind just     
described2 it is a republic4 ,a republic
 is a government in which the power to  
enact and execute the laws is exercised 
by representatives1 who are persons     
elected by the people to act for them4  
,yet1 as not only the election of       
representatives1 but the adoption of the

 constitution or form of government     
itself is the act of the people2 and as1
 therefore1 all power comes from the    
people1 the government is also          
democratic2 and is properly called a    
democratic republic1 or a representative
 democracy4  ,sec4#aj4 ,a republic is   
sometimes also called a commonwealth4   
,common signifies general1 and is       
applied to what belongs to or is used by
 the people generally4 ,weal means      
welfare or happiness4 ,wealth also was  
formerly sometimes used for weal4 ,hence
 commonwealth means strictly the common 
good1 or the common happiness4 ,in a    
general sense it signifies a state2 but 
it is properly applied to a free state1 
one in which the people enjoy common    
rights and privileges4 ,hence every     
state in the union is a commonwealth or 
republic4      ,state ,governments4     
,chapter ,v4  ,the ,nature and ,objects 
of a ,constitution1 and the ,manner in  
which it is made4    ,sec4#a4 ,of all   
the different forms of government which 

have existed1 a republican government1  
on the plan of that which has been      
established in this country1 is believed
 to be best adapted to secure the       
liberties of a people1 and to promote   
the general welfare4 ,under the reign of
 a wise and virtuous ruler1 the rights  
of person and property may be fully     
enjoyed1 and the people may be in a good
 degree prosperous4 ,but the requisite  
virtue and wisdom have seldom been found
 in any one man or a few men4 ,and      
experience has proved that the objects  
of civil government may be best secured 
by a written constitution founded upon  
the will or consent of the people4      
,sec4#b4 ,the word constitute is from   
the ,latin1 and signifies to set1 to    
fix1 to establish4 ,constitution1 when  
used in a political sense1 means the    
established form of government of a     
state4 ,in a free government1 like ours1
 it is properly called the political    
law1 being established by the people as 
a body politic1 or political body4      

7,chap4 ,,iii1 ,sec4#e47 ,it is also    
called the fundamental law1 because it  
is the foundation of all other laws of  
the state1 which are enacted by the     
legislature for regulating intercourse  
between the citizens1 and are called the
 municipal or civil law1 and must       
conform to the fundamental1 or political
 law4  ,sec4#c4 ,a constitution is in   
the nature of an agreement between a    
whole community or body politic and each
 of its members4 ,this agreement or     
contract implies1 that each one binds   
himself to the whole1 and the whole bind
 themselves to each one1 that all shall 
be governed by certain laws and         
regulations for the common good4        
,sec4#d4 ,the nature of a constitution  
will further appear from the manner in  
which it is made4 ,it is evident that a 
people1 in establishing a constitution1 
must have some right or authority to act
 in the business4 ,whence this right is 
derived1 we will not now stop to        
inquire4 ,there is1 however1 somewhere  

power to enact a law authorizing the    
people to make a constitution and       
prescribing the manner in which it is to
 be made4  ,sec4#e4 ,in forming a       
constitution1 the people must act       
collectively4 ,but their number is too  
large to meet in a single assembly4     
,therefore they choose a small number to
 act for them4 ,one or more are chosen  
in each county1 or smaller district1 and
 are called delegates4 ,a delegate is a 
person appointed by another with power  
to transact business as his             
representative4 ,the assembly composed  
of the delegates so elected1 is called  
convention2 a name given to most public 
meetings other than legislative         
assemblies4 ,delegate and representative
 are words of nearly the same meaning4  
,the latter1 however1 usually designates
 a person chosen to assist in making the
 laws of the state4  ,sec4#f4 ,the rules
 agreed upon by the convention as a     
basis of government1 are arranged in    
proper form4 ,the several portions      

relating to the different subjects are  
called articles1 and numbered2 and the  
articles are divided into sections1     
which also are numbered4 ,but what has  
been thus prepared by the convention is 
not yet a constitution4 ,it is only a   
draft of one1 and can not become a      
constitution without the consent of the 
people to be given at an election4 ,if a
 majority of the persons voting at such 
election vote in favor of the proposed  
constitution1 it is adopted1 and becomes
 the constitution of the state4         
,sec4#g4 ,one of the most valuable      
rights of the people under a free       
government1 is the right to have a      
constitution of their own choice4       
,indeed it is in this right that their  
freedom principally consists4 ,it is by 
the constitution that their rights are  
secured4 ,all the people join in        
establishing the constitution2 but they 
do not all unite in making and executing
 the laws2 in other words1 they do not  
themselves administer the government2   

this is done by their representatives4  
,but if these should enact unjust and   
oppressive laws2 the people1 having by  
their constitution reserved the right to
 displace them1 may do so by electing   
others in their stead4  ,sec4#h4 ,in an 
absolute monarchy the people have no    
political rights--the right to establish
 a form of government for themselves1   
and the right to elect those who are to 
make and administer the laws4 ,the      
monarch has entire control over his     
subjects4 ,he can take their lives and  
property when he pleases4 ,his will is  
their law2 and he has at command a large
 force of armed men to keep his people  
in subjection4  ,sec4#i4 ,in a limited  
monarchy1 the people have some political
 rights4 ,such a monarchy is ,great     
,britain4 ,the king or sovereign is in a
 measure restrained by laws2 and he can 
not make laws alone4 ,the laws are      
framed and agreed to by parliament1 and 
must be approved by the king or queen4  
,parliament consists of two bodies of   

men1 the house of lords and the house of
 commons4 ,the members of the latter are
 elected by the people1 who1 in such    
election1 exercise a political right4   
,sec4#aj4 ,but the political right of   
establishing a constitution or form of  
government1 is not enjoyed by the people
 of that country4 ,they have no written 
instrument1 like ours1 called           
constitution1 adopted by the people4    
,what is there called the constitution1 
is the aggregate or sum of laws1        
principles1 and customs1 which have been
 formed in the course of centuries4     
,there is therefore no restraint upon   
the power of parliament2 hence no law   
which may be enacted is contrary to the 
constitution2 and the people have not   
the same security against the enactment 
of unjust laws as the people of the     
,united ,states4     ,chapter ,,vi4     
,qualifications of ,electors2 or1 by    
whom ,political ,power is exercised in  
the ,states of this ,union4    ,sec4#a4 
,one of the first provisions usually    

inserted in a constitution of a free    
state1 is that which declares who shall 
be allowed to take a part in the        
government2 that is1 to whom the        
political power shall be intrusted4 ,as 
this power is exercised by voting at    
elections1 the constitution very        
properly prescribes the qualifications  
of electors1 or1 in other words1        
declares what shall be necessary to     
entitle a man to the right of voting1 or
 the right of suffrage4 ,when1          
therefore1 we speak of the people       
politically1 we mean those only who are 
qualified electors4  ,sec4#b4 ,to be    
competent to exercise the right of      
suffrage1 a person must be a freeman1   
or1 as we sometimes say1 he should be   
his own master4 ,while under the control
 of a parent or guardian1 he might be   
constrained to act contrary to his own  
judgment4 ,all our state constitutions1 
therefore1 give this right only to free 
male citizens of the age of twenty-one  
years and upwards2 twenty-one years     

being the age at which young men become 
free to act for themselves4  ,sec4#c4   
,but even if this freedom were obtained 
at an earlier age1 it would not be      
expedient to bestow this right upon     
persons so young4 ,they have not the    
necessary knowledge and judgment to act 
with discretion4 ,some are competent at 
an earlier age2 but a constitution can  
make no distinction between citizens4   
,it has therefore1 in accordance with   
the general opinion1 fixed the time at  
the age of twenty-one1 when men shall be
 deemed capable of exercising the rights
 and performing the duties of freemen4  
,sec4#d4 ,that a man may vote           
understandingly1 he must have resided   
long enough in the state to have become 
acquainted with its government and laws1
 and to have learned the character and  
qualifications of the persons for whom  
he votes4 ,state constitutions therefore
 require1 that electors shall have      
resided in the state for a specified    
period of time1 varying1 however1 in the

 different states from three months to  
two years4 ,in most of the states1 they 
must also have resided for some months  
in the county or district1 and be       
residents of the town in which they     
offer to vote4  ,sec4#e4 ,but in giving 
the right of suffrage to all free male  
citizens twenty-one years of age1 it is 
not given to every man1 because all men 
of that age are not citizens4 ,persons  
born in foreign countries and residing  
here are aliens1 and are not entitled to
 the political rights of persons born in
 this country4 ,they are presumed to    
have too little knowledge of our        
government1 and to feel too little      
interest in public affairs1 on their    
first coming hither1 to be duly         
qualified for the exercise of political 
power4 ,laws1 however1 have been enacted
 for naturalizing aliens after they     
shall have resided here long enough to  
become acquainted with and attached to  
our government4 ,by naturalization they 
become citizens1 entitled to all the    

privileges of native or natural born    
citizens1 7,chap4 ,,xxxiv1 ,sec4#c1 #d47
  ,sec4#f4 ,the constitutions of most of
 the states confer the rights of an     
elector on white male citizens only4    
,maine1 ,new ,hampshire1 ,vermont1      
,massachusetts1 and ,rhode ,island1 are 
the only states in which colored men    
have the same electoral rights as white 
citizens4 ,in ,new ,york1 men of color  
owning a freehold estate 7an estate in  
lands7 of the value of #bej1 are        
qualified voters4  ,sec4#g4 ,it is      
provided also in state constitutions1   
that electors committing infamous crimes
 are disfranchised4 ,franchise is a     
right or privilege enjoyed by the       
citizens of a state4 ,hence the right of
 voting at elections is called the      
elective franchise2 and an elector1 when
 deprived of this privilege1 is         
disfranchised4 ,an infamous crime is one
 which is punishable by imprisonment in 
a state prison4 ,men guilty of high     
crimes are deemed unfit to be intrusted 

with so important a duty as that of     
electing the persons who are to make and
 execute the laws of the state4 ,it is  
provided1 however1 that if such persons 
are pardoned before the expiration of   
the term for which they were sentenced  
to be imprisoned1 their forfeited rights
 are restored4  ,sec4#h4 ,by the        
earliest constitutions of many of the   
old states1 electors were required to   
own property1 or to have paid rents or  
taxes1 to a certain amount4 ,in the     
election of the higher officers1        
freeholders only were entitled to vote4 
,a freeholder is an owner of real       
estate1 7property in lands17 which he   
holds in his own right1 and may transmit
 to his heirs4 ,in the constitutions of 
the newer states1 property has not been 
made a qualification of an elector2 and 
in the amended constitutions of the old 
states this restriction upon the        
elective franchise has been removed1    
until it has nearly ceased to exist in  
the ,united ,states4 ,it is now enjoyed 

by all white male freemen1 with few     
exceptions1 in almost every state of the
 ,union4     ,chapter ,,vii4            
,elections4    ,sec4#a4 ,for the        
convenient exercise of political power1 
as well as for the purposes of          
government generally1 the territory of a
 state is divided into districts of     
small extent4 ,it has been remarked1    
that the people of a state1 being too   
numerous to meet in one assembly to make
 laws and transact the public business1 
elect a small number to represent them4 
,but to elect these representatives and 
other officers1 and to adopt the        
constitution1 or fundamental law of the 
state1 are political duties1 which must 
be performed by the people in person1   
and in a collective capacity4 ,hence the
 necessity of small territorial         
divisions1 in which the people may      
assemble for political purposes4        
,sec4#b4 ,a state is divided into       
counties1 and these are divided into    
towns or townships4 ,the people of every

 county and every town have power to    
manage their local concerns4 ,the       
corporate powers of counties and towns1 
and the election and the powers and     
duties of county and town officers1 will
 be given in subsequent chapters4       
,sec4#c4 ,the electors of the state meet
 every year in their respective towns   
for the election of officers4 ,meetings 
for electing town officers are1 in a    
majority of the states1 held in the     
earlier part of the year4 ,most officers
 elected by the people1 other than town 
officers1 are chosen at the general     
state election1 which1 in most of the   
states1 is held in ,october or          
,november4  ,sec4#d4 ,elections are     
conducted by persons designated by law1 
or chosen by the electors of the town   
for that purpose4 ,it is their duty to  
preserve order1 and to see that the     
business is properly done4 ,they are    
usually called judges of elections1 or  
inspectors of elections4 ,persons also1 
7usually two17 serve as clerks4 ,each   

clerk keeps a list of the names of the  
persons voting1 which is called a       
poll-list4 ,poll1 which is said to be a 
,saxon word1 signifies head1 and has    
come to mean person4 ,thus1 so much a   
head means so much for every person ,by 
a further change it has been made to    
signify an election1 because the persons
 there voting are numbered4 ,hence1     
going to the polls has obtained the same
 meaning as going to an election4       
,sec4#e4 ,when the inspectors are ready 
to receive votes1 one of them makes it  
known by proclaiming with a loud voice1 
that the polls are now open4 ,the       
inspectors receive from each voter a    
ballot1 which is a piece of paper       
containing the names of the persons     
voted for1 and the title of the office  
to which each of them is to be elected4 
,ballot1 from the ,french1 means a      
little ball1 and is used in voting4     
,ballots are of different colors2 those 
of one color signifying an affirmative  
vote1 or yes2 those of another color a  

negative vote1 or no4 ,from this has    
come the application of the word ballot 
to the written or printed ticket now    
used in voting4  ,sec4#f4 ,if no        
objection is made to an elector's       
voting1 the ballot is put into the box1 
and the clerks enter his name on the    
poll-list4 ,if the inspectors suspect   
that a person offering to vote is not a 
qualified elector1 they may question him
 upon his oath in respect to his        
qualifications as to age1 the term of   
his residence in the state and county1  
and citizenship4 ,any bystander also may
 question his right to vote4 ,this is   
called challenging4 ,a person thus      
challenged is not allowed to vote until 
the challenge is withdrawn1 or his      
qualifications are either proved by the 
testimony of other persons1 or sworn to 
by himself4  ,sec4#g4 ,in a few states1 
the voters are registered4 ,a list is   
kept of the names of all who have1 upon 
examination1 been ascertained to be     
qualified electors2 and those only whose

 names are on the register are allowed  
to vote4 ,thus many interruptions to    
voting by the examination of voters at  
the polls1 and much illegal voting1 are 
prevented4 ,voters in some states are   
also required to take what is called the
 elector's oath1 in which they promise  
to be true and faithful to the state and
 its government1 and to the constitution
 of the ,united ,states2 and to give    
their votes as they shall judge will    
conduce to the best good of the same4   
,sec4#h4 ,after the polls are closed1   
the box is opened1 and the ballots are  
counted4 ,if the number of ballots      
agrees with the number of names on the  
poll-lists1 it is presumed no mistake   
has been made1 either in voting or in   
keeping the lists4 ,if the election is  
one for the choosing of town officers1  
it is there determined who are elected1 
and their election is publicly declared4
  ,sec4#i4 ,the election of county and  
state officers can not be determined by 
the town canvassers4 ,a statement of the

 votes given in each town for the       
persons voted for1 is sent to the county
 canvassers1 who1 from the returns of   
votes from all the towns1 determine and 
declare the election of the officers    
chosen for the county4 ,to determine the
 election of state officers1 and of such
 others as are elected for districts    
comprising more than one county1 a      
statement of the votes given for the    
several candidates1 is sent by the      
several boards of county canvassers to  
the state canvassers1 who1 from the     
returns of votes from the several       
counties1 determine the election of the 
state officers4  ,sec4#aj4 ,in a few    
states1 voting at elections is done viva
 voce4 ,these words mean by word of     
mouth4 ,in voting in this manner1 the   
elector speaks the name of the person   
for whom he votes4  ,sec4#aa4 ,in most  
of the states1 persons are elected by a 
plurality of votes4 ,an election by     
plurality is when the person elected has
 received a higher number of votes than 

any other1 though such number be less   
than a majority of all the votes given4 
,suppose1 for example1 three candidates 
receive #ajjj votes3 ,one receives #dej2
 another1 #cjj2 the third1 #bej votes4  
,the first1 having the highest number1  
though not a majority1 is elected4 ,in  
the ,new ,england1 or eastern states1 a 
majority1 that is1 more than one-half of
 all the votes given1 is necessary to   
the election of many of the higher      
officers4 ,the least number of votes out
 of #ajjj1 by which a person can be     
elected by this rule1 is #eja4          
,sec4#ab4 ,either of these modes is     
liable to objection4 ,when a simple     
plurality effects an election1 #a1jjj   
votes may be so divided upon three      
candidates as to elect one by #ccd      
votes2 or of four candidates1 one may be
 elected by #bea votes1 and against the 
wishes of nearly three-fourths of the   
electors4 ,an objection to the other    
mode is1 that if no person receives a   
majority of all the votes1 another      

election must be held4 ,numerous trials 
have1 in some instances1 been necessary 
to effect a choice2 and the people of a 
district have remained for a time       
without a representative in the state or
 national legislature4     ,chapter     
,,viii4  ,division of the ,powers of    
,government4    ,sec4#a4 ,having shown  
the nature of a constitution and the    
manner in which it is made and adopted1 
it will next be shown how the powers of 
government under a state constitution   
are divided4 ,as the excellence of a    
form of government consists much in a   
proper separation and distribution of   
power1 this subject deserves special    
attention4  ,sec4#b4 ,we notice first   
the separation of the political and     
civil powers4 ,the words political and  
civil are often used as having the same 
meaning4 ,thus1 speaking of the system  
of government and laws of a country1 we 
use the general term1 political         
institutions1 or civil institutions2    
either of which is deemed correct4 ,but 

these words have also a particular      
signification1 as has already been shown
 in the distinction made in preceding   
chapters between political rights and   
civil rights1 and between the political 
law and the municipal or civil laws4    
7,chap4 ,,ii1 and ,,iii47 ,hence it     
appears1 that what we mean by political 
power is the power exercised by the     
people in their political capacity1 in  
adopting their constitution and electing
 the officers of the government2 and    
that1 by the civil power is meant the   
power exercised by these officers in    
administering the government4  ,sec4#c4 
,in an absolute government1 no such     
distinction exists2 all power is        
centered in the supreme ruler4 ,there is
 no political law binding on him4 ,being
 himself restrained by no positive laws 
or regulations that have been adopted by
 the people1 or that may be altered by  
them1 the people have no political      
rights4 ,in a mixed government1 or      
limited monarchy1 political power is    

exercised to some extent4 ,although     
there is no written constitution adopted
 by the people1 as in a republic1 the   
members of one branch of the law-making 
power are elected by the people4 ,in    
such election they are said to exercise 
political power4  ,sec4#d4 ,we notice   
next the division of the civil power4   
,this power1 in well constructed        
governments1 is divided into three      
departments1 the legislative1 the       
executive1 and the judicial4 ,the       
legislative department is that by which 
the laws of the state are made4 ,the    
legislature is composed of two bodies1  
the members of which are elected by the 
people4 ,in limited monarchies where one
 branch of the legislature is elective1 
the other is an aristocratic body1      
composed of men of wealth and dignity1  
as the ,british house of lords4         
,sec4#e4 ,the executive department is   
intrusted with the power of executing1  
or carrying into effect1 the laws of the
 state4 ,there is in this department a  

governor1 assisted by a number of other 
officers1 some of whom are elected by   
the people2 others are appointed in such
 manner as the constitution or laws     
prescribe4 ,the powers and duties of the
 governor of a state will be more       
particularly described in another place4
  ,sec4#f4 ,the judicial department is  
that by which justice is administered to
 the citizens4 ,it embraces the several 
courts of the state4 ,all judges and    
justices of the peace are judicial      
officers2 and they have power1 and it is
 their business to judge of and apply   
the law in cases brought before them for
 trial4 ,a more particular description  
of the powers and duties of judicial    
officers1 and the manner of conducting  
trials in courts of justice1 will be    
given elsewhere4 7,chap4 ,,xvii-,,xx47  
,sec4#g4 ,experience has shown the      
propriety of dividing the civil power   
into these three departments1 and of    
confining the officers of each          
department to the powers and duties     

belonging to the same4 ,those who make  
the laws should not exercise the power  
of executing them2 nor should they who  
either make or execute the laws sit in  
judgment over those who are brought     
before them for trial4 ,a government in 
which the different powers of making1   
executing1 and applying the laws should 
be united in a single body of men1      
however numerous1 would be little better
 than an absolute despotism4  ,sec4#h4  
,again1 the legislative department of   
the civil power is divided4 ,under all  
our state constitutions1 the legislature
 consists of two branches1 both of which
 must agree to a proposed measure before
 it becomes a law2 and in many of the   
states1 it must also be approved by the 
governor4 ,this is making the chief     
executive officer a third branch of the 
law-making power2 and is not in         
accordance with the principle of keeping
 the several departments of the civil   
power separate and distinct from each   
other4 ,the reason for this departure   

from the general principle mentioned1   
will be stated in another chapter4      
7,chap4 ,,xi4 ,sec4#af47     ,chapter   
,,ix4  ,state ,legislatures--how        
constituted4    ,sec4#a4 ,the           
legislature of every state in the union 
is composed of two houses--a senate and 
a house of representatives4 ,the latter1
 or1 as it is sometimes called1 the     
lower house1 in the states of ,new      
,york1 ,wisconsin1 and ,california1 is  
called the assembly2 in ,maryland and   
,virginia1 the house of delegates2 in   
,north ,carolina1 the house of commons2 
and in ,new ,jersey1 the general        
assembly4 ,in most of the states1 the   
two houses together are called general  
assembly4  ,sec4#b4 ,the senate1 as well
 as the other house1 is a representative
 body2 its members being elected by the 
people to represent them4 ,why1 then1 is
 only one of the two branches called the
 house of representatives8 ,perhaps for 
this reason3 ,under the governments of  
the colonies1 while yet subject to      

,great ,britian1 there was but one      
representative assembly4 ,the other     
branch of the legislature was called a  
council1 consisting of a small number of
 men who were appointed by the king4    
,after the colonies became free and     
independent states1 a senate was        
substituted for the old council1 and    
although it is an elective body1 the    
other house1 being much more numerous1  
is called1 by way of distinction1 the   
house of representatives4  ,sec4#c4     
,senators are chosen annually in the six
 ,new ,england states1 namely1 ,maine1  
,new ,hampshire1 ,vermont1              
,massachusetts1 ,rhode ,island1 and     
,connecticut4 ,in the other states they 
are elected for terms of two1 three1 or 
four years4 ,in most of the states in   
which senators are elected for longer   
terms than one year1 they are not all   
elected at the same time4 ,they are     
divided into classes2 and those of one  
class go out of office one year1 and    
those of another class another year2 so 

that only a part of the senators are    
elected every year1 or every two1 or    
three1 or four years4  ,sec4#d4 ,the    
senate1 as distinguished from the house 
of representatives1 is sometimes called 
the upper house4 ,it was designed to be 
a more select body1 composed of men     
chosen with reference to their superior 
ability1 or their greater experience in 
public affairs4  ,sec4#e4 ,senators are 
differently apportioned in different    
states4 ,in some states they are        
apportioned among the several counties1 
so that the number to be elected in each
 county shall be in proportion to the   
number of its inhabitants4 ,in others   
they are elected by districts1 equal in 
number to the number of senators to be  
chosen in the state1 and a senator is   
elected in each district4 ,the districts
 are to contain1 as nearly as may be1 an
 equal number of inhabitants2 and       
sometimes they comprise several         
counties4  ,sec4#f4 ,representatives are
 apportioned among the counties in      

proportion to the population in each4   
,in some states they are elected in     
districts of equal population1 counties 
being sometimes divided in the formation
 of districts4 ,in the ,new ,england    
states1 representatives are apportioned 
among the towns4 ,in about one-half of  
the states1 they are elected annually2  
in the others1 7including-most of the   
southern and western states17 they are  
elected every two years4  ,sec4#g4 ,the 
different modes of apportioning members 
of the legislature have in view the same
 object--equal representation2 that is1 
giving a member to the same number of   
inhabitants in one county or district as
 to an equal number in another4 ,but in 
some counties the population increases  
more rapidly than in others4 ,the       
representation then becomes unequal1    
being no longer in proportion to        
population4  ,sec4#h4 ,in order to keep 
the representation throughout the state 
as nearly equal as possible2 in other   
words1 to secure to the people of every 

county or district their just proportion
 of the representatives1 the            
constitution requires that1 at stated   
times1 the people of the state shall be 
numbered1 and a new apportionment of    
senators and representatives be made    
among the several counties according to 
the number of inhabitants in each       
county2 or if the state is one in which 
members of the legislature are chosen in
 districts1 a new division of the state 
is made into districts4  ,sec4#i4 ,but  
the periods of time between the         
enumerations of the people1 are not the 
same in all the states4 ,in some states 
the enumerations are made every ten     
years2 in others1 shorter periods have  
been fixed1 from eight down to four     
years4 ,this enumeration or numbering of
 the people is called taking the census4
 ,census is from the ,latin1 and was    
used by the ancient ,romans to signify a
 declaration or statement made before   
the censors by the citizens1 containing 
an enumeration or register of           

themselves1 their wives1 children1      
servants1 and their property and its    
valuation4 ,in the ,united ,states1     
although the census sometimes includes a
 similar register1 the word usually     
means simply an enumeration of the      
people4  ,sec4#aj4 ,the constitution    
also prescribes the qualifications of   
senators and representatives4 ,if1 as   
qualifications for an elector1 full age1
 citizenship1 and a considerable term of
 residence in the state and county1 are 
properly required1 as we have seen1     
7,chap4 ,,vi4 ,sec4#b-e17 they must be  
at least equally necessary for those who
 make the laws4 ,in no state1 therefore1
 are any but qualified electors eligible
 to the office of senator or            
representative4 ,in some states1 greater
 age and longer residence are required2 
and in some1 the age and term of        
residence have been still further       
increased in the case of senators4 ,the 
property qualification formerly         
necessary for members of the            

legislature1 as well as for voters1 has 
been almost entirely abolished4 7,chap4 
,,vi4 ,sec4#h47  ,sec4#aa4 ,if a member 
of the legislature dies1 or resigns his 
office before the expiration of the term
 for which he was chosen1 the vacancy is
 filled by the election of another      
person at the next general election1 or 
at a special election called for that   
purpose1 or in such other manner as the 
constitution may provide4 ,but a person 
chosen to fill a vacancy1 holds the     
office only for the remainder of the    
term of him whose place he was chosen to
 supply4     ,chapter ,x4  ,meetings and
 ,organization of the ,legislature4     
,sec4#a4 ,the legislature meets as often
 as the constitution requires1 to enact 
such laws as may be necessary to promote
 the public welfare1 and to perform such
 other duties as are assigned to it by  
the constitution and the laws4 ,in about
 half of the states1 sessions are held  
annually2 in the others biennially1 or  
once in two years4 ,a legislative       

session includes the daily meetings of a
 legislature from the time of its first 
assembling1 to the day of final         
adjournment4 ,thus we say the session   
commenced in ,january and ended in      
,march4 ,the word session has reference 
also to a single sitting1 from the hour 
at which the members assemble on any    
day1 to the time of adjournment on the  
same day4 ,thus we say1 the legislature 
holds a daily session of four hours2 or1
 it holds two sessions a day1 as the    
case may be4  ,sec4#b4 ,meetings of the 
legislature are held at a place         
permanently fixed by the constitution2  
at which place the principal state      
officers keep their offices4 ,hence it  
is called the seat of government1 or    
perhaps more frequently1 the capital of 
the state4 ,capital is from the ,latin  
caput1 the head1 and has come to mean   
chief1 or the highest4 ,a capital city  
is therefore the chief city of a state  
or kingdom4 ,but the word capital1      
applied to a city1 now generally        

indicates the seat of government4       
,sec4#c4 ,when the two houses have      
assembled in their respective chambers1 
some person designated for that purpose 
administers to the members of each house
 the oath of office1 in which they      
solemnly swear 7or affirm17 that they   
will support the constitution of the    
,united ,states1 and the constitution of
 the state1 and faithfully discharge the
 duties of their office4  ,sec4#d4 ,each
 house then proceeds to organize for    
business1 by appointing proper officers1
 and determining the right of members to
 seats in the house4 ,in organizing a   
legislative body1 the first thing done  
is the election of a presiding officer1 
or chairman1 who is usually called      
speaker4 ,the lieutenant-governor1 in   
states in which there is one1 presides  
in the senate1 and is called president  
of the senate4 ,in the absence of the   
presiding officer1 a temporary speaker  
or president is chosen1 who is called   
speaker or president pro tempore1       

commonly abbreviated1 pro tem41 which is
 a ,latin phrase1 meaning for the time4 
,sec4#e4 ,the duty of the person        
presiding is to keep order1 and to see  
that the business of the house is       
conducted according to certain          
established rules4 ,when a vote is to be
 taken1 he puts the question1 which is  
done by requesting all who are in favor 
of a proposed measure1 to say aye1 and  
those opposed to say no4 ,and1 when a   
vote has been taken1 he declares the    
question to be carried or lost4 ,this   
part of a speaker's business is similar 
to that of the chairman of an ordinary  
public meeting4  ,sec4#f4 ,the other    
officers chosen by each house are1 a    
clerk to keep a record or journal of its
 proceedings2 to take charge of papers1 
and to read such as are to be read to   
the house2 and to do such other things  
as may be required of him2 a            
sergeant-at-arms1 to arrest members and 
other persons guilty of disorderly      
conduct1 to compel the attendance of    

absent members1 and to do other business
 of a like nature3 also one or more     
door-keepers4 ,the officers mentioned in
 this section are not chosen from the   
members of the house4  ,sec4#g4 ,the    
constitution does not prescribe to      
either house the order of business1 or  
the particular manner in which it shall 
be done2 but authorizes each house to   
determine for itself the rules of its   
proceedings4 ,but there are sundry      
things which it expressly enjoins4 ,it  
determines what portion of the members  
shall constitute a quorum to do         
business4 ,quorum is the ,latin of the  
,english words1 of whom1 and has        
strangely come to signify the number or 
portion of any body of men who have     
power to act for the whole4 ,thus with  
reference to a legislative body         
consisting of a certain number of       
members1 instead of saying1 ,a majority 
quorum shall have power to act2 or1 ,a  
majority of whom shall have power to    
act1 our constitutions generally say1 ,a

 majority shall constitute a quorum to  
do business4 ,in some states1 more than 
a bare majority is required for a       
quorum4  ,sec4#h4 ,constitutions        
generally require also that the         
proceedings of legislative bodies shall 
be open to public inspection4 ,the doors
 may be closed against spectators only  
when the public good shall require      
secrecy4 ,and that the people may be    
fully informed of what is done1 each    
house is required to keep and publish a 
journal of its proceedings4  ,sec4#i4   
,provision is also made1 either by the  
constitution or by laws against injury  
or interruption to the business of the  
legislature4 ,members may not1 by any   
prosecution at law1 except for crimes   
and misdemeanors1 be hindered during    
their attendance at the sessions of the 
legislature1 nor in going to or         
returning from the same4 ,each house may
 compel the attendance of absent        
members4 ,it may for good cause expel a 
member1 and punish1 not only its members

 and officers1 but other persons1 for   
disorderly conduct1 or for obstructing  
its proceedings4     ,chapter ,,xi4     
,manner of ,enacting ,laws4    ,sec4#a4 
,when the two houses are duly organized 
and ready for business1 the governor    
sends to both houses a written          
communication called message1 in which1 
as the constitution requires1 he gives  
to the legislature information of the   
condition of the affairs of the state1  
and recommends such measures as he      
judges necessary and expedient4 ,the    
message is read to each house by its    
clerk4  ,sec4#b4 ,but the measures to   
which the governor calls the attention  
of the legislature1 are but a small     
portion of those which are considered   
and acted upon4 ,many are introduced by 
individual members4 ,others are brought 
into notice by the petitions of the     
people in different parts of the state4 
,petition generally signifies a request 
or prayer4 ,as here used1 it means a    
written request to the legislature for  

some favor--generally for a law granting
 some benefit or relief to the          
petitioners4 ,petitions are sent to     
members1 usually to those who represent 
the counties or districts in which the  
petitioners live1 and are by these      
members presented to the house4         
,sec4#c4 ,now it is evident1 that a     
proper consideration of the numerous    
subjects pressed upon the attention of  
the legislature--some of them of very   
great importance--must require much     
labor4 ,if the necessary investigation  
of so many subjects should occupy the   
time of the whole house1 there would not
 be time enough to act upon one-half of 
them4 ,therefore1 in order to dispatch  
business1 the labor of the house must be
 divided1 that the investigation of all 
the different subjects may be going on  
at the same time4  ,sec4#d4 ,hence      
arises the practice which prevails in   
all legislative bodies1 of the          
appointment of committees4 ,as soon as  
may be1 after a house is organized1     

committees are appointed on all subjects
 usually acted on in the legislature4 ,a
 legislative committee is generally     
composed of three1 five1 or seven       
members1 who examine the subjects       
referred to them1 and report the result 
of their examination to the house4      
,committees are appointed by the        
presiding officer of each house4        
,occasionally1 though very rarely1 they 
are elected by the house itself4        
,sec4#e4 ,some or all of the following  
committees are appointed in every       
legislature3 a committee on finance1 or 
the funds1 income1 and other money      
matters of the state1 sometimes called  
the committee of ways and means2 a      
committee on agriculture2 a committee on
 manufactures2 committees on the        
incorporation of cities and villages2 on
 banks and insurance companies2 on      
railroads2 on canals2 on education2 on  
elections2 on public printing1 besides  
many others4 ,so numerous are these     
subjects1 that in constituting the      

committees1 every member may be put on  
some committee4  ,sec4#f4 ,all matters  
relating to these subjects of a general 
nature1 which arise during the session1 
are referred to their appropriate       
committees4 ,thus1 a question or        
proposition relating to banks1 is       
referred to the committee on banks2     
matters relating to rail-roads1 are     
referred to the committee on rail-roads2
 those relating to schools1 are referred
 to the committee on education1 c4 ,as  
these committees continue during the    
session1 they are called standing       
committees4 ,when a question arises     
having no relation to any subject on    
which there is a standing committee1 it 
is usually referred to a special or     
select committee appointed to consider  
this particular matter4  ,sec4#g4       
,committees meet in private rooms1      
during hours when the house is not in   
session2 and any person wishing to be   
heard in favor of or against a proposed 
measure1 may appear before the committee

 having it in charge4 ,having duly      
considered the subject1 the committee   
reports to the house the information it 
has obtained1 with the opinion whether  
the measure ought or ought not to become
 a law4 ,measures reported against by   
committees1 seldom receive any further  
notice from the house4  ,sec4#h4 ,from  
what has been said1 the utility of      
committees is readily seen4 ,although no
 proposed measure can become a law      
unless acted on and approved by the two 
houses1 its necessity may be inquired   
into1 and the information necessary to  
enable the house to act understandingly 
upon the question1 may be obtained1 as  
well by a few members as by the whole   
house4 ,by the daily examination of so  
many subjects in committee1 a large     
amount of business is soon prepared for 
the house to act upon1 and much of its  
time is saved4  ,sec4#i4 ,if a committee
 reports favorably upon a subject1 it   
usually brings in a bill with its       
report4 ,a bill is the form or draft of 

a law4 ,not all bills1 however1 are     
reported by committees4 ,any member of  
the house desiring the passage of a law1
 may give notice that he will1 on some  
future day1 ask leave of the house to   
introduce a bill for that purpose2 and  
if1 at the time specified1 the house    
shall grant leave1 he may introduce the 
bill4 ,but at least one day's previous  
notice must be given of his intention to
 ask leave1 before it can be granted4   
,sec4#aj4 ,the different steps in the   
progress of a bill1 or the different    
forms of action through which it has to 
pass1 are numerous4 ,a minute           
description of them in a work designed  
chiefly for youth1 will scarcely be     
expected4 ,a thorough knowledge of the  
proceedings of legislative assemblies1  
can be practically beneficial1 in after 
life1 to but few of those who shall     
study this elementary treatise4 ,those  
who shall hereafter have occasion for   
this knowledge1 will find works adapted 
to a more mature age1 in which the      

subject is fully treated4  ,sec4#aa4 ,a 
bill1 before it is passed1 must be read 
three times2 but it may not be read     
twice on any one day without unanimous  
consent1 that is1 the consent of the    
whole house2 or1 as is believed to be   
the rule in some bodies1 the consent of 
three-fourths1 or two-thirds of the     
house4 ,in some legislatures1 the rule  
allows the first and second readings to 
be on the same day4 ,a bill is not to be
 amended until it shall have been twice 
read4 ,nor is it usual for it to be     
opposed until then2 but it may be       
opposed and rejected at the first       
reading4  ,sec4#ab4 ,after a bill has   
been twice read1 and fully debated and  
amended1 it is proposed to be read on a 
future day the third time4 ,if the      
question on ordering the bill to a third
 reading is not carried1 the bill is    
lost1 unless revived by a vote of the   
house to reconsider4 ,but if the        
question to read the third time is      
carried1 the bill is accordingly read on

 a future day1 and the question taken on
 its final passage4  ,sec4#ac4 ,when the
 final vote is to be taken1 the speaker 
puts the question3 ,shall the bill pass8
 ,if a majority of the members present  
vote in the affirmative1 7the speaker   
also voting17 the bill is passed2 if a  
majority vote in the negative1 the bill 
is lost4 ,also if the ayes and noes are 
equal1 it is lost1 because there is not 
a majority in its favor4 ,in a senate   
where a lieutenant-governor presides1   
not being properly a member1 he does not
 vote1 except when the ayes and noes are
 equal2 in which case there is said to  
be a tie2 and he determines the question
 by his vote1 which is called the       
casting vote4 ,in some states1 on the   
final passage of a bill1 a bare majority
 of the members present is not          
sufficient to pass it1 in case any      
members are absent4 ,the constitutions  
of those states require the votes of a  
majority of all the members elected to  
each house4  ,sec4#ad4 ,when a bill has 

passed one house it is sent to the      
other1 where it must pass through the   
same forms of action2 that is1 it must  
be referred to a committee2 reported by 
the committee to the house2 and be read 
three times before a vote is taken on   
its passage4 ,this vote having been     
taken1 the bill is returned to the house
 from which it was received4 ,if it has 
been amended1 the amendments must be    
agreed to by the first house1 or the    
second must recede from their           
amendments1 or the amendments must be so
 modified as to secure the approval of  
both houses1 before the bill can become 
a law4  ,sec4#ae4 ,some young reader may
 inquire why a bill should take so long 
and slow a course through two different 
houses2 and why one body of             
representatives is not sufficient4 ,the 
object is to secure the enactment of    
good laws4 ,notwithstanding bills go    
through the hands of a committee and    
three different readings in the house2  
yet through undue haste1 wrong          

information1 or from other causes1 a    
house may1 and often does1 commit       
serious errors4 ,legislatures are       
therefore divided into two branches2 and
 a bill having passed one house is sent 
to the other where the mistakes of the  
former may be corrected1 or the bill    
wholly rejected4  ,sec4#af4 ,but in many
 of the states1 a bill1 when passed by  
both houses1 is not yet a law4 ,as the  
two houses may concur in adopting an    
unwise measure1 an additional safeguard 
is provided against the enactment of bad
 laws1 by requiring all bills to be sent
 to the governor for examination and    
approval4 ,if he approves a bill1 he    
signs it1 and it is a law2 if he does   
not sign it1 it is not a law4 ,in       
refusing to sign a bill1 he is said to  
negative1 or veto the bill4 ,veto1      
,latin1 means1 ,i forbid4  ,sec4#ag4    
,but no governor has full power to      
prevent the passage of a law4 ,if he    
does not approve a bill1 he must return 
it to the house in which it originated1 

stating his objections to it2 and if it 
shall be again passed by both houses1 it
 will be a law without the governor's   
assent ,but in such cases greater       
majorities are generally required to    
pass a law4 ,in some states1 a majority 
of two-thirds of the members present is 
necessary2 in others1 a majority of all 
the members elected4 ,in a few states1  
only the same majorities are required to
 pass a bill against the veto as in the 
first instance4 ,or if the governor does
 not return a bill within a certain     
number of days1 it becomes a law without
 his signature1 or without being        
considered a second time4 ,in some      
states1 bills are not sent to the       
governor1 but are laws when passed by   
both houses and signed by their         
presiding officers4     ,chapter ,,xii4 
,executive ,department4 ,governor and   
,lieutenant-,governor4    ,sec4#a4 ,the 
chief executive power of a state is1 by 
the constitution1 vested in a governor4 
,the governor is chosen by the people at

 the general election2 in ,south        
,carolina by the legislature4 ,the term 
of office is not the same in all the    
states4 ,in the six ,new ,england       
states1 the governors are chosen        
annually2 in the other states1 for the  
different terms of two1 three1 and four 
years4  ,sec4#b4 ,the qualifications for
 the office of governor are also        
different in the different states4 ,to  
be eligible to the office of governor1 a
 person must have been for a certain    
number of years a citizen of the ,united
 ,states1 and for a term of years       
preceding his election a resident of the
 state4 ,he must also be above a certain
 age1 which1 in a majority of the       
states1 is at least thirty years2 and in
 some states he must be a freeholder4   
,sec4#c4 ,the powers and duties of a    
governor are numerous4 ,he communicates 
by message to the legislature1 at every 
session1 information of the condition of
 the state of its affairs generally1 and
 recommends such measures as he judges  

necessary and expedient4 ,he is to take 
care that the laws be faithfully        
executed1 and to transact all necessary 
business with the officers of the       
government4 ,he may convene the         
legislature on extraordinary occasions3 
that is1 if1 at a time when the         
legislature is not in session1 a matter 
should arise requiring immediate        
attention1 the governor may call a      
special meeting of the legislature1 or  
as it is usually termed1 an extra       
session4  ,sec4#d4 ,a governor has power
 to grant reprieves and pardons1 except 
in cases of impeachment1 and1 in some   
states1 of treason4 ,to reprieve is to  
postpone or delay for a time the        
execution of the sentence of death upon 
a criminal4 ,to pardon is to annul the  
sentence by forgiving the offense and   
releasing the offender4 ,a governor may 
also commute a sentence2 which is to    
exchange one penalty or punishment for  
another of less severity2 as1 when a    
person sentenced to suffer death1 is    

ordered to be imprisoned4  ,sec4#e4 ,the
 governor has power also1 in some of the
 states1 with the consent of the senate1
 to appoint the higher officers of the  
militia of the state1 and the higher    
civil officers in the executive and     
judicial departments4 ,in a few of the  
states1 there are executive councils    
whose advice and consent are required in
 such cases4 ,in making such            
appointments1 the governor nominates1   
that is1 he names to the senate1 in     
writing1 the persons to be appointed4   
,if a majority of the senators consent1 
the persons so nominated are appointed4 
,many other duties are by the           
constitution devolved upon the governor4
  ,sec4#f4 ,a lieutenant-governor has   
few duties to perform4 ,he presides in  
the senate1 in which he has only a      
casting vote4 ,in the state of ,new     
,york1 he serves in some of the boards  
of executive officers4 ,in nearly       
one-half of the states the office of    
lieutenant-governor does not exist4 ,the

 chief object of electing this officer  
seems to be to provide a suitable person
 to fill the vacancy in the office of   
governor in case the latter should die1 
resign1 be removed1 or otherwise become 
incompetent4  ,sec4#g4 ,when the        
lieutenant-governor acts as governor1   
the senate chooses from its own number a
 president4 ,if the offices of both the 
governor and lieutenant-governor should 
become vacant1 the president of the     
senate must act as governor4 ,if there  
should be neither a governor1 a         
lieutenant-governor1 nor a president or 
speaker of the senate1 then1 the speaker
 of the house of representatives would  
become the acting governor4 ,this is    
believed to be the rule for supplying   
vacancies in most if not all of the     
states4     ,chapter ,,xiii4  ,assistant
 ,executive ,state ,officers4           
,sec4#a4 ,among the executive officers  
who assist in the administration of the 
government1 there are in every state1   
some or all of the following3 a         

secretary of state1 a controller or     
auditor1 a treasurer1 an                
attorney-general1 a surveyor-general4   
,the mode of their appointment and the  
terms of their respective offices1 are  
prescribed by the constitution or by    
law4 ,in some states they are appointed 
by the governor and senate2 in others by
 the legislature2 and in others they are
 elected by the people4 ,they keep their
 offices at the seat of government of   
the state4  ,sec4#b4 ,the secretary of  
state keeps a record of the official    
acts and proceedings of the legislature 
and of the executive departments1 and   
has the care of the books1 records1     
deeds of the state1 parchments1 the laws
 enacted by the legislature1 and all    
other papers and documents required by  
law to be kept in his office4 ,he causes
 the laws passed by the legislature to  
be published in one or more newspapers1 
as directed by law2 and also to be      
printed and bound in a volume1 and      
distributed among the state officers for

 their use1 and among the county and    
town clerks1 to be kept in their offices
 for the use of the people who wish to  
examine the laws4 ,also one or more     
copies are exchanged with each of the   
other states for copies of their laws to
 be kept in the state library4 ,various 
other duties are performed by the       
secretary4  ,sec4#c4 ,the state auditor1
 in some states called controller1      
manages the financial concerns of the   
state2 that is1 the business relating to
 the money1 debts1 land and other       
property of the state4 ,he examines and 
adjusts accounts and claims against the 
state1 and superintends the collection  
of moneys due the state4 ,when money is 
to be paid out of the treasury1 he draws
 a warrant 7a written order17 on the    
treasurer for the money1 and keeps a    
regular account with the treasurer of   
all moneys received into and paid out of
 the treasury4 ,and he reports to the   
legislature or other proper officers1 a 
statement of the funds of the state1 and

 of its income and expenditures during  
each year4  ,sec4#d4 ,the treasurer has 
charge of all the public moneys that are
 paid into the treasury1 and pays out   
the same as directed by law2 and he     
keeps an accurate account of such       
moneys1 specifying the names of the     
persons from whom they are received1 to 
whom paid1 and for what purposes4 ,he   
also exhibits annually a statement of   
moneys received and paid out by him     
during the year1 and of the balance in  
the treasury4  ,sec4#e4 ,auditors1      
treasurers1 and other officers intrusted
 with the care and management of money  
or other property1 are generally        
required1 before they enter on the      
duties of their offices1 to give bonds1 
in sums of certain amount specified in  
the law1 with sufficient sureties1 for  
the faithful performance of their       
duties4 ,the sureties are persons who   
bind themselves to pay the state all    
damages arising from neglect of duty on 
the part of the officers1 not exceeding 

the sum mentioned in the bond4  ,sec4#f4
 ,the attorney-general is a person      
learned in the law1 appointed to act for
 the state in law-suits in which the    
state is a party4 ,he prosecutes persons
 indebted to the state1 and causes to be
 brought to trial persons charged with  
certain crimes4 ,he also gives his      
opinion on questions of law submitted to
 him by the governor1 the legislature1  
and the executive officers4 ,in some    
states there is no attorney-general4 ,in
 such states prosecutions in behalf of  
the state are conducted by the state's  
attorney for each county4  ,sec4#g4 ,the
 surveyor-general superintends the      
surveying of the lands belonging to the 
state4 ,he keeps in his office maps of  
the state1 describing the bounds of the 
counties and townships2 and when        
disputes arise respecting the           
boundaries1 he causes surveys to be     
made1 if necessary1 to ascertain such   
bounds4 ,he performs certain other      
duties of a similar nature4 ,in many of 

the states there is no surveyor-general1
 the duties of that office being done by
 a county surveyor in each county4      
,sec4#h4 ,there is also1 in many of the 
states1 a superintendent of schools1    
called in some states1 superintendent of
 public instruction1 whose principal    
duties are described in a subsequent    
chapter4 7,chap4 ,,xxii1 ,sec4#aj47     
,sec4#i4 ,there is also a printer to the
 state1 or state printer1 whose business
 it is to print the journal1 bills1     
reports1 and other papers and documents 
of the two houses of the legislature1   
and all the laws passed at each session4
 ,state printers are either chosen by   
the legislature1 or employed by persons 
authorized to make contracts for the    
public printing2 or the printing is let 
to the lowest bidder4  ,sec4#aj4 ,there 
are other officers employed by the      
state1 among whom are the following3 a  
state librarian1 who has charge of the  
state library1 consisting of books      
containing matter of a public nature1   

such as the laws of all the states1 and 
of the ,united ,states1 with a large    
collection of miscellaneous books2      
persons having the care of the public   
buildings and other property of the     
state2 superintendents of state prisons1
 lunatic asylums1 and other state       
institutions1 whose duties are indicated
 by their titles1 and need no particular
 description4     ,chapter ,,xiv4       
,counties ind ,county ,officers4 ,powers
 and ,duties of ,county ,officers4      
,sec4#a4 ,some of the purposes for which
 a state is divided into small districts
 have been mentioned4 7,chap4 ,,vii1    
,sec4#a47 ,there are other reasons1     
equally important1 for these territorial
 divisions4 ,laws for the whole state   
are made by the legislature2 but certain
 regulations may be necessary for the   
people in some parts of the state which 
are not needed in others1 and which the 
people of these places can better make  
for themselves4 ,it is the business of  
the governor and his assistant executive

 state officers to execute or carry into
 effect the laws of the state2 but they 
could not see this done in every place1 
or in every minute portion of the state4
 ,again1 for the convenience of those   
who may be obliged to go to law to      
obtain redress for injuries1 courts of  
justice must be established near the    
residence of every citizen4  ,sec4#b4   
,but in order to carry out these        
objects1 a state must be divided into   
small districts with fixed boundaries1  
that it may be known what persons come  
under certain regulations1 and over whom
 these local officers are to exercise   
authority4 ,the smallest territorial    
divisions of a state are called         
townships1 or towns1 which contain      
generally from twenty-five to one       
hundred square miles1 and which1 if in a
 square form1 would be from five to ten 
miles square4 ,but for certain purposes 
larger districts than townships have    
been found necessary4 ,these are formed 
by the union of several townships1 and  

are called counties4 ,these divisions   
are the same as those of ,england1 the  
country from which the colonies 7now    
states7 were chiefly settled4  ,sec4#c4 
,counties in ,england were formerly     
districts governed by counts or earls2  
from which comes the name of county4 ,a 
county was also called shire2 and an    
officer was appointed by the count or   
earl to perform certain acts in the     
principal town in the county1 which was 
called shire town1 and the officer was  
called shire-reeve1 or sheriff1 whose   
powers and duties were similar to those 
of the sheriff of a county in this      
country4 ,the shire town is that in     
which the court-house and other county  
buildings are situate1 and where the    
principal officers of the county        
transact their business4 ,in a few      
counties there are two towns in which   
the courts are held alternately4 ,hence 
each division is called a half-shire4   
,sec4#d4 ,counties and towns are bodies 
politic1 or bodies corporate4 ,corporate

 is from the ,latin1 corpus1 which means
 body4 ,a corporation1 or body politic1 
is an association of persons authorized 
by law to transact business under a     
common name1 and as a single person4    
,the laws of the state give such        
authority to the inhabitants of counties
 and towns4 ,the people of a town or    
county have power1 to some extent1 to   
manage their own internal affairs1 and  
to make rules and regulations for their 
government2 and they may buy1 hold1 and 
sell property1 and sue and be sued1 as  
an individual4 ,similar powers are given
 to rail-road1 banking1 insurance1 and  
other incorporated companies4 ,but there
 is in some respects a difference       
between these corporations and those    
which are created for purposes of       
government1 as states1 counties1 towns1 
cities1 and villages1 which will be     
noticed in another place4 7,chap4       
,,xvi47  ,sec4#e4 ,as a county possesses
 various corporate powers1 there must be
 among its officers some in whose name  

these powers are to be exercised4 ,in   
some states there is a board of county  
commissioners1 7usually three17 who     
exercise corporate powers4 ,in a few1   
these powers are exercised by and in the
 name of the board of supervisors1 which
 is composed of the supervisors of the  
several towns in the county1 of whom    
there is one supervisor in each town4   
,these boards1 or such officers in other
 states as exercise these powers1 have  
generally the power also to examine and 
settle the accounts against the county1 
and to make orders and contracts in     
relation to the building or repairing of
 the court-house1 jail1 and other county
 buildings2 and to perform such other   
acts as the laws require4  ,sec4#f4     
,there is in each county a treasurer to 
receive and pay out the moneys required 
to be collected and paid out in the     
county4 ,there is also1 in some states1 
a county auditor to examine and adjust  
the accounts and debts of the county1   
and to perform certain other duties4    

,the business of county treasurers and  
auditors in their respective counties1  
is of the same nature as that of state  
auditors and treasurers4 ,in states in  
which there is no county auditor1 the   
duties of auditor are performed by the  
treasurer1 and some other county officer
 or officers4  ,sec4#g4 ,there is also  
in each county a register or recorder1  
who records in books provided for that  
purpose1 all deeds1 mortgages1 and other
 instruments of writing required by law 
to be recorded4 ,in ,new ,york1 and     
perhaps in some other states1 the       
business of a register or recorder is   
done by a county clerk1 who is also     
clerk of the several courts held in the 
county1 and of certain boards of county 
officers4 ,in some states1 deeds1       
mortgages1 and other written            
instruments1 are recorded by the town   
clerks of the several towns4  ,sec4#h4  
,another county officer is a sheriff1   
whose duty it is to attend all the      
courts held in the county2 to execute   

all warrants1 writs1 and other process  
directed to him by the courts2 to       
apprehend persons charged with crime2   
and to take charge of the jail and of   
the prisoners therein4 ,it is his duty1 
also1 to preserve the public peace2 and 
he may cause all persons who break the  
public peace within his knowledge or    
view1 to give bonds1 with sureties1 for 
keeping the peace1 and for appearing at 
the next court to be held in the county1
 and to commit them to jail if they     
refuse to give such bonds4 ,a sheriff is
 assisted by deputies4  ,sec4#i4 ,there 
are in each county one or more coroners1
 whose principal duty is1 to inquire    
into the cause of the death of persons  
who have died by violence1 or suddenly1 
and by means unknown4 ,notice of the    
death of a person having so died is     
given to a coroner1 who goes to the     
place of such dead person4 ,a jury is   
summoned to attend the examination2     
witnesses are examined2 and the jury    
give their opinion in writing as to the 

cause and manner of the death4 ,such    
inquiry is called a coroner's inquest4  
,in one or two states1 the office of    
coroner1 it is believed1 does not exist2
 in which case the inquest is held by a 
justice of the peace1 or some other     
officer4  ,sec4#aj4 ,an attorney1       
elected or appointed for that purpose1  
attends all courts in which persons are 
tried in the county for crimes committed
 therein1 and conducts the prosecutions 
in the trial of the offenders4 ,in      
states where there is no                
attorney-general for the state1 the     
prosecuting attorney for each county    
serves in this capacity1 in trials in   
which the state is a party4 ,as all     
crimes and breaches of the peace are    
considered as committed against the     
state1 and prosecuted in its name1 this 
attorney is sometimes called state's    
attorney4  ,sec4#aa4 ,in some states    
there is a county-surveyor1 whose duties
 within his county are similar in their 
nature to those of a state              

surveyor-general4  ,sec4#ab4 ,county    
officers are generally elected by the   
people of the county4 ,some of them are1
 in some of the states1 appointed by    
some authority prescribed by the        
constitution or laws of the state4      
,chapter ,,xv4  ,towns and ,town        
,officers4 ,powers and ,duties of ,town 
,officers4    ,sec4#a4 ,the districts of
 territory into which counties are      
divided1 are1 in some states1 called    
towns4 ,in others they are called1 and  
perhaps more properly1 townships2 and   
the name of town is given to an         
incorporated village1 or a city4 ,we    
shall1 however1 in this work1 apply to  
these territorial divisions the shorter 
name of towns1 as they are called in    
most of the old states4  ,sec4#b4 ,the  
electors of the several towns meet once 
a year for the election of town         
officers1 and for certain other business
 purposes4 ,the electors of a town have 
power1 at their annual town meetings1 to
 order money to be raised for the       

support of the poor1 for the building   
and repairing of bridges1 and for other 
town purposes2 to make regulations      
concerning fences2 to fix the           
compensation of town officers in certain
 cases2 and to perform such other duties
 as come within the usual powers of     
towns4 ,the powers of towns1 however1   
are not precisely the same in all the   
states4  ,sec4#c4 ,among the town       
officers elected at town meetings1 are  
the following2 not all of them1 however1
 are elected in any one state3 ,one or  
more persons who have the general       
oversight and direction of town affairs1
 called by some name corresponding to   
the nature of their duties2 a town      
clerk2 one or more assessors2 justices  
of the peace2 overseers of highways2    
overseers of the poor2 school officers2 
constables2 a collector of taxes2 a     
treasurer2 fence-viewers2 pound-keepers1
 c4 ,in some states there are also      
sealers of weights and measures2 persons
 to measure and inspect wood1 lumber1   

bark1 and other commodities4  ,sec4#d4  
,the officers first mentioned in the    
preceding section1 are1 in the ,new     
,england states1 called selectmen1 of   
whom there are at least three1 and may  
in no state be more than nine1 in each  
town4 ,in a few states they are called  
trustees of townships1 and are three in 
number4 ,in a few other states1 there is
 in each town one such officer1 called  
supervisor4 ,the powers and duties of   
these officers are more numerous in some
 states than in others4 ,they have power
 to lay out roads1 and lay out and alter
 road districts2 to do certain acts     
relating to roads1 bridges1 taxes1      
common schools1 the support of the poor1
 c42 and to examine and settle all      
demands against the town4 ,in some of   
the states1 some of these duties are    
performed by other officers4  ,sec4#e4  
,the town-clerk keeps the records1      
books1 and papers of the town4 ,he      
records in a book the proceedings of    
town meetings1 the names of the persons 

elected1 and such other papers as are   
required by law to be recorded4 ,in some
 states1 deeds and other conveyances are
 required to be recorded by the clerks  
of towns4  ,for a description of the    
duties of assessors and justices of the 
peace1 see ,assessment and ,collection  
of ,taxes1 and ,justices' ,courts4      
,sec4#f4 ,for the repairing of highways1
 a town is divided by the proper        
officers into as many road districts as 
may be judged convenient2 and a person  
residing in each district is chosen1    
called overseer or supervisor1 or       
surveyor of highways1 whose duty it is  
to see that the roads are repaired and  
kept in order in his district4 ,in some 
states a tax is laid and collected for  
this purpose2 and each person assessed  
may perform labor or furnish materials  
to the amount of his tax4 ,in other     
states1 road taxes are assessed upon the
 citizens in days' labor1 according to  
the value of their property2 every man1 
however1 being first assessed one day   

for his head1 which is called a         
poll-tax4 ,persons not wishing to labor1
 may pay an equivalent in money1 which  
is called commuting4  ,sec4#g4          
,overseers of the poor provide for the  
support of the poor belonging to the    
town who need relief1 and have no near  
relations who are able to support them4 
,in some states there is in each county 
a poor-house1 to which the poor of the  
several towns are sent to be provided   
for2 the expense to be charged to the   
towns to which such poor persons        
belonged4  ,sec4#h4 ,the principal      
duties of a constable are1 to serve all 
processes issued by justices of the     
peace in suits at law for collecting    
debts1 and for arresting persons charged
 with crimes4 ,the business of a        
constable in executing the orders of a  
justice of the peace1 is similar to that
 of a sheriff in relation to the county 
courts4  ,sec4#i4 ,the town treasurer   
receives all moneys belonging to the    
town1 and pays them out as they may be  

wanted for town-purposes2 and accounts  
yearly to the proper officers4 ,the     
office of town treasurer does not exist 
in all the states4  ,sec4#aj4 ,the      
duties of fence-viewers relate chiefly  
to the settling of disputes between the 
owners of adjoining lands concerning    
division fences1 the examining or       
viewing of fences when damage has been  
done by trespassing animals2 and the    
estimating of damages in such cases4    
,sec4#aa4 ,the town sealer keeps correct
 copies of the standard of weights and  
measures established by the state4      
,standard copies are furnished by the   
state sealer to each county sealer1 at  
the expense of the county1 and the      
county sealer furnishes each town sealer
 a copy at the expense of the town4 ,the
 town sealer compares the weights and   
measures brought to him with the copy in
 his possession1 and sees that they are 
made to agree with it1 and seals and    
marks them4 ,a person selling by a      
weight or measure that does not agree   

with the standard1 is liable to the     
purchaser for damages--generally to     
several times the amount of the injury4 
,for a particular description of the    
duties of town officers1 reference must 
be had to the laws of the several       
states4     ,chapter ,,xvi4             
,incorporation and ,government of       
,cities1 ,villages1 c4    ,sec4#a4      
,cities and incorporated villages have  
governments peculiar to themselves4     
,places containing a large and close    
population need a different government  
from that of ordinary towns or          
townships4 ,many of the laws regulating 
the affairs of towns thinly inhabited1  
are not suited to a place where many    
thousand persons are closely settled4   
,besides1 the electors in such a place  
would be too numerous to meet in a      
single assembly for the election of     
officers or the transaction of other    
public business4  ,sec4#b4 ,whenever1   
therefore1 the inhabitants of any place 
become so numerous as to require a city 

government1 they petition the           
legislature for a law incorporating them
 into a city4 ,the law or act of        
incorporation is usually called a       
charter4 ,the word charter is from the  
,latin charta1 which means paper4 ,the  
instruments of writing by which kings or
 other sovereign powers granted rights  
and privileges to individuals or        
corporations1 were written on paper or  
parchment1 and called charters4 ,in this
 country1 it is commonly used to        
designate an act of the legislature     
conferring privileges and powers upon   
cities1 villages1 and other             
corporations4  ,sec4#c4 ,the chief      
executive officer of a city is a mayor4 
,a city is divided into wards of        
convenient size1 in each of which are   
chosen one or more aldermen1 7usually   
two17 and such other officers as are    
named in the charter4 ,the mayor and    
aldermen constitute the common council1 
which is a kind of legislature1 having  
the power to pass such laws1 7commonly  

called ordinances17 and to make such    
orders and regulations1 as the          
government of the city requires4 ,the   
mayor presides in meetings of the common
 council1 and performs also certain     
judicial and other duties4 ,there are   
also elected in the several wards1      
assessors1 constables1 collectors1 and  
other necessary officers1 whose duties  
in their respective wards are similar to
 those of like named officers in country
 towns1 or townships4  ,sec4#d4 ,the    
inhabitants of cities1 however1 are not 
wholly governed by laws made by the     
common council4 ,most of the laws       
enacted by the legislature are of       
general application1 and have the same  
effect in cities as elsewhere4 ,thus the
 laws of the state require1 that taxes  
shall be assessed and levied upon the   
property of the citizens of the state to
 defray the public expenses2 and the    
people of the cities are required to pay
 their just proportion of the same2 but 
the city authorities lay and collect    

additional taxes for city purposes4     
,sec4#e4 ,in cities there are also      
courts of justice other than those which
 are established by the constitution or 
general laws of the state4 ,there is a  
court for the trial of persons guilty of
 disturbing the peace1 and of such other
 minor offenses as are usually          
punishable by imprisonment in the county
 jail1 called police court4 ,it is held 
by a police justice1 elected by the     
people1 or appointed in such manner as  
the law prescribes4 ,in some of the     
larger cities1 there are courts of civil
 as well as criminal jurisdiction1      
differing from those which are common to
 counties generally4  ,sec4#f4 ,the     
government of incorporated villages is  
not in all respects like that of cities4
 ,the chief executive officer of such a 
village is1 in some states1 called      
president4 ,the village is not divided  
into wards2 the number of its           
inhabitants being too small to require  
such division4 ,instead of a board of   

aldermen1 there is a board of trustees  
or directors1 who exercise similar      
powers4 ,the president of a village is  
generally chosen by the trustees from   
their own number4 ,in some states1      
incorporated villages are called towns2 
and their chief executive officer is    
called mayor4  ,sec4#g4 ,the necessity  
and effect of incorporating a village   
may not yet clearly appear to every     
reader4 ,let us illustrate4 ,by a       
general law of the state1 or by a vote  
of the electors of a township in        
pursuance of such law1 cattle may run at
 large in the highways4 ,this might be  
to many persons in a village1 a great   
annoyance1 which can be prevented or    
abated only by confining the cattle4    
,or1 sidewalks may need to be made4 ,or1
 it may be deemed necessary to provide  
means for extinguishing fires1 by       
purchasing fire-engines and organizing  
fire companies4 ,in an unincorporated   
village there is no power to compel the 
citizens to do these things4 ,those1    

therefore1 who desire that the citizens 
should have power to make all needful   
regulations for the government of the   
village1 petition the legislature for an
 act of incorporation granting the      
necessary powers4  ,sec4#h4 ,the        
constitutions of some states require the
 legislature to pass a general law      
prescribing the manner in which the     
people of any village may form          
themselves into a corporation1 with the 
necessary powers of government1 with out
 a special law for that purpose4        
,sec4#i4 ,besides these territorial     
corporations for purposes of government1
 as counties1 towns1 cities1 c41 there  
are incorporated companies for carrying 
on business of various kinds1 as        
turnpike and rail-road companies1 and   
companies for the purposes of banking1  
insurance1 manufacturing1 c4 ,these     
kinds of business1 to be carried on     
successfully1 sometimes require a larger
 amount of money than one man possesses4
 ,a number of persons1 therefore1 unite 

their capital under an act of           
incorporation granting them power to    
manage their business which they could  
not have in an ordinary business        
partnership4 ,besides1 a common         
partnership must end on the death of any
 one of the partners2 but an            
incorporated company is not thus        
affected by the death of its members4   
,sec4#aj4 ,it is in the nature of       
corporations to have a perpetual        
existence4 ,a corporation may live after
 the persons who first composed it are  
all dead2 for those who come after them 
have the same powers and privileges4 ,a 
town or city incorporated a hundred     
years ago1 is the same town or city     
still1 although none of its first       
inhabitants are living4 ,so a railroad  
or banking corporation may exist after  
the death of many1 or even all of the   
original corporators4  ,sec4#aa4 ,but   
there are certain particulars in which  
all corporations are not the same4 ,a   
state has been defined to be a body     

politic1 or corporation4 7,chap4 ,i4    
,sec4#aj2 ,,iii1 ,sec4#e47 ,but it      
differs from other government           
corporations1 as counties1 towns1       
cities1 c41 in this3 the latter are     
formed by acts of the legislature2 but a
 state is formed by the people in their 
political capacity in establishing the  
constitution4  ,sec4#ab4 ,again1 all    
these government corporations differ    
from incorporated business companies4   
,in forming a town or city1 many persons
 are brought into the corporation       
against their wishes or consent2        
because1 in governments1 all who live   
within certain prescribed bounds must   
come under the same laws2 but of an     
incorporated business association1 as of
 a common business partnership1 none    
become members but by their own act or  
choice4 ,there is another difference3   
,the latter are what are called stock   
companies2 and although they may be     
continued after the death of the first  
corporators1 those who afterward come   

into the association1 do so by becoming 
owners of the capital stock of those who
 preceded them4 ,this latter difference 
will more clearly appear from the more  
particular description1 elsewhere given1
 of the incorporated companies1 and of  
the manner in which the stock is        
transferred4 7,chap4 ,,xxiii1           
,sec4#aa--ae47     ,chapter ,,xvii4     
,judicial ,department4 ,justices'       
,courts4    ,sec4#a4 ,having seen how   
the legislative and executive           
departments of a state government are   
constituted1 and how the laws are made  
and executed1 the manner in which the   
local affairs of counties and towns are 
conducted1 and the powers and duties of 
their respective officers2 we proceed to
 describe the judicial department1 the  
powers and duties of judicial officers1 
and the manner in which justice is      
administered4  ,sec4#b4 ,it is the      
business of the legislature to determine
 what acts shall be deemed public       
offenses1 or crimes1 and to make laws   

for securing justice to the citizens in 
their dealings and general intercourse  
with each other2 but to judge of and    
apply the laws2 that is1 to determine   
what the law is and whether it has been 
broken1 and to fix the just measure of  
damage or of punishment1 and to order   
such decision to be carried into effect1
 are duties which1 as has been observed1
 have been wisely assigned to a separate
 and distinct department4 7,chap4       
,,viii4 ,sec4#g47  ,sec4#c4 ,a          
government without some power to decide 
disputes1 to award justice1 and to      
punish crime according to the laws of   
the state1 would not be complete4 ,to   
allow every man to be his own judge in  
cases of supposed injury1 and to redress
 his own wrongs1 would endanger the     
rights of others4 ,justice is best      
secured to the citizens by establishing 
courts for the redress of injuries and  
the punishment of crimes2 and that no   
person may suffer unjustly1 it is       
provided that every person charged with 

crime or any other wrong1 is entitled to
 a fair and impartial trial4  ,sec4#d4  
,for the convenience of persons who may 
be compelled to seek relief at law1     
courts are established in every town4   
,these are courts of the lowest grade1  
and are called justices' courts1 being  
held by justices of the peace who are1  
in most of the states1 elected by the   
people of the several towns4 ,they are  
called the lowest courts1 because they  
have jurisdiction only in cases in which
 the smallest sums or damages are       
claimed1 or in which only the lowest    
offenses are tried4 ,the word           
jurisdiction is from the ,latin jus1    
law1 or juris1 of the law1 and dictio1 a
 pronouncing or speaking4 ,hence the    
jurisdiction of a court means its power 
to pronounce the law4  ,sec4#e4         
,although justices of the peace are     
generally elected in the towns1 their   
jurisdiction extends over the county2   
that is1 they have power to try causes  
arising in any part of the county1 or   

between citizens residing in other      
towns4 ,the jurisdiction of justices of 
the peace is generally prescribed by    
law4 ,the law prescribes the sum that   
may be sued for1 or the amount of damage
 that may be recovered in a justice's   
court1 and the grade of offenses that   
may be tried in it4 ,in some states     
justices of the peace may try suits only
 in which the sum in controversy does   
not exceed #ej2 but in most of them1 the
 jurisdiction of a justice extends1 it  
is believed1 to sums of #ajj or more4   
,sec4#f4 ,causes1 in which money is     
claimed for damage or for debt1 are     
called civil causes2 those for the trial
 of persons charged with crime1 or some 
misdemeanor1 are called criminal causes4
 ,all crimes1 strictly speaking1 are    
misdemeanors4 ,in common usage1 however1
 the word misdemeanor denotes a smaller 
offense1 such as is usually punishable  
by fine1 or by imprisonment in a county 
jail1 and not in a state prison4        
,causes1 actions1 and suits1 are words  

of similar meaning in law language1     
being generally used to signify         
prosecutions at law1 or lawsuits4 ,the  
party that sues is called plaintiff2 the
 party sued is the defendant4  ,sec4#g4 
,prosecutions at law are conducted in   
nearly the same manner in the different 
states4 ,the following is a sketch of   
the proceedings in an ordinary civil    
suit in a justice's court3 ,the justice1
 at the request of the plaintiff1 issues
 a summons1 which is a writ or precept  
addressed to a constable of the town1 in
 some states to any constable of the    
county1 commanding him to summon the    
defendant to appear before the justice  
on a day and at an hour specified1 to   
answer the plaintiff 7naming him7 in a  
suit1 the nature of which is stated in  
the summons4  ,sec4#h4 ,the constable   
serves the summons by reading it or     
stating the substance of it to the      
defendant2 and if requested1 gives him a
 copy of it4 ,if he does not find the   
defendant1 he leaves a copy at his place

 of residence with some one of the      
family of proper age4 ,at or before the 
time named for trial1 the constable     
returns to the justice the summons with 
an indorsement stating the day on which 
it was served1 and whether served       
personally or by copy4 ,if served by    
copy1 and the defendant does not appear 
at the time named for trial1 a new      
summons is issued1 as the practice is in
 some states--perhaps all of them2 and  
the trial may not proceed unless a      
summons has been personally served4     
,sec4#i4 ,the parties may appear in     
person1 or by attorney4 ,an attorney is 
any person lawfully appointed to        
transact business for another2 hence the
 word attorney does not always mean an  
attorney at law1 or lawyer1 who is      
properly an officer of a court of law4  
,when the parties have appeared and     
answered to their names1 they make their
 pleadings2 that is1 the plantiff       
declares for what he brings his suit2   
and the defendant states the nature of  

what he has to offset against the demand
 of the plaintiff1 or denies the demand 
altogether4 ,these acts of the parties  
are called joining issue4  ,sec4#aj4 ,if
 the parties are ready for trial1 the   
justice proceeds to try the issue4 ,if  
the witnesses have not been subpoened   
and are not in attendance1 the cause is 
adjourned to a future day2 and the      
justice1 at the request of either party1
 issues a subpoena1 which is a writ     
commanding persons to attend in court as
 witnesses4 ,the witnesses on both sides
 are examined by the justice1 who       
decides according to law and equity1 as 
the right of the case may appear1 in    
which he is said to give judgment4 ,to  
the amount of the judgment1 whether     
against the plaintiff or the defendant1 
are added the costs2 for it is          
considered to be just that the party in 
default shall pay the expense of the    
suit4 ,the costs consist of the fees or 
compensation to be paid the justice1    
constable and witnesses for their       

services4  ,sec4#aa4 ,if a defendant    
does not appear at the time of trial1   
the justice may proceed to try the      
cause1 and decide upon the testimony of 
the plaintiff's witnesses4 ,if a        
plaintiff does not answer or appear when
 his name is called in court1 the       
justice enters judgment of nonsuit4 ,a  
plaintiff may1 at any time before       
judgment is rendered1 discontinue or    
withdraw his action1 in which case also 
judgment of nonsuit is given4 ,in cases 
of nonsuit1 and also when no cause of   
action is found1 judgment is rendered   
against the plantiff for the costs4     
,sec4#ab4 ,a debtor may avoid the       
expense of a lawsuit by confessing      
judgment4 ,the parties go before a      
justice1 and the debtor acknowledges or 
confesses the claim of the creditor1 and
 consents that the justice enter        
judgment accordingly4 ,in some states1  
the confession and consent must be in   
writing1 and signed by the debtor4 ,the 
amount for which judgment may be        

confessed is limited by law1 but is1 in 
some states at least1 and perhaps in    
most if not all of them1 larger than the
 sum to which the jurisdiction of a     
justice is limited in ordinary suits4   
,chapter ,,xviii4  ,trial by ,jury2     
,execution2 ,attachment2 ,appeals2      
,arrest of ,offenders4    ,sec4#a4 ,the 
administration of justice in courts of  
law is not left entirely to the justices
 and judges4 ,parties may not always    
have sufficient confidence in the       
ability1 honesty1 and impartiality of   
the justice by whom a suit is to be     
tried1 to intrust their interests to his
 judgment4 ,therefore the constitutions 
of all the states guaranty to every     
person the right of trial by a jury4    
,this right has been enjoyed in ,england
 many centuries4 ,it was established    
here by our ancestors1 who were         
principally from that country4  ,sec4#b4
 ,a jury is a number of men qualified   
and selected as the law prescribes1 and 
sworn to try a matter of fact1 and to   

declare the truth on the evidence given 
in the case4 ,this declaring of the     
truth is called a verdict1 which is from
 the ,latin verum dictum1 a true        
declaration or saying4 ,a jury in a     
justice's court consists in most or all 
of the states1 as is believed1 of six   
men2 in the higher courts1 of twelve    
men1 who are generally required to be   
freeholders4 ,the manner of selecting   
the jurors is not the same in all the   
states4  ,sec4#c4 ,after issue has been 
joined1 and before testimony has been   
heard1 either party may demand that the 
cause be tried by a jury4 ,whereupon the
 justice issues a venire1 which is a    
writ or precept directing a constable to
 summon the required number of duly     
qualified men to appear before the      
justice1 to make a jury to try the      
cause4  ,sec4#d4 ,the testimony and     
arguments on both sides having been     
heard1 the jurors are put under the     
charge of the constable1 who is sworn to
 keep them in some convenient place1    

without meat or drink1 except such as   
the justice may order1 until they shall 
have agreed on their verdict1 or have   
been discharged by the justice2 and not 
to allow any person to speak to them    
during such time1 nor to speak to them  
himself1 except by order of the justice1
 unless to ask them whether they have   
agreed on their verdict4  ,sec4#e4 ,all 
the jurors must agree in a verdict2 and 
when so agreed1 they return in charge of
 the constable1 and1 in open court1     
deliver their verdict to the justice1   
who enters judgment according to the    
finding of the jury4 ,if the jurors1    
after having been out a reasonable time1
 do not all agree upon a verdict1 the   
justice may discharge them1 and issue a 
new venire1 unless the parties consent  
to submit the cause to the justice4     
,sec4#f4 ,if a judgment is not paid     
within the time prescribed by law1 the  
justice issues an execution1 which is a 
precept directing a constable to collect
 the amount of the judgment2 and        

authorizing him to take and sell the    
goods and chattels of the debtor1 and to
 make his returns to the justice within 
the time required4 ,goods and chattels  
are personal or movable property1 or    
property other than freehold1 or real   
estate4 ,if the money can not be        
collected1 the execution is returned as 
not satisfied4 ,if a constable does not 
faithfully obey the directions contained
 in the execution1 he and his sureties  
become liable to pay the judgment4      
,sec4#g4 ,laws have been passed in all  
the states for the benefit of poor men1 
who are allowed to retain1 for the use  
and comfort of themselves and their     
families1 certain articles of personal  
property1 which may not be sold on      
execution2 such as necessary household  
furniture1 apparel1 beds1 tools and     
implements of trade1 c4 ,the practice   
which formerly prevailed1 of imprisoning
 debtors who were unable to satisfy     
executions1 has been abolished1 except  
for fines and penalties4  ,sec4#h4 ,the 

foregoing description of the proceedings
 of a justice's court is that of a      
prosecution in ordinary cases4 ,but     
there are other modes of prosecution in 
certain cases1 one of which is by       
attachment4 ,an attachment is a writ    
directing the property of a debtor to be
 taken1 and kept till a trial can be    
had1 and judgment obtained4 ,this mode  
of proceeding is adopted when the       
plaintiff has reason to believe that a  
debtor conceals himself to avoid being  
prosecuted by summons1 or is about to   
remove his property or himself from the 
county1 or intends in some other way to 
defraud his creditors4  ,sec4#i4 ,in    
case of an absent or concealed debtor1  
the constable1 7as is supposed to be the
 common practice17 leaves a copy of the 
attachment1 with an inventory or list of
 the articles of property attached1 at  
the defendant's last place of abode1 or1
 if he had none in the county1 the copy 
and inventory are to be left with the   
person in whose possession the property 

is found4 ,if the defendant does not    
appear on the day of trial1 the         
plaintiff may proceed to prove his      
demand and take judgment4 ,an execution 
is then issued against the property     
attached4  ,sec4#aj4 ,if either party is
 dissatisfied with a judgment rendered  
in a justice's court1 he may appeal to a
 higher court for trial1 or for a review
 of the judgment4 ,the party appealing  
is called appellant2 the adverse party  
is the appellee or respondent4          
,sec4#aa4 ,an important part of the     
duties of a justice of the peace relates
 to the arrest and trial of persons     
charged with crimes and misdemeanors4   
,although they have not power to try    
high offenses usually called crimes1    
they may order the apprehension of      
persons charged with such offenses1 and 
cause them to be committed for trial4   
,sec4#ab4 ,a person knowing or          
suspecting another to have committed an 
offense1 may make complaint to a judge  
or justice of the peace1 who examines   

the complainant on oath1 and witnesses1 
if any appear2 and if he is satisfied   
that an offense has been committed1 he  
issues a warrant1 directing the person  
accused to be brought before him4 ,the  
complainant and witnesses for the       
prosecution1 and next the prisoner and  
his witnesses1 are examined4 ,if the    
offense is one of which the magistrate  
has jurisdiction1 he may proceed to try 
the prisoner1 who1 it will be           
recollected1 is entitled to be tried by 
a jury4  ,sec4#ac4 ,if the offense is   
one which the magistrate has not power  
to try1 he binds the prosecutor or      
complainant and all material witnesses  
to appear and testify against the       
prisoner at the next court having power 
to indict and try him4 ,and if the      
offense is one for which the prisoner   
may be bailed1 the magistrate takes bail
 for his appearance at court4 ,if the   
offense is not bailable1 or if no       
satisfactory bail is offered1 the       
magistrate orders him to be committed to

 jail to await his trial4 ,but1 as will 
be seen hereafter1 he must be indicted  
by a grand jury before he can be tried4 
7,chap4 ,,xix41 ,sec4#g-i47 ,and were   
there no danger of an offender's escape 
before he could be brought to trial1 his
 previous arrest and examination might  
be unnecessary4  ,sec4#ad4 ,the         
obligation or bond given by a prosecutor
 and witnesses for their appearance at  
court1 is sometimes called a            
recognizance4 ,they bind themselves1    
with sureties1 to forfeit and pay a     
certain sum of money in case of their   
non-appearance4 ,a similar bond or      
recognizance is given in case of bail4  
,the person accused binds himself1 with 
sureties1 in such sum as the justice    
requires1 which is to be paid if he     
shall not appear for trial4 ,the word   
bail is from a ,french word meaning to  
deliver1 or to release4 ,hence1 the     
justice bails1 sets free1 or delivers to
 his sureties1 the party arrested4 ,also
 the sureties are said to bail a person 

when they procure his liberation4       
,chapter ,,xix4  ,courts other than     
,justices' ,courts2 ,grand and ,petit   
,juries1 c4    ,sec4#a4 ,the court next 
higher than a justice's court1 is a     
court held in each county1 generally    
called a county court1 or court of      
common pleas4 ,this court is usually    
held by a county judge elected by the   
electors of the county in most of the   
states2 in some1 appointed by the       
legislature2 and in others1 by the      
governor1 with the advice and consent of
 the senate4 ,in a few of the states    
this court consists of more than one    
judge4 ,in some states1 county courts   
are held by judges of the circuit       
courts4  ,sec4#b4 ,in this court are    
tried civil causes in which are claimed 
sums of greater amount than a justice of
 the peace has jurisdiction of1 and     
criminal causes in which are charged the
 lower crimes committed in the county4  
,also causes removed by appeal from a   
justice's court are tried in this court2

 in which cases it is said to have      
appellate jurisdiction4 ,courts are also
 said to have original jurisdiction2    
which means that suits may originate or 
commence in such courts4  ,sec4#c4      
,there is in every state at least one   
court1 and in most of the states there  
are two or more courts of higher grade  
than a county court4 ,they are called in
 the different states by different      
names2 as circuit court1 superior court1
 supreme court1 and court of appeals4 ,a
 circuit court probably obtains its name
 thus3 ,a state is divided into judicial
 districts1 in each of which one or more
 judges are elected1 who go around      
holding a court once a year or oftener  
in each of the counties composing a     
judicial district4 ,this court usually  
has both original and appellate         
jurisdiction2 it being a part of its    
business to try appeals from the county 
courts4 ,it also tries such of the      
higher crimes as a county court has not 
the power to try4 ,courts in which      

crimes are tried are sometimes called   
courts of oyer and terminer4  ,sec4#d4  
,every county court1 and every circuit  
having like jurisdiction1 has a jury to 
try issues of fact1 and a grand jury4   
,an issue of fact is when the fact as to
 the indebtedness or the guilt of the   
party charged is to be determined from  
the testimony4 ,an issue of law is one  
in which it is to be determined what is 
the law in the case1 which is done by   
the judge instead of the jury4 ,the jury
 by which issues of fact are tried1 as  
distinguished from a grand jury1 is     
called a petty or petit jury4 ,it       
consists of twelve men1 all of whom must
 agree in a verdict4  ,sec4#e4 ,the     
manner of selecting grand and petit     
jurors is prescribed by law4 ,a number  
of judicious men in each town are       
selected by some person or persons      
lawfully authorized2 and the names of   
the men so selected are written on      
separate pieces of paper1 and put into a
 box in each town1 and kept by the town 

clerk2 or as is the practice in some    
states1 the names of the men designated 
as jurors in the several towns are sent 
to the county clerk1 and by him kept in 
a box4 ,previous to the sitting of the  
court1 the requisite number is drawn out
 the box2 and the men whose names are   
drawn1 are summoned to attend as jurors4
  ,sec4#f4 ,it is the business of a     
grand jury to inquire concerning crimes 
and misdemeanors committed in the       
county2 and if there appear just grounds
 of accusation against any person1 they 
make to the court a presentment or      
formal charge against him1 upon which he
 is to be put upon trial4 ,the number of
 grand jurors is not always the same4   
,in some states there may not be more   
than twenty-three nor less than twelve4 
,it is not required that they shall all 
agree in order to put a person upon     
trial4  ,sec4#g4 ,on the opening of the 
court1 the grand jurors are sworn to    
make a true presentment of all things   
given them in charge4 ,the judge then   

gives them a charge1 and appoints one of
 them foreman2 and the jurors retire to 
a private apartment to attend to their  
duties4 ,they hear all complaints       
brought before them against persons for 
crimes and breaches of the peace1 and   
examine witnesses who appear to testify2
 and when it is requested1 they have the
 assistance and advice of the state's   
attorney2 or as he is called in some    
states1 the district attorney1 or       
prosecuting attorney4 ,if they think any
 person complained of ought to be tried1
 they draw up a writing1 in which they  
charge him with the offense of which    
they think him guilty4 ,this is called  
an indictment4 ,it is signed by the     
foreman1 indorsed a true bill1 and      
carried by the jury into court4 ,if the 
person accused has not before been      
arrested1 he may now be arrested1 and   
put upon trial4 7,see ,chap4 ,,xviii1   
,sec4#ab-ad47  ,sec4#h4 ,as grand juries
 do not try crimes1 but merely make     
inquiry into them1 some may not readily 

perceive the necessity of such juries4  
,innocent persons might be subjected to 
great inconvenience and expense in      
defending themselves in court against   
the slanderous reports or false         
accusations of evil minded persons4 ,it 
is to prevent this that grand juries are
 instituted1 who make careful           
examinations into the cases brought     
before them1 and do not often charge    
persons with crime unless there is a    
strong probability of their being found 
guilty on trial4  ,sec4#i4 ,so important
 was the institution of grand juries    
considered1 that the constitution of the
 ,united ,states1 to which the          
constitutions and laws of the states    
must conform1 was made to provide1 that 
no person shall be held to answer for a 
capital or other infamous crime1 unless 
on a presentment or indictment of a     
grand jury1 except in certain cases4    
7,con4 ,u4,s41 ,amend4 ,art4 ,v4 ,for   
the definition of infamous crime1 see   
,chap4 ,,vi41 ,sec4#g47  ,sec4#aj4 ,it  

is the opinion of many that this        
requirement of a previous indictment by 
a grand jury has reference only to the  
courts of the ,united ,states2 and that 
the states may dispense with it4 ,hence1
 efforts are now making in some states  
to abolish grand juries4 ,it is supposed
 that an examination at all times before
 a justice or a judge1 when the prisoner
 can be present with his witnesses1 is  
more likely to protect him against being
 unnecessarily subjected to the trouble 
and expense of a trial1 than before a   
grand jury1 where complaints are often  
made by malicious persons1 and sustained
 by the testimony of partial or corrupt 
witnesses4  ,sec4#aa4 ,the supreme court
 is generally the next higher1 and in   
most of the states1 the highest state   
court4 ,this court differs somewhat in  
the different states1 both in the manner
 of its formation and in its            
jurisdiction4 ,it is believed1 however1 
to have1 in the states generally1 both  
original and appellate jurisdiction1    

civil and criminal4 ,in the state of    
,new ,york and a few other states1 there
 is one higher court1 called court of   
appeals1 which has appellate power only4
 ,its business is to review cases from  
the supreme court4  ,sec4#ab4 ,suits in 
the county1 circuit1 and supreme courts1
 are commenced by a writ1 7in some      
states a summons or a declaration17     
which is served by the sheriff of the   
county in which the suit is to be tried4
 ,he also serves warrants and executions
 issued by these courts4 ,a sheriff is  
to these courts what a constable is to a
 justice's court4 ,his powers and duties
 have been elsewhere described4 7,chap4 
,,xiv41 ,sec4#h47     ,chapter ,,xx4    
,chancery or ,equity ,courts2 ,probate  
,courts2 ,court of ,impeachment4        
,sec4#a4 ,it might be supposed1 that in 
instituting the courts which have been  
described1 all necessary provision had  
been made for securing justice to the   
citizens4 ,but many cases arise in which
 justice and equity can not be obtained 

in these courts4 ,to afford relief in   
such cases1 a court has been established
 called a court of equity1 or court of  
chancery4 ,what often renders it        
impossible to get justice in ordinary   
courts of law1 is the want of witnesses2
 but in a court of equity the parties   
may themselves be put on oath4  ,sec4#b4
 ,a debtor1 to avoid the payment of his 
debts1 may conceal his property or his  
money2 but this court may compel him to 
disclose and give up the same to satisfy
 an execution2 and it may prevent       
persons indebted to him from making     
payment to him4 ,a person refusing to   
fulfill a contract may1 in courts of    
common law1 only be sued for damage2 but
 this court may in certain cases compel 
him to fulfill the contract itself4 ,it 
may also restrain individuals and       
corporations from committing fraudulent 
acts1 and prevent persons from          
committing wastes on land and certain   
other injuries1 until the right at law  
can be tried4  ,sec4#c4 ,courts of      

chancery were established1 it is        
believed1 in a majority of the old      
states4 ,but separate and distinct      
organizations called chancery courts1   
now exist in but a few states2 the power
 to try suits in equity having been     
given to the judges of the common law   
courts4  ,sec4#d4 ,suits in equity are  
not commenced as suits at law4 ,the     
plaintiff prepares a bill of complaint1 
the facts stated in which are sworn to  
by himself4 ,the bill1 which contains a 
petition or prayer that the defendant   
may be summoned to make answer on oath1 
is filed with the clerk of the court1   
who issues a subpoena commanding the    
defendant to appear before the court on 
a day named4 ,a trial may be had on the 
complaint and answer alone2 or witnesses
 may be introduced by the parties4 ,the 
case is argued by counsel1 and a decree 
is pronounced by the court1 which the   
court has power to carry into effect4   
,sec4#e4 ,there is another kind of      
courts which are in their nature        

different from ordinary law courts1 and 
are called probate courts4 ,there is in 
every county a probate court held by a  
judge of probate1 whose duties relate to
 the proving of wills and the settling  
of the estates of persons deceased4 ,a  
will is a writing in which a person     
gives directions concerning the disposal
 of his property after his death4 ,the  
,latin word probatus means proof2 from  
which probate has come to be applied to 
the proving of a will4 7,see ,wills and 
,testaments47 ,in the state of ,new     
,york the judge of this court is called 
surrogate1 and the court is called      
surrogate's court4  ,sec4#f4 ,there is  
still another court in every state1     
which is not a common law court4 ,it is 
the court of impeachment4 ,the name is  
applied to the senate when sitting on a 
trial of impeachment4 ,an impeachment is
 a charge or accusation against a public
 officer for corrupt conduct in his     
office2 as if a governor1 for money     
offered him1 should approve and sign a  

law2 or a judge should1 for money or    
from some other selfish or personal     
motive1 give a wrong judgment4 ,the     
constitution gives to the house of      
representatives the power to impeach1   
and to the senate the power to try the  
persons impeached4 ,this practice has   
come from ,great ,britain1 where the    
impeachment is made by the house of     
commons1 and the house of lords is the  
high court of impeachment4  ,sec4#g4    
,the house of representatives1 in a case
 of impeachment1 acts in nearly the same
 manner as a grand jury in a court of   
law4 ,a complaint is made to the house2 
and if1 upon examination1 there appear  
to a majority of the members present    
sufficient grounds for the charge1 an   
accusation in writing is prepared1      
called articles of impeachment1 and     
delivered to the senate4 ,in some       
states1 a majority of the members       
elected is necessary to impeach4 ,the   
president of the senate orders the court
 to be summoned4 ,the accused is brought

 before the court to answer to the      
charge1 and has counsel assigned him4   
,the senators are sworn truly to try and
 determine the impeachment according to 
evidence2 and a day is fixed for trial4 
,sec4#h4 ,the house of representatives  
usually choose from their number a      
committee of managers to conduct the    
trial1 the proceedings in which are the 
same as in law courts4 ,the senators    
retire and deliberate as jurors in such 
courts4 ,two-thirds of the senators--in 
some states two-thirds of all the       
senators elected--must concur in order  
to convict the person accused4 ,if a    
person is convicted1 the court may      
remove him from office1 or disqualify   
him to hold any office in the state1 for
 a time1 or for life2 or may both remove
 and disqualify him4 ,this court can    
pronounce no other sentence4 ,but if the
 act committed is a crime1 the offender 
may also be indicted1 tried1 and        
punished in a court of justice4         
,sec4#i4 ,judicial officers may also be 

removed by the governor on address of   
the legislature4 ,if a judge is         
suspected of corrupt conduct in his     
office1 or of being incompetent to      
discharge its duties1 complaint is made 
to the legislature1 and the party       
complained of is notified1 and an       
opportunity is given him of being heard 
in his defense4 ,if both branches1 by   
the required majorities1 concur in the  
opinion that he ought to be removed1    
they address the governor1 setting forth
 their reasons for the removal4 ,if the 
governor considers the reasons          
sufficient1 the officer is removed4     
,this mode of removal does not exist in 
all the states4 ,in ,new ,york1 and     
perhaps in a few other states1 the      
legislature makes the removal without   
the concurrence of the governor2 and in 
that state some of the lower judicial   
officers may be removed by the senate on
 the recommendation of the governor4 ,in
 a few states1 judges are not removable 
by impeachment4     ,chapter ,,xxi4     

,assessment and ,collection of ,taxes4  
,sec4#a4 ,every government must have the
 power of providing means for its       
support4 ,the money which is needed to  
pay the expenses of administering the   
government1 if the state has no         
permanent source of revenue1 or income1 
must be raised by taxation4 ,a tax is a 
rate or sum of money assessed upon the  
person or property of a citizen for the 
use of the state4 ,when assessed upon   
the person1 it is called a poll-tax1 or 
capitation tax1 being a certain sum on  
every poll1 or head4 ,but as persons    
ought generally to contribute to the    
public expenses according to their      
ability1 taxes are more just and equal  
when laid upon the property of the      
citizens4 ,few poll-taxes are levied in 
this country4  ,sec4#b4 ,there are      
certain kinds of property which are     
exempt from taxation2 such as the       
corporate property of the state1 of     
counties1 and of towns1 including the   
buildings in which the public business  

is done1 the prisons1 jails1 asylums1   
c41 and the lands attached to them2     
school-houses and meeting-houses1 with  
the lands attached2 burying-grounds1 and
 the property of literary and charitable
 institutions4 ,but the property of     
business corporations1 as rail-road1    
banking1 insurance1 manufacturing1 and  
other stock companies1 like that of     
individuals1 is liable to taxation4     
,real estate1 or real property1 is land 
with the buildings and other articles   
erected or growing thereon4 ,personal   
estate1 or personal property1 consists  
of movables1 as goods1 chattels1 money1 
and debts due from solvent debtors4     
,sec4#c4 ,as the property of every      
person is to be assessed in proportion  
to its value1 it is necessary1 first1 to
 make a correct valuation of all the    
taxable property4 ,for this purpose1 the
 assessor or assessors pass through the 
town1 and make a list of the names of   
all the taxable inhabitants1 and the    
estimated value of the property1 real   

and personal1 of each2 and returns of   
the same are made to the proper county  
officers1 who cause the tax-list for    
each town to be made out1 and order the 
taxes to be collected4  ,sec4#d4 ,in    
some states1 persons liable to taxation 
are themselves required to furnish lists
 of all their taxable property1 printed 
blank lists having been previously      
distributed among them for this purpose4
 ,to secure an accurate valuation1 the  
assessors1 7called also listers17 may   
require persons to make oath that they  
have made a true statement of their     
property and its value4 ,in states where
 the polls of the tax-payers are        
assessed1 these also are set down in the
 lists at such sums as the law directs  
to be affixed to each poll4  ,sec4#e4   
,before a tax-list can be made out1 it  
must be known what amount is to be      
collected in each town4 ,this amount is 
made up of three parts3 ,first1 the sum 
wanted to pay the expenses of the town  
for the preceding year2 secondly1 the   

town's share of the county expenses2 and
 thirdly1 its proportional share of the 
expenses of the state government1 or of 
what is to be raised for state purposes4
  ,sec4#f4 ,the apportionment of the    
amount of the state and county expenses 
among the several towns1 is made        
according to the amount of property in  
each as valued by the assessors4 ,the   
state auditor or controller1 having     
received from the several counties      
returns of the value of the property in 
each county1 is enabled to determine its
 quota of the amount to be raised for   
state purposes4 ,to each county's share 
of the state expenses is added the sum  
to be raised in the county for county   
purposes2 and the amount is apportioned 
among the towns in proportion to the    
value of the assessed property of each4 
,then adding to each town's share of the
 amount of the state and county         
expenses1 the amount to be raised for   
town purposes1 gives the sum to be      
collected in the town4  ,sec4#g4 ,having

 thus ascertained the sum to be raised  
in each town1 the officers whose duty it
 is1 cause a tax-list to be made out1 in
 which the amount of each person's tax  
is set opposite his name and the        
estimated value of his property4 ,the   
tax-list of each town1 certified and    
signed by the proper persons1 is put    
into the hands of the collector1 with a 
warrant ordering the same to be         
collected4  ,sec4#h4 ,the money         
collected for county and state purposes 
is paid to the county treasurer1 who    
pays to the state treasurer the amount  
raised in the county for state expenses1
 and retains the remainder to be        
expended in the county4 ,the money      
collected for town purposes is paid to  
such persons in the town as are by law  
authorized to receive the same4         
,chapter ,,xxii4  ,education4 ,school   
,funds2 ,schools1 c4    ,sec4#a4 ,the   
proper object of government is to       
promote the welfare and happiness of its
 citizens4 ,for this purpose1 it must   

provide for making and properly         
administering laws to protect the people
 in the enjoyment of life and the fruits
 of their labor4 ,but it should go      
further1 and make express provision for 
improving the condition of the people1  
especially the less fortunate portions  
of them4  ,sec4#b4 ,the prosperity of a 
state or nation depends essentially upon
 the education of its citizens4 ,this is
 seen by comparing the condition of the 
people of this country with the         
condition of the people of those        
countries where the benefits of         
education are not enjoyed4 ,ignorance   
tends to make men idle1 vicious1 and    
miserable4 ,on the other hand1 learning 
is not only a means of enjoyment in     
itself1 but of improving the social     
condition of a people4  ,sec4#c4 ,again1
 a free government is better adapted    
than any other to promote the welfare of
 a nation4 ,but if the people are not   
properly educated1 they are incapable of
 self-government4 ,and as many persons  

are unable to pay for the tuition of    
their children1 the safety of the       
government itself requires the          
establishment of a system of education1 
by which the great body of the people   
may be fitted to discharge their social 
and political duties4 ,the states have  
accordingly instituted school systems   
for the instruction of children and     
youth of all classes at the public      
expense4  ,sec4#d4 ,in most of the      
states1 the schools are supported only  
in part1 in a few of them wholly1 at the
 expense of the states4 ,some states    
have provided funds1 the income of which
 is annually applied to this object4    
,fund generally signifies the money or  
capital stock employed in carrying on   
trade or any other business operation4  
,state funds are the moneys and other   
property of the state which are set     
apart for paying the expenses of the    
government1 or for the construction of  
canals1 roads1 and other public         
improvements4 ,the interest of these    

funds1 and the income from other        
sources1 are called the revenue4        
,sec4#e4 ,in some states1 school funds  
are created by appropriating the public 
lands1 which are lands owned by the     
state as a body corporate4 ,the proceeds
 of these lands1 from sales or rents1   
constitute a part or the whole of the   
school fund1 the interest of which is   
annually applied to the support of      
schools4 ,if the income from the school 
fund is insufficient for this purpose1  
the deficiency may1 as is done in some  
states1 be supplied1 in whole or in     
part1 by taxation1 or from the state    
treasury4  ,sec4#f4 ,many of the new    
states have large school funds4 ,at an  
early period1 while most of the         
territory from which these states have  
been formed was yet the property of the 
,united ,states1 and uninhabited1       
,congress passed an act by which a      
particular section of land 7number      
sixteen7 in every township is reserved  
for the support of schools therein4 ,by 

this act1 one thirty-sixth part of the  
lands within each of these states has   
been thus appropriated1 besides smaller 
portions granted for the benefit of a   
university in each state4 ,these lands  
are in the charge of proper officers1   
who dispose of them1 and apply the      
proceeds as the law directs4  ,sec4#g4  
,the school funds of many of the states 
have been largely increased by certain  
moneys received from the ,united        
,states4 ,in #ahcg1 there had           
accumulated in the national treasury    
about thirty millions of dollars over   
and above what was needed for the       
support of the government4 ,by an act of
 congress1 this surplus revenue was     
distributed among the states then       
existing1 to be kept by them until      
called for by congress4 ,although       
congress reserved the right to recall   
the money1 it was presumed that it would
 never be demanded4 ,that it never will 
be1 is now almost certain4 ,many of the 
states have appropriated large portions 

of their respective shares for school   
purposes4 ,from its having been said to 
be only deposited with the states1 this 
fund is sometimes called the ,united    
,states deposit fund4  ,sec4#h4 ,school 
moneys coming from the state treasury1  
or state fund1 are usually apportioned  
among the several towns of the state2   
and each town's share of such moneys1   
together with what may come to the town 
by taxation or from its school lands1 is
 divided among the several districts    
according to the number of children     
between certain ages in each district1  
or in such other manner as may be       
directed by law4 ,if the moneys thus    
received are insufficient to pay the    
wages of teachers1 a rate bill is made  
out in each district for the deficiency1
 and collected from the persons whose   
children have been taught in the        
schools4  ,sec4#i4 ,the towns1 or       
townships1 are divided into districts of
 suitable size for schools1 which are   
called district schools4 ,from their    

being supported by a common fund1 and   
designed for the common benefit1 or from
 the lower or more common branches being
 taught in them1 they are also called   
common schools4 ,one or more trustees or
 directors are chosen in each district  
to manage its affairs2 a clerk to notify
 meetings and record the proceedings of 
the same2 and a collector to collect    
taxes for building and repairing        
school-houses1 and all rate bills for   
the payment of teachers4  ,sec4#aj4 ,the
 highest school officer is the state    
superintendent of common schools1 or1 as
 he is sometimes called1 superintendent 
of public instruction4 ,the             
superintendent collects information     
relating to the schools2 the number of  
children residing in each district1 and 
the number taught2 the amount paid for  
tuition2 the number of school-houses1   
and the amount yearly expended in       
erecting school-houses2 and other       
matters concerning the operation and    
effects of the common school system4 ,if

 there is no other officer whose duty it
 is1 the superintendent also apportions 
the money arising from the state funds  
among the several counties4 ,he reports 
to the legislature at every session the 
information he has collected1 and       
suggests such improvements in the school
 system as he thinks ought to be made4  
,sec4#aa4 ,there is in every county an  
officer who receives from the state     
superintendent the money apportioned to 
the county1 and apportions the same     
among the towns2 reports to the state   
superintendent the number of children in
 the county2 and performs such other    
duties as the law requires4 ,in some    
states1 there is no such county officer2
 but the money is apportioned by the    
state superintendent among the towns2   
and the reports from the towns are made 
directly to the state superintendent4   
,sec4#ab4 ,in the towns are officers    
whose duties are to examine teachers1   
visit schools1 apportion the school     
moneys among the districts1 and to      

collect the lists of the number of      
children in the several districts1 with 
such other information as the law       
requires1 and report the same to the    
county officer1 or1 if there is none1 to
 the state superintendent4 ,in some     
states1 there is in each county an      
officer or a board of officers1 for     
examining teachers1 and performing      
certain other duties relating to the    
schools of the county4  ,sec4#ac4       
,academies and colleges also receive aid
 from the state1 to a limited extent4 ,a
 distinct fund is created in some states
 for their benefit2 in others1 they are 
aided by special appropriations from the
 state treasury4     ,chapter ,,xxiii4  
,canals and ,rail-,roads4    ,sec4#a4   
,in carrying out the purposes of        
government1 provision ought also to be  
made to secure to the people the means  
of obtaining a suitable reward for their
 industry1 and to render the labor of   
all1 as nearly as may be1 equally       
profitable4  ,sec4#b4 ,the people of    

some states do not possess the same     
advantage as those of others2 nor do all
 the people of the same state enjoy     
equal advantages4 ,those who reside at a
 great distance from market1 or from    
navigable waters and good roads1 are not
 so well rewarded for their labor as    
those who reside near them1 because of  
the greater cost of the transportation1 
both of what they have to sell1 and of  
the goods they buy4 ,hence the necessity
 of good roads1 canals1 or other means  
of facilitating trade between the       
different parts of the state4  ,sec4#c4 
,among the works intended to effect this
 object1 canals are perhaps the most    
useful1 and are to be preferred wherever
 their construction is practicable4     
,canals are sometimes constructed by    
incorporated companies2 but generally   
these works1 especially those of great  
magnitude1 are made by the state1 and   
are the property of the state4 ,although
 there are some states in which are no  
canals of this kind1 it may be          

interesting to young persons generally  
to know how so important a state work is
 made4  ,sec4#d4 ,to raise the money    
necessary to make a canal1 the          
legislature might levy a general tax    
upon the property of the citizens4 ,but 
this would not be expedient or just2    
because1 first1 the payment of so large 
a sum by the people within the time in  
which it would be desirable to complete 
the work1 would be inconvenient and     
burdensome2 and secondly1 the expense   
must fall alike upon the people of all  
parts of the state3 whereas1 those      
residing most remotely from the line of 
the work1 would derive from it little or
 no benefit4  ,sec4#e4 ,when1 therefore1
 a great enterprise of this kind is     
undertaken by a state1 the law          
authorizing the work usually provides a 
fund1 the income of which is to be      
applied to this object4 ,this fund      
consists of such lands1 property1 and   
moneys as the legislature may grant for 
this purpose4 ,funds were thus          

constituted in some of the western      
states1 to which funds congress made    
grants of the public lands of the       
,united ,states lying within those      
states4  ,sec4#f4 ,these funds1 however1
 furnish but a part1 some of them but a 
small portion of the money necessary to 
complete the work2 and some states      
undertaking public improvements may not 
have the lands or other property to     
constitute such a fund4 ,the state      
therefore borrows the money for a long  
term of years1 and depends upon the     
income of the canal fund and the tolls  
to be collected on the canals1 for the  
repayment of the money borrowed4 ,should
 the revenues of the canal and of the   
canal fund be insufficient1 the         
deficiency may be supplied by taxation4 
,sec4#g4 ,the business of borrowing the 
money is done on the part of the state1 
by persons duly authorized1 who give for
 the money borrowed the bonds of the    
state1 which are written promises to pay
 the money at the times specified1 with 

interest at the rate agreed on2 the     
interest generally to be paid           
semi-annually4 ,these bonds are usually 
given in sums of #a1jjj each1 or less4  
,the debts of a state thus contracted by
 issuing bonds1 are called state stocks1
 as the capital1 or stock required to   
construct a state work is obtained by   
the sale of its bonds4 ,these bonds1    
like the certificates of stock in a     
rail-road or other corporate business   
company1 are transferable1 and may be   
bought and sold as promissory notes1 and
 constitute an important article of     
trade4  ,sec4#h4 ,these stocks are taken
 by men who have large sums of money to 
lend1 and who consider the state a      
responsible debtor2 because1 if it has  
no other sufficient means of paying its 
bonds1 the legislature has power to     
raise the money by taxation4 ,most of   
the states have contracted debts in this
 manner for various purposes4 ,state    
stocks are purchased and held not only  
by capitalists in this country1 but by  

many in ,europe4  ,sec4#i4 ,officers are
 appointed to manage the canal fund1 and
 others to superintend the canals4      
,there are also officers1 called canal  
collectors1 at suitable distances along 
the canals1 to collect the tolls1 which 
are charges paid by the masters or      
owners of boats for the use of the      
canal4  ,sec4#aj4 ,the states of ,new   
,york1 ,pennsylvania1 ,ohio1 and some   
other western states1 have prosecuted   
the canal enterprise on a large scale4  
,although large debts have been         
contracted for the construction of      
canals in these states1 the benefits    
derived from them more than compensate  
for the vast expense of their           
construction4  ,sec4#aa4 ,rail-roads1   
although they are of public utility1 are
 not properly public works1 being       
constructed by companies incorporated   
for that purpose4 ,the necessity for an 
act of incorporation is readily seen4   
,rail-roads pass through the lands of   
private individuals2 and without the    

authority of law1 the land of no person 
can be taken for such purpose2 nor can a
 law authorize it to be taken1 unless   
the work is one of general advantage2   
nor even in such case1 without          
compensation to the owner for his land2 
for it is declared by the state         
constitutions1 that private property    
shall not be taken for public use       
without just compensation4  ,sec4#ab4   
,if1 therefore1 the legislature deem a  
proposed railroad to be of public       
utility1 they pass an act to incorporate
 a company with the requisite powers to 
construct the road1 on making           
compensation for the land1 the value of 
which is to be estimated in such manner 
as the law prescribes4 ,the law also    
prescribes the manner in which the      
affairs of the road are to be conducted4
  ,sec4#ac4 ,the amount of capital to be
 employed by the company1 is mentioned  
in the act of incorporation1 or charter1
 and is raised in this way3 ,the amount 
of the capital1 or stock1 is divided    

into shares of #ajj1 or less4 ,persons  
wishing to invest money in the road1    
subscribe the number of shares they will
 respectively take4 ,when all the shares
 are thus sold and the money is paid in1
 the company is ready to proceed to the 
construction of the road4 ,the owners of
 these shares are called stockholders1  
who choose from among themselves such   
number of directors as the charter      
authorizes4 ,the directors elect from   
their number a president4  ,sec4#ad4    
,persons buying shares receive          
certificates signed by the proper       
officers1 stating the number of shares  
for which each certificate is given4    
,the holders of these certificates1 if  
they wish to make other use of the money
 they have invested in the business1 may
 sell their stock to others1 to whom    
they pass their certificates1 which are 
evidence of the amount of stock         
purchased4 ,thus these certificates are 
bought and sold as promissory notes4    
,sec4#ae4 ,stockholders depend1 for the 

reimbursement of their capital1 upon the
 money to be received for the           
transportation of passengers and        
freight4 ,such portion of the income of 
the road as remains after paying all    
expenses of running and repairs1 is     
divided semi-annually among the         
stockholders4 ,hence the sums thus      
divided are called dividends4 ,the      
earnings of some roads are so large as  
to make the investment a profitable one2
 so that the holder of shares is enabled
 to sell them at an advance4 ,when      
shares in the stock of any institution  
are sold at their nominal value1 the    
price named in the certificates1 the    
stock is said to be at par4 ,when they  
are sold for more or less than their    
nominal value1 they are said to be above
 or below par4 ,in large commercial     
cities1 as ,new ,york1 ,boston1         
,philadelphia1 and others1 the purchase 
and sale of state stocks1 and stocks in 
rail-roads1 banks1 c41 is a regular and 
extensive business of capitalists4      

,chapter ,,xxiv4  ,banks and ,insurance 
,companies4    ,sec4#a4 ,banks1 we are  
told1 were first instituted in ,italy1  
where certain ,jews assembled1 seated on
 benches1 ready to lend money1 and to   
exchange money and bills2 and banco     
being the ,italian name for bench1 banks
 took their title from this word4 ,the  
first banks are said to have been only  
places where money was laid up or       
deposited for safe-keeping4 ,but banks  
at the present day are not used for     
depositing alone4  ,sec4#b4 ,banks in   
this country can be established only by 
authority of law4 ,they are incorporated
 by an act of the legislature4 ,the     
capital stock is raised by the sale of  
shares1 and issue of certificates1 as in
 the case of rail-roads4 7,chap4        
,,xxiii41 ,sec4#ac47 ,the stockholders  
elect of their number 7usually7 thirteen
 directors1 who choose one of themselves
 as president4 ,the president and       
directors choose a cashier and clerks4  
,sec4#c4 ,merchants and others in       

commercial places1 deposit in banks1 for
 safe-keeping1 the money they receive in
 the course of business1 and then draw  
it out on their written orders as they  
have occasion to use it4 ,an order of   
this kind is called a check4  ,sec4#d4  
,persons depositing money only once1 or 
very seldom1 and intending to draw for  
the same at once1 usually receive from  
the cashier a certificate of deposit1   
which states the name of the depositor1 
the sum deposited1 and to whose order it
 is to be paid4 ,for the use of money   
deposited for any considerable period1  
banks agree to pay interest1 usually    
less1 however1 than the rate established
 by law4 ,certificates of deposit may1  
by indorsement1 be made transferable as 
promissory notes and other negotiable   
paper1 7,chap4 ,,lx41 ,sec4#b17 and are 
often remitted1 instead of money1 to    
distant places1 where1 by presenting    
them at a bank1 they may1 for a trifling
 compensation1 be converted into money4 
,sec4#e4 ,a material part of the        

business of banks is to assist merchants
 and others in transmitting money to    
distant places4 ,thus3 ,a1 in ,new      
,york1 wishing to send #a1jjj to ,b1 in 
,philadelphia1 puts the money into a    
bank in ,new ,york1 takes for it an     
order1 called draft1 on a bank in       
,philadelphia1 for that amount1 to be   
paid to ,b4 ,the draft is sent by mail  
to ,b1 who presents his draft at the    
bank1 and receives the money2 and the   
bank charges the amount to the ,new     
,york bank4  ,sec4#f4 ,but persons      
unacquainted with commercial business1  
especially young persons1 may not know  
how the bank in ,philadelphia is to be  
repaid4 ,in the course of trade between 
the two cities1 business men are        
constantly remitting money both ways    
through the banks1 which thus receive   
the money and draw upon each other4     
,thus millions of dollars may be        
annually transmitted between the two    
cities1 without any expense except the  
small charge of the banks for doing the 

business1 and without the risk of loss  
by accident or robbery which attends the
 conveyance of money in person4         
,sec4#g4 ,banks also lend money4 ,the   
borrower gives a note for the sum       
wanted1 signed by himself1 and indorsed 
by one or more others as sureties4 ,the 
cashier pays the money for the note1    
retaining out of it the interest on the 
sum lent1 instead of waiting for it     
until the note becomes due4 ,this is    
called discounting a note4  ,sec4#h4    
,the bills of banks pass as money4 ,a   
bank bill or note is a promise of the   
bank to pay the bearer a certain sum on 
demand1 signed by the president and     
cashier4 ,it passes as money1 because   
the bank is bound to pay it in specie if
 it is demanded4 ,paying notes thus is  
redeeming them4 ,when a bank is unable  
to redeem all its bills1 it is said to  
have failed1 or to be broken2 and the   
bill holders suffer loss1 unless some   
security has been provided4 ,this has   
been done in some states by making the  

stockholders individually liable for the
 redemption of the bills2 that is1 the  
property owned by them as individuals   
may be taken and sold on execution for  
that purpose4 ,such security1 however1  
has never been generally provided4      
,sec4#i4 ,but a system of banking1      
sometimes called free banking1 has more 
recently been adopted in some states4   
,it is so called1 because the business  
of banking is thrown open to all by a   
general law4 ,any person1 or any number 
of persons1 may1 by complying with the  
provisions of this general law1         
establish a bank without a special law  
for this purpose4 ,hence it is also     
called the general banking system4      
,sec4#aj4 ,persons1 before commencing   
business under this law1 must put into  
the hands of the proper state officers  
ample securities for the redemption of  
their bills2 and they may not issue     
bills to a greater amount than the      
amount of their securities4 ,these      
securities must consist of approved     

state stocks1 or ,united ,states stocks1
 or partly of public stocks1 and partly 
of real estate4 ,when a bank fails1 the 
lands and stocks held in pledge by the  
state are sold1 and the avails are      
applied to the redemption of the bills4 
,this system of banking seems to be     
growing into public favor4  ,sec4#aa4   
,insurance companies also are authorized
 by law4 ,their business is to insure   
persons against loss by fire4 ,the      
corporators1 on being paid a small sum1 
consisting generally of a certain       
percentage on the amount for which the  
property is insured1 promise to pay such
 amount if the property shall be        
destroyed by fire4 ,there are companies 
also for insuring vessels at sea2 and   
life insurance companies1 that agree to 
pay1 in case of the death of the person 
insured1 a certain sum for the benefit  
of his family1 or of some other person  
named in the policy4 ,the word policy as
 here used1 means the writing containing
 the terms or conditions on which the   

company agrees to indemnify the person  
insured in case of loss4 ,the money paid
 to obtain insurance1 is called premium4
  ,sec4#ab4 ,the profits of the         
stockholders consist of the excess of   
money received for premiums over the    
amount paid out for losses4 ,thus1 if a 
company has issued #b1jjj policies1 each
 covering property of an average amount 
of #a1jjj1 the amount of risk is        
#b1jjj1jjj2 and if the rate of insurance
 is one per cent41 the amount received  
in premiums is #bj1jjj4 ,hence1 if none 
of the #b1jjj buildings is burned within
 the time the insurance is to run1 the  
#bj1jjj are gained4 ,if ten of them     
should be burned1 there would still be a
 gain of #aj1jjj4 ,if twenty should be  
destroyed1 there would be no gain1 but  
an actual loss to the amount of the     
expenses of the concern4  ,sec4#ac4 ,but
 from the average number and amount of  
losses annually for many years1         
companies are enabled so to fix the     
rates of insurance as to give the       

stockholders a fair profit on their     
capital4 ,the rates are not the same on 
all kinds of property2 a higher per     
centage is charged on that which is     
deemed hazardous1 or more exposed to    
fire1 than on that which is less        
exposed4 ,the profits on the business of
 the company1 or the dividends1 as they 
are called1 are annually or             
semi-annually divided among the         
stockholders1 in proportion to the      
amount of their respective shares4      
,sec4#ad4 ,there is another kind of     
insurance companies1 which differ       
materially from the stock companies     
described in the preceding sections4    
,they are mutual insurance companies4   
,they are so called because the members 
unite in insuring each other4 ,every    
person having his property insured by   
such a company is a member of it4 ,he   
has his buildings and the property in   
them valued2 and pays a certain rate per
 cent4 on such valuation4 ,a fund is    
thus raised out of which any member     

suffering loss by fire is paid the      
amount for which the property was       
insured4 ,when the fund is exhausted1 it
 is again supplied by a tax assessed    
upon the members in proportion to the   
amounts for which they are respectively 
insured4     ,chapter ,,xxv4  ,the      
,militia4    ,sec4#a4 ,it is the        
practice of governments to keep their   
respective countries prepared to defend 
themselves against foreign enemies4 ,for
 this purpose all men liable to do      
military duty are enrolled1 and are     
required to meet on certain days every  
year for instruction in the art of war1 
in order to be ready for actual service 
whenever it shall be required4 ,the body
 of soldiers thus enrolled are called   
the militia4 ,there are other words     
which are sometimes applied to bodies of
 soldiers2 as infantry1 which means the 
soldiers or troops who serve on foot2   
cavalry1 the troops on horses2          
artillery1 those who manage the cannon  
and other heavy weapons of war4 ,but all

 troops are comprehended in the general 
term1 militia4  ,sec4#b4 ,the militia of
 a state1 or a portion of them1 may also
 be needed to aid in executing the laws 
of the state1 and in suppressing        
insurrection or rebellion4 ,an          
insurrection is a rising against the    
public authority1 or the attempt of     
persons to prevent the execution of a   
law4 ,rebellion generally means nearly  
the same as insurrection2 but more      
properly it signifies a revolt1 or an   
attempt to overthrow the government to  
establish a different one4 ,as it is the
 duty of an executive to see the laws   
executed1 power is given by the         
constitution to the governor to call out
 a sufficient military force for this   
purpose4  ,sec4#c4 ,all able-bodied     
white male citizens of the ,united      
,states1 between the ages of eighteen   
and forty-five years1 are liable to     
perform military service in the states  
in which they reside1 except such as are
 exempt by the laws of the states and of

 the ,united ,states4 ,persons exempt by
 the laws of the states are generally   
the following3 ,ministers of the gospel2
 commissioned officers of the militia   
having served a certain number of years2
 members of uniformed companies having  
served for a specified time2 members of 
fire companies2 certain public officers 
while in office2 and in some states     
teachers and students of colleges1      
academies1 and common schools2 and a few
 others4  ,sec4#d4 ,persons exempt by   
the laws of the ,united ,states are the 
vice-president1 the subordinate         
executive and all the judicial officers 
of the government of the ,united        
,states2 members of congress and its    
officers2 custom-house officers and     
their clerks2 post-officers and drivers 
of mail stages2 ferrymen employed at    
ferries on post-roads2 pilots and       
mariners4  ,sec4#e4 ,by the             
constitutions of the several states1 the
 governors are made the                 
commanders-in-chief of the militia of   

their respective states2 and by the     
constitution of the ,united ,states1 the
 president is made commander-in-chief of
 the army and navy of the ,united       
,states1 and also of the militia of the 
states when called out into actual      
service4 ,it has already been remarked1 
7,sec4#b17 that the military force of   
the state is at the command of the      
executive to protect the government and 
its citizens4 ,so the president was     
thought the proper person to have       
command of the public forces1 to execute
 the laws of the ,united ,states1 to    
repel invasion1 and to carry on war4    
,hence the governors and the president  
are not among the public officers who   
are exempt from military duty4  ,sec4#f4
 ,persons who1 having been duly         
notified1 refuse to appear at military  
parades1 or1 appearing without being    
equipped as the law directs1 are tried  
by a military court1 called court       
martial1 consisting usually of three    
military officers1 or of such other     

persons as may be appointed according to
 the law of the state4 ,if the persons  
tried do not show good cause for their  
delinquency1 they are fined in such sums
 as the law prescribes4 ,in certain     
cases courts may consist of more than   
three members4  ,sec4#g4 ,the highest   
militia officer1 except the governor1 is
 the adjutant-general of the state2 who 
keeps a list of all the higher          
commissioned officers1 containing the   
dates of their commissions1 their rank1 
the corps 7pronounced core7 they belong 
to1 the division1 brigade1 and regiment1
 and their places of residence4 ,he     
distributes all orders from the         
commander-in-chief 7the governor17 to   
the several divisions2 attends public   
reviews where the commander-in-chief    
reviews the militia2 and obeys all      
orders from him relative to carrying    
into execution the system of military   
discipline established by law4  ,sec4#h4
 ,there is also in some states a        
commissary-general1 who has the care of 

the arsenals and magazines1 and the     
articles deposited in them4 ,an arsenal 
is a building in which are kept cannon1 
muskets1 powder1 balls1 and other       
warlike stores2 all of which are to be  
kept in repair and ready for use4       
,sec4#i4 ,there are persons who1        
believing all wars to be wrong1 can not 
conscientiously do military service4 ,as
 it is the object of our government to  
secure to every person the liberty of   
conscience as well as other rights1 the 
constitutions of many of the states     
provide1 that those who are averse to   
bearing arms1 may be excused by paying  
annually a sum of money instead of      
rendering the service4 ,but it may well 
be doubted whether compelling a man to  
pay the money is not itself a violation 
of the right of conscience4 ,many       
persons conceive it to be no less       
morally wrong to commute for the service
 than to perform it4 ,in some states1   
all persons belonging to the society of 
,friends1 usually called ,quakers1 are  

exempt without the payment of an        
equivalent in money4  ,sec4#aj4 ,in the 
states of ,new ,york and ,ohio1 the rank
 and file of the militia are not        
required to train in time of peace4     
,persons liable to perform military     
service1 except those connected with the
 uniformed companies1 are enrolled in   
the militia2 but instead of doing duty1 
they pay annually a small tax1 which is 
in ,new ,york fifty cents1 and in ,ohio 
fifty cents1 or a day's highway labor4  
,sec4#aa4 ,laws abolishing trainings and
 musters of the great body of the       
militia1 are1 it is believed1 growing   
into favor1 and for these among other   
reasons3 ,first1 the militia system     
produces no material improvement in     
discipline2 secondly1 the expenditure of
 time and money in these useless        
exercises1 and for arms and equipments1 
are burdensome to many citizens2 and    
thirdly1 there is no probability of an  
occasion requiring a large portion of   
the militia to be so suddenly called    

into service as to allow no time for    
preparation4 ,volunteer companies like  
those kept up and disciplined in the    
states above named1 and the standing    
army of the nation1 are deemed          
sufficient for any supposable emergency4
  ,sec4#ab4 ,happily the practice of    
settling disputes between nations by    
war1 is becoming less popular in        
civilized and ,christian communities4   
,war is a dreadful evil1 and ought to be
 discouraged1 and1 if possible1 avoided4
 ,were governments so disposed1 they    
might in most cases settle their        
differences as individuals do1 by       
submitting them to the judgment of a    
third party4 ,if the love of military   
honor were less encouraged1 and the     
principles of peace duly inculcated1 the
 time would be hastened when nations    
shall learn war no more4                
,government of the ,united ,states4     
,chapter ,,xxvi4  ,causes of the        
,revolution4    ,sec4#a4 ,the plan of   
government in this country is peculiar4 

,to a person previously unacquainted    
with our political institutions1 it     
might seem strange1 after having read   
the foregoing description of the state  
governments1 to be told that there is   
still another and a different government
 to which the people are subject4 ,how  
the people of more than thirty states1  
all having complete and distinct        
governments1 can at the same time be    
subject to another government1 also     
complete in all its parts1 he would not 
immediately understand4 ,he would not   
know what is meant by the government of 
the ,united ,states4 ,how the states1   
all having governments of their own1 can
 be united in one government1 he would  
not readily perceive4  ,sec4#b4 ,we     
shall therefore proceed to a description
 of the government of the ,united       
,states1 from which will appear the     
relation between that government and the
 state governments4 ,it will also appear
 that the state governments1 each of    
which has in itself a great deal of     

machinery1 all move in harmony with the 
great political machine--the government 
of the ,united ,states4 ,it is easy to  
see that a knowledge of these           
governments is important to the people  
who live under them1 as every freeman   
exercises a part of the governing power1
 both in the government of his own      
state1 and in the general government4   
,sec4#c4 ,to assist the reader in       
understanding the constitution and      
government of the ,united ,states1 we   
shall first give a sketch of the        
governments which preceded1 and of the  
principal causes which led to the       
revolution in the government of this    
country4 ,most of the youth who are of  
sufficient age to study this work1      
probably know that our present forms of 
government were not established by the  
early settlers in this country4 ,the    
first inhabitants were colonists4 ,a    
colony is a settlement of persons in a  
distant place or country1 who remain    
subject to the government of the state  

or country from which they removed4 ,the
 ,american colonies which have become   
the ,united ,states1 were chiefly       
settled from ,great ,britain1 and were  
under her jurisdiction4  ,sec4#d4 ,the  
political rights and privileges enjoyed 
by the colonists as ,british subjects1  
were very limited1 and were conferred by
 the charters of the king4 ,the people  
had not then1 as now1 constitutions of  
their own choice4 ,there were colonial  
governments2 but they were such as the  
king was pleased to establish1 and might
 be changed at his pleasure4 ,these     
governments were in form somewhat       
similar to that of our state            
governments4 ,there was what might be   
called a legislature2 also an executive 
or governor2 and there were judges4     
,sec4#e4 ,but of the officers of these  
departments of the government1 only the 
members of one branch of the law-making 
power were elected by the people4 ,the  
other branch was composed of a small    
number of men1 called a council2 but    

they were appointed by the king and     
subject to his control1 as was also the 
governor1 who had the power of an       
absolute negative or veto to any        
proposed law4 ,and laws after having    
received the assent of the governor1    
must be sent to ,england and approved by
 the king1 before they could go into    
effect4  ,sec4#f4 ,hence we see that the
 colonists had no security for the      
passage of such laws as they wanted4    
,and the consequence was1 that they were
 often denied good and wholesome laws1  
by the refusal of the king to sanction  
them4 ,not only so2 many laws enacted by
 parliament were very unjust and        
oppressive4 ,the object of these laws   
was to secure to ,great ,britain alone  
the trade of the colonies4 ,one law     
declared that no goods should be        
imported by the colonists but in        
,english vessels2 if brought in other   
vessels1 both the goods and vessels were
 to be forfeited to the ,british        
government4  ,sec4#g4 ,another law      

required such articles as ,england      
wanted1 to be transported to that       
country and other countries belonging to
 ,great ,britain4 ,the colonists were   
permitted to ship to foreign markets    
such products only as ,english merchants
 did not want4 ,they were prohibited    
from selling abroad any wool1 yarn1 or  
woolen manufactured goods4 ,this was    
done to keep the markets open for       
,british wool and manufactures4 ,another
 law declared that no iron wares of any 
kind should be manufactured here4 ,thus 
was it attempted to suppress            
manufactures in the colonies4  ,sec4#h4 
,hence we see that it was the policy of 
the ,british government to compel the   
colonists to buy of ,england all the    
goods they wanted which they did not    
themselves produce1 and to sell to      
,england the surplus productions of the 
colonies4 ,for this purpose1 heavy      
duties were laid upon goods imported    
into the colonies from other countries  
than ,great ,britain and her            

possessions4 ,these duties were taxes   
levied upon goods brought into the      
colonies from abroad1 and were collected
 by officers here from the persons      
importing the goods4  ,sec4#i4 ,the     
following facts will explain to the     
young reader more clearly the nature and
 effects of these duties3 ,the colonists
 traded with the ,west ,india islands1  
some of which belonged to ,great        
,britain1 some to ,france1 and some to  
,spain4 ,to secure the whole trade1 the 
,british government imposed high duties 
upon the molasses1 sugar and other      
articles imported into the colonies from
 the ,french and ,spanish islands4 ,the 
people of the colonies could therefore  
avoid the payment of these duties only  
by importing the above mentioned goods  
from the ,british islands4  ,sec4#aj4   
,not satisfied with these acts1         
parliament claimed the right to tax the 
colonies1 in all cases whatsoever2 and  
an act was passed accordingly1 laying   
duties upon all tea1 glass1 paper1 c41  

imported into the colonies2 and the     
money thus collected was put into the   
,british treasury4 ,the colonists       
petitioned the king and parliament to   
repeal these obnoxious laws2 but their  
petitions were denied4 ,having given up 
all hope of relief1 congress1 which was 
a body of delegates from the several    
colonies1 declared the colonies to be   
free and independent states1 no longer  
subject to the government of ,great     
,britain4 ,this declaration was         
maintained by a war which lasted about  
seven years1 when ,great ,britain gave  
up the contest1 and acknowledged the    
independence of the states2 and the     
revolution was accomplished4            
,chapter ,,xxvii4  ,nature of the ,union
 under the ,confederation4    ,sec4#a4  
,as early as the year #aggd1 the        
colonies united in the plan of a        
congress1 to be composed of delegates   
chosen in all the colonies1 for the     
purpose of consulting on the common good
 and of adopting measures of resistance 

to the claims of the ,british           
government4 ,the first great continental
 congress met on the #dth of ,september1
 #aggd4 ,another congress assembled in  
,may1 #agge4 ,this congress adopted     
sundry measures having reference to war1
 and finally made the declaration of    
independence1 ,july #dth1 #aggf4 ,the   
continental congress1 the members of    
which were chosen by the state          
legislatures1 conducted the affairs of  
the nation until near the close of the  
war4  ,sec4#b4 ,with a view to a        
permanent union of the colonies under a 
general government1 the congress1 in    
,november1 #aggg1 agreed upon a frame of
 government1 contained in certain       
articles1 called1 ,articles of          
,confederation and perpetual ,union     
between the ,states4 ,these articles    
were to go into effect when they should 
have received the assent of all the     
states4 ,but as the consent of the last 
state 7,maryland7 was not obtained until
 ,march1 #agha1 they went into operation

 only about two years before the close  
of the war4  ,sec4#c4 ,as a plan of     
national government1 the confederation  
was soon found to be very defective4    
,the union formed under it was a very   
imperfect one4 ,having been framed in   
time of war1 it had respect to the      
operations of war rather than to a state
 of peace4 ,although it answered some   
good purpose in carrying on the war1 it 
was not well adapted oven to the        
condition of the country then existing4 
,its defects appeared almost as soon as 
it went into effect2 and after the      
return of peace1 it was found that the  
union1 instead of being strengthened and
 perpetuated by it1 could be preserved  
only by a radical change in the system  
of government4  ,sec4#d4 ,the leading   
defect of the confederation was its     
weakness4 ,congress could do little more
 than to recommend measures4 ,as it     
could not legislate directly upon       
persons1 its measures were to be carried
 into effect by the states2 but the     

states were not in all cases willing1   
and some of them did at times refuse to 
do so1 and congress could not compel    
them4 ,it belonged to congress to       
determine the number of troops and the  
sums of money necessary to carry on the 
war1 and to call on each state to raise 
its share2 but congress could not       
enforce its demands4 ,it borrowed money 
in its own name1 but it had not the     
means of paying it4 ,it had no power to 
lay and collect taxes2 this power was   
reserved to the states4  ,sec4#e4 ,hence
 we see that congress was dependent for 
every thing upon the good will of       
thirteen independent states4 ,it is a   
wonder that a government of such        
inherent weakness should bring the war  
to a successful issue4 ,it was a sense  
of danger from abroad1 rather than any  
power in the government1 that induced a 
sufficient compliance with the          
ordinances of congress to achieve the   
independence of the states4  ,sec4#f4   
,on the restoration of peace1 new       

difficulties arose4 ,we have already    
spoken of the want of power in congress 
to lay and collect taxes for war        
purposes4 ,money was now wanted to      
discharge the public debt1 and to pay   
the current expenses of the government2 
yet congress had no power to raise it1  
either by a direct tax upon the persons 
or property of the citizens1 or         
indirectly by duties on goods imported1 
as at present under the constitution4   
,the power to lay and collect duties was
 with the states2 but it was of little  
use so long as each state could impose  
such duties as it chose4 ,the states    
being unable to agree upon a uniform    
rate of duties1 the goods would be      
imported into states which levied the   
lowest duties4 ,it was expedient1 if it 
had been possible1 to borrow more money 
on the credit of the union1 as the heavy
 debt contracted during the war remained
 unpaid1 and congress had no means of   
paying it4  ,sec4#g4 ,but the inability 
to raise money was not the only         

difficulty that attended the want of    
power by congress to lay duties4 ,this  
power was necessary also to regulate the
 foreign trade4 ,we have already        
remarked1 that it was the policy of     
,great ,britain before the revolution to
 secure in the colonies a market for her
 manufactures4 7,chap4 ,,xxvi47 ,not    
only so2 she had by her navigation acts1
 for more than a hundred years1 imposed 
heavy duties upon foreign vessels coming
 into her ports1 in order to secure the 
carrying trade to her own shipping4 ,in 
addition to this1 she also levied high  
duties upon the produce of the states   
sent to pay for the goods we were       
obliged to buy of her1 our own people   
not having as yet the means1 nor having 
had time1 to establish manufactories1   
and to manufacture for themselves4      
,sec4#h4 ,another of the numerous       
troubles which arose from this imperfect
 union was the want of peace and harmony
 between the states4 ,laws were enacted 
in some states with a view to their own 

interests1 which operated injuriously   
upon other states4 ,this induced the    
latter states to retaliate1 by passing  
laws partial to themselves and injurious
 to the former4 ,the states soon became 
disaffected toward each other2 and their
 mutual jealousies and rivalries and    
animosities at length became so great as
 to cause fears that some of the states 
would become involved in war among      
themselves1 and that the union would be 
broken up4  ,sec4#i4 ,in the hope of    
remedying the difficulty last mentioned1
 an attempt was made to procure the     
insertion1 into the articles of         
confederation1 of a provision giving to 
congress the power to regulate trade2   
but the attempt failed4 ,in ,january1   
#aghf1 the legislature of ,virginia     
proposed a convention of commissioners  
from all the states1 to take into       
consideration the situation and trade of
 the ,united ,states1 and the necessity 
of a uniform system of commercial       
regulations4  ,sec4#aj4 ,a meeting was  

accordingly held at ,annapolis1 in      
,september1 #aghf2 but as commissioners 
from only five states attended1 viz41   
,new ,york1 ,new ,jersey1 ,pennsylvania1
 ,delaware1 and ,virginia1 the          
commissioners deemed it unadvisable to  
proceed to business relating to an      
object in which all the states were     
concerned2 but they united in a report  
to the several states and to congress1  
in which they recommended the calling of
 a general convention of delegates from 
all the states1 to meet in ,philadelphia
 on the #b;d ,monday of ,may1 #aghg1    
with a view not only to the regulation  
of commerce1 but to such other          
amendments of the articles of           
confederation as were necessary to      
render them adequate to the exigencies  
of the union4  ,sec4#aa4 ,in pursuance  
of this recommendation1 congress1 in    
,february1 #aghg1 passed a resolution   
for assembling a convention4 ,all the   
states1 except ,rhode ,island1 appointed
 delegates1 who met pursuant to         

appointment2 and framed the present     
constitution of the ,united ,states4    
,they also recommended it to be laid by 
congress before the several states1 to  
be by them considered and ratified in   
conventions of representatives of the   
people4 ,conventions were accordingly   
called for this purpose in all the      
states1 except ,rhode ,island1 and the  
constitution was ratified by all of them
 in which conventions had been called1  
except ,north ,carolina4  ,sec4#ab4 ,the
 constitution was to go into effect if  
ratified by nine states4 ,the ninth     
state1 ,new ,hampshire1 sent its        
ratification to congress in ,july1      
#aghh2 and measures were taken by       
congress to put the new constitution    
into operation4 ,ratifications were     
received from ,north ,carolina and      
,rhode ,island the year after the       
organization of the new government4     
,chapter ,,xxviii4  ,nature of the      
,union under the ,constitution4         
,sec4#a4 ,having given1 in the preceding

 chapter1 a sketch of the union under   
the confederation1 we shall next show   
the nature of the union under the       
present constitution1 commencing with a 
brief comparison of the leading features
 of the two systems of government4      
,sec4#b4 ,the former union was a mere   
confederacy4 ,a confederacy is a league1
 a federal compact4 ,the word federal is
 from the ,latin fadus1 a league1 or    
alliance4 ,hence a confederacy is a     
combination or union of two or more     
parties1 whether persons or states1 for 
their mutual benefit and assistance4    
,and let it be here particularly noted1 
that this union was a union of states1  
as states4 ,the articles of             
confederation were framed by congress1  
whose members were appointed by the     
state legislatures1 and1 when framed1   
were submitted to the state legislatures
 for ratification4  ,sec4#c4 ,on the    
other hand1 the union under the         
constitution is a union1 not of the     
states1 as such1 but of the people of   

the states4 ,thus it is expressed in the
 preamble to the constitution3 ,we1 the 
people of the ,united ,states1 in order 
to form a more perfect union1 444 do    
ordain and establish this constitution  
for the ,united ,states of ,america4    
,and the constitution was submitted for 
ratification1 not to the state          
legislatures1 but to conventions whose  
members were elected by the people for  
that purpose4  ,sec4#d4 ,the states     
under the confederation were            
independent1 not only of each other1 but
 of the general government4 ,true1 they 
agreed1 for their common defense and    
mutual welfare1 to do certain things2   
and certain other things they agreed not
 to do1 but delegated to congress the   
power to do them2 but1 as we have seen1 
congress had not the power to compel the
 states to obey its requisitions4 ,by   
the constitution1 the states have given 
up a greater portion of their           
sovereignty to the general government1  
which has power1 in certain cases1 to   

control the state governments1 and to   
enforce its laws upon them and upon     
individuals4  ,sec4#e4 ,again1 under the
 confederation1 as in confederacies     
generally1 the states were equal4 ,they 
were entitled to an equal number of     
delegates in the congress1 in which they
 voted by states1 each state having one 
vote2 that is1 if a majority of the     
delegates of a state voted in favor of  
or against a proposed measure1 the vote 
of the state was so counted2 and a      
proposition having in its favor a       
majority of the states1 was carried4    
,every state was entitled to seven      
delegates2 but there must be at least   
two delegates present and voting1 in    
order to give a state vote2 and if an   
equal number of the delegates of a state
 voted for and against a proposition1   
the state was said to be divided1 and to
 have no vote4  ,sec4#f4 ,under the     
constitution there are two branches of  
congress1 in one of which the number of 
representatives of each state is in     

proportion to its population2 in the    
other1 7the senate17 the states are     
equally represented1 on the principle of
 the confederation1 though by two       
senators only4 ,but the vote in both is 
taken1 not by states as under the       
confederation1 but per capita1 that is1 
by the head or poll1 the vote of each   
member counting one4  ,sec4#g4 ,the     
articles of confederation were framed by
 congress1 the members of which were    
appointed by the state legislatures2 and
 the articles1 when framed1 were        
submitted for ratification to the state 
legislatures4 ,the constitution was     
framed by a convention of delegates from
 the states appointed for that purpose2 
and was ratified1 not by the state      
legislatures1 but by state conventions  
whose members were elected by the people
 of the several states4  ,sec4#h4 ,the  
former union1 as has been remarked1 was 
a mere ,confederacy1 composed of        
independent states1 and united simply   
for purposes of defense and their mutual

 safety4 ,in most respects they had no  
more political connection than so many  
different nations4 ,the people of a     
state were not1 properly speaking1      
citizens of the ,united ,states1 but    
only citizens of the state in which they
 lived4 ,but by the constitution1 the   
people of the states were incorporated  
into a nation2 and a citizen of a state 
is also a citizen of the ,united        
,states4 ,the government of the         
confederation1 although sometimes called
 the national government1 was not really
 such1 nor was it generally so regarded1
 as appears from the proceedings of the 
convention that framed the constitution4
  ,sec4#i4 ,among the earliest          
proceedings of the convention was the   
offering of a resolution1 declaring that
 a national government ought to be      
formed1 consisting of legislative1      
judiciary1 and executive4 ,this         
resolution was strongly opposed by a    
large portion of the delegates1 because 
it proposed to establish a national     

government4 ,they were in favor of      
continuing the confederation with a     
slight enlargement of the powers of     
congress1 so as to give that body the   
power to lay and collect taxes1 and to  
regulate commerce4 ,but the friends of a
 national government prevailed2 and we  
have now a complete government1         
consisting of the three departments1    
legislative1 executive1 and judicial4   
,sec4#aj4 ,under the confederation1     
there was no executive to execute the   
ordinances of congress2 nor a national  
judiciary1 the state courts being used  
for all judicial purposes4 ,there was   
only a legislature2 and that consisted  
of a single body1 called the congress1  
appointed by the state legislatures1 and
 having scarcely power enough to entitle
 it to the name of legislature4         
,sec4#aa4 ,but1 although the present    
government1 with these three departments
 of power1 and controlling1 in matters  
of general concern1 the action of the   
state governments and of individuals1 is

 properly a national government2 yet it 
is not wholly such1 but partly national 
and partly federal2 some of the federal 
features of the confederation having    
been retained in the constitution1 as   
will appear on a further examination of 
this instrument4 ,hence the union is    
still called1 with propriety1 the       
federal union1 and the government the   
federal government4     ,chapter ,,xxix4
  ,legislative ,department4 ,house of   
,representatives4    ,sec4#a4 ,the first
 article of the constitution describes  
the manner in which the legislature is  
formed1 and prescribes its principal    
powers4 ,it declares1 ,all legislative  
powers herein granted shall be vested in
 a congress of the ,united ,states1     
which shall consist of a senate and     
house of representatives4 ,members of   
the old congress were appointed by the  
state legislatures for one year1 and    
might be recalled by them at any time4  
,representatives are now chosen for two 
years4 ,it was thought that a single    

session was too short a term for men in 
general to acquire the knowledge and    
experience necessary to a right         
performance of the responsible duties of
 a representative4 ,besides1 measures   
are often left unfinished at the close  
of a session2 and those who have once   
examined their merits and demerits1 can 
dispose of them more promptly than new  
members4  ,sec4#b4 ,the same clause     
declares that the electors in each state
 shall have the qualifications requisite
 for electors of the most numerous      
branch of the state legislature4 ,the   
qualifications of electors were various 
in the different states4 7,chap4 ,,vi1  
,sec4#h47 ,in some of them1 owners of   
property1 or tax-payers1 in others1     
freeholders only1 were voters4 ,in some1
 only the latter voted for the higher   
officers2 in a few1 suffrage was almost 
universal4 ,it was presumed that no     
state would object to its own rule for  
electing the popular branch of its      
legislature4 ,it is proper that a       

representative should be chosen directly
 by those whose wants he is to make     
known1 and whose rights he is to guard4 
,sec4#c4 ,a representative must1 at the 
time of his election1 have attained the 
age of twenty-five years2 and have been 
seven years a citizen of the ,united    
,states2 and he must be an inhabitant of
 the state in which he is chosen4 ,few  
young men1 on attaining the age of      
majority1 have the knowledge1 or        
experience1 or wisdom1 which is         
requisite to qualify them for the       
responsible duties of a representative4 
,nor is it to be presumed that an alien1
 at the earliest period at which he may 
become a naturalized citizen1 would be  
sufficiently familiar with our          
institutions and the wants of our people
 to be a competent representative4      
,sec4#d4 ,the next clause prescribes the
 rule of apportionment4 ,representatives
 and direct taxes shall be apportioned  
among the several states1 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 ,to  
the younger class of readers1 this part 
of the clause needs explanation4        
,sec4#e4 ,the convention found it very  
difficult to agree upon a rule of       
apportionment4 ,in the first place1 the 
states1 as will be recollected1 were    
entitled to an equal number of delegates
 in the old congress2 and each state had
 one vote4 ,but as each member of the   
house of representatives was to have a  
vote1 the small states opposed a        
representation according to numbers1    
while the large states as strenuously   
insisted upon it4  ,sec4#f4 ,in the next
 place1 the slaveholding states claimed 
a representation according to numbers   
including slaves2 the non-slaveholding  
states insisted on a representation     
according to the number of free persons4
 ,it may here be observed1 that slavery 

then existed in all the states except   
,massachusetts2 but as the slaves were  
so few in the northern states1 in which 
slavery has been since abolished1 the   
latter are generally spoken of as if    
they were at that time non-slaveholding 
states4 ,the controversy on this point  
rose so high1 and the parties were for a
 long time so unyielding1 that fears    
were entertained of a sudden dissolution
 of the convention4  ,sec4#g4 ,it became
 evident that the question could be     
settled only by compromise4 ,the        
northern states consented that in       
ascertaining the number of persons to be
 taken as the basis of apportionment1   
three-fifths of the slaves should be    
added to the number of free persons4    
,and as these states had opposed the    
computation of any slaves in fixing a   
rule of apportionment1 on the ground    
that slaves are property1 and that no   
property in these states entitled its   
owners to representation1 the southern  
states consented1 on their part1 that   

direct taxes should be apportioned on   
the same basis as representatives4      
,sec4#h4 ,to illustrate this rule by an 
example3 ,suppose a state to contain    
#fjj1jjj free persons1 and #ejj1jjj     
slaves4 ,adding three-fifths of the     
number of slaves1 7#cjj1jjj7 to the     
number of free persons1 gives #ijj1jjj  
as the number of the representative     
population3 and the state would be      
entitled to three representatives for   
every two that a state would have which 
contained #fjj1jjj free inhabitants and 
no slaves4 ,so in apportioning taxes    
according to population1 the state in   
the case we have supposed1 would have to
 raise three dollars for every two that 
it would raise if no slaves were        
counted4  ,sec4#i4 ,but the advantages  
of this arrangement are more unequal    
than may at first sight appear1 or than 
was anticipated by the framers of the   
constitution4 ,the benefits are chiefly 
on the side of the slaveholding states4 
,in the first place1 two-fifths of a    

large class of property in these states 
is exempt from taxation1 while all the  
property in the free states is liable to
 taxation4 ,of this the framers were    
aware4 ,but they did not foresee the    
fact1 that the laying of direct taxes   
would be unnecessary1 and that the slave
 states would consequently escape       
taxation for their slaves4 ,only three  
direct taxes have been laid2 and it is  
not probable that another will become   
necessary2 the treasury being supplied  
from other sources1 chiefly by duties on
 imports4  ,sec4#aj4 ,now1 although     
nothing is gained by the slave states1  
nor is anything lost by the free states1
 by the exemption of the two-fifths of  
the slaves from taxation1 since direct  
taxes are unnecessary2 there is a great 
gain to the slave states1 which have    
between thirty and forty representatives
 for what their laws hold to be property
 to all intents and purposes whatsoever1
 for which the free states have nothing 
in return4  ,sec4#aa4 ,the constitution 

does not limit the house to any definite
 number of representatives2 it only     
declares that the number shall not      
exceed one for every #cj1jjj            
inhabitants4 ,it requires an enumeration
 of the inhabitants every ten years2 and
 the next congress thereafter determines
 the ratio of representation and the    
number of representatives1 and          
apportions them among the states4 ,the  
word ratio signifies rate1 or           
proportion4 ,it here means the number or
 portion of the inhabitants entitled to 
a representative4  ,sec4#ab4 ,but as a  
representative for every #cj1jjj        
inhabitants1 after the population became
 very numerous1 would have made the     
house too large to transact business    
with due dispatch1 and would have       
unnecessarily increased the public      
expense1 the ratio of representation has
 from time to time been increased4 ,but 
to whatever number the ratio may be     
raised1 the constitution expressly      
declares1 that each state shall have at 

least one representative4 ,neither      
,delaware nor ,florida had1 in #ahej1 a 
population equal to the present ratio2  
and without the above constitutional    
provision1 these states would have been 
deprived of a representation in the     
house1 unless congress had adopted a    
smaller ratio4  ,sec4#ac4 ,it will be   
seen by reference to the constitution1  
that the number of representatives was  
for the time fixed at sixty-five4 ,after
 the first census1 taken in #agij1 the  
ratio was fixed at #cc1jjj1 which gave  
the house #ajf members4 ,after the      
census of #ahjj1 the same ratio was     
adopted1 and the number of members was  
#adb4  ,after #ahaj1 the ratio was      
#ce1jjj2 number of members #ahb4 ,after 
#ahbj1 the ratio was #dj1jjj2 number of 
members #bac4 ,after #ahcj1 the ratio   
was #dg1gjj2 number of members #bdj4    
,after #ahdj1 the ratio was #gj1fhj2    
number of members #bcc4  ,after #ahej1  
the ratio was #ic1jjj and a fraction1   
making the number of members #bcc1 of   

which ,california had one2 but in view  
of her rapid increase in population1 she
 was allowed an additional member1      
making1 in all1 #bcd4 ,minnesota has    
since been admitted into the ,union     
7#aheh7 with two members1 and ,oregon   
7#ahei7 with one member4  ,sec4#ad4     
,representatives are chosen by          
districts4 ,each state is divided by the
 legislature into as many districts as  
there are representatives to be elected 
in the state2 and one representative is 
chosen in each district4 ,in most of the
 states1 representatives are chosen at  
the general state election2 in the      
others1 there are special elections for 
choosing representatives4  ,sec4#ae4 ,by
 an act of congress1 every territory    
belonging to the ,united ,states in     
which a government has been established1
 is entitled to send a delegate to      
congress1 who has a right to take a part
 in the debates of the house1 but not   
the right of voting4     ,chapter ,,xxx4
  ,the ,senate4    ,sec4#a4 ,the senate 

of the ,united ,states shall be composed
 of two senators from each state2 chosen
 by the legislature thereof1 for six    
years2 and each senator shall have one  
vote4 7,art4 ,i1 sec4 #c47 ,the         
convention readily agreed upon dividing 
congress into two branches2 but1 as has 
been observed1 it was difficult to      
settle the mode of representation4 ,the 
delegates from the large states insisted
 upon a representation in proportion to 
numbers1 in the senate as well as in the
 house2 and the small states contended  
for equality in both branches4 ,the     
debate was long and animated2 and it    
became apparent that1 as in the case of 
slave representation in the house1 there
 must be a compromise4 ,this was at     
length effected2 the small states       
consenting to a proportional            
representation in the house1 and the    
large states to an equal representation 
in the senate4  ,sec4#b4 ,it has been   
remarked1 that the federative principle 
of the old system has been to some      

extent retained in the constitution4    
,both the equality of representation in 
the senate1 and the election of senators
 by the state legislatures1 are in      
strict conformity with the plan of the  
confederation1 and of simple            
confederacies generally4 ,different     
modes of electing senators were         
proposed2 but the one adopted by the    
convention seems preferable to any      
other4  ,sec4#c4 ,there is1 however1 in 
one particular1 a material difference   
between the plan of the old congress and
 that of the senate4 ,it is in the      
manner of voting4 ,in the former1 the   
vote was taken by states1 each state    
having but one vote2 7,chap4 ,,xxviii1  
,sec4#e17 in the latter1 the senators   
vote separately1 the vote of each       
senator counting one1 as in the house2  
and a question is decided by the united 
votes of a majority of the members1 and 
not by the vote of a majority of the    
states4 ,nor is the vote of a state lost
 if but one of its senators is present1 

as formerly4 ,if1 however1 the two      
senators vote on different sides of a   
question1 the effect is the same as     
when1 in the old congress1 the members  
from a state were equally divided4      
,sec4#d4 ,there were also various       
opinions as to the proper term of office
 of senators4 ,terms were proposed      
differing in length from three to nine  
years2 and a proposition was even made  
by one distinguished member to make the 
term continue during good behavior1     
which is practically for life4 ,there   
appear to be sound objections both to   
long and short terms4 ,it is urged by   
those in favor of the latter1 that an   
officer elected for a short term1       
especially if he desires a reelection1  
will have a strong inducement to please 
and faithfully serve those who are to   
elect or appoint him4  ,sec4#e4 ,others1
 however1 while they admit that short   
terms tend to insure responsibility on  
the part of a representative1 consider  
this argument more than counterbalanced 

by the objections to which a short term 
is liable4 ,looking to a reelection1 he 
may act with a view to his popularity   
rather than to the public good4 ,again1 
the oftener a legislature is changed1   
the more changeable and uncertain will  
be the laws4 ,men having invested their 
capital in a business enterprise1 and   
made a successful beginning under       
existing laws1 may be ruined by a sudden
 and unexpected change of governmental  
policy4  ,sec4#f4 ,in view of these     
objections to both long and short terms1
 a medium term of six years was adopted4
 ,this was believed to be short enough  
to keep up in a senator a feeling of    
responsibility1 and yet long enough to  
insure his acting independently and with
 a regard to the general interests of   
the nation4 ,although a bad senator may 
occasionally be kept too long in office 
by a six years' term1 cases also occur  
in which the act of a senator1          
especially in time of public excitement1
 is strongly condemned1 but upon calm   

and mature reflection meets the public  
approbation4  ,sec4#g4 ,the next clause 
of the third section provides for the   
gradual change of the senate4 ,one-third
 of the senators go out of office every 
two years4 ,in favor of this arrangement
 are two important considerations4      
,first1 it secures to the public at all 
times the benefit of the experience of  
at least two-thirds of the body4        
,whereas1 if the terms of all the       
senators expired at once1 their places  
might be supplied mainly by new members 
without the requisite knowledge and     
experience4 ,secondly1 while a long term
 is intended to guard against the too   
frequent changes in the laws1 it may    
also prevent1 for too long a time1 the  
amendment or the repeal of bad laws4    
,such amendment or repeal may be        
hastened by the election of new members 
in the place of the one-third who retire
 every two years4  ,sec4#h4 ,vacancies  
which happen in the representation of   
any state in the senate during the      

recess of its legislature1 may be filled
 by the governor until the next meeting 
of the legislature4 ,without this       
provision1 either the legislature must  
be assembled immediately to fill the    
vacancy1 or the state must remain in    
part1 or perhaps wholly unrepresented in
 the senate1 until the next regular     
session of the legislature4  ,sec4#i4   
,but an appointment may not be made by  
an executive before the vacancy actually
 happens4 ,in #ahbe1 the term of a      
senator was about to expire during the  
recess of the legislature of his state1 
which had failed at its previous session
 to appoint a successor4 ,as a special  
session of the senate was to be held    
immediately after the expiration of the 
senator's term1 the governor1 a few days
 before the term expired1 in            
anticipation of the vacancy1 reappointed
 the senator4 ,but the senate decided   
that1 as the appointment had been made  
before the vacancy happened1 the senator
 was not entitled to a seat4  ,sec4#aj4 

,the next clause prescribes the         
qualifications of senators4 ,a senator  
must have attained the age of thirty    
years1 and been nine years a citizen of 
the ,united ,states2 and he must1 when  
elected1 be an inhabitant of the state  
for which he is chosen4 ,as many of the 
duties of a senator require more        
knowledge1 experience1 and stability of 
character than those of a               
representative1 greater age and longer  
citizenship are required4 ,the nature of
 these duties will be noticed in        
subsequent chapters4  ,sec4#aa4 ,the    
seventh section of the first article    
provides for the passage of bills       
negatived1 or vetoed1 by the president4 
,bills returned by him with his         
objections1 become laws when passed by  
majorities of two-thirds of both houses2
 that is1 by two-thirds of the members  
present4 ,they also become laws if not  
returned by him within ten days         
7,sundays excepted7 after they have been
 presented to him1 unless their return  

is prevented by the adjournment of      
congress4  ,sec4#ab4 ,we have passed    
over several sections and clauses of    
this article without remark4 ,most of   
them are similar to some in the state   
constitutions1 which we have noticed2   
and the propriety of others is so       
readily perceived1 that any comment upon
 them is deemed unnecessary4            
,chapter ,,xxxi4  ,power of ,congress to
 lay ,taxes1 ,duties1 c42 ,power to     
,borrow ,money4    ,sec4#a4 ,having     
shown how the legislative department of 
the general government is constituted1  
we proceed to consider its powers4 ,it  
is thought proper1 however1 first to    
notice one important characteristic of  
the general government1 in which it     
differs from the state governments1 and 
the knowledge of which is necessary to a
 right understanding of the powers of   
the state and national governments      
respectively4  ,sec4#b4 ,the general    
government is a government of delegated 
powers2 that is1 powers which have been 

intrusted or delegated to it by the     
states1 or the people of the states4    
,having derived its powers from the     
states1 or the people1 it has such      
powers only as have been conferred by   
the constitution4 ,hence it is called a 
government of limited powers4 ,the      
states1 on the other hand1 existing     
before the general government1 and      
possessing entire sovereignty or supreme
 power1 may exercise all powers which   
they have not surrendered to the general
 government4 ,in other words1 their     
powers are unlimited1 except so far as  
they have parted with any of their      
original powers4  ,sec4#c4 ,most of the 
powers of congress are enumerated in the
 eighth section of the first article of 
the constitution4 ,the first in the list
 is in these words3 ,congress shall have
 power 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 imposts1 and excises    

shall be uniform throughout the ,u4     
,states4  ,sec4#d4 ,we have already     
noticed the want of such a power in the 
old congress4 ,the debt which had been  
contracted to carry on the war remained 
unpaid2 and congress1 as we have seen1  
had no power to raise money either to   
pay debts or to defray the current      
expenses of the government4 7,chap4     
,,xxvii3 ,sec4#d1 #f47 ,it could neither
 raise money by direct taxation2 that   
is1 by taxing the persons and property  
of the citizens1 nor by indirect        
taxation1 which is by duties4  ,sec4#e4 
,duties1 or customs1 are taxes on goods 
imported from1 or exported to1 a foreign
 country4 ,imposts are taxes on imported
 goods only4 ,duties on exports1        
however1 being deemed inexpedient1 are  
not laid by our government4 ,an excise  
is a tax neither on imports nor exports1
 but on articles produced and consumed  
in the country1 and on licenses to deal 
in certain commodities4 ,the money paid 
for license to sell spirituous liquors  

is an excise tax4  ,sec4#f4 ,duties are 
specific and ad valorem4 ,a specific    
duty is a specified sum of money charged
 upon every yard1 pound1 or gallon of   
any commodity4 ,thus1 a duty of ten     
cents on a pound of tea1 or of one      
dollar on a yard of cloth1 or of fifty  
cents on a gallon of wine1 is a specific
 duty4 ,ad valorem is a ,latin phrase1  
signifying according to the value4 ,an  
ad valorem duty is a certain per centage
 on the value or price4 ,thus1 thirty   
per cent1 on a yard of cloth costing two
 dollars1 is sixty cents2 on a yard     
costing three dollars1 ninety cents2 the
 sum charged being varied by the        
difference in the price or value4       
,sec4#g4 ,the power to lay duties is    
very properly qualified by the provision
 that all duties shall be uniform       
throughout the ,united ,states4 ,this   
was intended to prevent the giving of   
unjust preference to any one or more    
states over others4 ,without this       
restriction upon the exercise of this   

power1 the representatives of a part of 
the states might combine1 and by laying 
higher duties upon goods imported into  
other states1 than upon those imported  
into their own1 might turn the trade    
chiefly into the latter4 ,or they might 
in laying duties on exports1 impose high
 duties upon the productions of other   
states1 and low duties1 or none at all1 
upon the products of their own4         
,sec4#h4 ,although ,congress has power  
to lay direct taxes1 it has seldom been 
exercised4 ,the duties on foreign goods 
and on the vessels in which they were   
imported1 have been found sufficient for
 the payment of the public debt1 and for
 other government purposes4 ,the        
national debt in #agia was about        
#ge1jjj1jjj1 and1 in #ahjd1 had risen to
 #hf1jjj1jjj2 yet chiefly by duties was 
this debt reduced nearly one-half by the
 year #ahab4 ,by the war which commenced
 that year1 the debt was again          
increased1 being in #ahaf1 #abg1jjj1jjj4
 ,in #ahce1 this large debt had been1 in

 the manner stated1 entirely            
extinguished4  ,sec4#i4 ,the next power 
mentioned is the power to borrow money  
on the credit of the ,united ,states4   
,although ,congress may1 under the power
 to lay taxes and duties1 raise money to
 any extent1 a large amount may         
sometimes be wanted before it can be    
raised from the regular income or       
revenue of the nation1 or even before it
 could be raised by a direct tax1 which 
would be burdensome to the people4      
,hence the utility of the power to      
borrow money until it can be reimbursed 
from the national revenues4     ,chapter
 ,,xxxii4  ,power of ,congress to       
,regulate ,commerce4 ,commerce with     
,foreign ,nations4    ,sec4#a4 ,next in 
the list of powers is the power to      
regulate commerce with foreign nations1 
and among the several states1 and with  
the ,indian tribes4 ,the need of no     
power under the confederation was more  
deeply felt than the power to regulate  
foreign trade4 ,it was the want of this 

power1 as we have seen1 which was the   
more immediate cause of calling the     
convention that framed the constitution4
 7,chap4 ,,xxvii3 ,sec4#g-aa47 ,the     
necessity of this power arose mainly    
from the policy of ,great ,britain1 by  
which she had secured to herself undue  
advantages in her foreign commerce1     
especially in her trade with this       
country4  ,sec4#b4 ,during the war of   
the revolution1 the direct trade with   
,great ,britain was interrupted4 ,but   
when peace was restored1 our markets    
were again open to ,british goods and   
vessels1 while upon ,american produce   
and ,american vessels entering ,british 
ports1 heavy duties were levied4 ,to    
enable some young readers more clearly  
to understand the objects and the       
unequal operation of the policy of the  
,british government1 the subject may    
need some further illustration4         
,sec4#c4 ,one object was1 to secure a   
market at home for the products of      
agricultural labor4 ,how this is done by

 taxing foreign products1 will appear   
from the following example3 ,suppose the
 market value of a bushel of wheat in   
,great ,britain to be one dollar a      
bushel1 and the cost of raising the     
article here and carrying it to that    
market to be the same4 ,if now a duty of
 #dj cents a bushel is laid upon wheat  
from abroad1 the ,english consumer1     
instead of buying it with this duty     
added1 will buy of the ,english         
producer4 ,but more wheat is produced   
here than there is a market for2 and the
 ,american farmer must find a market    
abroad4 ,but in order to sell it in the 
,english market1 he must pay #dj cents  
on every bushel to the ,british         
government2 or1 which is the same thing 
in effect1 he must sell it for #dj cents
 a bushel less than its value to the    
,british purchaser1 who pays the duty to
 that government4  ,sec4#d4 ,now1 as    
much less ,american wheat will be sent  
to ,great ,britain than if it were free 
from duty1 a better market is secured to

 the ,english farmer4 ,besides this1 of 
the value of every bushel which ,great  
,britain may please to admit1 or which  
the people of other countries maybe     
obliged to sell to her1 #dj per cent1 is
 paid into her treasury4 ,thus by one   
operation1 are two benefits secured1    
namely1 the reward of agricultural labor
 at home1 and the raising of revenue4   
,so by the duties imposed upon foreign  
vessels entering her ports1 the national
 revenue was to some extent increased1  
and great advantages were secured to her
 citizens engaged in the carrying trade4
  ,sec4#e4 ,the people of this country  
being nearly all employed in            
agriculture1 and consequently dependent 
upon foreign markets for the sale of the
 surplus products of their labor1 they  
were obliged to submit to the payment of
 these duties4 ,and not possessing at   
that time the means of manufacturing to 
any considerable extent for themselves1 
goods in large quantities came in from  
,great ,britain1 for which they must pay

 in produce heavily burdened with       
duties1 or with money obtained for the  
produce subject to these heavy duties4  
,sec4#f4 ,to remove the inequality in   
the trade between the two countries1 it 
was thought necessary to retaliate upon 
,great ,britain by subjecting her goods 
and vessels coming into our ports to the
 payment of duties similar to those     
imposed on our produce and vessels in   
her ports4 ,but the power to lay duties 
was with the states2 and1 as we have    
seen1 the states could not agree upon   
any effectual system2 for1 in order to  
make any system effectual1 the duties   
must be uniform throughout the ,united  
,states4  ,sec4#g4 ,it was intended1 in 
regulating trade1 to render our own     
country less dependent upon foreign     
nations for manufactured goods1 by      
encouraging domestic or home            
manufactures by duties on goods         
imported4 ,duties laid for this purpose 
are called protective duties1 being     
designed to protect our manufacturers   

against loss from the competition of    
foreigners4 ,the nature and operation of
 a protective duty may be thus          
illustrated3  ,sec4#h4 ,suppose foreign 
broadcloth of a certain quality is sold 
in this country for #b4ej a yard1 and   
cloth of the same quality manufactured  
here can not be afforded for less than  
#c a yard4 ,there would now be no       
encouragement to any one to engage in   
the manufacture of such cloth2 because  
in order to sell it1 he must reduce the 
price to that of the foreign article1   
which would subject him to a loss of    
fifty cents a yard4 ,let now a duty of  
#a a yard be laid upon the foreign      
cloth1 and the price would be #c4ej1 and
 preference would be given to the       
domestic article1 unless the importer   
should reduce the price of his foreign  
cloth to #c2 in which case1 it is to be 
presumed1 about an equal quantity of    
each would be consumed1 and the duty of 
#a a yard on the foreign cloth would go 
into the ,united ,states' treasury4     

,sec4#i4 ,the same objects may1 to some 
extent1 be effected by the first        
mentioned power1 to lay taxes1 duties1  
c4 ,in laying duties for revenue1 that  
is1 raising money to pay the debts and  
other expenses of the government1       
congress may lay the duties upon those  
kinds of goods which it wishes to       
protect2 and thus indirectly both       
encourage domestic industry and regulate
 commerce4 ,from this it appears that   
the three objects mentioned may be      
accomplished under the grant of either  
one of the two general powers1 to lay   
duties1 and to regulate commerce4       
,sec4#aj4 ,why1 then1 it may be asked1  
were both these powers inserted in the  
constitution8 ,the first expressly      
authorizes the laying of duties only to 
raise money for paying debts and        
government expenses2 and protection and 
the regulation of commerce can only be  
effected indirectly4 ,hence1 if our     
arrangements with foreign nations should
 be such as to render it unnecessary to 

lay duties to regulate commerce1 or     
encourage domestic industry1 money could
 not be raised without the express power
 to lay taxes1 duties1 c4 ,and such     
might be the state of things1 that rates
 of duties sufficient for revenue would 
be insufficient for the purposes of     
protection and regulating trade4        
,therefore1 both powers are properly    
granted to congress4  ,sec4#aa4 ,again1 
it may be asked1 if foreign goods       
without duty can be had at lower prices 
than domestic1 why is it not better for 
us to buy them than to force the        
manufacture and sale of our own at      
higher prices8 and1 if there is no other
 way of raising money1 why not do it by 
direct taxation8 ,suppose1 for example1 
as in a preceding section1 7,sec4#h17   
the price of foreign cloth to be #b4ej a
 yard1 for which the farmer has to pay  
in wheat1 or in cash received for it4   
,but as the wheat has to be shipped to a
 foreign market1 the merchant who takes 
it in exchange for the cloth1 or the    

cash purchaser1 deducts from the foreign
 market price the cost of transportation
 and the foreign duty1 which1 together1 
let us suppose to be fifty cents a      
bushel1 or one-half of the foreign      
market price4 ,a yard of cloth would    
then cost five bushels of wheat4        
,sec4#ab4 ,let us now suppose a domestic
 article at #c a yard to take the place 
of the foreign4 ,a large portion of the 
laborers formerly employed in           
agriculture1 are now engaged in building
 factories and in manufacturing4 ,these1
 instead of being producers1 have become
 only consumers of the wheat of the     
farmers1 who now have a market at home1 
thus saving the duties and the cost of  
transportation4 ,as there are now fewer 
producers1 the price of wheat would     
probably be not less than #a a bushel4  
,therefore a yard of domestic cloth     
would cost only three bushels of wheat1 
instead of five paid for the foreign    
cloth4 ,and as there would be a         
corresponding rise in the price of      

labor1 more cloth at #c a yard could be 
bought for the avails of a day's labor  
than formerly4  ,sec4#ac4 ,the          
protection of domestic industry received
 the early attention of congress4 ,the  
second law passed by the first congress 
under the constitution1 authorized      
duties to be laid on goods1 wares1 and  
merchandises imported2 and among the    
objects of the law expressed in a       
preamble one was the encouragement and  
protection of domestic manufactures4    
,for a long time1 however1 little was   
done in the way of protection4 ,the     
principal nations of ,europe1 ,england  
included1 became involved in war4 ,a    
large portion of their laboring         
population having been called from      
agricultural pursuits into the armies1 a
 foreign demand was created for         
,american produce2 and we were enabled  
to supply ourselves at less disadvantage
 with foreign manufactures4  ,sec4#ad4  
,but after peace had been restored in   
,europe1 and people had returned to     

their usual employments1 the foreign    
demand for our breadstuffs nearly       
ceased2 and large quantities of foreign 
goods were again imported1 for which our
 people were unable to pay4 ,congress   
now found it necessary to exercise1 to a
 greater extent1 its power to regulate  
trade1 by discouraging importations1 and
 encouraging domestic manufactures1 and1
 in #ahaf1 commenced an effective system
 of protection4 ,laws have from time to 
time been passed to favor manufactures  
from cotton1 wool1 iron1 and other      
materials2 and manufacturing is now     
carried on extensively in this country4 
,by thus drawing a large portion of the 
people into manufacturing and mechanical
 employments1 a market has been created 
at home for more grain1 meat1 and other 
agricultural products1 than is required 
to supply all foreign demand4  ,sec4#ae4
 ,the laws relating to foreign commerce 
prescribe the manner of collecting the  
revenue4 ,there is in every port of     
entry a collector of customs1 who       

superintends the collection of duties4  
,when a vessel arrives it is submitted1 
with the cargo and all papers and       
invoices1 to the inspection of the      
proper officers2 and the goods subject  
to duty are weighed and measured1 and   
the duties estimated according to law4  
,chapter ,,xxxiii4  ,power to regulate  
,commerce1 continued4 ,navigation2      
,commerce among the ,states1 and with   
the ,indian ,tribes4    ,sec4#a4 ,in    
regulating foreign commerce1 congress   
has also passed navigation laws4        
,navigation is the art of conducting    
ships and other vessels4 ,it has        
reference also to the rules to be       
observed by owners and masters engaged  
in the shipping trade4 ,we have noticed 
the navigation acts of ,great ,britain  
by which she built up her shipping      
interest2 7,chap4 ,,xxvii1 ,sec4#g17 and
 we have stated that one object of the  
power to regulate commerce was to       
countervail the effects of those acts   
upon our shipping4  ,sec4#b4 ,to        

encourage and promote domestic          
navigation1 an act was passed by the    
first congress conferring special       
privileges upon vessels built and owned 
by citizens of the ,united ,states4     
,this was done by laying duties on      
tunnage4 ,tunnage means the content of a
 ship1 or the burden that it will carry1
 which is ascertained by measurement1   
#db cubic feet being allowed to a tun4  
,this act imposed a duty of fifty cents 
a tun on foreign vessels1 and upon our  
own a duty of only six cents a tun4 ,as 
such a law discriminates1 or makes a    
distinction or difference between       
domestic and foreign vessels1 these     
duties are also called discriminating   
duties4  ,sec4#c4 ,by the aid of these  
protective duties1 slightly changed from
 time to time1 our shipping interest    
acquired great strength4 ,but the       
necessity of discriminating duties no   
longer exists4 ,by the stipulations of  
existing treaties between the principal 
commercial nations1 each is to admit    

into her ports the vessels of the others
 on equal terms with her own4 ,our      
government having become a party to this
 agreement1 discriminating tunnage      
duties have been abolished4  ,sec4#d4   
,the registry1 however1 of vessels of   
the ,united ,states1 and other          
regulations concerning them1 are for the
 most part continued4 ,a vessel is      
measured by a surveyor to ascertain her 
tunnage1 and the collector records or   
registers in a book her name1 the port  
to which she belongs1 her burden or     
tunnage1 and the name of the place in   
which she was built1 and gives to the   
owner or commander a certificate of such
 registry4  ,sec4#e4 ,the master of a   
vessel departing from the ,united       
,states1 bound to a foreign port1 must  
deliver to the collector of the         
district1 a manifest1 which is an       
invoice1 or account of the particulars  
of a cargo of goods1 and of their prices
 or value4 ,this statement is subscribed
 by the master1 and sworn by him to be  

true4 ,the collector then grants a      
clearance1 for the vessel1 which is a   
certificate stating that the commander  
has cleared his vessel according to law4
  ,sec4#f4 ,vessels of the ,united      
,states going to foreign countries1 are1
 at the request of the masters1         
furnished with passports4 ,a passport is
 a writing from the proper authority of 
a state or kingdom1 granting permission 
to pass from place to place1 or to      
navigate some sea without hinderance or 
molestation4 ,it contains the name of   
the vessel and that of her master1 her  
tunnage1 and the number of her crew1    
certifying that she belongs to the      
subjects of a particular state1 and     
requiring all persons at peace with that
 state1 to suffer her to proceed on her 
voyage without interruption4 ,in this   
country the form of a passport is       
prepared by the secretary of state1 and 
approved by the president4  ,sec4#g4    
,the navigation laws also provide for   
the safety of passengers and the crews  

of vessels1 limiting the number of      
passengers on passenger vessels1 and    
prescribing the quantity of water and   
certain kinds of provisions which       
merchant vessels are required to have   
for each person on board4 ,they also    
declare what persons may be employed on 
board1 and how funds shall be provided  
for sick and disabled seamen4  ,sec4#h4 
,under the power to regulate commerce1  
congress has also passed laws relating  
to quarantines4 ,the word quarantine1   
from the ,latin quarantina1 signifies   
the space of forty days4 ,originally    
vessels suspected of having contagious  
sickness on board1 or of being infected 
with malignant1 contagious disease1 were
 forbidden1 for forty days1 to have     
intercourse with the place or port at   
which they arrived4 ,the period for     
which ships are now detained is not     
defined1 but is fixed by the proper     
officers at their discretion1 according 
to circumstances4 ,quarantines are      
required by the health laws of the      

states2 and by the laws of congress1    
vessels are to be subject to the health 
laws of the state at whose ports they   
arrive4  ,sec4#i4 ,in connection with   
the power to regulate foreign commerce1 
power is given to regulate commerce     
among the several states1 or internal   
commerce4 ,we have noticed the          
difficulties which attended the         
different commercial regulations of the 
states1 and the necessity of a uniform  
system1 which could be had only by      
giving congress alone the power to      
regulate commerce4 7,chap4 ,,xxxi41     
,sec4#g47 ,without the power to regulate
 internal commerce1 congress could not  
give effect to the power to regulate    
foreign commerce4 ,one state might      
impose unjust and oppressive duties upon
 goods imported or exported through it  
by another state4 ,but in the hands of  
congress1 the power to regulate internal
 as well as foreign commerce1 secures to
 all the states the benefits of a free  
and uninterrupted trade4  ,sec4#aj4 ,in 

granting to congress the power to       
regulate commerce with the ,indian      
tribes1 it was intended to lessen the   
dangers of war4 ,murders and war had    
been provoked by the improper conduct of
 some of the states4 ,it was believed1  
that1 by a uniform policy1 difficulties 
would be more likely to be prevented2   
and that if they should occur1 they     
would be more likely to be amicably     
settled by the general government than  
by a state1 which1 being an interested  
party1 would be more liable to misjudge 
the matter in dispute1 and more rigid in
 demanding satisfaction for injuries1 as
 well as more severe in redressing them4
     ,chapter ,,xxxiv4  ,powers of      
,congress in relation to                
,naturalization2 ,bankruptcy2 ,coining  
,money2 ,weights and ,measures2         
,punishment of ,counterfeiting4         
,sec4#a4 ,the next clause grants to     
congress the power to establish a       
uniform rule of naturalization1 and     
uniform laws on the subject of          

bankruptcies throughout the ,united     
,states4 ,we have already noticed some  
of the disqualifications of aliens4     
7,chap4 ,,vi1 ,sec4#e47 ,by the common  
law of ,england and this country1 aliens
 were not only politically disqualified1
 but they could not in their own name   
lawfully hold and sell real estate4 ,to 
admit aliens to all the rights and      
privileges of citizens immediately on   
their arrival in this country1 and      
before they shall have acquired a       
knowledge of our government and laws1   
and of the duties of citizens1 would be 
expedient4 ,educated under monarchical  
governments1 many of them1 it is to be  
presumed1 have little respect for our   
republican institutions1 or at most but 
an imperfect knowledge of them4         
,sec4#b4 ,but to deny foreigners the    
rights of citizens after they shall have
 acquired a fixed residence here1 and a 
knowledge of their civil and political  
duties1 would be illiberal and unjust4  
,provision has therefore been made for  

removing their disqualifications1 or for
 naturalizing them2 that is1 for        
investing them with the rights and      
privileges of natural born citizens4    
,but if different rules were established
 by the different states1 a person1     
having become naturalized in one state1 
would1 on removing into another state1  
be deprived of the rights of            
citizenship1 until he should have been  
naturalized by the laws of such state4  
,besides1 by the constitution1 a person1
 on becoming a citizen of any state1 is 
a citizen of the ,united ,states1 and   
entitled to the privileges of a citizen 
in any other state4 7,art4 ,,iv41       
,sec4#b47 ,as1 therefore1 there should  
be one uniform rule1 the power of       
naturalization is properly given to     
congress4  ,sec4#c4 ,an alien1 to become
 a citizen1 must declare on oath before 
a state court or a circuit court of the 
,united ,states1 or before a clerk of   
either of said courts1 after having     
resided three years in the ,united      

,states1 that it is his intention to    
become a citizen1 and to renounce his   
allegiance to all foreign governments1  
and particularly that under which he    
formerly lived1 and that he will support
 the constitution of the ,united        
,states4 ,then after two years1 the     
court1 if satisfied that he has resided 
five years in the ,united ,states1 and  
one year in the state in which the court
 is held1 and that during that time he  
has behaved as a man of good moral      
character1 and is attached to the       
principles of the constitution1 may     
admit him as a citizen4  ,sec4#d4 ,an   
alien minor who has resided in the      
,united ,states at least three years    
before he was twenty-one years of age1  
may1 at any time after that age and five
 years' residence in the ,united        
,states1 be admitted as a citizen1      
without having previously declared his  
intention to become a citizen4 ,also the
 minor children of a naturalized        
citizen1 if dwelling in the ,united     

,states at the time of his              
naturalization1 become citizens4        
,sec4#e4 ,a bankrupt is an insolvent    
debtor2 that is1 a person who is unable 
to pay all his just debts4 ,a bankrupt  
law is a law which1 upon an insolvent's 
giving up all his property to his       
creditors1 discharges him from the      
payment of his debts4 ,such laws are    
designed for the benefit of honest and  
unfortunate debtors1 who1 by having the 
enjoyment of their future earnings      
secured to them1 are encouraged to      
engage anew in industrial pursuits4 ,but
 these laws1 intended for the benefit of
 the unfortunate poor1 have enabled     
dishonest and fraudulent debtors to     
procure a release from their debts4     
,sec4#f4 ,experience had shown the      
propriety of intrusting to congress the 
power to make these laws4 ,the          
dissimilar and conflicting laws of the  
different states1 and the entire want of
 them in others1 had caused great       
inconvenience4 ,a debtor1 though        

discharged from debt by the laws of one 
state1 was liable to be prosecuted on   
removing into another state4 ,important 
as such laws were deemed1 there is no   
existing law on the subject4 ,a bankrupt
 law was passed in ,april1 #ahjj1 and   
repealed in ,december1 #ahjc4 ,another  
was passed in #ahda1 which was of still 
shorter duration4  ,sec4#g4 ,the next   
power mentioned is the power to coin    
money and regulate the value thereof4   
,as a consequence of giving this power  
to ,congress1 we have a uniform currency
 throughout the union4 ,we have also1   
instead of the awkward system of        
reckoning by pounds1 shillings1 and     
pence1 the more convenient decimal mode 
of calculation by dollars and cents4    
,the old system was rendered the more   
inconvenient by the difference in the   
value of a pound1 shilling1 and penny in
 the different states4 ,a merchant in a 
,new ,england state1 buying goods in    
,new ,york or ,philadelphia1 must1 in   
order to put prices upon them1 reduce   

the currency of the state in which he   
bought them to ,new ,england currency4  
,thus1 the cost of an article being in  
,new ,york two shillings and four pence 
a pound1 would be in ,connecticut one   
shilling and nine pence4 ,one shilling  
and six pence in ,new ,york would be in 
any ,new ,england state one shilling and
 a penny and a half4  ,sec4#h4 ,the     
place where money is coined is called   
mint4 ,the principal mint in the ,united
 ,states1 and the first that was        
established in this country1 is at      
,philadelphia4 ,the business of coining 
is under the superintendence of a       
director4 ,under him are a treasurer1 an
 assayer1 a chief coiner1 an engraver1  
and a melter and refiner4 ,the gold and 
silver1 before it is coined1 is called  
bullion4 ,there is a branch mint in ,new
 ,orleans1 one at ,charlotte1 in ,north 
,carolina1 one at ,dahlonega1 in        
,georgia1 one in ,california1 and one in
 the city of ,new ,york4 ,at the place  
last mentioned1 gold is assayed1 but not

 coined4  ,sec4#i4 ,the clause          
containing the power last quoted1 gives 
power also to fix the standard of       
weights and measures4 ,for the          
convenience of trade between the states1
 the standard of weights and measures   
should be the same in all the states4   
,without such uniformity1 commerce among
 the states would meet with             
embarrassments scarcely less than those 
experienced from the want of a uniform  
currency4 ,to effect the desired object1
 this power was given to congress4      
,sec4#aj4 ,the next power in the list is
 the power to provide for the punishment
 of counterfeiting the securities and   
current coin of the ,united ,states4 ,by
 securities here are meant bonds and    
other evidences of debt4 ,as the general
 government has the power to borrow     
money and to coin money1 it is proper   
that it should also have the power to   
provide for punishing those who forge   
its written obligations for the payment 
of the money borrowed1 and who          

counterfeit its coin4 ,these offenses   
are tried in the courts of the ,united  
,states4     ,chapter ,,xxxv4  ,powers  
of ,congress in relation to             
,post-,offices1 ,copy-,rights1 and      
,patents1 and ,inferior ,courts4        
,sec4#a4 ,congress has power to         
establish post-offices and post-roads4  
,the post-office department1 from the   
facilities which it affords for the     
circulation of intelligence and the     
transaction of business1 is an          
institution of incalculable value to the
 union4 ,it is impossible to conceive   
all the difficulties which would attend 
the exercise of this power by the       
different states4 ,a uniform system of  
regulations is indispensable to the     
efficiency of this department1 and could
 be secured only by placing this power  
in the hands of congress4  ,sec4#b4     
,congress has power to promote the      
progress of science and the useful arts1
 by securing1 for limited times1 to     
authors and inventors1 the exclusive    

right to their respective writings and  
discoveries4 ,useful sciences and arts  
are promoted by new books and new       
inventions4 ,but if every man had the   
right to print and sell every book or   
writing1 without compensation to the    
author1 there would be little to        
encourage men of ability to spend1 as is
 often done1 years of labor in preparing
 new and useful works4 ,nor would men of
 genius be likely to spend their time   
and money in inventing and constructing 
expensive machinery1 if others had an   
equal right to make and sell the same4  
,in pursuance of the power here given1  
congress has enacted laws for the       
benefit of authors and inventors4       
,sec4#c4 ,the exclusive right of an     
author to the benefits of the sale of   
his books or writings1 is called        
copy-right1 and is obtained thus3 ,the  
author sends a printed copy of the title
 of his book to the clerk of the        
district court of the ,united ,states of
 the district in which the author       

resides4 ,the clerk records the title in
 a book1 for which he receives fifty    
cents1 and gives the author1 under the  
seal of the court1 a copy of the record1
 for which also he receives fifty cents4
  ,sec4#d4 ,the author must also1 within
 three months after the first           
publication of the work1 deliver a copy 
of the same to the clerk of the district
 court4 ,and he must cause to be printed
 on the title page or page immediately  
following1 of every copy of the book1   
words showing that the law has been     
complied with4 ,this secures to the     
author the sole right to print and sell 
his work for twenty-eight years1 at the 
expiration of which time1 he may have   
his right continued for fourteen years  
longer1 by again complying with the     
requirements of the law as before1      
provided it be done within six months   
before the expiration of the first term1
 and a copy of the record published in a
 newspaper for the space of four weeks4 
,sec4#e4 ,patents for new inventions are

 obtained at the patent office at the   
seat of government4 ,this office is     
connected with the department of the    
interior4 7,chap4 ,,xli1 ,sec4#g47 ,the 
commissioner of patents superintends the
 granting of patents under the direction
 of the secretary of the interior4 ,to  
secure an exclusive right to an         
invention1 the inventor must deliver to 
the commissioner of patents1 a written  
description of his invention1 and       
specify the improvement which he claims 
as his own discovery2 and he must make  
oath that he believes he is the         
discoverer thereof4  ,sec4#f4 ,before   
the petition of an inventor is          
considered1 he must pay the sum of      
thirty dollars4 ,if the commissioner1   
upon examination1 does not find that the
 invention had been before discovered1  
he issues a patent therefor4 ,patents   
are granted for the term of fourteen    
years1 and may be renewed for a further 
term of seven years1 if the inventor has
 not been able to obtain a reasonable   

profit from his invention4  ,sec4#g4    
,congress has power to constitute       
tribunals inferior to the supreme court4
 ,as the first section of the third     
article of the constitution1 in         
providing for a national judiciary1     
authorizes congress to ordain and       
establish such inferior courts1 the     
insertion of the power in this place    
seems to have been unnecessary1 7,chap4 
,,xlii1 ,sec4#a47     ,chapter ,,xxxvi4 
,powers of ,congress in relation to     
,piracy and ,offenses against the ,law  
of ,nations2 ,war2 ,marque and          
,reprisal1 ,public ,defense1 ,district  
of ,columbia2 ,implied ,powers4         
,sec4#a4 ,the next clause grants to     
congress the power to define and punish 
piracies and felonies committed on the  
high seas1 and offenses against the law 
of nations4 ,piracy is commonly defined 
to be forcible robbery or depredation   
upon the high seas4 ,but the term felony
 was not exactly defined by the laws of 
,england1 whence the common law of this 

country was derived2 consequently its   
meaning was not the same in all the     
states4 ,it was sometimes applied to    
capital offenses only2 at other times1  
to all crimes above misdemeanors4 ,for  
the sake of uniformity1 the power to    
define these offenses is given to       
congress3 and as the states have no     
jurisdiction beyond their own limits1 it
 is proper that congress should have the
 power to punish as well as define      
crimes committed on the high seas4      
,sec4#b4 ,nor were offenses against the 
law of nations more clearly defined3    
therefore the power to define these are 
with equal propriety given to congress4 
,as our citizens are regarded by foreign
 nations as citizens of the ,united     
,states and not as citizens of their    
respective states2 and as the general   
government alone is responsible to      
foreign nations for injuries committed  
on the high seas by citizens of the     
,united ,states1 this power is vested in
 congress4  ,sec4#c4 ,congress is also  

properly intrusted with the power to    
declare war2 grant letters of marque and
 reprisal2 and make rules concerning    
captures on land and water4 ,it is very 
evident that a single state ought not to
 be allowed to make war4 ,as the people 
of all the states become involved in the
 evils of war1 the power to declare it  
is justly given to the representatives  
of the whole nation4 ,in monarchical    
governments this power is exercised by  
the king1 or supreme ruler4 ,but so     
important a power should not be         
intrusted to a single individual4 ,the  
framers of the constitution have wisely 
intrusted it to the representatives of  
those who have to bear the burdens of   
the war4  ,sec4#d4 ,marque means passing
 the frontier or limits of a country2   
reprisal1 taking in return4 ,letters of 
marque and reprisal authorize persons   
injured by citizens or subjects of      
another nation to seize the bodies or   
goods of any of the citizens of such    
nation1 and detain them until           

satisfaction shall be made4 ,to permit  
an individual to act as judge in his own
 case in redressing his private wrongs  
would increase the dangers of war4      
,sec4#e4 ,nor should a state be         
permitted to authorize its citizens to  
make reprisals2 for1 although such      
authority is designed to enable the     
citizens of one country to obtain       
redress for injuries committed by those 
of another1 without a resort to war1 the
 tendency of reprisals is to provoke    
rather than to prevent war2 and as the  
whole nation becomes involved in a war1 
the power to authorize reprisals        
properly belongs to the general         
government4 ,indeed it is not clear that
 such license ought ever to be given4   
,it does not appear strictly just to    
capture the bodies or goods of          
unoffending persons1 especially before  
war has been declared between the two   
countries4 ,but if the power to grant   
such license is ever to be exercised1 it
 ought to be vested in congress4        

,sec4#f4 ,as congress has the power to  
declare war1 it ought to have power to  
make rules concerning the property      
captured in time of war4 ,the general   
practice is to distribute the proceeds  
of the property among the captors as a  
reward for bravery and a stimulus to    
exertion4 ,but proof must be made in a  
court of the ,united ,states that the   
property was taken from the enemy1      
before it is condemned by the court as a
 prize4  ,sec4#g4 ,the next five clauses
 provide for the security and defense of
 the nation4 ,the power to declare war  
would be of little use in the hands of  
congress1 without power over the army1  
navy and militia4 ,this had been proved 
by experience ,congress had power under 
the confederation to declare war2 but1  
as we have seen1 it could not raise     
troops1 nor compel the states to raise  
them4 ,to guard against similar         
difficulties in future1 power to control
 the public forces was placed where it  
can be promptly and effectively         

exercised4  ,sec4#h4 ,the next power of 
congress is1 to exercise exclusive      
legislation over such district1 not     
exceeding ten miles square1 as may1 by  
cession of particular states1 and the   
acceptance of congress1 become the seat 
of government of the ,united ,states4   
,if the seat of the general government  
were within the jurisdiction of a state1
 congress and other public officers     
would be dependent on the state         
authority for protection in the         
discharge of their duties4 ,to guard the
 public business more effectually       
against the danger of interruption1     
complete and exclusive power at the seat
 of government is given to congress4    
,the old congress had once1 near the    
close of the ,revolution1 been treated  
with insult and abuse while sitting at  
,philadelphia2 and the executive        
authority of ,pennsylvania having failed
 to afford protection1 congress         
adjourned to ,princeton in the ,state of
 ,new ,jersey4  ,sec4#i4 ,it appears    

that the cession of this territory to   
the general government had not yet been 
made2 but it was in contemplation by the
 states of ,virginia and ,maryland to   
cede it4 ,it is called the ,district of 
,columbia4 ,its inhabitants are subject 
to the laws of congress4 ,that part of  
the district which was ceded by         
,virginia1 was in #ahdf1 retroceded by  
congress to that state4 ,to congress is 
given1 with equal propriety1 exclusive  
authority over all places purchased for 
the erection of forts1 magazines1       
arsenals1 dock-yards1 and other needful 
buildings4  ,sec4#aj4 ,the last power   
granted in this section1 is the power to
 make all laws which shall be necessary 
and proper for carrying into execution  
the foregoing powers1 and all other     
powers vested by this constitution in   
the government of the ,united ,states1  
or in any department or officer thereof4
 ,as it was impossible to enumerate in  
the constitution every particular act   
which congress might find it necessary  

to perform1 certain powers were         
expressly granted2 and to these powers  
was added this general grant of power to
 pass laws for carrying them into       
effect4  ,sec4#aa4 ,it is the opinion of
 eminent statesmen that this clause     
confers no additional power4 ,they hold 
that the power therein granted is       
necessarily implied or included in the  
foregoing powers4 ,for example3 ,the    
power to regulate commerce includes the 
power to cause the construction of      
break-waters and light-houses1 the      
removal of obstructions from navigable  
rivers1 and the improvement of harbors2 
for in regulating and facilitating      
commerce1 these works and improvements  
are absolutely necessary4 ,so the power 
to establish post-offices implies the   
power to punish persons for robbing the 
mail4 ,the doctrine is1 that wherever a 
general power to do a thing is given1   
every particular power for doing it is  
included4 ,hence it is inferred that    
congress would have had the power to    

pass the laws here authorized1 though no
 express power for that purpose had been
 given4  ,sec4#ab4 ,besides the long    
list of powers contained in the eighth  
section of the first article of the     
constitution1 and considered in         
preceding chapters1 there are sundry    
other powers of congress in subsequent  
articles1 which will be noticed in their
 order4     ,chapter ,,xxxvii4          
,prohibitions on ,congress4    ,sec4#a4 
,while the constitution confers on      
congress all the powers deemed necessary
 to be exercised for the general        
welfare1 it imposes on congress certain 
restrictions1 the most of which are     
contained in the next section4 7,art4   
,i1 sec4 #i47 ,the first prohibition is 
in these words3 ,the migration or       
importation of such persons as any of   
the states1 now existing1 shall think   
proper to admit1 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  ,sec4#b4 ,it is       
generally known that1 from an early     
period1 slaves had been imported into   
the colonies from ,africa4 ,at the time 
when the constitution was formed1 laws  
prohibiting the foreign slave trade had 
been passed in all the states except    
,north ,carolina1 ,south ,carolina1 and 
,georgia4 ,the delegates from these     
states in the convention insisted on    
having the privilege of importing slaves
 secured1 by withholding from congress  
the power to prohibit the importation4  
,a majority of the convention were in   
favor of leaving congress free to       
prohibit the trade at any time4 ,but as 
it was doubtful whether these states    
would in such case accede to the        
constitution2 and as it was desirable to
 bring as many states as possible into  
the union2 it was at length agreed that 
the trade should be left open1 and free 
to all the states choosing to continue  
it1 until #ahjh1 7twenty years27        

congress being allowed1 however1 to lay 
a duty or tax of ten dollars on every   
slave imported4  ,sec4#c4 ,it has ever  
been a cause of wonder and regret to    
many1 that the traffic in human beings  
should have been permitted by the       
constitution1 even for the most limited 
period4 ,it is1 however1 a gratifying   
fact1 that congress exercised its power 
for terminating the foreign slave trade1
 at the earliest possible period4 ,a law
 was passed in #ahjg1 to go into effect 
in ,january1 #ahjh1 making it unlawful1 
under severe penalties1 to import slaves
 into the ,united ,states2 and in #ahbj1
 the ,african slave trade was by law    
declared piracy1 and made punishable by 
death4  ,sec4#d4 ,the next clause is1   
,the privilege of the writ of habeas    
corpus shall not be suspended1 unless   
when1 in cases of rebellion or invasion1
 the public safety may require it4      
,habeas corpus1 7,latin17 signifies1    
have the body4 ,a person deprived of his
 liberty1 may1 before the final judgment

 of a court is pronounced against him1  
petition a court or judge1 who issues a 
writ commanding the party imprisoning or
 detaining him1 to produce his body and 
the cause of his detention before the   
judge or court4 ,if the imprisonment or 
detention is found to be illegal1 or    
without sufficient cause1 the prisoner  
is set at liberty4  ,sec4#e4 ,the next  
clause declares1 ,no bill of attainder  
or ex post facto law shall be passed4 ,a
 bill of attainder is an act of the     
legislature by which the punishment of  
death is inflicted upon a person for    
some crime1 without any trial4 ,if it   
inflicts a milder punishment1 it is     
usually called a bill of pains and      
penalties4 ,such laws are inconsistent  
with the principles of republican       
government1 and are therefore properly  
prohibited4  ,sec4#f4 ,an ex post facto 
law is literally a law made after an act
 is done1 or which has effect upon an   
act after it is done4 ,but it here means
 a law that makes punishable as a crime1

 an act which was not criminal when     
done4 ,a law is also an ex post facto   
law that increases the punishment of a  
crime after it has been committed4 ,if1 
for example1 a law should be passed by  
which a person1 having previously killed
 another in lawfully defending his own  
life1 should be made to suffer death1 it
 would be an ex post facto law1 because 
killing in self-defense1 before the     
passage of the law1 was not punishable  
as a crime4 ,such also would be a law   
that should require all persons now     
charged with stealing1 to be imprisoned 
for life1 if found guilty2 because the  
crime1 when committed1 was punishable by
 a shorter imprisonment4  ,sec4#g4 ,the 
next prohibition is1 ,no capitation or  
other direct tax shall be laid1 unless  
in proportion to the census or          
enumeration herein before directed to be
 taken4 ,the words capitation and       
capital are from the ,latin caput1 the  
head1 or poll4 ,hence a capitation-tax  
or a poll-tax1 is a tax upon each head  

or person4 7,chap4 ,,vii4 ,sec4#d47 ,the
 above clause means1 that poll-taxes1 if
 laid1 must be laid in conformity to    
article #ast1 section #b;d1 clause #c;d1
 of the constitution1 which requires    
three-fifths of the slaves to be counted
 in apportioning taxes among the states 
according to population4  ,sec4#h4 ,the 
next prohibition is1 ,no tax or duty    
shall be laid on articles exported from 
any state4 ,probably no law for taxing  
exports could be devised which would    
operate equally upon the interests of   
the different states4 ,or some states   
the principal product is cotton1 rice1  
or tobacco2 of others1 grain2 and of    
others1 manufactures2 and some of these 
products might not bear the same rates  
of duties as others4 ,but though it were
 possible to devise a plan which would  
be equal in its operation1 a majority of
 the representatives might be opposed to
 it4 ,the representatives of the grain  
producing1 and those of the planting    
states1 might combine in imposing       

excessive taxes upon the productions of 
the manufacturing states4 ,or the       
manufacturing and the grain producing   
states might1 with the same intent1     
combine against the planting states4    
,sec4#i4 ,as it was the purpose of the  
framers of the constitution to make     
taxation1 as nearly as possible1 equal  
in the different states1 by uniform     
duties2 and as every necessary object of
 indirect taxation may be attained by   
duties on imports2 duties on exports are
 properly prohibited4 ,and to secure to 
all the states freedom and equality in  
trade1 it is expressly provided in the  
same clause1 that no preference shall be
 given1 by any regulation of commerce or
 revenue1 to the ports of one state over
 those of another2 nor shall vessels    
bound to or from one state be obliged to
 enter1 clear1 or pay duties in another4
  ,sec4#aj4 ,the next clause provides   
that no money shall be drawn from the   
treasury1 but in consequence of         
appropriations made by law4 ,this places

 the public money beyond the reach or   
control of the executive or any other   
officer1 and secures it in the hands of 
the representatives of the people4 ,in  
pursuance of this provision1 congress1  
at every session1 passes laws specifying
 the objects for which money is to be   
appropriated4 ,the latter part of the   
clause requires1 that a regular         
statement and account of the receipts   
and expenditures of all public money    
shall be published from time to time4   
,and it is by law made the duty of the  
secretary of the treasury to make to    
congress annually such statement1 which 
is published by order of congress2 so   
that the people may know for what       
purposes the public money is expended4  
,sec4#aa4 ,it is next declared1 that no 
title of nobility shall be granted by   
the ,united ,states4 ,although the bare 
titles of lord1 duke1 c41 which are     
conferred upon citizens in monarchical  
governments1 could not add to the       
political power of any person under our 

constitution2 yet1 as it is desirable   
that there should be equality of rank as
 well as of political rights1 it is     
proper that congress should be          
prohibited from creating titles of      
nobility4 ,and to guard public officers 
against being corrupted by foreign      
influence1 they are forbidden to accept 
of any present1 emolument1 office1 or   
title of any kind whatever1 from any    
king1 prince1 or foreign state4         
,chapter ,,xxxviii4  ,prohibitions on   
the ,states4    ,sec4#a4 ,the next      
section contains restrictions on the    
powers of the states4 ,no state shall   
enter into any treaty1 alliance1 or     
confederation4 ,for the definition of   
treaty and the manner in which a treaty 
is made1 see ,chapter ,,xl3 ,sec4#c-e4  
,an alliance is a union between two or  
more nations1 by a treaty1 or contract1 
for their mutual benefit4 ,confederation
 and alliance1 have nearly the same     
meaning4 ,if the states1 separately1    
were allowed to make treaties or form   

alliances with foreign powers1 the      
rights and interests of one state might 
be injured by the treaties made by      
another state4 ,as the states united    
constitute but one nation1 it is obvious
 that the power to treat with other     
nations properly belongs to the general 
government4 ,if the states also had the 
power1 they might counteract the policy 
of the national government4  ,sec4#b4   
,nor may a state grant letters of marque
 and reprisal4 ,if1 as has been shown1  
this power is properly given to         
congress1 it could not be safely        
intrusted to the states4 7,chap4        
,,xxxvi1 ,sec4#e47  ,sec4#c4 ,the power 
to coin money is also prohibited to the 
states4 ,it was given to the general    
government to secure a uniform currency4
 7,chap4 ,,xxxiv1 ,sec4#g47 ,but this   
object would not be likely to be        
attained1 if the power to coin money    
were exercised by the states4  ,sec4#d4 
,a state may not emit bills of credit4  
,bills of credit1 to a vast amount1 were

 issued by the states during the war1   
and for some time thereafter4 ,they were
 in the nature of promissory notes1     
issued by the authority of the state1   
and on the credit of the state1 and put 
in circulation by the continental       
congress and the states as money4 ,this 
paper money1 having no funds set apart  
to redeem it1 became almost worthless4  
,bank bills issued upon the credit of   
private individuals1 do not come under  
the prohibition4 ,it is also held that  
the prohibition does not apply to the   
notes or bills of a state bank1 drawn on
 the credit of a particular fund set    
apart for that purpose4  ,sec4#e4 ,no   
state shall make any thing but gold and 
silver coin a tender in payment of      
debts4 ,tender signifies an offer1 or to
 offer4 ,in law1 it is an offer of      
something in payment of a debt1 or the  
thing itself which is offered in        
payment4 ,some of the states had        
declared their irredeemable paper money 
a lawful tender4 ,but paper money and   

property of all kinds are continually   
liable to fluctuation in value1 and     
might subject those who should be       
compelled to receive it to great        
inconvenience and loss4 ,but although no
 person is obliged to take in payment   
any thing but coin1 bank bills are by   
common consent taken in the course of   
business and in payment of debts1       
because they may be converted into      
specie by presenting them at the bank by
 which they are issued4  ,sec4#f4 ,nor  
may a state pass any bill of attainder1 
ex post facto law1 or law impairing the 
obligation of contracts4 ,bills of      
attainder and ex post laws have been    
defined and considered4 7,chap4         
,,xxxvii1 ,sec4#e47 ,if these laws are  
in their nature wrong1 the states as    
well as congress should be prohibited   
from passing them4 ,not less unjust are 
laws impairing the obligation of        
contracts4 ,laws that should weaken the 
force of contracts1 or that would       
release men from their obligations1     

would be contrary to the principles of  
justice1 and destroy all security to the
 rights of property4  ,sec4#g4 ,as      
bankrupt laws release debtors from the  
payment of their debts1 and consequently
 impair the obligation of contracts1 the
 question has arisen whether the states 
have power to pass insolvent or bankrupt
 laws4 ,from decisions of the supreme   
court of the ,united ,states1 which is  
the highest judicial authority1 it      
appears1 that a state may not pass a    
bankrupt law discharging a debtor from  
the obligation of a contract made before
 such law was passed4 ,but it was not to
 be considered a law impairing the      
obligation of a contract1 if it existed 
before the contract was made2 because   
the parties1 who are presumed to know   
that such law exists1 may guard         
themselves against loss4  ,sec4#h4 ,the 
last thing prohibited in this clause1   
is1 to grant any title of nobility4     
,this is forbidden to the states for the
 same reason as it is prohibited to     

congress4 7,chap4 ,,xxxvii1 ,sec4#aa47  
,sec4#i4 ,the first prohibition to the  
states in the next clause is to lay any 
imposts or duties on imports or exports1
 except what may be absolutely necessary
 for executing their inspection laws4   
,the objections to the power of the     
states to lay duties have been          
considered4 ,they are founded upon the  
same reasons as have been given for     
intrusting congress with this power2 one
 of which is to secure uniformity       
throughout the ,united ,states4 7,chap4 
,,xxxii1 ,sec4#f47 ,and as congress is  
properly prohibited from laying duties  
on exports1 7,chap4 ,,xxxvi1 ,sec4#h1   
#i17 there can be no good reason for    
allowing it to be done by the states4   
,sec4#aj4 ,the exception allowing a     
state to lay duties necessary to execute
 its inspection laws was deemed proper4 
,laws are passed by the states for the  
inspection or examination of flour and  
meat in barrels1 leather1 and sundry    
other commodities in commercial cities1 

to ascertain their quality and quantity1
 and to be marked accordingly4 ,by this 
means the states are enabled to improve 
the quality of articles produced by the 
labor of the country1 and the articles  
are better fitted for sale1 as the      
purchaser is thereby guarded against    
deception4 ,a small tax is laid upon the
 goods inspected1 to pay for their      
inspection4 ,but1 lest the states should
 carry this power so far as to injure   
other states1 these laws are to be      
subject to the revision and control of  
congress4  ,sec4#aa4 ,the last          
restrictions upon the power of the      
states contained in this section1 are3  
,no state shall1 without the consent of 
congress1 lay any duty of tunnage2 keep 
troops or ships of war in time of peace2
 enter into any agreement or compact    
with any other state1 or with a foreign 
power2 or engage in war1 unless actually
 invaded1 or in such imminent danger as 
will not admit of delay4 ,some of the   
prohibitions here enumerated have been  

noticed in this and preceding chapters2 
and the reasons of the others are so    
obvious as to render any remarks upon   
them unnecessary4     ,chapter ,,xxxix4 
,executive ,department4 ,president and  
,vice-,president2 their ,election1      
,qualifications1 c4    ,sec4#a4 ,the    
second article of the constitution      
relates to the executive department4 ,of
 the necessity of a separate and        
distinct power to execute the laws1 we  
have already spoken4 7,chap4 ,,viii1    
,sec4#g47 ,under the confederation1 as  
will be recollected1 there was no       
national executive4 ,this defect has    
been supplied by the constitution4 ,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       
follows4 7,art4 #b1 ,sec4#a47  ,sec4#b4 
,in regard to the organization and      
powers of the executive department1     

there was a great diversity of opinion4 
,ought the chief executive power to be  
vested in one person1 or a number of    
persons8 ,laws should be executed with  
promptness and energy4 ,this is more    
likely to be done by one man than by a  
number4 ,if several were associated in  
the exercise of this power1 disagreement
 and discord would be likely to happen1 
and to cause frequent and injurious     
delays4 ,unity being deemed favorable to
 energetic and prompt action1 the chief 
executive power of the nation was given 
to a single person4  ,sec4#c4 ,secondly1
 as to the duration of the office4 ,much
 of what has been said in relation to   
the term of office of senators1 will    
apply to that of president4 7,chap4     
,,xxx1 ,sec4#d-f47 ,his term of office  
should not be so short as to induce him 
to act more with a view to his          
re-election than to the public good2 yet
 it should be short enough to make him  
feel his responsibility4 ,and it should 
be long enough to insure a due degree of

 independence1 and to enable him to     
carry out his system of public policy4  
,the term of four years was accordingly 
adopted4  ,sec4#d4 ,thirdly1 the mode of
 election4 ,among the various modes     
proposed1 the one adopted was that of   
electing the president by electors      
chosen in the several states for that   
purpose2 the number of the electors     
chosen in each state to be equal to the 
number of its senators and              
representatives in congress4 ,a material
 alteration in the mode of election has 
been made since the adoption of the     
constitution1 as will be seen by        
examining the two modes4 7,art4 #b1     
,sec4#a2 and ,art4 #ab of ,amendments47 
,this amendment does not change the     
manner of choosing the electors1 but the
 manner of choosing the president by the
 electors4  ,sec4#e4 ,the constitution  
does not prescribe the manner in which  
the electors shall be appointed or      
chosen2 it only declares that each state
 shall appoint them in such manner as   

the legislature thereof shall direct4   
,no uniform mode was adopted by the     
different states4 ,in some states the   
electors were appointed by the          
legislature2 in others1 by the people4  
,at present the latter mode prevails in 
all the states except ,south ,carolina1 
where presidential electors are still   
chosen by the legislature4  ,sec4#f4    
,the electors are1 by the laws of the   
several states1 chosen by general       
ticket4 ,the names of two men1          
corresponding to the number of senators 
to which a state is entitled in         
congress1 together with the names of as 
many others as there are representatives
 of the state in the lower house of     
congress1 one to reside in each         
congressional district1 are all placed  
on the same ballot2 so that every voter 
votes for the whole number of           
presidential electors to be chosen in   
the state4 ,and1 by a law of congress1  
the electors are required to be chosen  
in all the states on the same day1 which

 is the ,tuesday next after the first   
,monday of ,november4  ,sec4#g4 ,the    
electors so chosen are required by a law
 of congress1 to meet in their          
respective states on the first          
,wednesday of ,december1 and vote for   
president and vice-president2 and to    
make and sign three certificates of all 
the votes given by them1 and seal up the
 same4 ,one of these is to be sent by a 
person duly appointed by them1 to the   
president of the senate at the seat of  
government1 before the first of ,january
 next ensuing2 another is to be         
forwarded by mail1 also directed to the 
president of the senate2 and the third  
is to be delivered to the ,united       
,states judge of the district in which  
the electors are assembled4  ,sec4#h4   
,on the second ,wednesday of ,february1 
the president of the senate1 in presence
 of all the senators and                
representatives1 opens the certificates 
from all the states1 and the votes are  
counted4 ,the person having a majority  

of all the electoral votes for president
 is elected4 ,if no person has a        
majority of all the electoral votes1 the
 house of representatives must choose   
the president from those candidates1 not
 exceeding three1 who had the highest   
numbers of the electoral votes4 ,but in 
so doing1 the members do not all vote   
together2 but those of each state vote  
by themselves2 and the candidate who    
receives the votes of a majority of the 
representatives of a state1 has but one 
presidential vote for such majority2 and
 the person who receives the votes of a 
majority of the states1 is elected4     
,thus in the election of president by   
the house of representatives1 voting is 
done by states1 as was done in passing  
laws by the old congress4 7,chap4       
,,xxviii1 ,sec4#e47  ,sec4#i4 ,there    
have been two elections by the house of 
representatives4 ,the second was #ahbe4 
,the votes of the electoral colleges    
7assemblies7 had in ,december1 #ahbd1   
been divided upon four candidates4      

,andrew ,jackson had received #ii       
electoral votes2 ,john ,quincy ,adams1  
#hd2 ,william ,h4 ,crawford1 #da2 and   
,henry ,clay1 #cg4 ,neither having      
received a majority of all the electoral
 votes1 the election devolved upon the  
house of representatives4 ,of the three 
candidates who had received the highest 
numbers of the electoral votes1 ,mr4    
,adams received in the house of         
representatives the votes of thirteen   
states2 ,gen4 ,jackson1 the votes of    
seven states2 and ,mr4 ,crawford1 the   
votes of four states4 ,mr4 ,adams having
 received the votes of a majority of all
 the states1 he was elected4  ,sec4#aj4 
,by the #abth article of amendments1 if 
there is no election of vice-president  
by a majority of the electors1 then1    
from the two highest numbers on the     
list1 the senate shall choose the       
vice-president4 ,two-thirds of the whole
 number of senators shall constitute a  
quorum for such election2 and a majority
 of the whole number shall be necessary 

to a choice4  ,sec4#aa4 ,to be eligible 
to the office of president or           
vice-president1 a person must be a      
natural born citizen of the ,united     
,states1 thirty-five years of age1 and  
must have been fourteen years a resident
 within the ,united ,states4 ,the       
reasons for requiring long terms of     
citizenship and residence1 and mature   
age and experience1 in the case of      
senators1 apply with equal force in the 
case of president4  ,sec4#ab4 ,in case  
of a vacancy in the office of president1
 the vice-president becomes the         
president4 ,the power of making further 
provision for supplying vacancies is1 by
 the constitution1 given to congress4   
7,art4 #b1 ,sec4#a47 ,congress has      
accordingly enacted1 that1 when there is
 neither president nor vice-president1  
the president pro tempore shall act as  
president2 and if there should be none1 
the speaker of the house of             
representatives would assume the duties 
of the office4  ,sec4#ac4 ,the same     

section declares that the salary of the 
president shall neither be increased nor
 diminished during the time for which he
 shall have been elected4 ,it would be  
improper to allow congress to reduce his
 salary at pleasure4 ,this would make   
the executive dependent upon the        
legislature for his support4 ,on the    
other hand1 if his compensation could be
 increased during his official term1 he 
might be tempted to use undue influence 
to procure a needless increase of his   
salary4  ,sec4#ad4 ,the presidential    
term commences the #dth of ,march next  
after the election1 and ends the #c;d   
day of ,march four years thereafter4    
,each successive congress also commences
 and ends its term every two years1 on  
the same days of that month2 and it is  
called a new congress1 although only    
one-third of the senators go out of     
office when a congress is said to       
expire1 and are succeeded by new ones   
when the next congress is said to       
commence its official term4     ,chapter

 ,,xl4  ,powers and ,duties of the      
,president2 ,treaties2 ,public          
,ministers2 ,appointments and ,removals4
    ,sec4#a4 ,the powers and duties of  
the president are next given4 ,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 ,states4  
7,art4 #b1 ,sec4#b47 ,some of the       
reasons for giving to the executive the 
command of the public forces1 have been 
given4 7,chap4 ,,xxv1 ,sec4#b1 #e47 ,it 
has also been observed1 that a prompt   
and effectual execution of the laws is  
best secured by intrusting this power to
 a single individual4 7,chap4 ,,xxxviii1
 ,sec4#b47 ,the constitution1 7,art4 ,i1
 ,sec4#h1 clauses #ab-af17 give congress
 power over the army1 navy1 and militia1
 and to provide for calling forth the   
militia to execute the laws of the      
union1 suppress insurrections1 and repel
 invasions4 ,as this power is to be     

exercised upon sudden emergencies1      
congress has by law authorized the      
president to call out the militia for   
these purposes4 ,and as the direction of
 the public forces is a power of an     
executive nature1 it is intrusted to the
 executive4  ,sec4#b4 ,the president has
 also power to grant reprieves and      
pardons for offenses against the ,united
 ,states1 except in cases of            
impeachment4 ,the same power is         
exercised by the governors of the       
several states4 7,chap4 ,,xii1 ,sec4#d47
 ,through partial or false testimony1 or
 the mistakes of judges or juries1 an   
innocent person may be convicted of     
crime2 or facts may subsequently come to
 light showing the offense to be one of 
less aggravation than appeared on the   
trial4 ,there should therefore be       
somewhere a power to remit the          
punishment1 or to mitigate the sentence1
 or postpone its execution1 as the case 
may seem to require2 and by no other    
person or persons1 it is presumed1 would

 this power be more judiciously         
exercised than by the executive4        
,sec4#c4 ,the president has power1 by   
and with the advice and consent of the  
senate1 to make treaties1 to appoint    
embassadors1 other public ministers and 
consuls1 judges of the supreme court1   
and other officers1 provided two-thirds 
of the senators concur4 ,a treaty is an 
agreement or contract between two or    
more nations1 for regulating trade1 or  
for restoring or preserving peace4 ,this
 power ought therefore to be in the     
national government4 ,in monarchical    
governments it belongs to the king4 ,to 
confide so important a trust to the     
president alone1 would be imprudent4 ,to
 associate the house of representatives 
with the president and senate1 as in    
making laws1 would render it impossible 
to act with the decision1 secrecy1 and  
dispatch1 which are sometimes necessary 
in making treaties4  ,sec4#d4 ,as the   
treaty-making power appears to be in its
 nature neither wholly executive nor    

wholly legislative1 but to partake of   
the nature of both1 a part of the       
legislature is properly associated with 
the president4 ,as the senate1 being    
less numerous than the house1 is capable
 of acting more promptly as well as more
 easily convened and at less expense1   
that body is more properly united with  
the executive in the exercise of this   
power4 ,and it is equally proper that   
the power to appoint embassadors and    
others by whom treaties are negotiated1 
should be placed in the same hands4     
,sec4#e4 ,treaties are negotiated2 that 
is1 the provisions or terms are arranged
 and agreed upon1 by the agents of the  
two governments2 and a copy of the      
articles of agreement is sent to each   
government to be approved and confirmed1
 or1 as it is usually expressed1 to be  
ratified4 ,both governments must ratify1
 or the treaty fails4 ,treaties are     
ratified1 on the part of our government1
 by the president and senate4 ,this is  
what is meant by their making treaties4 

,the persons by whom treaties are       
negotiated are sometimes appointed by   
their governments for that special      
purpose2 but the business is perhaps    
more frequently done by the permanent   
representatives or ministers of the     
respective governments4  ,sec4#f4 ,each 
of the principal civilized nations has  
some officer at home who acts as agent  
in negotiating treaties and transacting 
business with foreign governments1 and  
has also a representative at the seat of
 each foreign government for this       
purpose1 and for keeping his government1
 apprised of what is done abroad4 ,our  
government has a minister in ,great     
,britain1 one in ,russia1 one in        
,france1 one in ,spain1 and one in each 
of the other principal commercial       
nations2 and each of these nations has a
 minister residing at the city of       
,washington1 the seat of government of  
the ,united ,states4 ,the officer of our
 government who corresponds with foreign
 ministers here1 and with our ministers 

abroad1 is the secretary of state4 ,the 
negotiation of treaties at home with the
 ministers of foreign governments       
residing here1 is done by him4  ,sec4#g4
 ,representatives at foreign courts have
 different names or titles3 embassadors1
 envoys1 ministers1 and charges des     
affaires4 ,an embassador who is         
intrusted with the ordinary business of 
a minister at a foreign court1 is called
 an embassador in ordinary4 ,an         
embassador extraordinary is a person    
sent on a particular occasion1 who      
returns as soon as the business on which
 he was sent is done4 ,he is sometimes  
called envoy2 and when he has power to  
act as he may deem expedient1 he is     
called envoy plenipotentiary2 the latter
 word signifying full power4 ,an        
ordinary embassador or minister resides 
abroad1 and acts in obedience to        
instructions sent him from time to time4
  ,sec4#h4 ,agents or representatives   
sent by our government to reside at     
foreign courts1 are called ministers4   

,formerly those sent to the less        
important countries1 were called charges
 des affaires1 who are ministers of a   
lower grade4 ,the name1 usually written 
charges d'affaires1 is ,french1 and is  
pronounced shar-zha-daf-fair1 accented  
on the first and last syllables4 ,it    
means a person having charge of the     
affairs of his nation4 ,it is not at    
present applied to any of our           
representatives abroad1 all being called
 by the common name of minister4        
,sec4#i4 ,consuls are agents of inferior
 grade4 ,they reside in foreign         
seaports4 ,their business is to aid     
their respective governments in their   
commercial transactions with the        
countries in which they reside1 and to  
protect the rights1 commerce1 merchants1
 and seamen of their own nation4 ,hence 
much of their business is with masters  
of vessels1 and with merchants4 ,they   
also dispose of the personal estate of  
citizens of their own nation who die    
within their consulates1 leaving no     

representative or partner in trade to   
take care of their effects4  ,sec4#aj4  
,the appointment of judges of the       
supreme court by the president and      
senate1 seems to be proper4 ,their      
election by the people1 most of whom    
could have little or no knowledge of the
 persons who should be chosen1 would be 
injudicious4 ,besides1 the mass of the  
voters are not so competent to judge of 
the qualifications necessary for so     
important a judicial office1 as those to
 whom the constitution has given the    
power of appointment4  ,sec4#aa4 ,the   
power of appointing the head officers of
 the several executive departments1 is  
with equal propriety given to the       
president and senate4 ,as the president 
is in a measure responsible for the acts
 of his subordinates who conduct the    
business of these departments1 and as1  
without their cooeperation1 he could    
scarcely carry out his own measures1 it 
is proper that he should have the right 
of selecting them2 and by being required

 to submit his choice to the body of    
senators for their approval1 a          
sufficient safeguard is provided against
 the appointment of unworthy or         
incompetent men4  ,sec4#ab4 ,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 the next session4 7,art4 #b1 sec4
 #b1 clause #c47 ,without such a power  
somewhere1 the public interests would   
often suffer serious injury before the  
senate should again be in session to act
 upon a nomination by the president4 ,as
 it is his duty to see that the business
 of the executive offices is faithfully 
done1 he seems to be the proper person  
to make such temporary appointment4     
,sec4#ac4 ,the powers and duties of the 
president enumerated in the next section
 of the constitution1 are all necessary 
to insure a successful administration of
 the government2 and they are so clearly
 of an executive nature1 that they could

 not with any degree of propriety have  
been devolved upon any other officer or 
department of the government4  ,sec4#ad4
 ,the last section of this article of   
the constitution enumerates the persons 
liable to be removed from office by     
impeachment1 and the offenses for which 
they are thus removable4 ,as in the     
state governments1 so in the general    
government1 impeachments are made by the
 house of representatives1 and tried by 
the senate4 7,chap4 ,,xx1 ,sec4#f-h2    
,cons4 ,u4,s41 art4 ,i1 ,sec4#b1 #c47   
,chapter ,,xli4  ,auxiliary ,executive  
,departments4 ,departments of ,state1 of
 the ,treasury1 of the ,interior1 of    
,war1 of the ,navy1 of the              
,post-,office2 ,attorney-,general4      
,sec4#a4 ,the great amount and variety  
of the executive business of the nation1
 requires the division of this          
department into several subordinate     
departments1 and the distribution among 
them of the different kinds of public   
business4 ,at the head of each of these 

departments is a chief officer4 ,these  
chief officers1 sometimes called heads  
of departments1 with the attorney       
general1 being private advisors or      
counselors of the president1 are called 
the cabinet4 ,they are appointed by the 
president and senate4  ,sec4#b4 ,by the 
first congress under the constitution1  
were established the state1 treasury1   
and war departments1 whose head         
officers1 called secretaries1 and the   
attorney-general1 constituted the first 
cabinet4 ,in #agih1 the navy department 
was established4 ,during president      
,jackson's term of office1 the          
postmaster-general was made a cabinet   
officer4 ,and the establishment1 in     
#ahdi1 of the department of the         
interior1 added to the cabinet the      
seventh member4  ,sec4#c4 ,the secretary
 of state performs such duties as are   
committed to him by the president       
relating to foreign intercourse4 ,some  
of these duties have been mentioned4    
7,chap4 ,,xxxix1 ,sec4#f47 ,he conducts 

all our diplomatic correspondence1 being
 the official organ of communication    
with the ministers of foreign           
governments sent to this country1 and   
with our ministers abroad4 ,diplomacy   
signifies the rules and customs which   
govern the intercourse of nations       
through their ministers or agents2 also 
the management of the business of a     
nation by its minister at a foreign     
court4 ,and such minister1 especially if
 he manages with ability and skill1 is  
called a diplomatist4  ,sec4#d4 ,the    
secretary of state keeps the seal of the
 ,united ,states2 and he makes out1     
records1 and seals all civil commissions
 to officers appointed by the president 
and senate1 or by the president4 ,his   
duties in relation to the publishing and
 distributing the laws1 and certain     
other matters1 are similar to the duties
 of a secretary of state of a state     
government4  ,sec4#e4 ,the secretary of 
the treasury has charge of the finances 
of the nation4 ,he superintends the     

collection of the revenue1 and performs 
certain other duties of the nature of   
the controller or auditor of a state4   
7,chap4 ,,xiii1 ,sec4#c47 ,he lays      
before congress annually a report of the
 finances1 containing a statement of the
 public revenue and expenditure during  
the past year1 the value of the imports 
and exports1 and estimates of the       
revenue and expenditures for succeeding 
years1 and plans for improving the      
revenues4 ,he also makes annually a     
statement of appropriations of money1   
and of sums remaining1 in the treasury4 
,sec4#f4 ,the vast amount of business in
 this department requires a great number
 of assistants2 among whom are several  
controllers and auditors of accounts2 a 
treasurer1 a register1 who keeps the    
accounts of goods imported and exported1
 and of the shipping employed in our    
foreign trade2 a solicitor2 a recorder2 
and numerous clerks4  ,sec4#g4 ,the     
secretary of the interior superintends  
the business relating to the public     

lands1 public buildings1 the lead mines 
and other mines of the ,united ,states1 
,indian affairs1 patents1 and pensions4 
,a pension is a yearly allowance to a   
person by the government for past       
services4 ,in this country pensions are 
granted for services in war4 ,they were 
at first allowed only to such as had    
been disabled in the war of the         
revolution and in the war of #ahab2 and 
subsequently to all who had served at   
least six months in the revolutionary   
war1 and to their widows during their   
lives4 ,those disabled in the late war  
with ,mexico have also been added to the
 pension list4 ,and by recent acts of   
congress1 bounties of lands were to be  
allowed to all the surviving soldiers of
 the war of #ahab1 who had served one   
month therein4  ,sec4#h4 ,the secretary 
of war performs duties relating to      
military commissions1 or to the land    
forces and warlike stores of the ,united
 ,states4 ,the standing army of the     
nation consists at present of about     

#ae1jjj men1 who are distributed among  
the several military stations1 armed and
 ready for service4 ,he reports annually
 a statement of the expenditure and     
application of moneys drawn from the    
treasury for his department1 and makes  
such suggestions relative to its        
condition as he thinks proper4 ,he is   
assisted by subordinate officers and    
clerks4  ,sec4#i4 ,the secretary of the 
navy executes the orders of the         
president for procuring naval stores and
 materials1 and for equipping and       
employing vessels of war1 and performs  
such other duties pertaining to the     
naval establishment as are required of  
him4 ,three officers are appointed by   
the president and senate1 who constitute
 a board of commissioners for the navy1 
and discharge the ministerial duties of 
the office of the secretary1 and furnish
 estimates of the expenditures of the   
department4  ,sec4#aj4 ,the             
postmaster-general establishes          
post-offices1 appoints postmasters and  

other persons employed in the general   
post-office1 and provides for carrying  
the mails4 ,he is assisted by three     
assistant post-masters-general1 an      
auditor of the post-office treasury1 to 
audit and settle the accounts of the    
department1 and to superintend the      
collection of the debts due the         
department4 ,the business of this       
department requires a large number of   
clerks4 ,he reports annually all        
contracts made for the transportation of
 the mail1 and a statement of the       
receipts and expenditures of the        
department4  ,sec4#aa4 ,postmasters keep
 an account of all letters sent from and
 received at their respective offices1  
stating the names of the offices from   
which letters are received1 and of those
 to which letters are sent1 and whether 
they are post paid or sent free4        
,postmasters1 at stated periods1 7in    
most places quarterly17 advertise all   
letters remaining in their offices2 and 
they send quarterly to the general      

post-office accounts of letters sent and
 received1 and of moneys received for   
postage1 and of those paid out on orders
 of the department4 ,letters also which 
have lain in their offices during the   
time for which they were required to be 
advertised1 are sent as dead letters to 
the general post-office1 where they are 
opened2 and such as contain money or    
other valuable matter are returned by   
mail to the writers4  ,sec4#ab4         
,postmasters are allowed for their      
services a commission on the amount of  
postage received by them quarterly4     
,those at whose offices the sums        
received are small1 are allowed a       
greater per centage than those where the
 receipts are large4 ,thus1 the         
commission at present 7#ahei7 is1 on the
 first #ajj received1 sixty per cent42  
on the next #cjj1 fifty per cent42 on   
the next #b1jjj1 forty per cent42 on all
 over #b1djj1 fifteen per cent4 ,stamped
 letters are considered as paid in cash4
 ,on newspaper postages1 fifty per cent1

 on all sums1 large or small4 ,if a     
postmaster's commission exceeds #b1jjj a
 year1 besides the expenses of the      
office1 the excess is paid to the       
general post office4 ,postmasters may   
also receive for pigeon-holes or boxes1 
not exceeding #b1jjj1 the excess1 if    
any1 to be paid to the general          
post-office4 ,postmasters whose         
compensation amounts to #a1jjj or more  
in a year1 are appointed by the         
president and senate4  ,sec4#ac4        
,postmasters whose commission on        
postages has been less than #bjj during 
the preceding year1 may receive and     
send1 free of postage1 letters on their 
own private business1 weighing not more 
than half an ounce4 ,and members of     
congress1 during their term of office1  
and until the first of ,december after  
its expiration1 may send and receive    
letters and packages weighing not more  
than two ounces1 and all public         
documents free4 ,a person to be entitled
 to send matter free1 must write on the 

outside his name and the title of his   
office4 ,this is called franking4 ,civil
 officers at the seat of government also
 may frank matter relating to the       
business of their offices1 by marking it
 outside1 official business4  ,sec4#ad4 
,the attorney-general attends to all    
suits in the supreme court of the       
,united ,states in which the ,united    
,states is a party or is concerned1 and 
gives his opinions on questions of law  
when requested by the president or heads
 of departments4     ,chapter ,,xlii4   
,judicial ,department4    ,sec4#a4 ,we  
come now to the third article of the    
constitution4 ,the first two sections   
provide for the organization1 and       
prescribe the powers1 of the courts of  
the ,united ,states4 ,the want of a     
national judiciary was a material defect
 of the confederation4 ,dependence upon 
the state courts to enforce the laws of 
the union1 subjected the government to  
great inconvenience and embarrassment4  
,a government that has a legislature and

 an executive1 should also have a       
judiciary to judge of and interpret the 
laws4 ,the constitution declares that   
the judicial power of the ,united       
,states shall be vested in one supreme  
court1 and in such inferior courts as   
the congress may ordain and establish4  
,under the authority here given1        
congress passed the judiciary act of    
#aghi1 by which the several courts of   
the ,united ,states were established4   
,sec4#b4 ,the same section declares1    
,the judges of both the supreme and     
inferior courts shall hold their offices
 during good behavior4 ,in no other     
department of the general government are
 offices held for so long a term1 which 
is virtually for life1 unless removed on
 impeachment1 or for inability4 ,to     
insure a correct and impartial          
administration of justice1 the judges   
should be independent4 ,if they could be
 displaced at the pleasure of the       
appointing power1 or by frequent        
elections1 they might be tempted to     

conform their opinions and decisions to 
the wishes of those on whom they were   
dependent for continuance in office4    
,the object of the framers was to remove
 them as far as possible from party     
influence4  ,sec4#c4 ,it is further     
provided1 with a view to the            
independence of the judges1 that their  
compensation shall not be diminished    
during their continuance in office4     
,salaries are fixed by congress4 ,to    
give congress power over the purse of an
 officer1 is to give it power over his  
will4 ,dependence upon the legislature  
would be as great an evil as dependence 
upon the appointing power4 ,besides1 men
 generally selected for high judicial   
offices are eminent lawyers1 pursuing a 
lucrative professional business2 and1   
without a liberal salary1 men of the    
greatest ability would not accept these 
offices2 or if in office1 an essential  
reduction of their compensation might   
induce them to resign their offices4    
,sec4#d4 ,the next section enumerates   

the cases to be tried in these courts4  
,it is evident from their nature that   
state courts are not the proper         
tribunals to try them4 ,also all        
violations of the laws of the ,united   
,states are tried in the national       
courts4 ,thus1 the counterfeiting of    
,united ,states coin1 murder and other  
crimes committed on the sea1 beyond the 
jurisdiction of a state1 smuggling      
goods1 that is1 secretly importing      
dutiable goods without paying the       
duties1 infringements of patent rights1 
c41 are prosecuted in courts of the     
,united ,states4  ,sec4#e4 ,the third   
clause of this section declares1 that   
the trial of all crimes1 except in cases
 of impeachment1 shall be by jury2 and  
such trial shall be held in the same    
state where the said crimes shall have  
been committed4 ,this is intended to    
secure the trial of the accused among   
his friends and acquaintances1 and near 
the residence of his witnesses1 whose   
attendance in a distant state could not 

be had without great inconvenience and  
expense1 which might deprive him of the 
benefit of an important witness4        
,sec4#f4 ,there are three kinds of      
national courts3 the supreme court1     
circuit courts1 and district courts4    
,every state constitutes at least one   
district4 ,the larger states are divided
 into two or more districts4 ,in each   
district is a district judge1 who holds 
a court four times a year4 ,there are   
also in each district1 a district       
attorney1 to conduct suits on the part  
of the ,united ,states1 and a marshal1  
whose business is similar to that of a  
sheriff4 ,this court tries the more     
common civil cases1 arising under the   
laws of the ,united ,states1 and the    
lower crimes against the laws of the    
,united ,states1 committed on land and  
sea4 ,this court has in some cases a    
jury4  ,sec4#g4 ,there are nine         
circuits1 each embracing several states4
 ,in each circuit is a justice or a     
judge1 who holds a court in his circuit 

twice a year4 ,the district judge of the
 district in which a circuit court is   
held1 sits with the circuit judge in    
holding a circuit court4 ,this court    
tries causes between citizens of        
different states1 between aliens and    
citizens1 and those in which the ,united
 ,states are a party4 ,it also tries    
some cases in appeal from the district  
courts4 ,it tries matters relating to   
affairs on the high seas1 and all       
felonies punishable with death4 ,it has 
a grand and a petit jury4  ,sec4#h4 ,the
 supreme court is composed of the nine  
judges of the circuit courts1 one of    
whom is chief-justice1 the others are   
called associate justices4 ,it holds one
 session annually at the seat of        
government1 commencing in ,january or   
,february1 and continuing about two     
months4 ,it will be seen from this      
section of the constitution1 that this  
court has original jurisdiction in but  
few cases4 ,its principal business is to
 rejudge cases brought up from the      

circuit courts4  ,sec4#i4 ,an important 
object of a supreme court of the ,united
 ,states1 is to secure a correct and    
uniform interpretation of the           
constitution and laws of the ,united    
,states4 ,state laws and decisions of   
state courts1 are sometimes made which  
are supposed to be repugnant to the     
constitution and laws of the ,united    
,states4 ,what may be pronounced        
constitutional in one state1 may be     
declared unconstitutional in another4   
,therefore it is provided that when an  
act or judgment in a case tried in the  
highest or last court in a state is     
deemed inconsistent with the            
constitution or laws of the ,united     
,states1 such case may be removed to the
 supreme court of the ,united ,states1  
whose decision governs the judgment of  
all inferior courts throughout the      
union4     ,chapter ,,xliii4  ,treason1 
defined2 its ,punishment4    ,sec4#a4   
,the constitution defines treason1 as   
follows3 ,treason against the ,united   

,states shall consist only in levying   
war against them1 or in adhering to     
their enemies1 giving them aid and      
comfort4 ,art4 #c1 sec4 #c4 ,a proneness
 to construe less aggravated crimes into
 acts of treason1 made it proper that   
the constitution should define the      
crime4 ,the term levying war has the    
sense here which it was understood to   
have in the ,english statute1 from which
 it was adopted4 ,an assemblage of men  
for a treasonable purpose1 such as war  
against the government1 or a revolution 
of any of its territories1 and in a     
condition to make such war1 constitutes 
a levying of war4  ,sec4#b4 ,war can be 
levied only by the employment of force2 
troops must be embodied2 men must be    
openly raised2 but there may be treason 
without arms1 or without the application
 of force to the object4 ,when war is   
levied1 all who perform a part1 however 
remote from the scene of action1 being  
leagued in the conspiracy1 commit       
treason4 ,but a mere conspiracy to levy 

war is not treason4 ,a secret1 unarmed  
meeting of conspirators1 not in force1  
nor in warlike form1 though met for a   
treasonable purpose1 is not treason2 but
 these offenses are high misdemeanors4  
,sec4#c4 ,the constitution also         
prescribes the proof necessary for the  
conviction of treason4 ,no person shall 
be convicted of treason1 unless on the  
testimony of two witnesses to the same  
overt act1 or on confession in open     
court4 ,no evidence less than this      
should be considered sufficient to      
convict a person of a crime for which he
 is to suffer death4  ,sec4#d4 ,congress
 shall have power to declare the        
punishment of treason4 ,art4 #c1 sec4   
#c4 ,by the common law1 the punishment  
of treason was of a savage and          
disgraceful nature4 ,the offender was   
drawn to the gallows on a hurdle2 hanged
 by the neck and cut down alive2 his    
entrails taken out and burned while he  
was yet alive2 his head cut off2 and his
 body quartered4 ,congress1 in pursuance

 of the power here granted1 has very    
properly abolished this barbarous       
practice1 and confined the punishment to
 simple death by hanging4  ,sec4#e4 ,but
 the same clause provides1 that no      
attainder of treason shall work         
corruption of blood1 or forfeiture1     
except during the life of the person    
attainted4 ,attainder literally         
signifies a staining1 or rendering      
impure2 but it here means a conviction  
and judgment in court against the       
offender4 ,by the common law1 the       
sentence of death for treason was made  
to affect the blood of the traitor2 so  
that he could neither inherit property  
nor transmit it to heirs2 but his estate
 was forfeited4 ,this practice1 so      
unjust to the innocent relatives of an  
offender1 is properly abolished by the  
constitution2 and congress has declared 
that no conviction or judgment shall    
work corruption of blood1 or any        
forfeiture of estate4 ,so that while    
this law continues1 there is no         

forfeiture1 even during the life of the 
person attainted4     ,chapter ,,xliv4  
,state ,records2 ,privilege of          
,citizens2 ,fugitives2 ,admission of    
,new ,states2 ,power over ,territory2   
,guaranty of ,republican ,government4   
,sec4#a4 ,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    
may1 by general laws1 prescribe the     
manner in which such acts1 records1 and 
proceedings shall be proved and the     
effect thereof4 ,art4 #d1 sec4 #a4      
,without this provision1 a person       
against whom a judgment has been        
obtained1 might remove with his property
 into another state1 where the property 
could not be taken on execution without 
a new trial and judgment2 which1 at so  
great a distance from the residence of  
the creditor and his witnesses1 would be
 very difficult and expensive1 and      
perhaps impossible4 ,now1 the           
proceedings of the court in which a     

judgment is obtained1 if sent to the    
place where the debtor resides1 have the
 same effect as in the state in which   
such proceedings were taken4  ,sec4#b4  
,there are several other cases which    
this provision is intended to meet4     
,but1 as is seen1 the effect of these   
acts1 records1 and judicial proceedings1
 and the manner of proving them are to  
be prescribed by congress4 ,in pursuance
 of the power here granted1 congress has
 enacted1 that a certificate under seal 
of the clerk of a court of record1      
transmitted to any state of the union1  
shall there be deemed evidence of the   
facts therein stated4 ,but if the thing 
certified is a judicial proceeding1 such
 sealed certificate must be accompanied 
by the certificate of the presiding     
judge or justice1 that the attestation  
of the clerk is in due form4 ,acts of a 
state legislature1 to be entitled to    
credit in another state1 must have the  
seal of the state affixed to them4      
,sec4#c4 ,the next section of this      

article provides1 that the citizens of  
each state shall be entitled to all the 
immunities and privileges of citizens in
 the several states4 ,this means that   
the citizens of any state going into    
other states1 shall not1 by the laws of 
those states1 be deprived of any of the 
privileges of citizens2 but shall be    
entitled to the privileges which are    
enjoyed by persons of the same          
description in the states to which they 
remove4 ,without such a provision1 any  
state might deny to citizens coming into
 it from other states1 the right to buy 
and hold real estate1 or to become      
voters1 or to enjoy equal privileges in 
trade or business4 ,a state may1        
however1 prescribe a certain term of    
residence therein as a qualification for
 voting at elections4  ,sec4#d4 ,the    
next clause of this section provides for
 apprehending a person charged with     
crime1 who shall flee from justice and  
be found in another state4 ,the governor
 of the state from which such person has

 fled1 sends a requisition to the       
governor of the state in which he is    
found1 demanding his delivery to the    
proper officers1 to be conveyed back for
 trial4 ,without such authority to      
apprehend criminals1 they might escape  
justice by taking shelter in another    
state4  ,sec4#e4 ,in the same section it
 is provided1 that no person held to    
service or labor in one state1 under the
 laws thereof1 escaping into another1   
shall1 in consequence of any law or     
regulation therein1 be discharged from  
such service or labor1 but shall be     
delivered up on claim of the party to   
whom such service or labor may be due4  
,this clause was intended for the       
benefit of the slaveholding states4 ,by 
the common law1 a slave escaping into a 
non-slaveholding state became free4 ,as 
it was presumed that other northern     
states would follow ,massachusetts in   
abolishing slavery1 the southern states 
wanted some provision to enable them to 
reclaim their fugitive slaves4  ,sec4#f4

 ,the manner in which slaves are to be  
reclaimed1 is prescribed by an act of   
congress4 ,the owner of a runaway slave1
 finding him in a free state1 arrests   
him and brings him before a magistrate2 
and if he proves his title to the slave 
to the satisfaction of the magistrate1  
the slave is delivered to the owner or  
claimant4 ,free colored persons have    
sometimes been arrested1 and1 on false  
testimony1 delivered to claimants1 taken
 to slave states and held as slaves4    
,hence the opinion prevails extensively 
that a person claimed as a slave should 
be entitled to trial by a jury2 and that
 the fact of his being a slave should be
 proved to the satisfaction of a jury   
before his delivery to a claimant4 ,many
 persons1 believing freedom to be the   
natural right of all men1 hold that all 
laws for returning fugitive slaves are  
wrong1 and ought not to be obeyed4      
,sec4#g4 ,the first clause of the next  
section provides1 that new states may be
 admitted into this union1 and requires 

the consent of congress and of the      
states concerned1 to the formation of   
new states from old ones4 ,a provision  
of this kind was deemed necessary in    
view of the large extent of vacant lands
 within the ,united ,states1 and of the 
inconvenient size of some of the states 
then existing4 ,the territory north-west
 of the ,ohio river had been ceded to   
the general government by the states    
claiming the same2 and a territorial    
government had already been established 
therein by the celebrated ordinance of  
#aghg4 ,from this territory have since  
been formed and admitted1 the states of 
,ohio1 ,indiana1 ,illinois1 ,michigan   
and ,wisconsin4  ,sec4#h4 ,south of the 
,ohio river also was a large tract1     
principally unsettled1 within the       
chartered limits of ,virginia1 ,north   
,carolina and ,georgia1 extending west  
to the ,mississippi river1 from which1  
it was presumed1 new states would be    
formed4 ,justice1 however1 to these     
states1 as well as to others in all     

future time1 required the general       
provision above mentioned1 that no state
 should be divided without the consent  
of its legislature and of congress4     
,sec4#i4 ,the next clause authorizes    
congress to dispose of and make all     
needful rules and regulations respecting
 the territory and other property of the
 ,united ,states4 ,if the general       
government has power to acquire         
territory1 it must have the right to    
exercise authority over it4 ,this       
express grant establishes beyond doubt a
 power which had been questioned under  
the confederation4 ,in pursuance of the 
power here granted1 congress has made   
rules and regulations for governing the 
people of different portions of such    
territory previously to their admission 
as states into the union4  ,sec4#aj4    
,the next section declares1 that the    
,united ,states shall guaranty to every 
state in this union a republican form of
 government2 and shall protect each of  
them against invasion1 and on the       

application of the legislature1 or of   
the executive 7when the legislature     
cannot be convened17 against domestic   
violence4 ,art4 #d1 sec4 #d4 ,the       
propriety of a power to prevent a state 
from changing its government to any     
other than a republican form1 is        
evident4 ,it is equally proper that a   
state1 when invaded by a foreign enemy1 
or in case of an insurrection within its
 own borders1 should have protection and
 aid from the general government2       
especially as the states have           
surrendered to it the right to keep     
troops or ships of war in time of peace4
 7,art4 #a1 sec4 #aj47     ,chapter     
,,xlv4  ,provision for ,amendments2     
,assumption of ,public ,debts2          
,supremacy of the ,constitution1 c42    
,oaths and ,tests2 ,ratification of the 
,constitution4    ,sec4#a4 ,the #eth    
article provides for amending the       
constitution4 ,it prescribes two        
different modes for proposing           
amendments1 and two modes of ratifying  

them4 ,amendments may be proposed by    
two-thirds of both houses of congress2  
or1 on the application or request of    
two-thirds of the states1 congress shall
 call a convention for proposing        
amendments4 ,proposed in either of these
 modes1 amendments1 to become valid as  
parts of the constitution1 must be      
ratified by the legislatures of         
three-fourths of the states1 or by      
conventions in three-fourths of them2   
the mode of ratification1 whether by the
 legislatures or by conventions1 to be  
proposed by congress4  ,sec4#b4 ,as the 
best human government is imperfect1 and 
as all the future wants and necessities 
of a people can not be foreseen and     
provided for1 it is obvious that every  
constitution should contain some        
provision for its amendment4 ,but if    
amendments could be made whenever       
desired by a bare majority of the       
states1 the strength and efficiency of  
the constitution might be greatly       
impaired by frequent alterations4 ,it is

 therefore wisely provided1 that a mere 
proposition to amend cannot be made but 
by a majority of at least two-thirds of 
congress1 or of the legislatures of at  
least of two-thirds of the states2 and  
that such proposition must be ratified  
by a still larger majority              
7three-fourths7 of the states4 ,it was  
thought better to submit occasionally to
 some temporary inconvenience1 than to  
indulge in frequent amendments of the   
constitution4  ,sec4#c4 ,the #fth       
article acknowledges the obligation of  
the general government to pay all debts 
contracted before the adoption of the   
constitution4 ,as has been observed1    
congress had borrowed money for the     
payment of which it was unable to       
provide2 and one object of a change of  
government was to make provision for    
fulfilling the engagements of the       
nation4 ,this clause1 it is said1 was   
also intended to allay the fears of     
public creditors1 who apprehended that a
 change in the government would release 

the nation from its obligations4        
,sec4#d4 ,the next clause declares1     
,this constitution1 and the laws made in
 pursuance thereof1 and all treaties    
made under the authority of the ,united 
,states1 shall be the supreme law of the
 land1 and the judges in every state    
shall be bound thereby1 any thing in the
 constitution or laws of any state to   
the contrary notwithstanding4 ,if all   
state authorities were not bound by the 
constitution and laws of the ,united    
,states1 nothing would have been gained 
by the union4 ,if the laws and treaties 
made by the general government could be 
disregarded or nullified by any power in
 a state1 why was power to make them    
given to the general government8        
,sec4#e4 ,the last clause of the #dth   
article requires certain officers1 both 
of the ,united ,states and of the       
several states to be bound by oath or   
affirmation to support this             
constitution4 ,binding the conscience of
 public officers by oath or solemn      

affirmation1 has ever been considered   
necessary to secure a faithful          
performance of their duties4 ,they are  
generally required to swear not only to 
support the constitution1 but also to   
discharge the duties of their offices to
 the best of their ability4  ,sec4#f4   
,the same clause declares that no       
religious test shall ever be required as
 a qualification to any office or public
 trust under the ,united ,states4 ,test 
here means an oath or a declaration in  
favor of or against certain religious   
opinions1 as a qualification for office4
 ,in ,england1 all officers1 civil and  
military1 were formerly obliged to make 
a declaration against                   
transubstantiation1 and to assent to the
 doctrines and conform to the rules of  
the established church4 ,desirous of    
securing to every citizen the full      
enjoyment of religious liberty1 the     
introduction of tests was prohibited by 
the constitution4  ,sec4#g4 ,the #gth   
and last article declares3 ,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 immediate ratification of the
 constitution by all the states was     
hardly to be expected2 a unanimous      
ratification1 therefore1 was not        
required4 ,but a union of less than nine
 states was deemed inexpedient4 ,the    
framers concluded their labors on the   
#agth of ,september1 #aghg2 and in      
,july1 #aghh1 the ratification of ,new  
,hampshire1 the ninth state1 was        
received by congress4  ,sec4#h4 ,the    
dates of the ratifications of the       
several states are as follows3          
,delaware1 ,december #g1 #aghg2         
,pennsylvania1 ,december #ab1 #aghg2    
,new ,jersey1 ,december #ah1 #aghg2     
,georgia1 ,january #b1 #aghh2           
,connecticut1 ,january #i1 #aghh2       
,massachusetts1 ,february #f1 #aghh2    
,maryland1 ,april #bh1 #aghh2 ,south    
,carolina1 ,may #bc1 #aghh2 ,new        

,hampshire1 ,june #ba1 #aghh2 ,virginia1
 ,june #bf1 #aghh2 ,new ,york1 ,july    
#bf1 #aghh2 ,north ,carolina1 ,november 
#ba1 #aghi2 ,rhode ,island1 ,may #bi1   
#agij4 ,the two last named states did   
not accede to the constitution until    
after proceedings under it had          
commenced4 ,the ratification of ,north  
,carolina was received by congress in   
,january1 #agij2 that of ,rhode ,island 
in ,june following4  ,sec4#i4 ,the first
 ,wednesday of ,january1 #aghi1 was     
appointed by congress for choosing      
electors of president in the several    
states1 and the first ,wednesday of     
,february for the electors to meet in   
their respective states to elect the    
president4 ,gen4 ,washington was        
unanimously elected1 and on the #cjth of
 ,april was inaugurated president4      
,proceedings under the constitution1    
however1 had commenced on the #dth of   
,march preceding4     ,chapter ,,xlvi4  
,amendments to the ,constitution4       
,sec4#a4 ,it is remarkable that1 during 

a period of seventy years1 the          
constitution has received so few        
alterations4 ,although twelve articles  
of amendment1 so called1 have been      
adopted1 only two1 7the #aath and       
#abth17 have in any manner or degree    
changed any of its original provisions4 
,most of them1 it will be seen1 are     
merely declaratory and restrictive4 ,as 
the principles which they declare were  
so generally acknowledged1 and as the   
general government was a government of  
limited powers1 having such only as were
 expressly authorized by the            
constitution1 the framers deemed these  
declarations and restrictions           
unnecessary4 ,but as several of the     
state conventions had1 at the time of   
adopting the constitution1 expressed a  
desire that declarations and guaranties 
of certain rights should be added1 in   
order to prevent misconstruction and    
abuse1 the first congress1 at its first 
session1 proposed twelve amendments1 ten
 of which were ratified by the requisite

 number of states4 ,virginia1 the last  
state necessary to make up such number1 
ratified ,december #ae1 #agia4  ,sec4#b4
 ,freedom in matters of religion1       
freedom of speech and of the press1 and 
the right to petition the government for
 the redress of grievances1 guarantied  
in the first article1 are rights so     
essential to civil liberty1 and so      
evidently just1 that it can hardly be   
presumed that congress would ever have  
passed laws directly violating these    
rights1 even though such laws had not   
been prohibited4  ,sec4#c4 ,the second  
article guaranties the right of people  
to bear arms4 ,without this right1      
ambitious men might1 by the aid of the  
regular army1 overthrow the liberties of
 the people1 and usurp the powers of    
government4  ,sec4#d4 ,the third article
 declares1 that no soldier shall1 in    
time of peace1 be quartered in any house
 without the consent of the owner1 nor  
in time of war1 but in a manner to be   
prescribed by law4 ,it is a principle of

 the common law1 that a man's house is  
his own castle4 ,among the grievances   
enumerated in the ,declaration of       
,independence1 was one for quartering   
large bodies of armed troops among the  
people of the colonies4 ,to secure the  
people against intrusions of this kind1 
is the object of this prohibition4      
,sec4#e4 ,the fourth article guaranties 
the right of the people to be secure in 
their persons1 houses1 papers1 and      
effects1 against unreasonable searches  
and seizures4 ,but there could be no    
such security1 if every man could1 on   
mere pretense or suspicion of injury1   
obtain a warrant for arresting his      
neighbor or searching his premises and  
seizing his property4 ,innocent men     
would often be subjected to much trouble
 and perplexity2 and unjust suspicions  
would be thrown upon their characters4  
,it is proper1 therefore1 that a        
magistrate shall not issue a warrant1   
unless it shall be made to appear1 by   
the oath of the applicant or of some    

other person that there is probable     
cause4  ,sec4#f4 ,the rights guarantied 
by the fifth article are common law     
rights1 and founded upon just           
principles4 ,we have elsewhere stated   
the object of grand juries1 and noticed 
the opinion of some1 that this object is
 sufficiently secured by the examination
 before the magistrate2 and1            
consequently1 that grand juries are     
unnecessary4 7,see ,chap4 ,,xix1        
,sec4#h-aj47 ,but while this article    
continues to be a part of the           
constitution1 grand juries in courts of 
the ,united ,states can not be dispensed
 with4 ,it is quite proper1 as is       
provided in this article1 that1 after a 
fair and impartial trial and an         
acquittal1 a person should not be tried 
a second time4 ,the provisions of the   
next article 7#fth7 are also necessary  
to secure the same object--the rights of
 liberty and life to every citizen4     
,sec4#g4 ,the seventh article of        
amendment secures1 in courts of the     

,united ,states1 in suits at common law1
 where the value in controversy shall   
exceed twenty dollars1 the right of     
trial by jury4 ,by suits at common law  
are meant those tried in the ordinary   
courts1 as distinguished from those     
tried in courts of equity and courts of 
admiralty4 ,this article further        
declares1 that 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 ,that is1 if a fact tried by a jury
 in a lower court1 is carried up to a   
higher court for reexamination1 such    
reexamination or new trial shall also be
 by jury4  ,sec4#h4 ,excessive bail     
shall not be required1 nor excessive    
fines imposed1 nor unusual punishments  
inflicted4 ,amend4 art4 #h4 ,the object 
of bail and the manner in which it is   
given1 have been stated4 7,chap4        
,,xviii47 ,without the above            
restriction1 the sum might be fixed so  
high as to prevent persons accused of   

crime from procuring the necessary      
sureties2 whereby innocent persons might
 be subjected to long imprisonment      
before the time of trial4 ,it is        
therefore properly left to the court to 
fix the sum1 which should correspond to 
the aggravation of the offense4 ,courts 
have the same discretion as to the      
measure of punishment to be inflicted in
 each particular case of crime4         
,sec4#i4 ,the ninth amendment is1 ,the  
enumeration in the constitution of      
certain rights1 shall not be construed  
to deny or disparage others retained by 
the people4 ,there were persons who     
feared that1 because the constitution   
mentioned certain rights as belonging to
 the people1 those not mentioned might  
be considered as having been surrendered
 to the general government4 ,this       
article was therefore inserted to       
prevent such a misconstruction of the   
constitution4  ,sec4#aj4 ,the tenth     
amendment is similar to the preceding4  
,the powers not delegated to the ,united

 ,states by the constitution1 nor       
prohibited by it to the states are      
reserved to the states respectively1 or 
to the people4 ,in other words the      
powers which the constitution has not   
given to the general government1 nor    
prohibited the states from exercising1  
the states or the people have reserved  
to themselves4 ,so clear is it1 that    
they retain all power which they have   
not in words parted with1 that it seems 
strange to many that the insertion of   
such a provision should ever have been  
thought necessary4  ,sec4#aa4 ,the      
eleventh amendment was proposed at the  
first session of the third congress1    
,march #e1 #agid1 and its ratification  
by the constitutional number of states  
was announced to congress by the        
president in a message dated ,january   
#h1 #agih4 ,this article prohibits a    
court of the ,united ,states from trying
 any suit in law or equity commenced or 
prosecuted against one of the states by 
citizens of another state1 or by        

citizens or subjects of any foreign     
state4 ,this is intended to prevent a   
state from being sued in an original    
suit1 by a private person1 the citizen  
of another state4  ,sec4#ab4 ,the       
twelfth and last amendment effects a    
change in the mode of electing the      
president and vice-president1 and has   
been considered4 7,chap4 ,,xxxix1       
,sec4#d47 ,this amendment was proposed  
at the first session of the eighth      
congress1 ,december #ab1 #ahjc1 and was 
adopted by the requisite number of      
states in #ahjd1 according to a public  
notice by the secretary of state1 dated 
the #beth of ,september of the same     
year4      ,common and ,statutory ,law4 
,chapter ,,xlvii4  ,rights of ,persons4 
,personal ,security2 ,personal ,liberty2
 ,religious ,liberty2 ,liberty of       
,speech1 and of the ,press2 ,right of   
,property4    ,sec4#a4 ,having taken a  
general view of the state governments   
and the government of the ,united       
,states1 and seen how wisely they are   

adapted to promote the general welfare  
and secure the blessings of liberty2 we 
proceed to give a digest of the laws    
which more particularly define the      
rights and prescribe the duties of      
citizens1 or by which their social and  
civil intercourse is to be regulated4   
,these laws1 it will be recollected1 we 
have elsewhere called the municipal or  
civil laws1 as distinguished from the   
political or fundamental law of the     
state4 7,chap4 ,,iii1 ,sec4#f47         
,sec4#b4 ,these laws are of two kinds1  
the written or statute law1 and the     
unwritten or common law4 ,statute laws  
are those which are enacted by the      
legislature1 and recorded in writing1   
and are usually collected and published 
in books4 ,the word statute is from the 
,latin statuo1 to set1 fix1 or          
establish4  ,sec4#c4 ,the common law is 
not a code of written laws enacted by a 
legislature1 but consists of rules of   
action which have become binding from   
long usage and established custom4 ,it  

is said to be founded in reason and the 
principles of justice4 ,the common law  
of ,england was brought over by our     
ancestors1 and established here before  
the revolution4 ,some of the states1 in 
their constitutions1 adopted after the  
revolution1 declared it to be the law of
 their respective states2 and it has    
continued to be law in all the states1  
and is still so considered1 except such 
parts as have been altered or repealed  
by constitutional or legislative        
enactments1 or by usage4  ,sec4#d4 ,the 
most valuable rights protected by law   
are the rights of personal security and 
personal liberty4 ,the right of personal
 security is the right to be secure from
 injury to our persons or good names4   
,by personal liberty is meant the       
freedom of our bodies or persons from   
restraint or confinement4 ,provisions   
guarantying these rights have been      
incorporated into our national          
constitution1 and the constitutions of  
the several states4  ,sec4#e4 ,the right

 of personal security is also protected 
by the law1 by which a man1 on showing  
reasonable cause of danger of personal  
injury1 may require his adversary to be 
bound with sureties to keep the peace4  
,and for violence committed1 the        
offender may be prosecuted in behalf of 
the state and punished1 and is liable   
also to the party aggrieved in a civil  
suit for damages4  ,sec4#f4 ,this right 
is further protected by the law which   
permits a man to exercise the natural   
right of self-defense4 ,in defending his
 person in case of a felonious assault1 
he may lawfully take the life of his    
assailant4 ,this is by law pronounced   
justifiable homicide1 and is allowed    
also in defense of one's property       
against felonious and violent injury4   
,but homicide 7man-killing7 is not      
justifiable in case of a private injury1
 nor upon the pretense of necessity when
 the party is not free from fault in    
bringing that necessity upon himself4   
,sec4#g4 ,the right to be secure in our 

good names1 which is included in the    
right of personal security1 is protected
 by the law against slander and libel4  
,a slander is a false and malicious     
report or statement tending to injure   
another in his reputation or business1  
and which1 if true1 would render him    
unworthy of confidence or employment2 or
 it is the maliciously charging of      
another with anything by which he       
sustains special injury4 ,the slander of
 a person by words spoken1 is a civil   
injury1 that is1 an injury for which    
redress is to be obtained in a civil    
suit for damages4  ,sec4#h4 ,a slander  
written or printed1 is called libel4 ,a 
libel is a malicious publication in     
print or writing1 signs or pictures1    
tending to expose a person to public    
hatred1 contempt1 or ridicule4 ,and it  
is considered in law a publication of   
such defamatory writing1 though         
communicated to a single person4 ,a     
slander written or printed is likely to 
have a wider circulation1 to make a     

deeper impression1 and to become more   
injurious4 ,a person may therefore be   
liable in damages for words in print or 
writing1 for which he would not be      
liable if merely spoken4 ,in case of    
libel1 a person is not only liable to a 
private suit for damages1 but may be    
indicted and tried as for other public  
offenses4  ,sec4#i4 ,it is a principle  
of ,english common law1 that in a       
criminal action for libel it is         
immaterial whether the matter of it is  
true or false2 and a person prosecuted  
for libel is not allowed1 in            
justification1 to prove to the jury the 
truth of his statement1 since the       
provocation1 not the falsity1 is to be  
punished4 ,and1 whether true or false1  
the libelous publication is equally     
dangerous to the public peace1 and is   
presumed to have been made with         
malicious intent4  ,sec4#aj4 ,it is     
held--and perhaps it is the prevailing  
opinion--that in a civil action for     
damages1 a libel must be false as well  

as scandalous1 and1 consequently1 that  
the truth may be pleaded in             
justification4 ,this point1 however1 is 
not fully settled4 ,the reason for this 
distinction between cases of public and 
private prosecution1 it is not easy to  
perceive4 ,if it is just to inquire into
 the good or bad intentions of the      
publisher in one case1 it would seem to 
be equally so in the other4  ,sec4#aa4  
,but the common law has been materially 
modified and relaxed in this country4   
,in most of the states it is provided by
 their constitutions or by law1 that the
 truth may be given in evidence1 and if 
it shall appear to the jury that the    
matter charged as libelous is true1 and 
was published with good motives and for 
justifiable ends1 the party shall be    
acquitted4 ,as it may sometimes be      
proper to speak or publish an           
unfavorable truth concerning others1 the
 principle of the above provision would 
seem to be founded in justice4 ,in the  
state of ,vermont1 and perhaps in a few 

other states1 if the party prosecuted   
proves the truth of his statement in any
 case1 he is acquitted4  ,sec4#ab4 ,the 
right of personal liberty is secured by 
express provision of the national       
constitution1 which guaranties to every 
citizen the privilege of the writ of    
habeas corpus4 7,cons4 ,u4,s4 art4 #a1  
sec4 #i47 ,the nature of this writ has  
been explained4 7,chap4 ,,xxxvi1        
,sec4#d47 ,the same provision has been  
inserted in the state constitutions4    
,this was a common law privilege1       
independently of any constitutional     
enactment4 ,the principal object of the 
provision seems to be to take from      
congress and the state legislatures the 
power to abolish this privilege1 or even
 to suspend it for any time1 or in any  
case1 except the particular cases       
mentioned4  ,sec4#ac4 ,freedom of       
religious opinion and worship1 or       
liberty of conscience1 is a valuable    
personal right1 included in the term1   
personal liberty1 and is effectually    

secured in this country4 ,in ,england1  
the country of our ancestors1 there is a
 church established and supported by the
 government4 ,this is sometimes called  
union of church and state4 ,the         
,american people1 from their love of    
religious freedom1 have1 in their       
constitutions1 expressly prohibited     
congress from making laws respecting the
 establishment of religion1 or          
prohibiting the free exercise thereof4  
7,amend4 art4 #a47 ,and the state       
constitutions have adopted similar      
provisions4  ,sec4#ad4 ,another         
important personal right comprehended in
 the term personal liberty1 and         
guarantied in the same article of the   
national constitution1 and in the state 
constitutions1 is the liberty of speech 
and of the press4 ,some of the          
monarchical governments of ,europe      
prohibited the people from speaking     
against the sovereign or his government4
 ,books and papers could not be         
published until they had been examined  

and approved4 ,the persons authorized to
 examine the manuscripts1 were called   
censors4 ,hence the expression sometimes
 heard1 censorship of the press4 ,to    
secure the liberty of speaking and      
publishing their sentiments freely up on
 all subjects1 the people of this       
country have made express provision in  
their constitutions2 which1 however1    
while they properly guaranty this right1
 leave men responsible for its abuse1   
and liable to prosecution for slander or
 libel4 7,sec4#g1 #h47  ,sec4#ae4 ,the  
right of property is the right to       
acquire property1 and to be free in the 
use and enjoyment of it4 ,to protect men
 in the enjoyment of this right1 is one 
of the principal objects of             
constitutions and laws4 ,the rights of  
property will constitute the subject    
matter of several subsequent chapters of
 this digest of common and statutory    
law4 7,chap4 ,l1 and onward47           
,chapter ,,xlviii4  ,domestic           
,relations4 ,husband and ,wife4         

,sec4#a4 ,to render a marriage contract 
lawful1 the parties must be of          
sufficient age1 called the age of       
consent2 which1 by the common law of the
 land1 is fourteen years in males1 and  
twelve in females4 ,in some states the  
age of consent has been altered by      
statute4 ,in ,ohio1 ,indiana1 and       
,michigan1 it has been raised to        
eighteen years in males1 and fourteen in
 females2 in ,illinois to seventeen and 
fourteen2 in ,wisconsin1 to eighteen and
 fifteen4  ,sec4#b4 ,the parties must   
also have sufficient understanding to   
transact the ordinary business of life4 
,idiots and lunatics cannot legally     
contract marriage4 ,persons must also   
act freely4 ,if the consent of either   
party has been obtained by force or     
fraud1 the marriage may be declared     
void4 ,the parties must not be nearly   
related4 ,the degrees of relationship at
 which they are forbidden to marry are  
in some states fixed by law2 but the    
laws of these states on the subject are 

not uniform4 ,some states have forbidden
 marriages which come within what is    
called the ,levitical degrees2 but these
 degrees have received different        
interpretations4 ,according to the      
interpretation of some1 the relation of 
uncle and niece and aunt and nephew1    
come within this rule4  ,sec4#c4 ,no    
person can lawfully remarry who has a   
wife or husband living4 ,such second    
marriage is1 by the common law1 null and
 void4 ,in some of the states1 perhaps  
in most of them1 it is declared         
polygamy1 and a state prison offense1   
except in certain cases2 as when the    
husband or wife of the party who        
remarries has been long absent1 and the 
party re-marrying does not know the     
other to have been living within the    
time2 or when the former husband or wife
 of the party remarrying has been       
sentenced to imprisonment for life2 or  
when the former marriage has been       
lawfully annulled or dissolved4 ,if1    
however1 a marriage has been annulled or

 dissolved for the cause of adultery1   
the criminal party is1 in some states at
 least1 not allowed to remarry4         
,sec4#d4 ,in some of the cases excepted 
in the preceding section1 the second    
marriage is merely excusable4 ,although 
the party to such marriage is exempt    
from the penalty1 yet if the former wife
 or husband is living1 though the fact  
is unknown1 and no divorce has been duly
 announced1 or the first marriage has   
not been duly annulled2 the second      
marriage is void4 ,where there is no    
statute regulation1 the common law      
governs1 which is1 that nothing but     
death1 or a decree of a competent court1
 can dissolve the marriage tie4         
,sec4#e4 ,the manner in which marriages 
are to be solemnized1 and by whom1 and  
the manner in which marriage licenses   
are to be obtained1 or notices of       
marriage published1 7which are required 
in some states17 are prescribed by the  
laws of the states in which such        
regulations exist4 ,marriages may       

usually be solemnized by ministers of   
the gospel1 judges1 justices of the     
peace1 and certain other officers4 ,but 
by the common law1 a marriage is        
rendered valid by a simple consent of   
the parties declared before witnesses1  
or subsequently acknowledged2 or such   
consent may be inferred from continual  
cohabitation and reputation as husband  
and wife4  ,sec4#f4 ,in law1 the husband
 and wife are regarded as one person4   
,by the common law1 the husband1 by     
marriage1 acquires a right to the       
property of the wife which she had      
before marriage1 and which she may      
acquire after marriage4 ,to her personal
 property1 including debts due her by   
bond1 note1 or otherwise1 he has an     
absolute right1 and may use and dispose 
of the same as he pleases4 ,her chattels
 real1 however1 which are leases of land
 for years1 though personal property1 he
 can not dispose of by will2 and if he  
makes no disposition of them during his 
life time1 and she outlives him1 she    

takes them in her own right4 ,if he     
survives his wife1 he acquires an       
absolute right to them4  ,sec4#g4 ,but  
to the real estate of the wife1 the     
husband does not acquire an absolute    
right4 ,he has only a right to the use1 
rents1 and profits thereof during his   
life1 if he shall die before his wife2  
and in that event she takes the estate  
again in her own right4 ,if the wife    
dies first1 and there are no children1  
her heirs immediately take the estate4  
,if there are children living1 the      
husband holds the estate for life1 and  
on his death it goes to the wife or her 
heirs4  ,sec4#h4 ,but this rule of the  
common law which gives to the husband   
the possession and disposal of the      
property of the wife1 has been repealed 
by special enactments in most of the    
states4 ,by these state laws1 the real  
and personal property of the wife owned 
by her before marriage1 or conveyed to  
her by any other person than her husband
 after marriage1 with the rents and     

profits of such property1 is declared to
 be her own1 and at her disposal1 and   
not liable for the debts of her husband1
 except in a few cases specified in the 
law of each state4 ,in some of these    
states1 although the property of the    
wife is not liable for the husband's    
debts1 he has the control and           
management1 and the rents and profits of
 it4  ,sec4#i4 ,as the husband1 by      
common law1 acquires1 by marriage1 an   
interest in the property of his wife1 he
 becomes liable for her debts contracted
 before marriage2 but if they are not   
recovered of him during coverture1 he is
 discharged ,coverture1 in law1 is the  
state of a married woman1 considered as 
under cover1 or under the power of her  
husband4 ,some of the states which have 
abolished the common law right of the   
husband to the property of the wife     
acquired before marriage1 have also     
abolished the common law obligation of  
the husband to pay the debts of the wife
 contracted before marriage2 her        

property alone being liable for such    
debts4  ,sec4#aj4 ,the husband is bound 
to maintain his wife1 and is liable for 
debts which she may contract for        
necessaries1 but for nothing more4 ,if  
he refuses to provide for her wants1 or 
if1 through other ill treatment or fault
 on his part1 they become separate1 he  
is liable to fulfill her contracts for  
necessaries1 even though he has         
forbidden persons to trust her4 ,if they
 part by consent1 and he secures to her 
a separate maintenance1 and pays it     
according to agreement1 he is not       
liable1 even for necessaries4  ,sec4#aa4
 ,the husband and wife can not be       
witnesses for or against each other2 but
 any declarations made by a wife when   
acting as agent for her husband1 may be 
admitted in evidence against him4 ,in a 
few states1 laws have been proposed1    
and1 it is believed1 in some they have  
been passed1 removing1 to some extent1  
this restriction upon the right of a    
husband or wife to the testimony of the 

other4     ,chapter ,,xlix4  ,domestic  
,relations1 continued4 ,parent and      
,child2 ,guardian and ,ward2 ,minors2   
,masters1 ,apprentices1 and ,servants4  
,sec4#a4 ,parents1 as the natural       
guardians of their children1 are obliged
 to provide for their support and       
education during their minority1 or     
while they are under twenty-one years of
 age4 ,at twenty-one they attain the age
 of majority1 when they are said to be  
of age4 ,under this age they are1 in    
law1 infants1 or minors4 ,the father1 if
 he is able1 is bound to support his    
minor children1 even if they have       
property of their own2 but in such case 
the mother is not so bound4 ,but a      
husband is not obliged to maintain the  
child of his wife by a former husband4  
,if1 however1 he takes the child into   
his family1 he is responsible for its   
maintenance and education while it lives
 with him4  ,sec4#b4 ,a father may be   
liable for necessaries sold to a child4 
,but to be so liable1 it must be proved 

that the contract for the articles was  
made by his actual authority1 or the    
circumstances must be sufficient to     
imply authority2 or that neglect to     
provide for the child1 or some other    
fault on the part of the father1        
rendered assistance to the child        
necessary4 ,being bound to provide for  
his children1 the father has a right to 
their labor or service2 and he may      
recover their wages from any person     
employing them without his consent4     
,sec4#c4 ,in general1 a minor cannot    
bind himself by contract4 ,if he lives  
with his father or guardian1 by whom he 
is properly supplied1 he can not bind   
himself even for necessaries4 ,but if1  
on contracting a debt1 he agrees to pay 
it after he shall have become of age1 he
 will then become liable4 ,if a minor   
has no father or other guardian1 his    
contracts for necessaries are binding   
upon him4  ,sec4#d4 ,if a minor takes an
 estate and agrees to pay rent1 he will 
be liable for its payment after he shall

 have become of age4 ,if he receives    
rents1 he can not demand them again when
 of age4 ,if he pays money on a         
contract1 and enjoys the benefit of the 
contract and then avoids it when he     
comes of age1 he can not recover back   
the consideration paid4 ,and if he      
avoids an executed contract when he     
comes of age1 on the grounds of infancy1
 he must restore the consideration4     
,sec4#e4 ,minors are answerable for     
crimes1 and may be indicted and tried1  
and1 on conviction1 be fined and        
imprisoned4 ,they are responsible also  
for acts of fraud4 ,their age and the   
peculiar circumstances in which they    
were placed1 might be such as to exempt 
them from liability2 but in cases of    
gross and palpable fraud committed by   
minors who have arrived at the age of   
discretion1 they would be bound by a    
contract4  ,sec4#f4 ,in general1 male   
infants and unmarried females under     
eighteen years1 may1 of their own free  
will1 bind themselves1 in writing1 to   

serve as apprentices and servants1 in   
any trade or employment2 males until the
 age of twenty-one1 and females until   
the age of eighteen years1 or for a     
shorter time4 ,but the minor must have  
the consent of the father2 or if the    
father is dead1 or disqualified by law1 
or neglects to provide for his family1  
consent must be had of the mother2 or1  
if the mother is dead or disqualified1  
then of the guardian4  ,sec4#g4 ,pauper 
children may be bound out by the        
officers having charge of the poor4 ,and
 the laws of many of the states1 perhaps
 of most or all of them1 very properly  
require1 that a person1 to whom a poor  
child is bound1 shall agree to cause    
such child to be taught to read and     
write1 and1 if a male1 to be also       
instructed in the general rules of      
arithmetic4  ,sec4#h4 ,masters have a   
right to correct their apprentices with 
moderation for negligence and           
misbehavior2 and they may recover damage
 at law of their apprentices for willful

 absence4 ,on the other hand1 a master  
may be prosecuted for ill usage to his  
apprentice1 and for a breach of his     
covenant4 ,a master is liable to pay for
 necessaries for his apprentice1 and for
 medical attendance1 but he is not so   
liable in the case of a hired servant4  
,sec4#i4 ,when an apprentice becomes    
immoral and disobedient1 an             
investigation of the matter may be had  
by the proper authorities2 and for good 
cause the indenture may be annulled1 and
 the parties discharged from their      
obligations4 ,upon the death of a       
master1 an apprenticeship is dissolved4 
,sec4#aj4 ,there is1 it is believed1 no 
statute law in any state1 particularly  
defining the rights and obligations of  
hired servants and the persons employing
 them4 ,both are obliged to fulfill     
their agreement4 ,if a hired servant    
leaves the service of his employer1     
without good cause1 before he has worked
 out the time for which he was hired1 he
 cannot recover his wages4 ,and for     

immoral conduct1 willful disobedience1  
or habitual neglect1 he may be          
dismissed4 ,on the other hand1 ill      
usage1 or any failure on the part of the
 employer to fulfill his engagement1    
releases the laborer from his service4  
,sec4#aa4 ,how far a master is          
answerable for the acts of his hired    
servant1 is not clear4 ,as a general    
rule1 the master is bound for contracts 
made1 and liable for injuries done1 by a
 servant actually engaged in the        
business of his master1 whether the     
injury proceeds from negligence or from 
want of skill4 ,but for an injury done  
by a willful act of the servant1 it is  
considered that the master is not       
liable4 ,if the servant employs another 
to do his business1 the master is liable
 for the injury done by the person so   
employed4 ,but a servant is accountable 
to his master for a breach of trust1 or 
for negligence in business1 or for      
injuring another person in his master's 
business4     ,chapter ,l4  ,right of   

,property4 ,how ,title to property is   
acquired2 ,wills and ,testaments ,title 
to ,property by ,descent4    ,sec4#a4   
,every citizen of the ,united ,states is
 capable of holding lands1 or real      
estate1 and of taking them by devise1   
descent1 or purchase1 and of selling and
 conveying away such estate4 ,aliens1 by
 common law1 have not this power4 ,in   
many of the states1 however1 this       
disability has been removed by statute4 
,on declaring their intention to become 
citizens1 and complying with certain    
regulations1 aliens acquire the right to
 take and hold real estate to themselves
 and their heirs4 ,but they may hold and
 dispose of personal property without   
any special enactment4  ,sec4#b4 ,to    
devise property is to give or bequeath  
it by will4 ,a will is a written        
instrument in which a person declares   
his will concerning the disposal of his 
property after his death4 ,it is also   
called testament4 ,this word is from the
 ,latin testis1 meaning witness4 ,hence 

the word has come to be applied to this 
instrument1 which is the witness or     
proof of a person's will4 ,a person     
making a will is called testator2 one   
who dies without making a will or       
testament1 is called intestate4         
,sec4#c4 ,all persons of full age and   
sound mind1 except married women1 may   
give and bequeath real and personal     
estate by a last will and testament4 ,in
 many of the states1 personal estate may
 be willed at an earlier age4 ,in a few 
states1 females at eighteen may make a  
will of real and personal estate4 ,in a 
few states1 personal estate may be      
willed verbally1 if the will is within a
 specified time reduced to writing1 and 
subscribed by disinterested witnesses4  
,in ,ohio such will must be written     
within ten days after the speaking of   
the testamentary words4 ,a will of this 
kind is called a nuncupative will4      
,sec4#d4 ,in most of the states1 laws   
have been enacted1 allowing married     
women to hold1 in their own exclusive   

right1 all the property1 real and       
personal1 which they owned at the time  
of marriage1 and which they may acquire 
after marriage4 7,chap4 ,,xlviii1       
,sec4#h47 ,with the right of possession 
is also given1 it is presumed1 the power
 of disposing of the property by will4  
,sec4#e4 ,a will devising real estate   
must be subscribed by at least two1 in  
some slates three1 attending witnesses1 
in whose presence the testator must     
subscribe the will1 or acknowledge that 
he subscribed it1 and declare it to be  
his last will and testament4 ,if the    
testator is unable to sign his will1    
another person may write the testator's 
name by his direction2 but he should    
sign his own name as witness to the     
will4  ,sec4#f4 ,a testator may revoke  
or alter his will by a later will or    
writing1 executed in the same manner4   
,but the second will1 to revoke the     
former1 must contain words expressly    
revoking it1 or directing a different   
disposal of the property4 ,a will may   

also be revoked by a sale of the        
property4 ,and any alteration of the    
estate or interest of the testator in   
lands devised1 is held to be an implied 
revocation of the will4 ,lands purchased
 after a will has been made1 are not    
conveyed by it4 ,as a general rule1 a   
will is also revoked by the subsequent  
marriage of the testator and birth of a 
child1 unless the wife and child have   
been otherwise provided for4 ,the will  
of an unmarried woman is revoked by her 
marriage4  ,sec4#g4 ,by the statutes of 
some states1 a child born after the     
death of the testator1 or born in his   
lifetime and after the making of the    
will1 inherits a share of the estate1 as
 if the father had died intestate4 ,in  
some other states1 the statute goes     
further1 and gives the same relief to   
all the children who are not provided   
for in the will1 and who have not had   
their portion in the parent's lifetime4 
,sec4#h4 ,a codicil is an addition or a 
supplement to a will1 and must be       

executed with the same solemnity4 ,it is
 no revocation of a will1 except in the 
precise degree in which it is           
inconsistent with it4  ,sec4#i4 ,after  
the death of a testator1 the will is    
brought before the court of probate to  
be proved4 7,chap4 ,,xx1 ,sec4#e47 ,when
 a will has been duly proved and        
allowed1 the court issues letters       
testamentary to the executor4 ,an       
executor is a person named in the will  
of a testator to carry the will into    
effect4 ,letters testamentary give him  
the power to act in settling the estate 
of the deceased4 ,if he refuses to act1 
or is not lawfully qualified1 the court 
appoints a person1 who1 in that case1 is
 called administrator2 and the court    
issues letters of administration with   
the will annexed4 ,letters of           
administration are also issued in case  
of a person dying intestate4 ,they give 
to the administrator the requisite      
authority to settle the estate4         
,sec4#aj4 ,taking property by descent1  

is the receiving of it from an ancestor 
or other relative dying intestate4 ,if a
 person dies without making a will1 his 
property falls1 or descends to his      
lawful heirs4 ,the order or rule of     
descent is not uniform in this country1 
being determined1 to a great extent1 by 
the laws of the states4 ,in general1    
however1 the real estate of an intestate
 descends1 first to his lineal          
descendants1 that is1 persons descending
 in a direct line1 as from parents to   
children1 and from children to          
grand-children4 ,the lineal descendants 
most nearly related to the intestate1   
however distant the relation may be1    
takes the estate4  ,sec4#aa4 ,if any    
children of an intestate are dead1 and  
any are living1 the inheritance descends
 to the children living1 and to the     
descendants of the children dead1 so    
that each child living shall receive    
such share as he would receive if all   
were living1 and the children of those  
who are dead such share as the parents  

would receive if living4 ,thus1 suppose 
an intestate had three sons1 one of whom
 is dead1 but has left children4 ,in    
this case1 each of the sons living would
 share one-third of the property1 and   
the children of the deceased son the    
remaining third4  ,sec4#ab4 ,but if the 
children are all dead1 and there are    
grand-children living1 the              
grand-children share equally1 though not
 an equal number are children of each   
parent4 ,if1 for example1 an intestate  
dies leaving no children1 but having had
 two sons1 one of whom had left three   
children1 and the other two1 the five   
share equally in the estate4 ,the laws  
of ,rhode ,island1 ,new ,jersey1 ,north 
,carolina1 ,south ,carolina1 ,tennessee1
 ,louisiana1 and ,alabama1 unless       
recently altered1 are exceptions to this
 rule4 ,in these states1 and perhaps in 
a few others1 though the children of the
 intestate are all dead1 the            
grand-children do not share equally1 but
 those of each stock1 or family1 take   

the portion which their parent would    
have taken if living4  ,sec4#ac4 ,the   
order of descent is so different in the 
states1 especially when there are no    
lineal descendants of an intestate1 that
 it can be ascertained only by reference
 to the laws of each state4 ,as a       
general rule1 real estate passes1 7#a47 
to the lineal descendants2 7#b47 to the 
father2 7#c47 to the mother2 7#d47 to   
the collateral or side relatives1 as    
brothers1 sisters1 nephews1 nieces1 c4  
,but even to this general rule there are
 exceptions in the laws of some states4 
,sec4#ad4 ,the rule of descent given in 
the preceding sections1 it will be seen1
 relates to real1 and not to personal   
estate4 ,the rule in regard to real     
estate1 and that relating to personal   
estate1 are generally somewhat different
 in the same state4     ,chapter ,,li4  
,deeds and ,mortgages4    ,sec4#a4 ,in  
whatever manner a person acquires       
possession of real estate1 whether by   
devise1 descent1 purchase1 or gift1     

evidence of possession consists1        
usually1 in a deed1 which is a written  
instrument conveying real estate to an  
heir1 a purchaser1 or a donee4 ,a deed  
of land sold1 contains the names of the 
seller and the purchaser1 the           
consideration1 or sum paid for it1 and a
 description of it2 and in express words
 grants and conveys all the interest of 
the seller or grantor to the purchaser  
and his heirs forever3 and the seller   
affixes his name and seal to the        
instrument1 usually in the presence of  
one or more subscribing witnesses4      
,sec4#b4 ,but a deed thus executed does 
not give to the purchaser sure          
possession of the land1 until it has    
been duly recorded in the office of the 
proper recording officer of the county  
in which the land lies2 or in the office
 of the town clerk1 in those states in  
which conveyances are required to be    
there recorded4 ,if the land should be  
conveyed by the seller to a subsequent  
purchaser who should get his deed first 

on record1 such purchaser would hold the
 land1 unless1 before purchasing1 he had
 had notice of a sale and deed to a     
prior purchaser4  ,sec4#c4 ,in some     
states1 a reasonable time is allowed a  
purchaser to get his deed recorded      
before he loses his right of possession 
by the earlier recording of another's   
deed4 ,in some other states1 the time is
 fixed by law1 and varies in these      
different states from fifteen days to   
two years4 ,but a deed1 though not      
recorded in season to secure the title  
against a second purchaser1 or though   
not recorded at all1 is good against the
 sellor or grantor2 and the dispossessed
 purchaser has a lawful claim against   
him for the value of the land4  ,sec4#d4
 ,a recorder or register may not record 
a conveyance of land without proof that 
it was executed by the person named in  
it as the maker or grantor4 ,this proof 
consists1 usually1 in a certificate of a
 proper officer1 on the back or margin  
of the deed1 stating that the person so 

named appeared before him1 and1 being   
duly sworn1 acknowledged that he was the
 person who had executed the deed4 ,in  
every state1 judges of courts and       
justices of the peace1 mayors of cities 
and aldermen1 notaries public1 or some  
of these officers1 and commissioners of 
deeds appointed for that special purpose
 may take acknowledgments4 ,in ,new     
,york and a few other states1 the       
acknowledgment may be dispensed with1   
and the execution of the deed may be    
proved by the subscribing witnesses4    
,deeds duly acknowledged1 are1 with the 
acknowledgments1 copied by the recorder1
 word for word1 in books provided for   
that purpose4  ,sec4#e4 ,as a person can
 not give a good title unless he has one
 himself1 the seller or grantor         
covenants and agrees that he is seized  
of the premises in fee-simple1 7meaning 
that he is the absolute owner17 and that
 he will warrant and defend the premises
 in the quiet and peaceable possession  
of the purchaser and his heirs forever4 

,hence such deed is called a warranty   
deed1 ,for definition of fee and        
fee-simple1 see ,chap4 ,,liii1 ,sec4#a4 
,a quit-claim deed merely conveys the   
interest or claim of the grantor4 ,it   
contains no warranty of title against   
any other claimant4  ,sec4#f4 ,a        
mortgage is a grant of land as security 
for the payment of money1 on condition  
that1 if the money shall be paid        
according to contract1 the grant shall  
be void4 ,when only a part of the       
purchase money is paid on receiving a   
deed1 the purchaser usually executes a  
mortgage to the seller1 pledging the    
land as security for the remainder of   
the purchase money4 ,and if the money   
shall not be paid as agreed1 the land   
may be sold2 but if sold for more than  
the amount due1 the overplus is to be   
paid to the mortgager4  ,sec4#g ,to     
effect a full conveyance of real estate1
 a wife must join with her husband by   
signing the deed with him2 or1 in case  
of the husband's death in her lifetime1 

she would be entitled1 for life1 to the 
use of one-third of the estate4 ,this   
interest of a widow in the estate of a  
deceased husband1 is called dower4 ,it  
is necessary also for the wife to       
acknowledge1 before the officer taking  
the acknowledgment1 and apart from her  
husband1 that she signed the deed       
freely1 and without compulsion of her   
husband4 ,in some states1 the           
acknowledgment of the wife out of the   
presence of her husband is not required4
     ,chapter ,,lii4  ,incorporeal      
,hereditaments4 ,right of ,way2 ,aquatic
 ,rights1 c4    ,sec4#a4 ,the term      
incorporeal hereditaments may1 to some  
readers1 need explanation4 ,a           
hereditament is a thing capable of being
 inherited4 ,land1 and all things       
attached to it by the course of nature  
or the hands of men1 as trees1 herbage1 
water1 buildings1 c41 which are         
comprehended in the term real estate1   
are corporeal hereditaments4            
,incorporeal hereditaments are          

inheritable rights which grow out of    
corporeal inheritances1 or which consist
 in their enjoyment2 as the right of    
pasturing a common2 a right of passage  
over the land of another2 a right to the
 use of waters1 sometimes called aquatic
 rights1 c4  ,sec4#b4 ,a right of way is
 a right of private passage over another
 man's ground4 ,this right is sometimes 
granted by the owner of the soil2 and to
 make it a freehold right1 it must be   
created by deed1 though it be only an   
easement upon the land of another1 and  
not an interest in the land itself4 ,an 
easement is1 in general1 an             
accommodation4 ,in law1 it is any       
privilege or convenience which one has  
of another1 by grant or otherwise1 as a 
right of way1 c4 ,by the grant of an    
easement1 the grantee acquires no other 
right than what is necessary to the fair
 enjoyment of the privilege4  ,sec4#c4  
,if it is a mere personal right1 it can 
be enjoyed only by the owner of the     
right1 and when he dies1 the right dies 

with him4 ,but a right of way belonging 
to an estate may be conveyed when the   
land is sold4 ,thus1 if a man owns lot  
,a and lot ,b1 and he used a way from   
lot ,a1 over lot ,b1 to a mill1 or to a 
river2 and if he sells lot ,a with all  
ways and easements1 the grantee will    
have the same privilege of passing over 
lot ,b as the grantor had4  ,sec4#d4 ,a 
right of way may arise from necessity4  
,if a man sells a part of his land1 and 
there is no other way to the remaining  
part1 he is entitled to a right of way  
to it over the land sold4 ,and if a man 
sells land wholly surrounded by his own 
land1 the purchaser is entitled to a    
right of way to it over the other's     
ground1 even though no such right is    
reserved4 ,the right of way passes to   
the purchaser1 as necessarily incident  
to the grant1 or included in it4        
,sec4#e4 ,a man having license to       
conduct lead pipes through the land of  
another1 may enter on the land1 and dig 
therein1 to mend the pipes4 ,the general

 rule is1 that when the use of a thing  
is granted1 every thing is granted which
 is necessary to the enjoyment of its   
use4  ,sec4#f4 ,a person has a temporary
 right of way over land adjoining a     
public highway1 if the highway is out of
 repair1 or is obstructed by snow1 a    
flood1 or otherwise4 ,but the right of  
going upon adjoining lands does not     
apply to private ways4 ,a person having 
a right to a private way over another's 
land1 has no right to go upon adjoining 
land1 even though the private way is    
impassable4  ,sec4#g4 ,a right of way   
sometimes arises by prescription2 which 
is the right or title to a thing derived
 from long use and enjoyment4 ,such is  
the right which1 by common law1 a man   
acquires to land which has been         
peaceably held by himself1 or by himself
 and preceding owners1 for twenty years4
 ,although the first occupancy was      
obtained without grant1 the long free   
use of the land is1 in law1 equivalent  
to a grant1 and implies a valid title4  

,in some states1 shorter periods have   
been fixed by statute in which a right  
by prescription may be obtained4 ,in    
,pennsylvania1 and ,ohio1 the period is 
fixed at twenty-one years4  ,sec4#h4    
,the owners of land adjoining highways1 
have a right to the soil to the centre  
of the road3 the public have only a     
right of passage while the road is      
continued4 ,the owners of the soil may  
maintain a suit against any person who  
encroaches upon the road1 or digs up the
 soil1 or cuts down trees growing on the
 side of the road4 ,they may carry water
 in pipes under it1 and have every use  
of it that does not interfere with the  
rights of the public4  ,sec4#i4 ,every  
proprietor of lands adjoining a stream1 
has naturally an equal right to the use 
of the water that flows in the stream   
adjacent to his lands1 as it was wont to
 run4 ,each may use the water while it  
runs upon his own land2 but he can not  
unreasonably detain it1 or give it      
another direction2 and he must return it

 to its ordinary channel when it leaves 
his estate4 ,he can not1 by dams or any 
obstruction1 cause the water injuriously
 to overflow the grounds of the neighbor
 above him1 nor so use or apply it as   
materially to injure his neighbor below 
him4  ,sec4#aj4 ,but this right to the  
use of waters1 as an easement to the    
land1 may be acquired and lost1 or      
enlarged and abridged1 by prescription4 
,a man may diminish the quantity of the 
water1 or corrupt its quality1 by the   
exercise of certain trades2 and by such 
use of the water for a sufficient length
 of time1 he is in law presumed to have 
acquired it by grant3 and this          
presumption is the foundation of his    
right by prescription4 ,the time of such
 use and enjoyment of water necessary to
 establish such right is twenty years1  
except in states in which a different   
period is fixed by statute4 7,sec4#g47  
,sec4#aa4 ,it is a general and          
established doctrine1 that an exclusive 
and uninterrupted enjoyment of water1 or

 of light1 or of any other easement1 in 
any particular way1 for twenty years1 or
 for any other period which in any      
particular state is the established     
period of limitation1 is a sufficient   
enjoyment to raise a presumption of     
title as against the right of any other 
person4 ,the enjoyment is deemed to have
 been uninterrupted1 whether it has been
 continued from ancestor to heir1 and   
from seller to buyer2 or whether the use
 has been enjoyed during the entire     
period by one person4  ,sec4#ab4 ,as a  
right may be acquired by use1 so it may 
be lost by disuse2 and as an enjoyment  
for twenty years1 or such other period  
as is prescribed by statute1 is         
necessary to establish a right2 an      
absolute discontinuance of the use for  
such period will raise the presumption  
that the right has been released or     
extinguished4 ,thus a title to land may 
pass from its actual owner by           
non-occupancy for the period above      
stated2 and a title to it may be        

acquired by an undisturbed occupant who 
shall hold it in peaceable and          
uninterrupted possession for the same   
period4     ,chapter ,,liii4            
,leases3--,estates for ,life2 ,estates  
for ,years2 ,estates at ,will2 ,estates 
by ,sufferance2 ,rent1 c4    ,sec4#a4   
,real estate1 the title to which is     
conveyed by deed1 as distinguished from 
other estates in land1 is called an     
estate of inheritance4 ,an estate of    
inheritance1 that is1 an estate in lands
 that may be transmitted by the owner to
 his heirs1 is a fee4 ,no estate is     
deemed a fee unless it may continue     
forever4 ,when it is a pure and absolute
 inheritance1 clear of any qualification
 or condition1 it is called a           
fee-simple4  ,sec4#b4 ,an interest in   
lands which is to continue for a limited
 period1 is usually conveyed by a       
written instrument called lease4 ,to    
lease1 means to let2 but generally to   
grant the temporary possession of real  
estate to another for rent or reward4   

,sometimes the word demise is used for  
ease4 ,the landlord1 or person letting  
the estate1 is called lessor2 and the   
tenant1 or person to whom the land is   
leased1 is called lessee4 ,leases for a 
term longer than one year1 are usually  
required to be sealed1 and in some      
states1 proved and recorded also1 as    
deeds and mortgages4  ,sec4#c4 ,these   
limited interests in land are divided   
into estates for life1 estates for      
years1 estates at will1 and estates by  
sufferance4 ,an estate for life is an   
estate conveyed to a person for the term
 of his natural life4 ,life estates held
 by lease1 however1 are not common in   
this country4 ,another kind of life     
estate is that which is acquired1 not by
 the acts of the parties1 as by lease1  
but by the operation of law4 ,such is   
the right of a husband to the real      
estate of his wife acquired by her      
before or after marriage4 ,such also is 
the right of dower4 7,chap4 ,,xlviii1   
,sec4#f1 #g4 ,chap4 ,,li1 ,sec4#g47     

,sec4#d4 ,an estate for years is a right
 to the possession and profits of land  
for a determinate period1 for           
compensation1 called rent2 and it is    
deemed an estate for years1 though the  
number of years should exceed the       
ordinary limit of human life4 ,and if a 
lease should be for a less time than a  
year1 the lessee would be ranked among  
tenants for years4 ,letting land upon   
shares for a single crop is not         
considered a lease2 and possession      
remains in the owner4  ,sec4#e4 ,a      
lessee for years may assign over his    
whole interest to another1 unless       
restrained by agreement not to assign   
without leave of the lessor4 ,and he may
 underlet for any less number of years  
than he himself holds2 but he is himself
 liable to the landlord4  ,sec4#f4 ,a   
tenant for years1 whose lease expires   
after the land is sown or planted1 and  
before harvest1 is not entitled to the  
crop1 if the lease is for a certain     
period2 for1 knowing that his lease     

would expire before harvest time1 he    
might have avoided the loss of his      
labor4 ,but if the lease for years      
depends upon an uncertain event1 the    
occurring of which would terminate the  
lease before the expiration of the term1
 the tenant would be entitled to the    
crop1 if there were time to reap what   
has been sown1 in case he should live4  
,it is believed that1 in a few states1  
the tenant has a right to the crop from 
grain sown in the autumn before the     
expiration of the lease1 and cut the    
next summer after its expiration4       
,sec4#g4 ,where there is an express     
agreement to pay rent1 the tenant can   
not avoid payment even if the premises  
are destroyed by fire or flood1 or if he
 is in any other manner deprived of     
their enjoyment and use1 even without   
any default on his part4 ,hence1 if land
 should be leased with a flock of sheep1
 and the sheep should die1 the full rent
 must be paid4 ,but if the land should  
be recovered from the tenant by a person

 having a better title than that derived
 from his landlord1 he is not liable for
 rent after his use of the land has     
ceased4  ,sec4#h4 ,a tenant can not make
 repairs at the expense of the landlord1
 or deduct the cost of them out of the  
rent1 unless by special agreement4 ,but 
if the premises1 from want of repair1   
have become unsafe or useless1 the      
tenant from year to year may quit       
without notice2 and he would not be     
liable for rent after the use had ceased
 to be beneficial4  ,sec4#i4 ,when rent 
is due1 payment may be made or tendered 
upon the premises2 and if no place of   
payment has been agreed on1 a personal  
tender off the land is also good4 ,as to
 the time of payment1 where there is no 
special agreement to the contrary1 rent 
is due yearly1 half-yearly1 or          
quarterly1 according to the usage of the
 country4 ,where there is no particular 
usage1 the rent is due at the end of the
 year4  ,sec4#aj4 ,an estate at will is 
where land is let to another1 to hold at

 the will of the lessor4 ,tenancies at  
will1 strictly such1 are not common4    
,such estates1 when no certain term is  
agreed on1 are construed to be tenancies
 from year to year1 and each party is   
bound to give reasonable notice of an   
intention to terminate the lease4 ,if   
the tenant holds over after the         
expiration of a lease for years1 either 
by express consent1 or under            
circumstances implying consent1 it is   
held to be evidence of a new contract   
without any definite period1 and is     
construed to be a tenancy from year to  
year3 and in those states where the old 
,english rule prevails1 six months'     
notice must be given the tenant to quit4
  ,sec4#aa4 ,what turns leases for      
uncertain terms into leases from year to
 year1 is the landlord's reserving      
annual rent4 ,a tenant placed on land   
without any terms prescribed or rent    
reserved1 is strictly a tenant at will2 
and it has been held that such tenant is
 not entitled to notice to quit2 but the

 general rule now seems to be1 that even
 in such case the six months' notice is 
necessary2 or1 as in some states1 a     
reasonable notice4  ,sec4#ab4 ,an estate
 at sufferance is that which is acquired
 by a tenant who has come into lawful   
possession of land1 but who holds over  
by wrong after his interest has ceased4 
,he is not entitled to notice to quit2  
and where there is no special statute1  
he is not liable for rent2 and the      
landlord may enter1 and remove the      
tenant and his goods with such gentle   
force as may be necessary4 ,if undue    
force is used1 the landlord would be    
liable to an action for forcible entry  
and detainer4     ,chapter ,,liv4       
,contracts in ,general4    ,sec4#a4 ,a  
contract is an agreement between two or 
more persons1 by which the parties agree
 to do1 or not to do1 a particular      
thing4 ,contracts are executory1 when   
the stipulations remain to be executed1 
or when one party agrees to sell and    
deliver1 at a future time1 for a        

stipulated price1 and the other agrees  
to accept and pay4 ,contracts are       
express1 when the parties contract in   
express words1 or by writing2 implied1  
when an act has been done which shows   
that the parties must have intended to  
contract2 as1 when a person employs     
another to do some service1 it is       
presumed that the party employing       
intended to pay for the labor performed4
  ,sec4#b4 ,contracts are also          
distinguished as specialties and simple 
contracts4 ,a specialty is a contract   
under seal2 as a deed1 or a bond4 ,but  
we shall here consider chiefly that     
common class of contracts called simple 
contracts1 or contracts by parol4 ,parol
 signifies by word of mouth4 ,applied to
 contracts1 however1 it not only means  
verbal contracts1 but includes written  
contracts not under seal4 ,both are     
simple contracts2 the distinction       
between them is in the mode of proof4   
,the mutual understanding of the parties
 to a verbal contract may be proved by  

parol evidence4 ,but as the real        
intention of parties is more likely to  
be expressed in a written contract1 the 
rule of law is1 that parol evidence may 
not be admitted to contradict or vary   
the terms of a written instrument4 ,it  
may however be admitted to explain what 
is doubtful1 or to supply some          
deficiency4  ,sec4#c4 ,to make a valid  
contract1 the parties must be capable of
 contracting4 ,they must be of sound    
mind4 ,hence idiots and lunatics are    
generally incompetent to make contracts4
 ,contracts by lunatics and idiots are  
not necessarily void1 but only voidable2
 the validity or invalidity depending   
upon facts to be proved4 ,to avoid a    
contract on the ground of mental        
imbecility1 it must be proved that the  
party contracting was at the time       
incompetent4 ,but if a general          
derangement is once established or      
conceded1 the person is presumed to be  
incompetent2 and the party seeking to   
enforce the contract must prove the     

other to have been sane4 ,the general   
rule in the case of idiots is1 that if  
the party is incapable of acting in the 
ordinary affairs of life1 or in the     
particular contract1 his idiocy will    
annul the contract4  ,sec4#d4 ,drunkards
 also are incompetent to contract while 
in a state of intoxication1 provided the
 drunkenness is such as to deprive them 
of reason for a time1 and create        
impotence of mind4 ,but for absolute    
necessaries1 if the drunkard consumes   
them during his drunkenness1 or keeps   
them after becoming sober1 he is liable4
 ,intoxication only renders a contract  
voidable1 not void1 as the party        
intoxicated may adopt it on recovering  
his understanding4  ,sec4#e4 ,another   
requisition to a valid contract1 is the 
mutual assent of the parties4 ,a mere   
offer by one party not assented to or   
accepted by the other1 constitutes no   
contract4 ,assent must also be given    
freely4 ,a contract entered into under  
duress1 or compulsion1 is not binding2  

as where assent is extorted by threats  
of personal injury4 ,assent must also be
 given with a knowledge of facts4 ,a    
contract made under an injurious        
mistake1 or ignorance of a material     
fact1 may be avoided1 even though the   
fact is not fraudulently concealed4 ,but
 a mistake made through ignorance of the
 law1 will not render a contract void4  
,sec4#f4 ,a valuable consideration also 
is necessary to a valid contract4 ,a    
consideration is what is given or done1 
or to be given or done1 as the cause or 
reason for which a person enters into an
 agreement4 ,thus1 the money given or   
offered1 for which a man agrees to      
perform certain labor1 is the           
consideration of the agreement4 ,so the 
money or other thing for which a        
promissory note is given1 is the        
consideration4 ,a valuable consideration
 is any thing that is either a benefit  
to the party promising1 or some trouble 
or injury to the party to whom the      
promise is made4  ,sec4#g4 ,mutual      

promises are sufficient considerations  
to make a contract binding2 but they    
must be made at the same time4 ,such    
promises support each other4 ,the       
promise of one party constitutes a      
sufficient consideration for a promise  
by the other party4 ,in case the parties
 are distant from each other1 if the    
proposition is made in writing and sent 
by mail1 and a letter of acceptance is  
written and put in the mail1 the        
contract is complete1 unless1 before    
mailing the letter of acceptance1 a     
second letter has been received         
containing a retraction of the proposal4
  ,sec4#h4 ,promises which are wholly   
gratuitous are void2 because1 being     
neither a benefit to the promiser1 nor  
an injury to the promisee1 they are not 
regarded in law as a valuable           
consideration4 ,hence1 subscriptions to 
public works and charitable1 literary1  
and religious institutions1 if they are 
merely gratuitous1 can not be collected1
 unless they have operated to induce    

others to advance money1 make           
engagements1 or do other acts to their  
own injury4  ,sec4#i4 ,as gratuitous    
promises are void for want of           
consideration1 so merely gratuitous     
services1 as voluntarily assisting to   
save property from fire1 or securing    
beasts found straying1 or paying        
another's debts without request1 afford 
no consideration upon which payment for 
their value can be lawfully claimed2    
there being no promise of compensation4 
,but if a person knowingly permits      
another to do certain work1 as plowing  
his field1 or hoeing his corn1 although 
the work may have been commenced without
 his order or request1 his consent will 
be regarded in law as an implied promise
 to pay for the value of the labor1     
unless the circumstances of the case are
 such as to forbid the presumption4     
,sec4#aj4 ,a consideration must also be 
possible1 and in accordance with law1   
sound policy1 and good morals4 ,a       
contract founded upon an impossible     

consideration is void4 ,no man can be   
lawfully bound to do what is not in the 
power of man to do4 ,but it is          
otherwise1 if the thing to be done is   
only at the time impossible in fact1 but
 not impossible in its nature4 ,hence1  
inability from sickness to fulfill an   
agreement1 or the impossibility of      
procuring an article of a certain kind  
or quality which a person has agreed to 
deliver1 would not exempt him from      
liability in damages for the            
non-performance of his contract4        
,sec4#aa4 ,a contract1 the consideration
 of which is illegal or immoral1 may be 
avoided by either party4 ,a man can not 
be held to an agreement to do acts      
forbidden by the law of ,god or by the  
laws of the state4 ,but if an illegal   
contract has been executed2 in other    
words1 if the wrong has been done1 the  
party in the wrong can not renounce the 
contract2 for the general rule is1 that 
no man can take advantage of his own    
wrong2 and the innocent party alone has 

the privilege of avoiding the contract4 
,if both parties are guilty1 neither    
can1 in ordinary cases1 obtain relief on
 a contract that has been executed4     
,sec4#ab4 ,the rule that a consideration
 is necessary to a valid contract       
applies to all contracts and engagements
 not under seal1 except bills of        
exchange and negotiable notes after they
 have passed into the hands of an       
innocent indorsee4 7,see ,promissory    
,notes47 ,in contracts under seal1 a    
consideration is necessarily implied in 
the solemnity of the instrument4        
,sec4#ac4 ,it is declared by the        
,english statute of frauds1 which       
prevails generally in the ,united       
,states1 that an agreement which is not 
to be performed within one year from the
 time of making it1 shall not be valid1 
unless such agreement1 or some          
memorandum or note thereof1 is in       
writing1 and signed by the party to be  
charged4 ,the statutes of some of the   
states have adopted this provision of   

the ,english statute1 and require       
further1 that a special promise to      
answer for the debt1 default1 or        
misdoing of another person1 and an      
agreement or promise upon consideration 
of marriage1 7except mutual promises to 
marry17 shall likewise be void without  
such writing1 in which the consideration
 shall be expressed4     ,chapter ,,lv4 
,contracts of ,sale4    ,sec4#a4 ,a     
,sale is a transfer of the title to     
property to another person for a certain
 price2 or the exchange of a commodity  
for its equivalent value in money4 ,the 
exchange of one commodity for another1  
is barter4 ,unless the absolute title is
 conveyed1 the contract is merely a     
mortgage4 ,the same general principles  
of law which apply to contracts in      
general1 are applicable to contracts of 
sale1 viz43 the competency of the       
parties to contract2 the sufficiency of 
the consideration2 its legality and     
morality2 the assent of the parties2 and
 the absence of fraud4  ,sec4#b4 ,to    

make a sale valid1 the thing to be sold 
must have an actual or a possible       
existence1 and be capable of delivery4  
,thus1 if ,a sells a horse or certain   
goods to ,b2 and if1 at the time of the 
sale1 the horse is dead1 or the good8   
are destroyed2 the sale is void4 ,if the
 goods are partially destroyed1 the     
buyer may either take them at a         
proportionate reduction of the price1 or
 abandon the contract4  ,sec4#c4 ,but1  
although the thing to be sold has no    
actual and present existence2 yet if its
 future existence is possible1 and if it
 is the product or increase of something
 to which the seller has a present      
right1 it is the subject of sale4 ,thus1
 a man may sell the wool that may grow  
on his sheep1 the fruit that may grow on
 his trees1 or the future increase of   
his cattle4 ,but he cannot sell the     
products of the sheep or cattle which he
 may hereafter buy4 ,a man may1 however1
 agree to procure goods which he has    
not1 and to furnish at a future time1   

for a certain price2 and his contract   
will be good2 though this is not        
strictly a sale1 but an agreement to    
sell4  ,sec4#d4 ,there can be no sale   
without a price2 and the price must be  
fixed and definite1 or susceptible of   
being ascertained by reference to some  
criterion prescribed in the contract1 so
 as to render any further negotiation of
 the parties unnecessary4 ,thus1 a man  
may agree to pay what shall be the      
market price at a particular time1 or a 
price to be fixed by a third person4    
,the price must also be payable in money
 or its negotiable representative1 as   
notes or bills4 ,one article given for  
another is merely barter4 ,the same     
principles of law1 however1 govern in   
both cases4  ,sec4#e4 ,there must be a  
mutual consent of the parties1 and the  
contract is binding when a proposition  
made by one party is accepted by the    
other4 ,the negotiation may be carried  
on by letter1 as before stated4 7,chap4 
,,liv1 ,sec4#g47  ,sec4#f4 ,in contracts

 of sale which are not perfected at once
 by payment and delivery1 certain       
formalities are to be observed4 ,these  
forms generally are prescribed by what  
is called the ,english statute of       
frauds1 which requires1 7#a47 that the  
buyer shall accept and receive part of  
the goods sold2 or 7#b47 give something 
in earnest to bind the bargain1 or in   
part payment2 or 7#c47 that some note or
 memorandum in writing of the bargain   
shall be made and signed by the party to
 be charged1 or by his authorized agent4
 ,these provisions1 however1 apply only 
to cases in which the price of the goods
 sold is ten pounds sterling1 or more4  
,the same rule prevails generally in    
this country1 with slight variations in 
some states4 ,the price of the goods    
sold1 in cases to which the provisions  
of that statute apply1 is fixed by law  
in many of the states1 and varies from  
#cj to #bjj4  ,sec4#g4 ,to complete a   
contract of sale1 and pass the title to 
the property to the buyer1 there must be

 a delivery of the goods sold4 ,when the
 goods are such as cannot be manually or
 immediately delivered1 or are not in   
the actual custody of the seller1 the   
law does not require an actual delivery4
 ,but they must be placed in the power  
of the purchaser2 or there must be such 
acts and declarations of the parties as 
imply a change of ownership4 ,when the  
right of property has been transferred  
to the buyer1 whether by an actual or   
only a constructive delivery1 he        
immediately assumes the risk of the     
goods2 so that if they shall be         
afterward injured or destroyed1 he must 
bear the loss4  ,sec4#h4 ,when nothing  
is said at the sale as to the time of   
delivery1 or the time of payment1 the   
buyer is entitled to the goods on       
payment or tender of the price1 and not 
other wise2 for1 though he acquires the 
right of property by the contract of    
sale1 he does not acquire the right of  
possession1 until he pays or tenders the
 price4 ,but if the seller delivers the 

goods absolutely1 and without fraudulent
 contrivance on the part of the buyer1  
the buyer will hold possession of them4 
,sec4#i4 ,but when goods are sold on    
credit1 and nothing is said as to the   
time of delivery1 the buyer is          
immediately entitled to the possession4 
,if1 however1 it is ascertained1 before 
the buyer obtains possession of the     
goods1 that he is insolvent1 or so      
embarrassed as to disable him from      
meeting the demands of his creditors1   
the seller may stop the goods as a      
security for the price4 ,but if they are
 stopped without good cause1 or through 
misinformation1 the buyer is entitled to
 the goods1 and to damages which he may 
have sustained in consequence of their  
stoppage4  ,sec4#aj4 ,in the sale of a  
chattel1 if the seller has possession of
 the article1 and sells it as his own1  
he is understood to warrant the title4  
,a fair price implies a warranty of     
title2 and the purchaser may have       
satisfaction from the seller1 if he     

sells goods as his own1 and the title   
proves deficient4 ,but if the possession
 is at the time in another1 and there is
 no covenant or warranty of title1 the  
party buys at his peril4 ,it is thought1
 however1 if the seller affirms that the
 property is his own1 he warrants the   
title1 though it is not in his          
possession4  ,sec4#aa4 ,with regard to  
the quality of the thing1 the seller is 
not bound to make good any deficiency1  
except under special circumstances1     
unless be expressly warranted the goods 
to be sound and good1 or unless he made 
a fraudulent representation or          
concealment concerning them4 ,the rule  
is1 if there is no express warranty by  
the seller1 nor fraud on his part1 and  
if the article is equally open to the   
inspection of both parties1 the buyer   
who examines the article for himself1   
must abide by all losses arising from   
latent defects equally unknown to both  
parties4  ,sec4#ab4 ,but this rule does 
not reasonably apply to cases in which  

the purchaser has ordered goods of a    
certain character1 or in which goods of 
a certain described quality are offered 
for sale1 and1 when delivered1 they do  
not answer the description4 ,there being
 no opportunity of examining them1 there
 is an implied warranty of the quality4 
,an intentional concealment or          
suppression of a material fact1 when    
both parties have not equal access to   
means of information1 is unfair dealing1
 and renders the contract void4         
,sec4#ac4 ,as a general rule1 each party
 is bound to communicate to the other   
his knowledge of material facts1        
provided he knows the other to be       
ignorant of them1 and they are not open 
and naked1 or equally within the reach  
of his observation4 ,surely the moral   
law and fair dealing require1 in all    
cases1 a full disclosure of all defects 
within the knowledge of the contracting 
parties4     ,chapter ,,lvi4            
,fraudulent ,sales2 ,assignments2       
,gifts1 c4    ,sec4#a4 ,the title to    

property is sometimes transferred with  
fraudulent intent4 ,a debtor1 to place  
his property beyond the reach of his    
creditors1 sells or assigns it to others
 by way of mortgage1 under the false    
pretense of securing the payment of a   
debt2 the property to remain in the     
possession and use of the assignor4     
,sec4#b4 ,any agreement which operates  
as a fraud upon third persons1 is void4 
,it is a rule of common law1 that all   
deeds of gift1 and all transfers of     
goods and chattels made by any person to
 secure them for his future use1 shall  
be void as against creditors2 and that  
if property assigned or sold remains    
with the seller or assignor1 the        
transaction is to be presumed           
fraudulent4 ,but whether such conveyance
 of goods is only prima facie 7at first 
view7 evidence of fraud1 which the      
vendee or assignee may rebut by proving 
the sale or assignment to have been made
 honestly and in good faith2 or whether 
the transaction is fraudulent in point  

of law1 and void1 is a question upon    
which the decisions of the courts in    
,england as well as those in this       
country differ1 and which1 therefore1   
may be considered as not conclusively   
settled4  ,sec4#c4 ,some have made a    
distinction between bills of sale and   
assignments that are absolute and those 
that are conditional4 ,the supreme court
 of the ,united ,states has affirmed the
 doctrine that an absolute and          
unconditional bill of sale or           
conveyance1 when the property is        
retained in possession1 is of itself    
conclusive evidence of fraud2 in other  
words1 it is presumed to be fraud in    
point of law1 whatever it may be in     
fact4 ,it has been held by the same     
court1 that a conveyance with a         
condition that the property is to remain
 with the vendor until the condition    
shall be performed1 or a conveyance in  
the nature of a mortgage or security1   
expressing an agreement between the     
parties1 that the mortgager shall retain

 possession1 is valid4  ,sec4#d4 ,in    
some states1 the doctrine established by
 the courts is1 that a continuance of   
possession is only prima facie evidence 
of fraud2 in which case the mortgagee or
 assignee is allowed to show by proof1  
that the conveyance was made in good    
faith and for a valuable consideration4 
,in other states1 the strict rule       
prevails1 that1 without a change of     
possession1 the transaction is          
fraudulent in law2 in which case the    
assignee1 or person claiming the        
property under the assignment1 is not   
permitted to show that1 in point of     
fact1 the transaction was bona fide1 7in
 good faith47  ,sec4#e4 ,the rule that  
holds every conveyance to be fraudulent 
unless the property immediately changes 
hands1 often operates to inconvenience  
and even injury of honest debtors4 ,a   
debtor may be obliged to part with      
property1 however convenient or needful 
its present use may be to him1 when1 but
 for this stringent rule of law1 he     

might borrow the money to pay a debt1 or
 procure a postponement of payment1 and 
retain the use of the property pledged4 
,sec4#f4 ,in many of the states1 this   
perplexing question has been settled by 
statute4 ,in the state of ,new-,york1   
the law expressly declares1 that a sale 
or an assignment without immediate      
delivery and a change of possession1    
shall be presumed to be fraudulent and  
void as against creditors1 unless the   
party claiming the property under the   
assignment shall make it appear that the
 same was made in good faith1 and       
without any attempt to defraud4 ,laws   
more or less similar to this1 and       
securing to the assignor the use of the 
mortgaged property1 are believed to     
exist in a majority of the states4 ,the 
instruments conveying the property are  
usually called chattel mortgages1 and   
are required to be recorded as deeds2 in
 ,new-,york1 and perhaps a few other    
states1 only filed in the town or county
 clerk's office4  ,sec4#g4 ,in the sale 

of personal property1 though there      
should be a judgment against the vendor1
 and the purchaser should have notice of
 it1 that fact would not of itself      
render the sale fraudulent4 ,but if the 
purchaser1 knowing of the judgment1     
purchases with the view or purpose to   
defeat the creditor's execution1 the    
transaction is fraudulent4 ,the question
 of fraud depends upon the motive4      
,sec4#h4 ,assignments are sometimes made
 by debtors for the benefit of their    
creditors4 ,a person deeply indebted1 or
 in embarrassed circumstances1 assigns  
his property1 in trust1 to one or more  
persons1 who are to dispose of it1 and  
to apply the avails to the payment of   
his creditors1 or a part of them2 for   
the law does not forbid a debtor's      
giving a preference to one or more      
creditors over others1 provided the     
assignment is for a sufficient          
consideration4 ,a debtor may directly   
assign or transfer all his property to a
 single creditor1 and the assignment be 

valid2 but if the value of the property 
is manifestly excessive1 and            
disproportionate to the debt which it is
 intended to cover1 the other creditors 
have a right to the surplus4  ,sec4#i4  
,when an embarrassed debtor agrees to   
pay his creditors a certain proportion  
of their claims in consideration of a   
discharge of their demands1 if he       
privately agrees to give a better or    
further security to one than to others1 
the contract is void2 because the       
condition upon which they agree to      
discharge the debtor is1 that they shall
 share equally4  ,sec4#aj4 ,a gift1 or  
conveyance founded merely upon a        
consideration of affection1 or blood1 or
 consanguinity1 may be set aside by     
creditors1 if the grantor was in        
embarrassed circumstances when he made  
it2 for a man is bound1 both legally and
 morally1 to pay his debts before giving
 away his property4 ,but if he is       
indebted to only a small amount in      
proportion to the value of his property1

 and wholly unembarrassed1 the gift is  
not rendered voidable by his            
indebtedness1 even though he should     
afterwards become insolvent4            
,chapter ,,lvii4  ,bailment4    ,sec4#a4
 ,the word bailment is from bail1       
,french1 to deliver4 7,chap4 ,,xviii1   
,sec4#ad47 ,bailment1 in law1 is a      
delivery of goods1 in trust1 upon       
agreement that the trust shall be       
executed1 and the goods restored by the 
bailee1 when the purpose of the bailment
 shall have been1 answered4  ,sec4#b4 ,a
 person who receives goods to be kept   
and returned without reward1 must keep  
them with reasonable care1 or1 if they  
receive injury1 he will be liable for   
the damage3 in other words1 he is       
responsible only for gross neglect4     
,gross neglect is a want of that care   
which every man of common sense takes of
 his own property4 ,a depositary1 who is
 a person with whom goods are deposited1
 has no right to use the goods intrusted
 to him4  ,sec4#c4 ,a mandatary1 or one 

who undertakes to do an act for another 
without recompense1 in respect to the   
thing bailed to him1 is responsible for 
gross neglect1 if he undertakes and does
 the work amiss2 but it is thought that 
for agreeing to do1 and not undertaking 
or doing at all1 he is not liable for   
damage4  ,sec4#d4 ,the borrower of an   
article1 as a horse1 carriage1 or book1 
without reward1 is liable for damage in 
case of slight neglect4 ,but if the     
article is applied only to the use for  
which it is borrowed1 is used carefully 
by the borrower only1 and returned      
within the time for which it was        
borrowed1 he is not liable4  ,sec4#e4   
,property taken in pledge as security   
for a debt or an engagement1 must be    
kept with ordinary care2 in other words1
 the pawnee is answerable only for      
ordinary neglect2 and if the goods      
should then be lost or destroyed1 the   
pawner is still liable for the debt4 ,if
 the pawnee derives any profit from the 
use of the property1 he must apply the  

profits1 after deducting necessary      
expenses1 toward the debt4  ,sec4#f4    
,another kind of bailment is the hiring 
of property for a reward4 ,if an article
 is injured or destroyed without any    
fault on the part of the hirer1 the loss
 falls on the owner1 for the risk is    
with him4  ,sec4#g4 ,if work or care is 
to be bestowed for a recompense on the  
thing delivered1 the workman is liable  
for ordinary neglect2 and the work must 
be performed with proper skill1 or he is
 answerable for damage4 ,if a tailor    
receives cloth to be made into a coat1  
he is bound to do it in a workmanlike   
manner4  ,sec4#h4 ,innkeepers are in    
general responsible for all injuries to 
the goods and baggage of their guests1  
even for thefts4 ,but for loss caused by
 unavoidable accident1 or by superior   
force1 as robbery1 they are not liable4 
,sec4#i4 ,a person who carries goods for
 hire in a particular case1 and not as a
 common carrier1 is answerable only for 
ordinary neglect1 unless he expressly   

takes the risk of a common carrier4     
,sec4#aj4 ,a common carrier is one who  
carries goods for hire as a common      
business1 whether by land or by water1  
and is responsible to the owner of the  
goods1 even if robbed of them4 ,he is in
 the nature of an insurer1 and is       
answerable for all losses1 except in    
cases of the act of ,god1 as by         
lightning1 storms1 floods1 c4 and public
 enemies1 as in time of war4  ,sec4#aa4 
,a common carrier is bound to receive   
from any person paying or tendering the 
freight charges1 such goods as he is    
accustomed to carry1 and as are offered 
for the place to which he carries4 ,but 
he may refuse to receive them if he is  
full1 or if they are dangerous to be    
carried1 or for other good reasons4 ,he 
may refuse to take them unless the      
charges are paid2 but if he agrees to   
take payment at the end of the route1 he
 may retain them there until the freight
 is paid4 ,a carrier must deliver       
freight in a reasonable time2 but he is 

not liable for loss by the freezing of a
 river or canal during his voyage1 if he
 has used due diligence4  ,sec4#ab4     
,proprietors of a stage coach do not    
warrant the safety of passengers as     
common carriers2 and they are not       
responsible for mere accidents to the   
persons of the passengers1 but only for 
the want of due care4 ,slight fault1    
unskillfulness1 or negligence1 either as
 to the sufficiency of the carriage1 or 
to the driving of it1 may render the    
owner responsible in damages for injury 
to passengers4 ,but as public carriers1 
they are answerable for the loss of a   
box or parcel of goods1 though ignorant 
of its contents1 unless the owner       
fraudulently conceals the value or      
nature of the article1 or deludes the   
carrier by treating it as of little or  
no value4 ,public carriers are          
responsible for the baggage of their    
passengers1 though they advertise it as 
being at the risk of the owners4        
,chapter ,,lviii4  ,principal and       

,agent1 or ,factor2 ,broker2 ,lien1 c4  
,sec4#a4 ,an agent1 or factor1 is a     
person intrusted with the management of 
the business of another1 who is called  
principal4 ,the words agent and factor  
both signify a deputy1 a substitute1 or 
a person acting for another2 but agent  
seems to be the more comprehensive term1
 being applied to one who is intrusted  
by another with any kind of business2   
factor more properly denotes an agent   
employed by merchants residing in other 
places to buy and sell1 and transact    
certain other business on their account4
 ,a factor1 from his being commissioned 
or authorized to act for his principal1 
and especially if allowed a commission1 
or a certain rate per cent1 of the value
 of the goods bought or sold1 is called 
a commission merchant4  ,sec4#b4 ,if a  
factor advances money on property       
intrusted to him1 he can hold it until  
the money shall be refunded1 and all    
charges paid4 ,if the actual owner of   
the property is unknown to the factor1  

the person in whose name the goods were 
shipped1 is to be deemed the owner4     
,sec4#c4 ,the right of a factor to hold 
property against the owner in           
satisfaction of a demand1 is called     
lien2 and the factor may sell the goods 
to satisfy his claim2 but he must pay   
the surplus1 if any1 to the principal or
 owner4 ,a factor can not pledge goods  
intrusted to him for sale1 as security  
for his own debts4 ,if he disposes of   
merchandise intrusted or consigned to   
him1 and applies the avails to his own  
use1 with intent to defraud the owner1  
he may be punished by fine and          
imprisonment4  ,sec4#d4 ,how far1 in    
ordinary business1 a principal is bound 
by the acts of an agent1 it is not easy 
to determine4 ,as a general rule the    
acts of a general agent2 that is1 one   
who either transacts all kinds of       
business for his employer1 or who does  
all acts connected with a particular    
business or transaction1 or which relate
 to some particular department of       

business1 bind his principal1 so long as
 he keeps within the general scope of   
his authority1 though he may in some    
special cases act contrary to his       
private instructions4 ,but an agent     
employed for a particular purpose1 if he
 goes beyond the limits of his power1   
does not bind his principal4  ,sec4#e4  
,an agent is bound1 in ordinary cases1  
to observe the instructions of his      
principal1 even though an act contrary  
to such instructions should be intended 
for the benefit of the principal4 ,the  
agent must bear1 personally1 all losses 
growing out of a non-compliance with his
 orders2 and the profit accruing        
therefrom goes to the benefit of the    
principal4 ,an agent1 however1 is       
excused from a strict compliance with   
his orders1 if1 after receiving them1   
some sudden and unforeseen emergency has
 arisen1 in consequence of which such   
compliance would operate as an injury to
 the principal1 and frustrate his       
intention4  ,sec4#f4 ,when an agent     

receives no instructions1 he must       
conform to the usage of trade1 or to the
 custom applicable to the particular    
agency2 and any deviation therefrom1    
unless justified by the necessity of the
 case1 renders him solely liable for any
 loss or injury resulting from it4      
,sec4#g4 ,an agent is bound to exercise 
ordinary diligence and reasonable skill2
 and he is responsible only for the want
 thereof4 ,ordinary diligence is that   
which persons of common prudence use in 
conducting their own affairs4           
,reasonable skill is that usually       
possessed by persons of common capacity 
employed in the same business4  ,sec4#h4
 ,if an agent exceed the limits of his  
authority1 he becomes personally        
responsible to the person with whom he  
deals1 if the limitations of his        
authority are unknown to such person4   
,he is in like mariner responsible1 if  
he makes a contract in his own name2 or 
if he does not disclose the name of the 
principal1 so as to enable the party    

with whom he deals to have recourse to  
the principal in case the agent had     
authority to bind him4 ,and if the agent
 even buys in his own name1 but for the 
principal1 and without disclosing his   
name1 the principal also is bound1      
provided the goods come to his use4     
,also if the principal is under age1 or 
a lunatic1 or otherwise incompetent to  
contract1 the agent is liable4  ,sec4#i4
 ,a broker is an agent employed to      
negotiate sales between parties for a   
compensation in the form of a           
commission1 which is commonly called    
brokerage4 ,his business consists       
chiefly in negotiating exchanges2 or in 
buying and selling stocks1 goods1 ships1
 or cargoes2 or in procuring insurances 
and settling losses2 and as he confines 
himself to one or the other of these    
branches1 he is called an exchange      
broker1 stock broker1 insurance broker1 
c4 ,a broker differs from a factor4 ,he 
has not the custody of the goods of his 
principal4 ,he is merely empowered to   

effect the contract of sale2 and when   
this is done1 his agency ends4 ,if a    
broker executes his duties in such a    
manner that no benefit results from     
them1 or is guilty of gross misconduct  
in selling goods1 he is not entitled to 
a commission or compensation4  ,sec4#aj4
 ,a lien1 as the claim of a factor upon 
goods intrusted to him for sale1 has    
been noticed4 7,sec4#c47 ,the right of  
lien extends to others than factors4 ,it
 is intended also for the benefit of    
manufacturers1 mechanics1 and other     
persons carrying on business for the    
accommodation of the public4 ,a tailor  
has a lien upon the garment made from   
another's cloth until he is paid for the
 making2 a shoemaker upon the shoes made
 from another's leather2 a blacksmith   
upon the horse he has shod2 an innkeeper
 upon the horse or goods of his guest2  
and common carriers upon the goods they 
transport4 ,but they cannot hold the    
property for any other debt2 nor can    
they sell it to satisfy their claim4    

,whenever a person allows property to go
 out of his possession1 he loses his    
lien4     ,chapter ,,lix4  ,partnership4
    ,sec4#a4 ,a partnership is an       
association formed by contract between  
two or more persons1 for joining their  
money1 labor1 or skill1 in lawful       
business1 the profits to be divided and 
the loss to be borne by the partners in 
certain proportions4 ,it is a           
partnership if one furnishes the funds  
and the other performs the labor2 or if1
 when no money is necessary1 each agrees
 to do his share of the labor4 ,a       
partnership or association of this kind 
is denominated a firm1 or house4        
,sec4#b4 ,the act of any one of the firm
 is considered the act of all1 and binds
 all2 and either of them is liable for  
all the debts4 ,but if a bill or note is
 drawn by one partner in his own name   
only1 without appearing to be on        
partnership account1 he alone is bound1 
though it were made for a partnership   
purpose4 ,a partner buying goods on his 

own account for his individual use1 is  
alone liable2 but if they afterward go  
to the use of the partnership1 all      
become responsible4  ,sec4#c4 ,sometimes
 a person agrees to receive1 by way of  
rent1 a portion of the profits of a     
farm1 a tavern1 or a manufactory2 or an 
agent or a clerk receives a share of the
 profits for his labor4 ,but as there is
 in these cases no partnership1 the     
persons who buy the stock and hire the  
labor are alone responsible4  ,sec4#d4  
,all the partners must unite in suing   
and being sued4 ,one who should conceal 
his name so as not to be known when the 
debt is contracted1 may be sued when    
discovered to be a partner1 if he shares
 in the profits of the trade4  ,sec4#e4 
,a partner cannot sell his interest to  
another person1 who is to take his place
 in the partnership1 without the consent
 of all the partners3 nor can a partner1
 without such consent1 withdraw when he 
pleases1 and dissolve the partnership1  
except in cases in which the partnership

 is without any definite term4 ,a       
partnership is dissolved by the death1  
insanity1 bankruptcy1 or other inability
 of one of the parties4  ,sec4#f4 ,when 
a partnership is dissolved by the       
withdrawal of any of the partners1      
notice of dissolution ought to be duly  
published1 or a firm may be bound by a  
contract made by one partner in the     
usual course of business and in the name
 of the firm1 with a person who         
contracted on the faith of the          
partnership1 and who had no notice of   
the dissolution4 ,the same notice is    
necessary to protect a retiring partner 
from continued responsibility4 ,and even
 if due notice is given1 yet1 if he     
willingly suffers his name to continue  
in the firm1 or in the title of the firm
 over the door of the shop or store1 he 
may in certain cases be liable4         
,sec4#g4 ,in some of the states1 a      
partnership may be formed by a number of
 persons1 some of whom are to be        
responsible only to a limited amount2   

and their names are not to be used in   
the firm4 ,before a partnership of this 
kind can do business1 a writing and     
certificate signed by the parties       
stating the terms of partnership1 and   
the amount for which the special        
partners 7as they are called7 are to be 
responsible must be recorded4 ,the terms
 of partnership must also be published  
in a newspaper4  ,sec4#h4 ,in these     
limited partnerships1 as they are       
termed1 the special partners are liable 
only to the amount stated in the terms  
of partnership4 ,the other partners1    
called general partners1 whose names    
only are used1 and who transact the     
business1 are liable for all the debts  
contracted1 as in ordinary partnerships4
 ,if such partnership is to be dissolved
 by act of the parties before the       
expiration of the term for which it is  
formed1 notice of dissolution must be   
filed and recorded1 and published in a  
newspaper4 ,such is the law in the state
 of ,new ,york2 and it is presumed to   

agree1 in its most essential provisions1
 with the laws of the other states in   
which these partnerships are authorized4
     ,chapter ,,lx4  ,promissory ,notes4
    ,sec4#a4 ,a promissory note is a    
written promise to pay a specified sum  
at a certain time1 to a person named1 or
 to his order1 or to the bearer4 ,a     
common form of a note is the following3 
#ajj4 ,albany1 ,june #i1 #ahei4         
,three months after date1 ,i promise to 
pay to ,james ,smith1 or      bearer1   
one hundred dollars1 value received4    
,john ,brown4  ,sec4#b4 ,a note thus    
payable to ,smith or bearer1 or to him  
or his order1 is called negotiable1     
because it may be sold or transferred to
 any other person1 who has the same     
power to sue for and collect the money1 
as ,smith1 the original promisee4 ,if it
 were made payable to ,smith or order1  
he must indorse it by writing his name  
on the back of it1 before it would pass 
as a negotiable note4 ,the indorsement  
is considered as the order of ,smith to 

the maker to pay it to any other person4
 ,but1 though not negotiable1 it might  
be transferred2 but the holder must sue 
in the name of ,smith1 and ,brown might 
offset any demands which he has against 
,smith4  ,sec4#c4 ,an indorsement1 made 
by writing the name only on the back of 
a note1 is called a blank indorsement4  
,a full indorsement is one which points 
out the person to whom the note is to be
 paid4 ,a blank indorsement may be      
filled up at any time by the holder4    
,for example3 ,a note is payable to     
,john ,jay or order1 or to the order of 
,john ,jay1 who indorses it in blank    
which makes it payable to any other     
holder4 ,now if any holder or indorsee  
wishes it paid to any particular person1
 he fills up the blank by writing a     
request to that effect above the name of
 the indorser1 thus3 ,pay to ,george    
,bruce1 or ,pay to ,george ,bruce or    
order2 who1 again1 may by indorsement   
order it paid to some particular person4
 ,or1 if he should indorse it in blank1 

or order it paid to the bearer1 it would
 again pass1 as at first1 by mere       
delivery4  ,sec4#d4 ,in common business 
transactions in the country1 notes      
intended to be negotiable are usually   
made payable to bearer1 as in the form  
given4 7,sec4#a47 ,the young reader1 or 
other person inexperienced in business1 
may not know why they are not always so 
written4 ,the making of a note payable  
to order protects the holder or owner in
 case the note should be lost4 ,take1   
for example1 the note supposed in the   
preceding section1 indorsed in blank4   
,suppose the owner resides in ,buffalo1 
and the maker in ,detroit4 ,the owner   
writes over the name of ,john ,jay1 ,pay
 to ,george ,bruce1 also residing in    
,detroit1 to whom it is sent by mail1 to
 be by him presented to the maker for   
payment4 ,and should the note by        
accident or fraud fall into the hands of
 another1 it being payable to ,bruce    
only1 or to his order1 the parties are  
protected from loss4  ,sec4#e4 ,as a    

contract is not binding without a       
valuable consideration1 7,chap4 ,,liv1  
,sec4#f17 the words value received are  
inserted in notes1 as evidence of such  
consideration4 ,but where there is no   
statute requiring the insertion of these
 words1 a note is good without them4    
,whether they are inserted or not1 the  
note is presumed to have been given for 
a valuable consideration2 and the maker1
 to avoid his obligation to pay it1 must
 make it appear that no value was       
received4  ,sec4#f4 ,a note made by two 
or more persons may be joint or joint or
 several4 ,when it is written1 ,we      
promise to pay1 it is only a joint note1
 and all must be sued together4 ,if     
written1 ,we jointly and severally      
promise to pay1 they may be sued either 
jointly or separately4 ,also if written 
,i promise to pay1 it is treated as a   
joint and several note4 ,a note written1
 ,we promise1 and signed1 ,a4 ,b41      
principal1 and ,c4 ,d41 security1 is the
 joint note of both2 and if written1 ,i 

promise1 and signed in the same manner1 
it is the joint and several note of     
both4  ,sec4#g4 ,any person having in   
possession a negotiable note1 though a  
mere agent1 is deemed the true owner1   
and may sue it in his own name1 without 
showing title4 ,the bona fide holder can
 recover upon the paper1 though it came 
to him from a person who had stolen or  
robbed it from the true owner2 provided 
he took it innocently in the course of  
trade for a valuable consideration      
before it was due1 and with due caution4
 ,but if suspicion is cast upon the     
title of the holder1 by showing that the
 instrument has got into circulation by 
force or fraud1 then the holder must    
show the consideration he gave for it4  
,sec4#h4 ,ordinarily1 a person can not  
convey to another a valid title to      
property which is not lawfully his own2 
and hence the purchaser of stolen goods 
must give them up to the lawful owner4  
,the exception to this rule1 in the case
 of promissory notes1 seems to be       

founded in reason and good policy4 ,the 
use of negotiable paper in commercial   
transactions is of great public         
convenience2 and it is proper that1 for 
the sake of trade1 protection should be 
given to the holder of such paper who   
receives it fairly in the way of        
business1 though it has been paid1 if he
 received it before it fell due4        
,sec4#i4 ,but it is equally material for
 the interests of trade1 that the owner 
should have due protection4 ,hence if a 
person takes a note from a stranger     
without inquiring how he came by it2 or 
does not take it in the usual course of 
business1 or for some responsibility    
incurred on the credit of the note1 he  
takes it at his peril4 ,but the owner1  
in order to place his right to relief   
beyond question1 ought to use diligence 
in apprising the public of the loss of  
the note4  ,sec4#aj4 ,a person buying a 
note after it has become due1 takes it  
at his peril4 ,although the holder may  
sue it in his own name1 the maker may   

offset any demands which he had against 
the promisee before it was transferred1 
as in the case of notes not negotiable4 
7,sec4#b47 ,but when notes in which no  
day of payment is expressed comes under 
this rule1 is a question to be          
determined by circumstances4 ,in ,new   
,jersey and ,pennsylvania1 the words    
without defalcation or discount1 or     
words to that effect1 must be inserted  
in notes1 or they may be met by offsets 
as notes that are bought after due4     
,sec4#aa4 ,a note made payable in some  
commodity is not negotiable4 ,if it is  
not paid according to the conditions    
therein expressed1 the maker becomes    
liable to pay in cash4 ,but in either   
case1 if it passes to a third person1 he
 can sue it only in the name of the     
promisee or payee2 and it may be met by 
offsets as other notes not negotiable1  
7,sec4#b17 and notes bought after due4  
7,sec4#aj47  ,sec4#ab4 ,notes payable on
 demand1 or in which no time of payment 
is mentioned1 are due immediately1 and  

no demand of payment is necessary4 ,but 
a note payable at sight1 or at a        
specified time after sight1 must be     
presented for payment before it can be  
sued4 ,if the words with interest are   
omitted1 interest commences at the time 
the note becomes due4 ,if payable on    
demand1 it will draw interest from the  
time when payment is demanded4          
,sec4#ac4 ,after the day on which a note
 is made payable1 the maker has three   
days in which to make payment1 which are
 called days of grace4 ,hence1 a note   
payable on the first day of the month is
 not due and suable until the fourth4   
,if1 however1 the last day of grace     
falls on ,sunday1 or the fourth of      
,july1 or any other day recognized by   
law as a holiday1 or day of public rest1
 the last day of grace would be a day   
earlier4 ,if the fourth of ,july or any 
other holiday should come on ,saturday1 
the note would be due on ,friday4 ,or if
 such day should fall on ,monday1 the   
last day of grace would be ,saturday4   

,sec4#ad4 ,to hold the indorser of a    
note responsible1 payment must be       
demanded of the maker on the last day of
 grace4 ,as to the time of day when the 
demand should be made1 it is considered 
that the maker is entitled to the latest
 convenient time within the customary   
business hours of the place where the   
note is presented4  ,sec4#ae4 ,if       
payment has been demanded and refused1  
notice thereof must be given to the     
indorser2 and one entire day is allowed 
the holder to give the notice4 ,if the  
demand is made on ,saturday1 it is      
sufficient to give notice on ,monday4   
,if the indorser resides in the same    
town1 he may be notified personally by  
the holder1 or by a messenger sent to   
his dwelling-house1 where notice may be 
given personally1 or left in a way      
likely to bring it to his knowledge4 ,if
 the parties reside in different towns1 
notice may be sent by mail2 in which    
case1 the notice must be put into the   
post-office1 as early as the next day   

after the last day of grace1 so as to be
 forwarded as soon as possible          
thereafter3 or notice may be sent by a  
private conveyance or a special         
messenger4  ,sec4#af4 ,if1 in           
consequence of the removal of the maker 
before the note becomes due1 or from any
 other cause1 his residence is unknown1 
the holder must make endeavors to find  
it1 and make the demand there2 though1  
if he has removed out of the state1 it  
is sufficient to present the note at his
 former place of residence4 ,if the     
maker has absconded1 that will1 as a    
general rule1 excuse the demand4        
,sec4#ag4 ,notes1 on being transferred1 
are guarantied by indorsement4 ,if a    
person simply writes his name on the    
back1 he is liable as indorser only4 ,if
 he guarantees the payment of the note1 
he is generally considered liable as an 
original promisor4 ,if he guaranties the
 note good1 or collectable1 the maker1  
and the indorsers also1 if any1 must be 
sued1 before the guarantor is liable4   

,strict notice to a guarantor is not    
required to bind him1 as in the case of 
an indorser4 ,but to hold him liable in 
case immediate notice is not given1 or  
the note is not immediately sued1 it    
must be shown that he has not suffered  
injury from want of notice1 or that the 
note was not collectable of the maker or
 indorsers when due4 ,but the kind of   
liability incurred1 whether that of     
indorser1 original promisor1 or surety1 
by indorsing a note or guarantying      
payment1 is not the same in all the     
states4 ,there are sundry other points  
in the law relating to promissory notes1
 on which the statutes and judicial     
decisions are not uniform in all the    
states4     ,chapter ,,lxi4  ,bills of  
,exchange2 ,interest2 ,usury4           
,sec4#a4 ,a bill of exchange is a       
written order or request to a person in 
a distant place1 to pay a third person a
 certain sum of money4 ,the following is
 a common form3       #a1jjj4           
,new-,york1 ,august #aj1 #ahei4         

,twenty days after date1 7or at sight1  
or ten days after sight17 pay      to   
the order of ,john ,stiles1 one thousand
 dollars1 value received1      and      
charge the same to account of       ,to 
,george ,scott1 ,thomas ,jones4         
,new ,orleans1 ,la4  ,sec4#b4 ,bills    
drawn on persons in foreign countries1  
are called foreign bills of exchange2   
those drawn on persons in distant places
 in our own country1 are called inland  
bills of exchange4 ,to persons in       
mercantile business they are of great   
convenience1 as will be seen from the   
following example of their nature and   
operation4  ,sec4#c4 ,a1 in ,new-,york1 
has #a1jjj due him from ,b1 in ,new     
,orleans4 ,a draws an order on ,b for   
that sum1 and ,c1 who is going to ,new  
,orleans1 pays ,a the money1 takes the  
order1 and receives his money again of  
,b4 ,thus ,a is accommodated by         
receiving his debt against ,b1 and ,o   
has avoided the risk of carrying the    
money from place to place4 ,a1 who draws

 the order1 or bill1 is called the      
drawer4 ,b1 to whom it is addressed1 is 
the drawee2 ,c1 to whom it is made      
payable1 is the payee4 ,as the bill is  
payable to ,c1 or his order1 he may1 by 
indorsment1 direct the bill to be paid  
to ,d2 in which case ,c becomes the     
indorser1 and ,d1 to whom the bill is   
indorsed1 is called the indorsee or     
holder4  ,sec4#d4 ,if1 when a bill is   
presented to the drawee1 he agrees to   
pay it1 he is said to accept the bill1  
and writes his acceptance upon it4 ,an  
acceptance may1 however1 be by parol4   
,the acceptor of a bill is the principal
 debtor2 the drawer1 the surety4 ,the   
acceptor is bound1 though he accepted   
without consideration1 and for the sole 
accommodation of the drawer4 ,but       
payment must be demanded on the last day
 of grace2 and1 if refused1 notice of   
non-payment must be given to the drawer1
 as in the case of an indorsed          
promissory note4 7,chap4 ,,lx1          
,sec4#ae47  ,sec4#e4 ,no precise time is

 fixed by law at which bills payable at 
sight or a certain number of days after 
sight1 must be presented to the drawee  
for acceptance2 though an unreasonable  
delay might discharge the drawer4 ,a    
bill payable on a certain day after     
date1 need not be presented before the  
day of payment1 but if presented before 
due1 and acceptance is refused1 it is   
dishonored2 and notice must be given    
immediately to the drawer4 ,if a bill   
has been accepted1 payment must be      
demanded of the acceptor1 when the bill 
falls due2 and if no place is appointed 
for payment1 the demand must be made at 
his house or residence1 or upon him     
personally4  ,sec4#f4 ,a check upon a   
bank1 7,chap4 ,,xxiv1 ,sec4#c17 is      
another kind of negotiable paper4 ,it   
partakes more of the nature of a bill of
 exchange than of a promissory note4 ,it
 is not a direct promise to pay2 but it 
is an undertaking1 by the drawer1 that  
the drawee shall accept and pay2 and the
 drawer is answerable only when the     

drawee fails to pay4 ,a check payable to
 bearer passes by delivery2 and the     
bearer may sue on it as on an inland    
bill of exchange4  ,sec4#g4 ,when a     
foreign bill of exchange is to be       
presented for acceptance or payment1    
demand is usually made by a notary      
public2 and in case of refusal1 his     
certificate of the presentment of the   
bill and of the refusal1 is legal proof 
of the fact in any court4 ,this         
certificate is called protest1 which    
means1 for proof4 ,a protest may be     
noted on the day of the demand2 though  
it may be drawn up in form at a future  
period4 ,notaries are appointed in all  
towns and cities of commercial          
importance4  ,sec4#h4 ,a protest of an  
inland bill of exchange is not generally
 deemed necessary in this country2      
though it is the practice to have bills1
 drawn in one state on persons in       
another1 protested by a notary4 ,no     
protest is legal evidence in court1     
except in the case of a foreign bill4   

,yet it is expedient1 in many cases of  
inland bills1 to employ notaries when   
evidence is to be preserved1 because    
they are easily found when wanted as    
witnesses4 ,in some states1 bills drawn 
in one state and payable in another1 are
 deemed foreign bills2 and their protest
 as such is required4 ,notes payable at 
banks are also protested for            
non-payment4  ,sec4#i4 ,interest is a   
premium paid for the use of money1 or a 
profit per cent1 received for money     
lent1 or on an unpaid demand4 ,thus a   
person lends #a1jjj to another person1  
who pays for the use of it six per cent1
 a year1 or #f for every hundred1 as    
interest4 ,the rate of interest is fixed
 by a law of the state4  ,sec4#aj4 ,the 
established lawful rates of interest in 
the several states are as follows3 ,six 
per cent1 in all but the following3 ,in 
,new-,york1 ,michigan1 ,wisconsin1      
,minnesota1 seven per cent42 in ,alabama
 and ,texas eight per cent42 in         
,louisiana1 five per cent42 bank        

interest six2 in ,california1 ten per   
cent4 ,but there may be taken by special
 agreement1 in ,florida and ,louisiana1 
eight per cent42 in ,mississippi1       
,arkansas1 ,ohio1 ,missouri1 ,iowa1 ten2
 in ,texas and ,wisconsin1 twelve2 in   
,minnesota and ,california1 any rate4   
,in ,illinois and ,michigan1 for money  
loaned1 it may be ten4 ,in ,mississippi1
 for the bona fide use of money eight   
per cent4  ,sec4#aa4 ,a rate of interest
 beyond that which is established by    
law1 is usury4 ,not only can no more be 
collected on any contract or obligation 
than the legal rate1 but in most of the 
states there is some forfeiture for     
taking usurious interest4 ,in a few1 the
 obligation is void1 and the payment of 
no part of the debt can be enforced by  
law2 in others1 twice or thrice the     
excess above the lawful interest is     
forfeited2 and in some1 only the excess 
paid can be recovered4     ,chapter     
,,lxii4  ,crimes and ,misdemeanors4     
,sec4#a4 ,the statutes of each state    

define the crimes of which its laws take
 cognizance4 ,the definitions given in  
this chapter1 agree substantially1 it is
 presumed1 with those of similar crimes 
in every state in the union4 ,the       
statutes also prescribe the penalties1  
which are not precisely the same in all 
the states4 ,nor is there in any state  
an equal measure of punishment inflicted
 in all cases for the same offense4 ,the
 laws usually declare the longest and   
the shortest terms of imprisonment1 and 
the highest and lowest fines1 leaving   
the exact measure of punishment1 except 
for crimes punishable by death1 to the  
discretion of the judges1 to be fixed   
according to the aggravation of the     
offense4  ,sec4#b4 ,the laws of the     
several states differ in respect to the 
number of crimes made punishable by     
death4 ,in some states the penalty of   
death is annexed to the crime of murder 
only4 ,treason is punishable by death2  
but as this offense is defined and made 
punishable by the laws of the ,united   

,states1 not all the states take        
cognizance of it4 ,if committed in such 
states1 it is tried in the courts of the
 ,united ,states4 ,in ,new ,york1       
murder1 treason1 and arson in the first 
degree1 are punishable by death4 ,few   
states make more than these crimes thus 
punishable4 ,in two or three states1 the
 penalty of death has been abolished1   
and imprisonment for life substituted4  
,sec4#c4 ,crimes punishable by death1   
are called capital crimes1 and their    
punishment is called capital punishment4
 ,the word capital is from the ,latin   
caput1 which means head2 and so has come
 to signify the highest or principal4   
,hence1 probably1 the application of the
 word capital to the principal crimes   
receiving the highest punishment1 which 
was formerly practiced extensively in   
other countries by beheading or         
decapitating the criminals4  ,sec4#d4   
,treason is defined by statute to be1   
levying war in any state against the    
people of the state2 or a combination of

 two or more persons1 attempting by     
force to usurp or overturn the          
government of the state2 or in adhering 
to enemies of the state while separately
 engaged in war with a foreign enemy1   
and giving them aid and comfort4        
,sec4#e4 ,murder is the killing of a    
person deliberately and maliciously1 and
 with intent to effect death2 or killing
 a person in committing some other      
crime1 though not with a design to      
effect death2 or in killing a person    
purposely and without previous          
deliberation4 ,the less aggravated cases
 of murder1 are in some states          
distinguished as murder in the second   
degree1 and punished by imprisonment for
 a long term1 or for life4  ,sec4#f4    
,manslaughter is killing a person either
 upon a sudden quarrel1 or              
unintentionally while committing some   
unlawful act4 ,the statutes of ,new     
,york define four different degrees of  
manslaughter4  ,sec4#g4 ,arson is       
maliciously burning any dwelling-house1 

shop1 barn1 or any other building1 the  
property of another4 ,arson in the first
 degree1 which is burning an inhabited  
dwelling in the night time1 is in some  
states punishable with death4  ,sec4#h4 
,homicide signifies mankilling4 ,it is  
of three kinds3 felonious1 justifiable1 
and excusable4 ,when felonious1 it is   
either murder or manslaughter4          
,justifiable homicide is that which is  
committed in the necessary defense of   
one's person1 house1 or goods1 or of the
 person of another when in danger of    
injury2 or that which is committed in   
lawfully attempting to take a person for
 felony committed1 or to suppress a     
riot1 or to keep the peace4 ,excusable  
homicide is the killing of a person by  
accident1 or while lawfully employed1   
without any design to do wrong4 ,in the 
two last cases there is no punishment4  
,sec4#i4 ,intentionally maiming another 
by cutting out or disabling the tongue  
or any other member or limb2 inveigling 
or kidnapping2 decoying and taking away 

children2 exposing children in the      
street to abandon them2 committing or   
attempting an assault with intent to    
kill1 or to commit any other felony1 or 
in resisting the execution of a legal   
process2 administering poison without   
producing death2 poisoning any well or  
spring of water2 are all felonies1 and  
punishable as such4  ,sec4#aj4 ,burglary
 is maliciously and forcibly breaking   
into and entering in the night time1 any
 dwelling-house or other building1 with 
intent to commit a crime4 ,breaking into
 and entering a house by day1 is        
considered a minor degree of burglary4  
,sec4#aa4 ,forgery consists in falsely  
making1 counterfeiting1 or altering any 
instrument of writing1 with intent to   
defraud4 ,the word counterfeiting is    
generally applied to making false coin  
or bank notes1 or in passing them2 or in
 having in possession any engraved      
plate1 or bills unsigned1 which are     
intended to be used for these purposes4 
,sec4#ab4 ,robbery is the taking of     

personal property from another in his   
presence and against his will1 by       
violence1 or by putting him in fear of  
immediate injury to his person4         
,knowingly to send or deliver1 or to    
make for the purpose of being sent1 a   
letter or writing1 threatening to accuse
 any one of crime1 or to do him some    
injury1 with intent to extort or gain   
from him any money or property1 is      
considered an attempt to rob1 for which 
the offender may be imprisoned4         
,sec4#ac4 ,embezzlement is fraudulently 
putting to one's own use what is        
intrusted to him by another4 ,to buy or 
receive property knowing it to have been
 embezzled1 is to be guilty of the same 
offense4 ,embezzling is usually         
punishable in the same manner as larceny
 of the same amount4  ,sec4#ad4 ,larceny
 is theft or stealing4 ,the stealing of 
property above a certain amount in value
 is called grand larceny1 and is a state
 prison offense4 ,if the value of the   
property stolen is of less amount1 the  

offense is called petit larceny1 and is 
punished by fine or imprisonment in jail
 or both4  ,sec4#ae4 ,perjury is        
willfully swearing or affirming falsely 
to any material matter1 upon an oath    
legally administered4 ,subornation of   
perjury is procuring another to swear   
falsely2 punishable as perjury4         
,sec4#af4 ,bribery is promising or      
giving a reward to a public officer1 to 
influence his opinion1 vote or judgment4
 ,a person accepting such bribe1 is     
punishable in the same manner1 and      
forfeits his office1 and1 in some       
states1 may never hold another public   
trust4 ,this offense is not in all the  
states punishable by imprisonment in the
 state prison4  ,sec4#ag4 ,dueling is a 
combat between two persons with deadly  
weapons4 ,killing another in a duel is  
murder1 and punishable with death4 ,if  
death does not ensue1 imprisonment4     
,challenging1 or accepting a challenge  
to fight1 or to be present as a second1 
imprisonment4 ,dueling is not a         

punishable offense in every state4      
,sec4#ah4 ,aiding or attempting to aid a
 prisoner committed for felony1 to      
escape from confinement1 or forcibly    
rescuing a prisoner charged with crime1 
from the custody of a public officer1 is
 a crime4 ,if the offense for which the 
prisoner is committed is less than      
felony1 the punishment is imprisonment  
in jail1 or fine1 or both4  ,sec4#ai4   
,bigamy is the crime of having two or   
more wives1 and is also called polygamy4
 ,but bigamy literally signifies having 
two wives1 and polygamy any number more 
than one4 ,these words1 in law1 are     
applied also to women having two or more
 husbands4 ,a person having a lawful    
husband or wife living1 and marrying    
another person1 is guilty of bigamy4 ,an
 unmarried person1 also1 who shall marry
 the husband or wife of another1 is     
punishable in like manner4  ,sec4#bj4   
,incest is the marrying or cohabiting   
together as husband and wife1 of persons
 related to each other within certain   

degrees4  ,sec4#ba4 ,opening a grave and
 removing a dead body for any unlawful  
purpose1 or purchasing such body knowing
 it to have been unlawfully disinterred1
 is a crime4 ,this offense is in some   
states punishable by imprisonment in a  
county jail1 or by fine1 and not in a   
state prison4  ,sec4#bb4 ,persons       
sometimes advise or are knowing to the  
commission of felonies1 but are not     
actually engaged in committing them4    
,such are accessories4 ,he who advises  
or commands another to commit a felony1 
is called an accessory before the fact1 
and is punished in the same manner as   
the principal4 ,if he conceals the      
offender after the offense has been     
committed1 or gives him any aid to      
prevent his being brought to punishment1
 he is an accessory after the fact1 and 
may be imprisoned or fined4  ,sec4#bc4  
,assault and ,battery is unlawfully to  
assault or threaten1 or to strike or    
wound another4 ,besides being liable to 
fine and imprisonment1 the offender is  

liable also to the party injured for    
damages4  ,sec4#bd4 ,a riot is the      
assembling together of three or more    
persons1 with intent forcibly to injure 
the person or property of another1 or to
 break the peace2 or agreeing with each 
other to do such unlawful act1 and      
making any movement or preparation      
therefor1 though lawfully assembled4    
,when riotous persons are thus          
assembled1 and are proceeding to commit 
offenses1 any judge1 justice1 sheriff1  
or other ministerial officer1 may in the
 name of the state1 command them to     
disperse4 ,if they refuse1 the peace    
officers are required to call upon all  
persons near to aid in taking the       
rioters into custody4 ,persons refusing 
to assist may be fined4  ,sec4#be4 ,a   
sheriff or other officer voluntarily    
suffering a prisoner charged with or    
convicted of an offense1 to escape1 from
 his custody1 is guilty of a            
misdemeanor4 ,to rescue a prisoner thus 
charged or convicted1 is punishable in a

 similar manner4 ,it is also a          
misdemeanor to assist a criminal1 with a
 view to effect his escape1 though he   
does not escape from jail4  ,sec4#bf4 ,a
 person taking upon himself to act as a 
public officer1 and taking or keeping a 
person in custody unlawfully or without 
authority1 is false imprisonment2 for   
which the offender may be fined or      
imprisoned4  ,sec4#bg4 ,the offenses    
mentioned in the last four sections1    
being of a lower grade than those       
defined in the preceding sections1 and  
not being punishable in a state prison1 
are usually called misdemeanors1 and are
 punishable by fine or imprisonment in a
 county jail4 ,there are numerous other 
misdemeanors and immoralities1 as       
profane cursing and swearing1 betting   
and gaming1 horse racing1 disturbing    
religious meetings1 sabbath-breaking1   
trespasses and injury to property1 and  
many disorderly practices1 all of which 
are punishable in a like manner4        
,law of ,nations4     ,chapter ,,lxiii4 

,origin and ,progress of the ,law of    
,nations2 the ,natural1 ,customary1 and 
,conventional ,laws of ,nations4        
,sec4#a4 ,the law of nations consists of
 those rules by which intercourse       
between nations is regulated4 ,in its   
present improved state1 the law of      
nations has not long existed4 ,ancient  
nations were little governed by the     
principles of natural justice4 ,little  
respect was paid by one nation to the   
persons and property of the citizens of 
another4 ,robbery on land and sea was   
not only tolerated1 but esteemed        
honorable2 and prisoners of war were    
either put to death1 or reduced to      
slavery4 ,by this rule of national law1 
commerce was destroyed1 and perpetual   
enmity kept up between nations4         
,sec4#b4 ,within the last three or four 
centuries1 essential improvement in the 
law of nations has been made4 ,by the   
light of science and ,christianity1 the 
rights and obligations of nations have  
come to be better understood1 and more  

generally regarded4 ,commerce also has  
done much to improve the law1 by showing
 that the true interests of a nation are
 promoted by peace and friendly         
intercourse4  ,sec4#c4 ,hence we find   
the nations of ,europe and ,america     
recognizing the same rules of           
international law4 ,and as the light and
 power of ,christianity shall increase1 
the law of nations will undergo still   
further improvements4 ,and it is to be  
hoped1 that1 as one of these            
improvements1 the practice of settling  
national disputes by war will be        
abolished1 and the more rational and    
humane course be adopted1 of referring  
difficulties which the parties are      
incapable of adjusting1 to some         
disinterested power for adjudication4   
,sec4#d4 ,there are1 in every nation or 
state1 courts of justice to try and     
punish offenders2 but there is no       
tribunal before which one nation can be 
brought to answer for the violation of  
the rights of another4 ,every nation1   

however small and weak1 is independent  
of every other4 ,therefore1 when        
injuries are committed by one upon      
another1 the offended party1 unless it  
chooses quietly to endure the wrong must
 seek redress1 either by appealing to   
the sense of justice of the party       
offending1 or by a resort to force4     
,sec4#e4 ,every nation has a right to   
establish such government as it thinks  
proper2 and no other nation has a right 
to interfere with its internal policy4  
,to this rule1 however1 some writers    
make an exception4 ,they hold that the  
natural right of a state to provide for 
its own safety1 gives it the right to   
interfere where its security is         
seriously endangered by the internal    
transactions of another state4 ,but it  
is admitted that such cases are so very 
rare1 that it would be dangerous to     
reduce them to a rule4  ,sec4#f4 ,so    
cases seldom arise in which one nation  
has a right to assist the subjects of   
another in overturning or changing their

 government4 ,it is generally agreed1   
that such assistance may be afforded    
consistently with the law of nations1 in
 extreme cases2 as when the tyranny of a
 government becomes so oppressive1 as to
 compel the people to rise in their     
defense1 and call for assistance4 ,when 
the subjects of any government have     
carried their revolt so far as to have  
established a new state1 and to give    
reasonable evidence of their ability to 
maintain a government1 the right of     
assistance is unquestionable4 ,but it is
 not clear that1 prior to this state of 
progress in a revolution1 the right to  
interpose would be justifiable4         
,sec4#g4 ,there is a sense1 however1 in 
which nations are not wholly            
independent4 ,mankind in the social     
state1 as we have seen1 are dependent   
upon each other for assistance4 7,chap4 
,i1 ,sec4#b47 ,such is1 in a measure1   
the mutual dependence of nations4       
,although the people of every nation    
have within themselves the means of     

maintaining their individual and        
national existence1 their prosperity and
 happiness are greatly promoted by      
commerce with other nations4 ,and as    
laws are necessary to govern the conduct
 of the individual citizens of a state1 
so certain rules are necessary to       
regulate the intercourse of nations4    
,sec4#h4 ,it has been observed1 also1   
that the law of nature is a perfect rule
 for all moral and social beings1 and   
ought to be universally obeyed4 ,equally
 binding is this law upon nations4 ,it  
requires each nation to respect the     
rights of all others1 and to do for them
 what their necessities demand1 and what
 it is capable of doing1 consistently   
with the duties it owes to itself4 ,and 
the general good of mankind is as really
 promoted by the application of this law
 to the affairs of nations1 as by its   
application to the affairs of           
individuals4  ,sec4#i4 ,the law of      
nature applied to nations or states as  
moral persons1 is called the natural law

 of nations4 ,it is also called the     
necessary law of nations1 because       
nations are morally bound to observe it2
 and sometimes the internal law of      
nations1 from its being binding on the  
conscience4  ,sec4#aj4 ,although the law
 of nature1 as expressed in the law of  
revelation1 is a correct rule of human  
conduct2 yet1 as much of this law       
consists of general principles from     
which particular duties can not always  
be deduced1 positive human enactments   
are necessary to define the law of      
nature and revelation4 ,so an important 
part of the law of nations necessarily  
consists of positive institutions4      
,hence some writers have divided        
international law under these two       
principal heads3 the natural law of     
nations1 and the positive4  ,sec4#aa4   
,the positive law of nations is founded 
on usage or custom and agreement1 and   
may be considered as properly divided   
into the customary law of nations1 and  
the conventional4 ,the customary law of 

nations consists of certain maxims1 or  
is founded on customs and usages which  
have been long observed and tacitly     
consented to by nations1 and have       
thereby become binding upon all who have
 adopted them1 so far as their          
observance does not require a violation 
of the law of nature4  ,sec4#ab4 ,a     
conventional law of nations is one that 
has been established by a treaty or     
league4 ,the word convention usually    
signifies an assembly of persons met for
 some benevolent1 political1 or         
ecclesiastical purpose4 ,it also        
signifies a treaty1 or agreement between
 nations2 and such agreement or         
contract1 though made without a formal  
meeting1 is deemed conventional4        
,sec4#ac4 ,as the law of nature is      
liable to misconstruction1 and as the   
law of usage or custom is vague and     
uncertain1 conventional law1 because    
more definite1 has been found to afford 
greater security to the rights of       
commerce4 ,hence the practice1 now so   

common among nations1 of regulating     
their intercourse by negotiation4 ,by   
treaties1 the rights of the contracting 
parties are placed beyond dispute4      
,sec4#ad4 ,but it may be said1 if each  
nation is independent of every other1   
and if there is no constituted authority
 to enforce the fulfillment of treaty   
stipulations1 the rights guarantied by  
treaties are still insecure4 ,but few   
governments are so devoid of a sense of 
honor as1 by a palpable violation of    
treaty obligations1 to incur the odium  
and condemnation of all mankind4        
,self-respect and the fear of provoking 
a war1 have generally proved sufficient 
incentives to the observance of         
treaties4  ,sec4#ae4 ,the obligations of
 nations are sometimes called imperfect4
 ,a perfect obligation is one that can  
be enforced--one that exists where there
 is a right to compel the party on whom 
the obligation rests to fulfill it4 ,an 
imperfect obligation gives only the     
right to demand the fulfillment1 leaving

 the party pledged to judge what his    
duty requires1 and to do as he chooses1 
without being constrained by another to 
do otherwise4     ,chapter ,,lxiv4  ,the
 ,jurisdiction of ,nations2 their mutual
 ,rights and ,obligations2 the ,rights  
of ,embassadors1 ,ministers1 c4         
,sec4#a4 ,the seas are regarded as the  
common highway of nations4 ,the main    
ocean1 for navigation and fishing1 is   
open to all mankind4 ,every state1      
however1 has jurisdiction at sea over   
its own subjects in its own public and  
private vessels4 ,the persons on board  
such vessels are protected and governed 
by the laws of the country to which they
 belong1 and may be punished by these   
laws for offenses committed on board of 
its public vessels in foreign ports4    
,sec4#b4 ,the question how far a nation 
has jurisdiction over the seas adjoining
 its lands1 is not clearly settled4 ,it 
appears to be generally conceded1 that a
 nation has a right of exclusive        
dominion over navigable rivers flowing  

through its territory2 the harbors1     
bays1 gulfs1 and arms of the sea2 and   
such extent of sea adjoining its        
territories as is necessary to the      
safety of the nation1 which is          
considered by some to be as far as a    
cannon shot will reach1 or about a      
marine league4  ,sec4#c4 ,it is the duty
 of a nation in time of peace1 to allow 
the people of other states a passage    
over its lands and waters1 so far as it 
can be permitted without inconvenience1 
and with safety to its own citizens4 ,of
 this the nation is to be its own judge4
 ,the right of passage is only an       
imperfect right1 because the obligation 
to grant the right is an imperfect      
obligation4 7,chap4 ,,lxiii1 ,sec4#ae47 
,sec4#d4 ,in general1 it is the duty of 
a nation to allow foreigners to enter   
and settle in the country4 ,on being    
admitted into a state1 the state becomes
 pledged for their protection1 and they 
become subject to its laws2 and in      
consideration of the protection they    

receive1 they are obliged to aid in     
defending it1 and in supporting its     
government1 even before they are        
admitted to all the rights of citizens4 
,sec4#e4 ,but no state is bound to      
shelter criminals fleeing into it from a
 foreign state4 ,they can be tried only 
in the state whose laws they have       
violated4 ,it is therefore the duty of  
the government to surrender a fugitive  
on demand of the proper authorities of  
the state from which he fled1 if1 after 
due examination by a civil magistrate1  
there shall appear sufficient grounds   
for the charge4 ,the surrender of       
criminals is sometimes provided for in  
treaties4  ,sec4#f4 ,the rule which     
makes foreigners amenable to the laws of
 the state in which they remove1 does   
not apply to embassadors4 ,they are not 
responsible to the laws of the country  
to which they are sent1 even when guilty
 of crime4 ,when their conduct is       
dangerous to the government and its     
citizens1 all that can be done is1      

either to deprive them of liberty by    
confinement1 or to send them home and   
demand their punishment4 ,as every      
nation has a right to treat and         
communicate with all others1 it ought   
not to be deprived of the services of   
its representative4 ,hence1 the persons 
and property of all public ministers are
 held sacred and inviolable4  ,sec4#g4  
,embassadors are entitled to the same   
protection in the countries through     
which they pass in going to1 and        
returning from the government to which  
they are sent4 ,and to insure them a    
safe passage1 some governments have     
given them passports to be shown if     
required4 ,a passport is a written      
license from the authority of a state   
granting permission or safe conduct for 
one to pass through its territory4      
,passports1 though named in our law1 are
 not known in practice1 being deemed    
unnecessary4  ,sec4#h4 ,if a minister at
 a foreign court treats the sovereign   
with disrespect1 the fact is sometimes  

communicated to the government that sent
 him1 with a request for his recall4    
,or1 if the offense is a more serious   
one1 the offended sovereign refuses     
intercourse with him while his master's 
answer is awaited4 ,or1 if the case is  
an aggravated one1 he expels him from   
the country4  ,sec4#i4 ,ministers at    
foreign governments1 in their           
negotiations or business correspondence 
with those governments1 sometimes       
consider themselves ill treated1 and    
their own nation dishonored1 and take   
their leave and return home2 or the     
minister informs his sovereign1 who     
either recalls him1 or takes such other 
measure as he thinks the honor and      
interest of his nation demand4          
,sec4#aj4 ,the peculiar condition of a  
country1 the nature of the business upon
 which an embassador is sent1 or the    
personal character of the embassador1   
may be such as to justify a government  
in refusing to receive him4 ,but to     
preserve the friendly relations of the  

two countries1 satisfactory explanations
 ought to be made1 or good reasons      
offered for the refusal4  ,sec4#aa4 ,a  
minister can not bind his sovereign to  
any treaty or agreement1 conclusively1  
under the authority of an ordinary      
credential1 or letter of attorney4 ,he  
can not do so without a special power1  
containing express authority so to bind 
his principal4 ,ministers act under     
secret instructions which they are not  
bound to disclose4 ,even the treaties   
signed by plenipotentiaries1 7a word    
signifying full power17 are1 according  
to present usage1 of no force1 until    
ratified by their governments4          
,sec4#ab4 ,consuls are not entitled to  
the privilege enjoyed by ministers1 but 
are subject to the laws of the country  
in which they reside4 ,their principal  
duties have been described4 7,chap4     
,,xl1 ,sec4#i47 ,the office of consul   
has been found to be one of great       
utility2 hence1 every trading nation has
 a consul in every considerable         

commercial port in the world4 ,as in the
 case of ministers1 consuls carry a     
certificate of their appointment1 and   
must be acknowledged as consuls by the  
government of the country in which they 
reside1 before they can perform any     
duties pertaining to their office4      
,chapter ,,lxv4  ,offensive and         
,defensive ,war2 just ,causes and       
,objects of ,war2 ,reprisals2 ,alliances
 in ,war4    ,sec4#a4 ,wars are         
offensive and defensive4 ,the use of    
force to obtain justice for injuries    
done1 is offensive war4 ,the making use 
of force against any power that attacks 
a nation or its privileges1 is defensive
 war4 ,a war may be defensive in its    
principles1 though offensive in its     
operation4 ,for example3 one nation is  
preparing to invade another2 but before 
the threatened invasion takes place1 the
 latter attacks the former as the best  
mode of repelling the invasion4 ,in this
 case1 the party making the attack acts 
on the defensive4 7,sec4#aj47 ,the      

contending parties are called           
belligerents4 ,the word belligerent is  
from the ,latin bellum1 war1 and gero1  
to wage or carry on4 ,nations that take 
no part in the contest1 are called      
neutrals4  ,sec4#b4 ,war ought never to 
be undertaken without the most cogent   
reasons4 ,in the first place1 there must
 be a right to make war1 and just       
grounds for making it4 ,nations have no 
right to employ force any further than  
is necessary for their own defense1 and 
for the maintenance of their rights4    
,secondly1 it should be made from proper
 motives1 the good of the state1 and the
 safety and common advantage of the     
citizens4 ,hence1 there may be1         
according to the law of nations1 just   
cause of war1 when it would be          
inexpedient to involve the nation in    
such a calamity4  ,sec4#c4 ,the numerous
 objects of a lawful war may be reduced 
to these three3 7#a47 ,to recover what  
belongs to us1 or to obtain satisfaction
 for injuries4 7#b47 ,to provide for our

 future safety by punishing the         
offender4 7#c47 ,to defend or protect   
ourselves from injury by repelling      
unjust attacks4 ,the first and second   
are objects of an offensive war2 the    
third is that of a defensive war4       
,sec4#d4 ,injury to an individual       
citizen of a state1 by the subjects of  
another state1 is deemed a just cause of
 war1 if the persons offending1 or the  
government of the state to which they   
belong1 do not make reparation for the  
injury2 for every nation is responsible 
for the good behavior of its subjects4  
,but1 although this would1 according to 
the law of nations1 afford justifiable  
cause of war1 neither the honor nor the 
true interest of a nation requires that 
war should always be made for so slight 
a cause4  ,sec4#e4 ,generally1 the      
injury sought to be redressed should be 
serious1 and satisfaction be demanded   
and refused1 before recourse should be  
had to arms4 ,where there is a question 
of right between the parties1 the       

government making war should have no    
reasonable doubt of the justice of its  
claim4 ,and even when no such doubt     
exists1 it would be the duty of such    
government to prevent a war1 if         
possible1 by proposals of compromise4   
,it is believed that war ought in no    
case to be made1 until attempts have    
been made to effect an adjustment of    
difficulties by compromise1 or by offers
 to submit them for arbitration4        
,sec4#f4 ,one of the means by which     
satisfaction is sought without making   
war1 is that of reprisals4 7,chap4      
,,xxxvi1 ,sec4#d1 #e47 ,if a nation has 
taken what belongs to another1 or       
refuses to pay a debt1 or to make       
satisfaction for an injury1 the offended
 nation seizes something belonging to   
the former or to her citizens1 and      
retains it1 or applies it to her own    
advantage1 till she obtains             
satisfaction3 and when there shall be no
 longer any hope of satisfaction1 the   
effects thus seized are confiscated4 ,to

 confiscate is to adjudge property to be
 forfeited1 and to appropriate it to the
 use and benefit of the state4 ,but as  
the loss in this case would fall upon   
unoffending citizens1 it is the duty of 
their government to grant them          
indemnity4  ,sec4#g4 ,but to justify    
reprisals by the law of nations1 the    
grounds upon which they are authorized  
must be just and well ascertained4 ,if  
the right of the party demanding        
satisfaction is doubtful1 he must first 
demand an equitable examination of his  
claim1 and next be able to show that    
justice has been refused1 before he can 
justly take the matter into his own     
hands4 ,he has no right to disturb the  
peace and safety of nations on a        
doubtful pretension4 ,but if the other  
party refuses to have the matter brought
 to the proof1 or to accede to any      
proposition to terminate the dispute in 
a peaceable manner1 reprisals become    
lawful4  ,sec4#h4 ,by treaties of       
alliance1 nations sometimes agree to    

assist each other in case of war with a 
third power4 ,it is a question not      
clearly settled1 whether the government 
that is to afford the aid is bound to do
 so when it deems the war to be unjust4 
,the reasonable conclusion seems to be1 
that1 in cases simply doubtful1 the     
justice of the war is to be presumed2   
and the government pledging its aid is  
bound to fulfill its engagement4 ,the   
contrary doctrine would furnish a nation
 with too ready a pretext for violating 
its pledge4 ,in cases only of the       
clearest injustice on the part of its   
ally1 can a nation rightfully avoid a   
positive engagement to afford           
assistance4  ,sec4#i4 ,but when the     
object of the war is hopeless1 or when  
the state under such engagement would1  
by furnishing the assistance1 endanger  
its own safety1 it is not bound to      
render the aid4 ,but the danger must not
 be slight1 remote1 or uncertain4 ,none 
but extreme cases would afford          
sufficient cause for withholding the    

promised assistance4  ,sec4#aj4 ,when   
the alliance is defensive1 the treaty   
binds each party to assist the other    
only when engaged in a defensive war1   
and unjustly attacked4 ,by the          
conventional law of nations1 the        
government that first declares1 or      
actually begins the war1 is considered  
as making offensive war2 and though it  
should not be the first actually to     
apply force1 yet if it first renders the
 application of force necessary1 it is  
the aggressor2 and the other party1     
though the first to apply force1 is     
engaged in a defensive war4 7,sec4#a47  
,chapter ,,lxvi4  ,declaration of ,war2 
its ,effect upon the ,person and        
,property of the ,enemy's subjects2     
,stratagems in ,war2 ,privateering4     
,sec4#a4 ,when a nation has resolved on 
making war1 it is usual to announce the 
fact by a public declaration4 ,in       
monarchical governments1 the power to   
declare war1 which of course includes   
the right of determining the question   

whether it shall be made1 is vested in  
the king4 ,in the ,united ,states1 this 
power is1 by the constitution1 given to 
the representatives of the people1 for  
reasons elsewhere stated4 7,chap4       
,,xxxvi1 ,sec4#c47  ,sec4#b4 ,it was    
usual1 formerly1 to communicate a       
declaration of war to the enemy4        
,according to modern practice1 a formal 
declaration to the enemy is not         
required4 ,any manifesto or paper from  
an official source1 announcing that the 
country is in a state of war1 is        
considered sufficient4 ,the recalling of
 a minister has alone been regarded as a
 hostile act1 and followed by war1      
without any other declaration4 ,but such
 cases have not been frequent4 ,under   
ordinary circumstances1 the recall of a 
minister is not an offensive act4       
,sec4#c4 ,the government of a state acts
 for and in behalf of all its citizens2 
and its acts are binding upon all4      
,hence1 when war is declared1 it is not 
merely a war between the two            

governments2 all the subjects of the    
government declaring it become enemies  
to all the subjects of that against     
which it is declared4  ,sec4#d4         
,whether1 on the occurrence of a war in 
any state1 the subjects of the enemy    
found within the state may be detained  
as prisoners of war1 and their movable  
property confiscated2 or whether they   
are entitled to a reasonable time to    
retire with their effects1 is a question
 upon which writers of public law are   
not agreed4 ,few civilized nations1 at  
the present day1 would deny such persons
 a reasonable time to retire with their 
property4 ,of houses and lands1 all     
admit that only the income is subject to
 confiscation4 ,the privilege spoken of1
 instead of being left to uncertainty1  
is now1 with great propriety1 generally 
secured by treaty4  ,sec4#e4 ,when war  
is declared1 all intercourse between the
 two countries at once ceases4 ,all     
trade between the citizens1 directly or 
indirectly1 is strictly forbidden2 and  

all contracts with the enemy made during
 the war are void4  ,sec4#f4 ,although a
 state of war makes all the subjects of 
one nation enemies of all those of the  
other1 they cannot lawfully engage in   
offensive hostilities without permission
 of their government4 ,if they have no  
written commission as evidence of such  
permission1 and if they should be taken 
by the enemy1 they would not be entitled
 to the usual mild treatment which other
 prisoners of war receive1 but might be 
treated without mercy as lawless robbers
 and banditti4  ,sec4#g4 ,as the object 
of a just war is to obtain justice1 a   
nation1 when it has declared war1 has a 
right to use all necessary means1 and no
 other1 for attaining that end4 ,a just 
war gives the right to take the life of 
the enemy2 but there are limits to this 
right4 ,if an enemy submits1 and lays   
down his arms1 we can not justly take   
his life4 ,and justice and humanity     
forbid that women1 children1 feeble old 
men1 and sick persons1 who make no      

resistance1 should be maltreated4       
,sec4#h4 ,prisoners of war are not to be
 treated with cruelty4 ,they may be     
confined1 and even fettered1 if there is
 reason to apprehend that they will rise
 against their captors1 or make their   
escape4 ,prisoners of war are detained  
to prevent their returning to join the  
enemy1 or to obtain from their          
government a just satisfaction as the   
price of their liberty4 ,prisoners may  
be kept till the end of the war4 ,then1 
or at any time during the war1 the      
government may exchange them for its own
 soldiers taken prisoner by the enemy2  
or a ransom may be required for their   
release4 ,it is the duty of the         
government to procure1 at its own       
expense1 the release of its citizens4   
,sec4#i4 ,ravaging a country1 burning   
private dwellings1 or otherwise wantonly
 destroying property1 is not            
justifiable1 except in cases of absolute
 necessity4 ,but all fortresses1        
ramparts1 and the like1 being           

appropriated to the purposes of war1 may
 be destroyed4  ,sec4#aj4 ,stratagems   
and deceit to obtain advantage of an    
enemy1 are1 to some extent1 justified by
 the law of nations2 but in general they
 are dishonorable and wrong4  ,sec4#aa4 
,spies are sometimes sent among an      
enemy1 to discover the state of his     
affairs1 to pry into his designs1 and   
carry back information4 ,this is a      
dishonorable office2 spies1 if detected1
 are condemned to death4  ,sec4#ab4 ,the
 rights of a nation in war at sea are   
essentially different from those in war 
upon land4 ,the object of a maritime war
 is to destroy the commerce and         
navigation of the enemy1 with a view of 
weakening his naval power4 ,to this end1
 the capture or destruction of private  
property is necessary1 and is justified 
by the law of nations4 ,hence1 for the  
purpose of attack as well as defense1   
every nation of considerable power or   
commercial importance1 keeps a navy1    
consisting of a number of war vessels1  

ready for service4  ,sec4#ac4 ,besides  
these national ships of war1 there are  
armed vessels owned by private citizens1
 and called privateers4 ,their owners   
receive from the government a commission
 to go on the seas1 and to capture any  
vessel of the enemy1 whether it is owned
 by the government or by private        
citizens1 or whether it is armed or not4
 ,and to encourage privateering1 the    
government allows the owner and crew of 
a privateer to keep the property        
captured as their own4  ,sec4#ad4 ,to   
prevent the abuse of this right1 the    
owners are required to give security1   
that the cruise shall be conducted      
according to instructions and the usages
 of war2 that the rights of neutral     
nations shall not be violated2 and that 
the captured property shall be brought  
in for adjudication4  ,sec4#ae4 ,when a 
prize is brought into a port1 the       
captors make a writing1 called libel1   
stating the facts of the capture1 and   
praying that the property may be        

condemned2 and this paper is filed in   
the proper court4 ,if it shall be made  
to appear that the property was taken   
from the enemy1 the court condemns the  
property as prize1 which is then sold1  
and the proceeds are distributed among  
the captors4  ,sec4#af4 ,all prizes1    
whether taken by a public or private    
armed vessel1 primarily belong to the   
sovereign2 and no person has any        
interest in a prize1 except what he     
receives from the state3 and due proof  
must in all cases be made before the    
proper court1 that the seizure was      
lawfully made4 ,in this country1 prizes 
are proved and condemned in a district  
court of the ,united ,states1 which1    
when sitting that purpose1 is called a  
prize court4     ,chapter ,,lxvii4      
,rights and ,duties of ,neutral         
,nations2 ,contraband ,goods2 ,blockade2
 ,right of ,search2 ,safe ,conducts and 
,passports2 ,truces2 ,treaties of       
,peace4    ,sec4#a4 ,a neutral nation is
 bound to observe a strict impartiality 

toward the parties at war4 ,if she      
should aid one party to the injury of   
the other1 she would be liable to be    
herself treated as an enemy4 ,a loan of 
money to one of the belligerents1 or    
supplying him with other means of       
carrying on a war1 if done with the view
 of aiding him in the war1 would be a   
violation of neutrality4 ,but an        
engagement made in time of peace to     
furnish a nation a certain number of    
ships1 or troops1 or other articles of  
war1 may afterward1 in time of war1 be  
fulfilled4  ,sec4#b4 ,a nation is not   
bound1 however1 on the occurrence of a  
war1 to change its customary trade1 and 
to cease supplying a belligerent with   
articles of trade which such belligerent
 was wont to receive from her1 although 
the goods may afford him the means of   
carrying on the war4 ,so if a nation has
 been accustomed to lend money to       
another for interest1 and the latter    
should become engaged in war with a     
third power1 the neutral would not break

 her neutrality if she should continue  
to lend her money4 ,the wrong in any    
case lies in the intention to aid one to
 the detriment of the other4  ,sec4#c4  
,this rule1 it is believed1 is          
universally admitted in cases of        
belligerents going themselves to a      
neutral country to make their purchases4
 ,but whether a neutral nation is at    
full liberty to carry the goods in the  
cases mentioned1 is not so certain4 ,a  
nation in a just war has a right to     
deprive her enemy of the means of       
resisting or injuring her1 and therefore
 may lawfully intercept every thing of a
 warlike nature which a neutral is      
carrying to such enemy4  ,sec4#d4       
,articles which a neutral nation is not 
allowed to carry to an enemy1 are called
 contraband goods4 ,what these are1 it  
is impossible to say with precision1 as 
some articles may in certain cases be   
lawfully carried1 which would be justly 
prohibited under other circumstances4   
,among the articles usually contraband1 

are arms1 ammunition1 materials for     
ship-building1 naval stores1 horses1 and
 sometimes even provisions4  ,sec4#e4   
,contraband goods1 when ascertained to  
be such1 are confiscated to the captors 
as lawful prize4 ,formerly the vessel   
also was liable to be condemned and     
confiscated2 but the modern practice1 it
 is said1 exempts the ship1 unless it   
belongs to the owner of the contraband  
articles1 or the carrying of them is    
connected with aggravating              
circumstances4  ,sec4#f4 ,one of the    
rights of a belligerent nation which a  
neutral is bound to regard1 is the right
 of blockade4 ,blockade is a blocking   
up4 ,a war blockade is the stationing of
 ships of war at the entrance of an     
enemy's ports1 to prevent all vessels   
from coming out or going in4 ,the object
 of a blockade is to hinder supplies of 
arms1 ammunition1 and provisions from   
entering1 with a view to compel a       
surrender by hunger and want1 without an
 attack4 ,a neutral vessel attempting to

 enter or depart1 becomes liable to be  
seized and condemned4 ,towns and        
fortresses also may be shut up by       
posting troops at the avenues4  ,sec4#g4
 ,a simple decree or order declaring a  
certain coast or country in a state of  
blockade1 does not constitute a         
blockade4 ,a force must be stationed    
there1 competent to maintain the        
blockade1 and to make it dangerous to   
enter4 ,and it is necessary that the    
neutral should have due notice of the   
blockade1 in order to subject his       
property to condemnation and forfeiture4
 ,according to modern usage1 if a place 
is blockaded by sea only1 trade with it 
by a neutral nation may be carried on by
 inland communication4 ,and a neutral   
vessel1 loaded before the blockade was  
established1 has a right to leave the   
port with her cargo4  ,sec4#h4 ,to      
prevent the conveyance of contraband    
goods1 the law of nations gives a       
belligerent nation the right of search2 
that is1 the right1 in time of war1 to  

search neutral vessels1 to ascertain    
their character1 and what articles are  
on board4 ,a neutral vessel refusing to 
be searched by a lawful cruiser1 would  
thereby render herself liable to        
condemnation as a prize4 ,private       
merchant vessels only are subject to    
search2 the right does not extend to    
public ships of war4  ,sec4#i4 ,the     
property of an enemy found on board of a
 neutral vessel1 may be seized1 if the  
vessel is beyond the limits of the      
jurisdiction of the nation to which she 
belongs2 but the vessel is not          
confiscated2 and the master is entitled 
to freight for the carriage of the      
goods4 ,the property of neutrals found  
in an enemy's vessels1 is to be restored
 to the owners4  ,sec4#aj4 ,a neutral is
 forbidden by the law and practice of   
nations1 to permit a belligerent to arm 
and equip vessels of war within her     
forts4 ,nor may the citizens of a nation
 fit out any vessel1 or enlist1 to go   
beyond the limits of their own country  

to assist any people in war against     
another with whom they are at peace4    
,sec4#aa4 ,it is sometimes agreed to    
suspend hostilities for a time4 ,if the 
agreement is only for a short period1   
for the purpose of burying the dead     
after battle1 or for a parley between   
the hostile generals2 or if it regards  
only some particular place1 it is called
 a cessation or suspension of arms2 if  
for a considerable time1 and especially 
if general1 it is called a truce4 ,by a 
partial truce1 hostilities are suspended
 in certain places1 as between a town   
and the general besieging it2 and       
generals have power to make such truces4
 ,by a general truce1 hostilities are to
 cease generally1 and in all places1 and
 are made by the governments or         
sovereigns4 ,such truces afford         
opportunities for nations to settle     
their disputes by negotiation4          
,sec4#ab4 ,a truce binds the contracting
 parties from the time it is made2 but  
individuals of the nation are not       

responsible for its violation before    
they have had due notice of it4 ,and for
 all prizes taken after the time of its 
commencement1 the government is bound to
 make restitution4 ,during the cessation
 of hostilities1 each party may1 within 
his own territories1 continue his       
preparations for war1 without being     
charged with a breach of good faith4    
,sec4#ac4 ,war is generally terminated1 
and peace secured1 by treaties of peace4
 ,the manner of making treaties has been
 described4 7,chap4 ,,xl1 ,sec4#e47 ,a  
treaty of peace puts an end to the war1 
and leaves the contracting parties no   
right to take up arms for the same      
cause4  ,sec4#ad4 ,the parties to a     
treaty of peace are bound by it from the
 time of its conclusion1 which is the   
day on which it is signed2 but1 as in   
the case of a truce1 persons are not    
held responsible for any hostile acts   
committed before the treaty was known2  
and their government is bound to order  
and enforce the restitution of property 

captured subsequently to the conclusion 
of the treaty4  ,sec4#ae4 ,war is       
sometimes terminated by mediation4 ,a   
friend to both parties1 desirous of     
stopping the destruction of human life1 
kindly endeavors to reconcile the       
parties4 ,the friendly sovereign who    
thus interposes1 is called mediator4    
,many desolating wars might have been   
early arrested in this way1 or wholly   
prevented1 had there always been among  
friendly powers a disposition to        
reconcile contending nations4           
,synopsis of the ,state ,constitutions4 
,maine4   ,the ,district of ,maine1     
formerly belonging to the state of      
,massachusetts1 adopted in convention1  
,october #bi1 #ahai1 the present        
constitution1 and was admitted into the 
,union as a state1 ,march #ae1 #ahbj4   
,the constitution has received several  
alterations4  ,electors4 ,all male      
citizens1 having had a residence in the 
state three months1 except paupers1     
persons under guardianship1 and ,indians

 not taxed4  ,legislature4 ,the house of
 representatives consists of one hundred
 and fifty-one members1 apportioned     
among the counties according to         
population2 and the number apportioned  
to each county are apportioned among the
 towns according to the population4 ,a  
representative must have been a citizen 
of the ,united ,states five years1      
resided in the state one year1 and in   
the town or district he is chosen to    
represent1 three months4 ,senate1 not   
less than twenty1 nor more than         
thirty-one members1 elected in districts
 by majority4 ,if a senator is not      
elected by the electors1 the house and  
the senators elected choose one from the
 two candidates having the highest      
numbers of votes4 ,age1 twenty-five     
years1 otherwise qualified as           
representatives4  ,a majority           
constitutes a quorum4 ,bills vetoed by  
the governor become laws when re-passed 
by two-thirds majorities4 ,also bills   
become laws if not returned by the      

governor within five days1 unless their 
return is prevented by adjournment1 in  
which case they will become laws unless 
returned within three days after the    
next meeting4  ,executive4 ,the governor
 is elected annually1 by majority4 ,if  
no person has a majority1 the house1    
from those voted for 7not exceeding     
four7 having the highest numbers of     
votes1 elects two1 of whom the senate   
elects a governor4 ,age1 thirty years1 a
 native citizen1 resident of the state  
five years4 ,an executive council of    
seven1 chosen annually by the           
legislature on joint ballot4 ,power of  
appointment is exercised by the governor
 and council4 ,no lieutenant-governor4  
,secretary of state1 treasurer1 and     
attorney-general1 are chosen annually by
 joint ballot of both houses4           
,judiciary4 ,a supreme judicial court1  
and such other courts as the legislature
 may establish4 ,judges of the judicial 
court are appointed by the governor and 
council for seven years2 judges and     

registers of probate are elected in the 
counties for four years4  ,officers may 
be removed by impeachment1 and by the   
governor and council on address of both 
houses of the legislature4  ,amendments 
to the constitution may be proposed by  
two-thirds of both branches1 and        
ratified by the electors at the next    
annual election4    ,new ,hampshire4    
,the first constitution of this state   
was adopted in #aghd2 the present one in
 #agib1 and has been amended4           
,electors4 ,all male citizens1 except   
paupers and persons excused from paying 
taxes at their own request1 resident in 
the state six months1 and in the town   
three months4  ,legislature--called     
general court4 ,senate1 twelve members1 
elected annually in single districts2   
thirty years of age2 inhabitants of the 
state seven years1 and inhabitants of   
their respective districts4             
,representatives are apportioned among  
the towns according to ratable male     
polls1 7male tax-payers27 state         

residence1 two years4 ,senators and     
representatives must be of the          
,protestant religion4 ,quorum1 a        
majority4  ,bills passed against the    
veto by two-thirds majorities--also     
become laws if not returned within five 
days1 unless the return is prevented by 
adjournment4  ,executive4 ,the governor 
is elected annually by majority4 ,if no 
person has a majority1 the two houses   
elect one of the two highest4 ,age1     
thirty years2 inhabitant of the state1  
seven years1 and a ,protestant4 ,council
 of five1 one in each district1 elected 
annually by majority4 ,power of         
appointment and of pardon exercised by  
the governor and council4 ,no           
lieutenant-governor4  ,secretary of     
state1 treasurer1 and commissary-general
 appointed by joint ballot of both      
houses4  ,judiciary4 ,judicial officers 
are appointed by the governor and       
council2 justices of the peace for five 
years1 judges of the higher courts      
during good behavior4 ,judges           

disqualified at seventy years of age4   
,attorney-general1 solicitors1 sheriffs1
 coroners1 registers of probate1 and    
naval and the higher militia officers1  
are appointed by the governor and       
council4 ,county treasurers and         
registers of deeds are elected in the   
counties4  ,amendments4 ,the sense of   
the people is taken every seven years2  
and if a majority favor a revision1 the 
legislature calls a convention2 and any 
alterations proposed by the convention  
must be approved by two-thirds of the   
qualified electors who vote thereon4    
,vermont4   ,this state was admitted    
into the ,union in #agia1 with a        
constitution formed in #aggg2 the       
present one was adopted in #agic1 and   
has been several times amended4         
,electors4 ,citizens having resided in  
the state one year1 of quiet and        
peaceable behavior1 are entitled to all 
the privileges of freemen1 by taking an 
oath that1 in giving their votes1 they  
will so do it as they believe will      

conduce to the best good of the state4  
,legislature4 ,senate1 thirty members1  
elected annually2 apportioned among the 
counties according to population1 each  
county to have at least one senator2    
age1 thirty years2 freemen of the       
county4 ,representatives are elected in 
towns1 each town being entitled to at   
least one representative2 resident of   
the state two years1 of the town one    
year4  ,quorum1 a majority4 ,for raising
 a tax1 two-thirds of the members       
elected must be present4  ,bills vetoed 
by the governor may be again passed by  
simple majorities4 ,bills not returned  
by the governor within five days become 
laws1 unless their return is prevented  
by adjournment4  ,executive4 ,the       
governor is elected annually by         
majority4 ,if no person has a majority1 
the legislature chooses one of the three
 highest4 ,resident of the state four   
years4 ,a lieutenant-governor4  ,a      
secretary of state1 chosen by the two   
houses2 a treasurer1 elected as governor

 and lieutenant-governor4  ,judiciary4  
,a supreme court and county courts2 the 
judges chosen annually by the senate and
 house2 justices of the peace are       
elected in the towns2 judges of probate 
in districts2 assistant judges of county
 courts1 sheriffs1 high bailiffs1 and   
state's attorneys1 in their respective  
counties4  ,amendments4 ,a council of   
thirteen censors1 chosen every seven    
years1 examines into the different      
departments1 and have power to call a   
convention to amend the constitution4   
,massachusetts4   ,the constitution of  
this state was formed in #aghj4 ,it has 
been several times amended4  ,electors4 
,every male citizen1 except paupers and 
persons under guardianship1 having      
resided in the state one year1 in the   
town or district six months2 and having 
paid a tax within two years1 or is      
legally exempt from taxation4           
,legislature--styled general court4     
,senate1 forty members1 chosen in       
districts1 and apportioned according to 

population2 residents of the state five 
years1 and inhabitants of the districts 
they represent4 ,representatives are    
apportioned among the towns and cities4 
,every town or city containing #a1bjj   
inhabitants1 is entitled to one1 and an 
additional one for every #b1djj         
additional inhabitants4 ,residence one  
year in the towns they represent4       
,bills passed against the veto by       
two-thirds majorities--or become laws if
 not returned within five days1 unless  
the legislature by adjournment1 prevent 
their return4  ,executive4 ,the governor
 is chosen annually1 by majority4 ,if no
 candidate has a majority1 the house    
elects two of those voted for1 7not     
exceeding four17 having the highest     
numbers of votes1 of which two the      
senate elects a governor4 ,he must have 
resided in the state seven years1 and   
declare himself to be of the ,christian 
religion4 ,a council of nine1 elected   
annually by joint ballot of the two     
houses1 act with the governor in pardons

 and appointments1 and in directing the 
affairs of state generally4 ,counselors 
must have resided in the state five     
years4  ,the secretary1 treasurer1      
receiver-general1 commissary-general1   
notaries public1 and naval officers1 are
 chosen annually by the legislature4    
,judiciary4 ,a supreme judicial court   
and a court of common pleas1 held in    
every county of the state1 and courts   
held by justices of the peace4 ,all     
judicial officers are appointed by the  
governor and council2 justices of the   
higher courts during good behavior1     
justices of the peace for seven years4  
,the former are removable by the        
governor and council1 or address of the 
legislature4  ,the attorney-general1 the
 solicitor-general1 sheriffs1 coroners1 
and registers of probate1 are appointed 
as justices4  ,amendments agreed to by a
 majority of the senators and two-thirds
 of the representatives at two          
successive sessions1 are submitted to   
the qualified voters of the state for   

ratification4    ,rhode ,island4   ,a   
charter granted in #affc1 by ,charles   
,,ii1 to the ,rhode ,island and         
,providence ,plantations1 continued1    
with some modifications1 the basis of   
government of this state1 until #ahdb1  
when the present constitution was       
adopted4  ,electors4 ,every male native 
citizen1 resident in the state two      
years1 in the town or city six months1  
and having within a year paid a tax of  
#a1 or has done military duty4 ,also    
every naturalized citizen1 resident in  
the state one year1 in the town or city 
six months1 owning real estate worth    
#acd above all incumbrances1 or which   
rents for #g a year4 ,voters in this    
state must be registered in the town    
clerk's office1 at least seven days     
before they offer their votes4          
,legislature styled general assembly4   
,representatives1 not to exceed         
seventy-two1 are apportioned among the  
towns1 no town to have more than        
one-sixth of the whole house4 ,the      

senate consists of the                  
lieutenant-governor and one senator from
 each town or city4 ,the governor1 and  
in his absence1 the lieutenant-governor1
 presides in the senate1 and in grand   
committee1 7the two houses united47     
,quorum1 a majority4  ,bills when passed
 by both houses are laws4  ,executive4  
,the governor and lieutenant-governor   
are elected annually by majority4 ,if no
 candidate has a majority1 the two      
houses in joint assembly 7grand         
committee7 elect from the two having the
 highest numbers of votes4  ,a          
secretary1 an attorney-general1 and a   
general treasurer1 are elected in the   
same manner as the governor4            
,judiciary4 ,a supreme court and such   
inferior courts as the legislature shall
 establish4 ,judges of the supreme court
 are elected by the two houses in grand 
committee4 ,the judges hold their       
offices until their places shall be     
declared vacant by the general assembly4
  ,amendments must be agreed to by two  

successive legislatures1 7a majority of 
all the members elected to each house   
voting in their favor17 and approved by 
three-fifths of the electors of the     
state voting thereon4    ,connecticut4  
,this state was governed under a charter
 granted by ,charles ,,ii1 in #affb1    
until #ahah1 when the present           
constitution was adopted4 ,this         
constitution has received numerous      
amendments4  ,electors4 ,every white    
male citizen1 who has resided in the    
state a year1 and in the town six       
months1 who sustains a good moral       
character1 and is able to read any      
section of the constitution of the state
 and of the constitution of the ,united 
,states4  ,legislature--styled general  
assembly4 ,representatives are          
apportioned among the towns according to
 population4 ,any elector is eligible to
 either house4 ,senators1 not less than 
eighteen1 nor more than twenty-four1 are
 chosen in districts1 the number of     
which is not to be less than eight1 nor 

more than twenty-four4 ,quorum1 a       
majority4  ,bills rejected by the       
governor may be again passed by a       
majority of each house4 ,bills become   
laws also if not returned by the        
governor within three days1 unless the  
legislature sooner adjourn4  ,executive4
 ,a governor and lieutenant-governor are
 elected annually4 ,any qualified       
elector thirty years of age is eligible4
 ,election by majority4 ,in case of a   
failure to elect1 the general assembly  
chooses a governor from the two having  
the highest numbers of votes4  ,a       
treasurer1 a secretary1 and a controller
 of public accounts1 are elected as the 
governor and lieutenant-governor4 ,a    
sheriff is elected in each county for   
three years4  ,judiciary4 ,a supreme    
court1 a superior court1 and such       
inferior courts as the legislature shall
 establish4 ,the judges are appointed by
 the general assembly2 the judges of the
 supreme and superior courts for eight  
years2 removable by the governor on     

address of two-thirds of each house4    
,judges of probate are chosen annually  
by the electors in districts2 justices  
of the peace in the towns4  ,amendments 
are proposed by a majority of the house 
of representatives1 approved by         
two-thirds of both houses of the next   
legislature and a majority of the       
electors at an election4    ,new ,york4 
,the first constitution of this state   
was formed in #aggg2 the second in      
#ahba1 and adopted in #ahbb2 the present
 was formed and adopted in #ahdf4       
,electors4 ,every white male citizen1   
resident in the state a year1 and in the
 county four months1 and thirty days in 
the district which the person voted for 
is to represent4 ,naturalized persons   
must have been admitted as citizens ten 
days before voting4 ,colored men must   
have resided in the state three years1  
own a freehold of #bej in value over    
incumbrances1 and have paid a tax       
thereon4  ,legislature4 ,senate1        
thirty-two members elected in single    

districts for two years4 ,assembly1 one 
hundred and twenty-eight members1       
apportioned among the counties4         
,counties entitled to more than one     
member are divided into districts and a 
member is elected in each district4 ,a  
census is taken1 and a new apportionment
 made every ten years4 ,a majority is a 
quorum to do business4 ,the final       
passage of bills requires a majority of 
all the members4 ,bills may be passed   
against the veto by two-thirds          
majorities4 ,they become laws if not    
returned within ten days1 unless their  
return is prevented by adjournment4     
,executive4 ,a governor is elected for  
two years2 a citizen1 thirty years of   
age2 a resident of the state five years4
 ,a lieutenant-governor4  ,judiciary4 ,a
 court of appeals1 a supreme court1     
county courts1 and courts held by       
justices of the peace4 ,there are eight 
judicial districts1 in each of which    
four justices of the supreme court are  
elected for eight years1 two of them    

every two years4 ,the court of appeals  
is composed of eight judges1 four of    
whom are elected by the electors of the 
state for eight years1 one every two    
years1 and the other four are of the    
class of justices of the supreme court  
whose term has most nearly expired4 ,in 
each county are held circuit courts and 
special terms of the supreme court1 by  
one or more justices of the supreme     
court4 ,general terms of the supreme    
court are held in the several districts 
by three or more of the justices4 ,a    
county court is held by a county judge  
elected for four years1 who is also     
surrogate1 called in other states1 judge
 of probate4 ,in counties having more   
than #dj1jjj inhabitants1 a separate    
officer may be chosen as surrogate4     
,justices of the peace are elected in   
the several towns for four years4       
,judges of the court of appeals and     
justices of the supreme court may be    
removed by the legislature2 county      
judges by the senate on recommendation  

of the governor4  ,a secretary of state1
 a controller1 a treasurer1 an          
attorney-general1 and a state engineer  
and surveyor1 are chosen for two years2 
three canal commissioners and three     
inspectors of state prisons1 for three  
years1 one of each every year4          
,sheriffs1 clerks of counties1 coroners1
 and district attorneys1 are elected for
 three years in the several counties4   
,sheriffs are ineligible for the next   
three years4  ,amendments must receive  
the sanction of two successive          
legislatures1 and of a majority of the  
electors voting thereon at an election4 
,new ,jersey4   ,new ,jersey1 as a      
colony1 adopted a constitution in #aggf1
 under which the state was governed     
until the present constitution1 framed  
in #ahdd1 was adopted4  ,electors4      
,white male citizens1 who have resided  
in the state a year1 and in the county  
five months4  ,legislature4 ,a senate   
and general assembly4 ,the senate       
consists of one senator from each       

county1 elected for three years2        
one-third of the senators elected every 
year4 ,age1 thirty years2 residence in  
the state four years1 and in the county 
one year4 ,members of the general       
assembly1 not to exceed sixty1 are      
apportioned among the counties according
 to population4 ,residence in the state 
two years1 in the county one year4 ,a   
majority is a quorum4  ,the final       
passage of bills requires a majority of 
the members elected4 ,the same          
majorities may pass bills disapproved by
 the governor4 ,bills become laws if not
 returned by the governor within five   
days1 unless their return is prevented  
by adjournment4  ,executive4 ,the       
governor is elected for three years1 and
 is ineligible for the next three years4
 ,he must be thirty years of age2 have  
been twenty years a citizen1 seven years
 a resident of the state4 ,the pardoning
 power is exercised by the governor in  
conjunction with the chancellor and the 
judges of the court of errors and       

appeals4 ,no lieutenant-governor4  ,the 
state treasurer1 and the keeper and     
inspectors of the state prison are      
appointed annually by joint assembly of 
the two houses4 ,the secretary of state1
 attorney-general1 and prosecutors of   
the pleas1 are appointed by the governor
 and senate1 for five years4            
,judiciary4 ,a court of errors and      
appeals2 a court of chancery2 a         
prerogative court2 a supreme court2     
circuit courts2 and inferior courts4    
,the court of errors and appeals        
consists of the chancellor1 the justice 
of the supreme court1 and six judges1 or
 a majority of them4 ,the court of      
chancery consists of the chancellor1 who
 is also the ordinary1 or               
surrogate-general1 and judge of the     
prerogative court1 to which appeals are 
made from the orphans' court4 ,the      
supreme court consists of a chief       
justice and four associates4 ,the       
circuit courts are held in every county 
by one or more justices of the supreme  

court1 or a judge appointed for that    
purpose4 ,chancellor and justices of the
 supreme court hold for seven years2    
judges of the court of errors and       
appeals for six years2 and all are      
appointed by the governor and senate4   
,the inferior court of common pleas     
shall not have more than five judges1   
one to be appointed every year by the   
senate and assembly4  ,justices of the  
peace1 from two to five1 are elected in 
each township and city ward1 for five   
years4  ,sheriffs and coroners are      
elected annually in their respective    
counties1 and may be re-elected until   
they shall have served three years2     
after which they are ineligible for     
three years4  ,amendments must be agreed
 to by two successive legislatures1 a   
majority of all the members elected to  
each house concurring1 and be ratified  
by the electors at an election held for 
that purpose4 ,amendments1 7if more than
 one17 must be submitted separately2 and
 not oftener than once in five years4   

,pennsylvania4   ,a ,constitution was   
adopted in #aggf2 another in #agij2 the 
present one in #ahch4  ,electors4 ,white
 freemen1 having resided in the state   
one year1 in the election district ten  
days1 and paid a tax within two years2  
if between twenty-one and twenty-two    
years1 they need not have paid the tax4 
,an elector having removed from the     
state and returned1 may vote after six  
months residence in the state1 and ten  
days in the district1 and the payment of
 taxes4  ,legislature--called general   
assembly4 ,representatives are chosen   
annually1 and apportioned every seven   
years among the counties according to   
the number of taxable inhabitants2      
number not less than sixty1 nor more    
than one hundred4 ,age1 twenty-one2     
residence in the state three years1 one 
in the district4 ,senators are chosen   
for three years1 7one-third every year17
 in districts1 not more than two in any 
district1 unless the taxable inhabitants
 in any city or county entitle it to    

elect more2 but no city or county may   
elect more than four4 ,the whole number 
may not be less than one-fourth nor     
greater than one-third of the number of 
representatives4 ,twenty-five years2    
state residence1 four years2 district1  
one year4  ,quorum1 a majority of each  
house4 ,bills passed against the veto by
 two-thirds majorities4 ,bills not      
returned by the governor within ten     
days1 become laws1 unless their return  
is prevented by adjournment4            
,executive4 ,the governor is elected for
 three years1 and may not hold the      
office more than six years in nine ,age1
 thirty years2 a citizen and inhabitant 
of the state1 seven years4 ,no          
lieutenant-governor4  ,a secretary is   
appointed by the governor during        
pleasure4 ,a treasurer is chosen        
annually by joint assembly4  ,judiciary4
 ,supreme court1 the judges elected for 
fifteen years2 courts of oyer and       
terminer and general jail delivery in   
the counties1 held by judges of the     

supreme court and court of common pleas2
 a court of common pleas in each        
judicial district1 which may not include
 more than five counties1 the presiding 
judge to hold his office for ten years1 
the associates for five years2 a court  
of quarter sessions and orphans' court  
for each county1 held by judges of the  
common pleas2 a register's court for    
each county1 composed of the register of
 wills and judges of the common pleas2  
and courts held in the several          
townships1 wards1 and boroughs1 by      
justices of the peace or aldermen       
elected by the voters therein1 for five 
years4 ,judges of the supreme court are 
elected by the people of the state at   
large2 others are chosen in the         
districts or counties over which they   
preside4  ,sheriffs and coroners are    
elected in their counties for three     
years4 ,sheriffs may not be twice chosen
 in any term of six years4  ,amendments 
must be agreed to by majorities of all  
the members of two successive           

legislatures1 and ratified by a majority
 of the electors voting thereon4        
,amendments must be voted on separately2
 and none may be submitted to the       
electors oftener than once in five      
years4    ,delaware4   ,the first       
constitution of this state was adopted  
in #aggf2 the present1 in #ahca1 and has
 been amended4  ,electors4 ,white males 
twenty-two years of age1 having resided 
in the state one year1 in the county one
 month1 and within two years paid a     
county tax assessed at least six months 
before the election4 ,if twenty-one1 and
 under twenty-two years of age1 they may
 vote without having paid any tax4      
,legislature--called general assembly4  
,representatives are chosen in counties 
for two years2 must be twenty-four years
 of age2 have been citizens and         
inhabitants of the state three years1 of
 the county one year4 ,senators are     
elected in the counties for four years2 
the number not to be greater than       
one-half1 nor less than one-third of the

 number of representatives4 ,a senator  
must be twenty-seven years of age2 have 
been a citizen and an inhabitant of the 
state three years1 of the county1 one   
year2 and possess a freehold estate in  
the county of two hundred acres of land1
 or real and personal property1 or      
either1 worth ,l#a1jjj1 at least4  ,a   
majority of each house is a quorum4     
,bills are not submitted to the         
governor4  ,executive4 ,the governor is 
elected for four years1 and is not      
eligible a second time4 ,thirty years of
 age2 a citizen and inhabitant of the   
,united ,states twelve years1 of the    
state1 six years4 ,no                   
lieutenant-governor4  ,a secretary of   
state1 appointed by the governor during 
his continuance in office2 a state      
treasurer1 biennially1 by a concurrent  
vote of the two houses4 ,by this mode of
 election1 the two houses do not meet   
and vote jointly1 but they vote         
separately1 as in passing laws4         
,judiciary4 ,five judges appointed by   

the governor1 of whom one is chancellor1
 and holds the court of chancery4 ,of   
the other four1 one is chief-justice1   
and the other three are associate       
justices1 of whom one resides in each   
county4  ,the superior court1 and the   
court of general sessions of the peace  
and jail delivery1 consist of the       
chief-justice and two associates4 ,the  
court of oyer and terminer consists of  
all the judges except the chancellor4   
,the court of errors and appeals issues 
writs of error to the superior court1   
receives appeals from the court of      
chancery1 and determines finally all    
matters in error in the judgments and   
proceedings of the superior court2 and  
when thus acting1 it consists of the    
chancellor and two of the other judges4 
,in other cases1 it is differently      
constituted4 ,the orphans' court in each
 county is held by the chancellor and   
the associate judge residing in the     
county4 ,the register's court in each   
county is held by the register of the   

county4  ,judges of the courts are      
appointed by the governor during good   
behavior2 and they may be removed by him
 on the address of two-thirds of all the
 members of each branch of the general  
assembly4  ,in pursuance of the power   
vested in the legislature to establish  
inferior courts1 a court of common pleas
 is established in each county4         
,justices of the peace in each county   
are appointed by the governor for seven 
years1 and may be removed as the judges4
  ,the attorney-general1 registers1 and 
prothonotaries are appointed for five   
years1 removable in like manner4  ,the  
sheriff and the coroner of each county  
are elected by the citizens thereof2 but
 the legislature may vest their         
appointment in the governor4 ,the       
sheriff may not be chosen twice in any  
term of six years4  ,amendments are     
proposed by two-thirds of each house1   
with the approbation of the governor1   
and ratified by three-fourths of each   
branch of the next general assembly4    

,or1 a convention to amend may be called
 by the legislature1 in pursuance of the
 sense of the people expressed at a     
previous election4    ,maryland4   ,the 
constitution of this state adopted in   
#aggf1 continued until #ahea1 when the  
present one was adopted4  ,electors4    
,white male citizens1 having resided a  
year in the state1 and six months in the
 county4  ,executive4 ,the governor is  
elected for four years2 must be thirty  
years of age2 have been a citizen five  
years1 a resident of the state five     
years1 and for three years a resident of
 the district from which he is elected4 
,in case of vacancy1 the general        
assembly elects a resident of the same  
district for the residue of the term4   
,if the vacancy happens during the      
recess of the legislature1 the president
 of the senate serves until the next    
session4 ,no lieutenant-governor4  ,a   
secretary of state is appointed by the  
governor and senate during the official 
term of the governor4 ,a controller of  

the treasury is elected by the electors 
of the state for two years2 and a       
treasurer and a state librarian are     
chosen by the legislature on joint      
ballot at each session4  ,legislature4  
,a senate and a house of delegates1     
styled general assembly4 ,senators1 one 
from each county and the city of        
,baltimore1 are elected for four years1 
one-half every two years4 ,age1         
twenty-five years2 residence1 three     
years in the state1 one in the county4  
,delegates are eligible at twenty-one2  
otherwise qualified as senators2 elected
 for two years1 apportioned among the   
counties according to population2 the   
city of ,baltimore to have four more    
delegates than the most populous county1
 and no county to have less than two    
delegates2 the whole number not to be   
more than eighty1 nor less than         
sixty-five4  ,a majority constitutes a  
quorum4 ,bills must pass by majorities  
of all the members elected2 and when so 
passed and sealed with the great seal1  

the governor is required to sign them in
 the presence of the presiding officers 
and chief clerks of both houses4        
,judiciary4 ,a court of appeals1        
consisting of four judges1 one of whom  
is elected in each judicial district for
 ten years4 ,one is designated by the   
governor and senate as chief-justice4   
,they must be thirty years of age1 and  
have been citizens of the state five    
years4 ,they are disqualified at        
seventy4 ,there are eight judicial      
circuits1 in each of which1 except the  
fifth1 is elected a judge1 for ten      
years1 who holds circuit courts in the  
counties within his circuit4  ,there    
are1 in the city of ,baltimore1 courts  
peculiar to that city4  ,justices of the
 peace and constables1 are elected for  
two years in each ward of the city of   
,baltimore1 and in each election        
district in the several counties4  ,a   
sheriff and a state's attorney are      
elected in each county and the city of  
,baltimore1 the former for two1 and the 

latter for four years4 ,sheriffs are    
ineligible for the next two years4      
,amendments may be made only by a       
convention1 called by the legislature in
 pursuance of a vote of the people to be
 taken after each ,united ,states       
census4    ,virginia4   ,a constitution 
was adopted in #agaf2 another in #ahcj2 
the present in #ahea4  ,electors4 ,white
 male citizens1 having resided in the   
state two years1 and in the county1 city
 or town where they offer to vote1 one  
year4 ,votes are given openly1 or viva  
voce4 ,dumb persons only vote by ballot4
  ,legislature4 ,senate and house of    
delegates4 ,delegates1 one hundred and  
fifty-two in number1 are elected        
biennially1 and apportioned among the   
several counties and election districts 
according to population4 ,the senate    
consists of fifty members1 elected in   
single districts for four years1        
one-half every two years4               
,apportionments are made every ten      
years4 ,delegates are eligible at the   

age of twenty-one years2 senators at the
 age of twenty-five4  ,quorum1 a        
majority4 ,bills to become laws1 do not 
require the governor's approval4        
,executive4 ,the governor is elected for
 four years1 and is ineligible for the  
next term4 ,he must be thirty years of  
age1 a native citizen of the ,united    
,states1 and have been a citizen of the 
state five years4 ,a                    
lieutenant-governor4  ,a secretary of   
state1 a treasurer1 and an auditor of   
public accounts1 are elected for two    
years in joint assembly2 an attorney    
general is elected for four years by the
 people at every election for governor4 
,judiciary4 ,the state is divided into  
twenty-one judicial circuits1 ten       
districts1 and five sections1 in each of
 which division1 one judge is elected by
 the people2 the circuit judges for     
eight years1 the judges of the supreme  
court of appeals for twelve years4 ,a   
circuit judge holds circuit courts in   
the several counties composing his      

district4 ,the judges of the circuits   
constituting a section1 and the judge of
 the supreme court of appeals for that  
section1 hold district courts in such   
section4 ,the supreme court of appeals  
consists of the five judges elected in  
the sections1 and three of whom may hold
 a court4 ,judges may be removed by the 
legislature4  ,a county court is held   
monthly in each county1 by not less than
 three1 nor more than five justices of  
the peace1 except when the law requires 
a greater number4 ,each county is       
divided into districts1 in each of which
 four justices are elected for four     
years4 ,the justices so elected choose  
one of their own body as presiding      
justice of the county court4  ,in each  
county are elected1 a clerk of the      
county court and a surveyor1 for six    
years2 an attorney for four years2 a    
sheriff for two years3 and constables   
and overseers of the poor as may be     
prescribed by law4  ,amendments4 ,the   
constitution does not provide for its   

amendment4 ,the last two constitutions  
were framed by conventions authorized by
 acts of the legislature1 and ratified  
by the electors4    ,north ,carolina4   
,this state adopted a constitution in   
#aggf1 which was amended in #ahce4      
,legislature4 ,a senate and a house of  
commons1 called the general assembly4   
,the senate consists of fifty members1  
chosen biennially1 in single districts1 
which are laid off in proportion to the 
average amount of taxes paid by the     
citizens during the five years          
preceding4 ,senators must have resided  
within their respective districts a     
year1 and possess not less than three   
hundred acres of land4 ,the house of    
commons is composed of one hundred and  
twenty members1 chosen biennially1 and  
apportioned among the counties1         
according to population1 three-fifths of
 the slaves being added to the number of
 free persons4 ,they must have resided a
 year in the counties they represent1   
and possess one hundred and twenty acres

 of land4  ,bills passed by both houses 
become laws without being presented to  
the governor4  ,executive4 ,a governor  
is elected every two years1 and is      
eligible only four years in any term of 
six years4 ,he must be thirty years of  
age2 must have been a resident of the   
state five years1 and must have in the  
state a freehold of the value of        
,l#a1jjj4 ,no lieutenant-governor4      
,there is a council of seven persons to 
advise the governor2 a secretary of     
state1 and a treasurer1 all chosen by   
joint vote of the two houses at each    
session1 for two years2 and an          
attorney-general for four years1 unless 
for certain reasons the term shall be   
altered4  ,judiciary4 ,a supreme court1 
superior courts1 courts of admiralty1   
and justices' courts4 ,the judges are   
appointed by the general assembly1 and  
hold during good behavior4 ,justices of 
the peace1 within their respective      
counties1 are recommended to the        
governor by the representatives of the  

general assembly4 ,they are commissioned
 by the governor1 and hold during good  
behavior4  ,electors4 ,white freemen1   
inhabitants of the state one year1 who  
have paid taxes4 ,voters for senators   
are required also to own a freehold of  
fifty acres4  ,amendments4 ,a convention
 may be called by a majority of         
two-thirds of all the members of each   
house of the general assembly4 ,or1     
amendments may be proposed by majorities
 of three-fifths of all the members of  
both houses2 and they take effect when  
agreed to by two-thirds majorities of   
the whole representation in the next    
assembly1 and ratified by the qualified 
voters of the state4    ,south          
,carolina4   ,the first constitution of 
this state was formed in #agge2 the     
present in #agij4 ,its principal        
amendments were made in #ahjh4          
,legislature4 ,a senate and a house of  
representatives1 styled general         
assembly4 ,the house consists of one    
hundred and twenty-four members1 elected

 for two years in districts1 and        
apportioned according to the number of  
white inhabitants and the amount of     
taxes paid therein4 ,residence in the   
state three years3 and if a resident of 
the election district1 a freehold of    
five hundred acres of land and ten      
negroes1 or a real estate worth ,l#aej  
sterling1 clear of debt2 if a           
non-resident of the district1 a clear   
freehold of ,l#ejj sterling4 ,senators1 
forty-five1 elected by districts1 for   
four years1 one-half every two years2   
each district1 except one1 having one   
senator4 ,age1 thirty years1 state      
residence1 five years4 ,if a resident in
 the district1 a clear freehold of      
,l#cjj sterling2 if a non-resident1 a   
freehold in the district of ,l#a1jjj4   
,bills passed by both houses are laws   
without being presented to the governor4
  ,executive4 ,the governor and         
lieutenant-governor are chosen by the   
legislature for two years4 ,age1 thirty 
years3 state residence1 ten years2 a    

clear freehold in the state of ,l#a1ejj 
sterling4 ,a governor is ineligible for 
the next four years4  ,commissioners of 
the treasury1 secretary of state1 and   
surveyor-general1 are elected by joint  
ballot of both houses for four years1   
and ineligible for the next four years4 
,judiciary4 ,such superior and inferior 
courts of law and equity as the         
legislature may establish4 ,the judges  
are appointed by the legislature during 
good behavior4  ,electors4 ,white male  
citizens1 resident in the state two     
years1 and owning a freehold of #ej     
acres of land1 or a town lot1 which he  
has owned six months2 or1 not having    
such freehold1 or town lot1 resident in 
the election district six months1 and   
having paid a tax the preceding year of 
three shillings sterling4  ,amendments  
may be made by a convention called by   
two-thirds of all the members of both   
branches4 ,alterations may also be made 
by like majorities of two successive    
legislatures4    ,georgia4   ,the first 

constitution was formed in #aggg2 the   
second in #aghe2 the present in #agih1  
and amended in #ahci1 and #ahdd4        
,legislature4 ,senate and house1        
together styled general assembly4 ,the  
members of both houses are elected      
biennially4 ,representatives are        
apportioned among the counties according
 to population1 including three-fifths  
of the slaves4 ,age1 twenty-one years2  
citizenship1 seven years2 state         
residence1 three years2 county1 one     
year4 ,senators are elected in          
districts4 ,age1 twenty-five years2     
citizenship1 nine years2 state          
residence1 three years2 district1 one   
year4  ,bills are passed against the    
veto by two-thirds majorities4 ,bills   
not returned by the governor within five
 days are laws1 unless their return is  
prevented by adjournment4  ,executive4  
,the governor is elected for two years2 
must be thirty years of age2 have been a
 citizen of the ,united ,states twelve  
years1 of the state1 six years4 ,no     

lieutenant-governor4  ,secretary of     
state1 treasurer1 and surveyor-general1 
are elected for two years4  ,judiciary4 
,a supreme court for the correction of  
errors1 to consist of three judges      
chosen by the legislature for six years1
 one every two years2 a superior court1 
whose judges are elected in their       
several circuits for four years2        
inferior courts1 one in each county1    
consisting of five judges1 elected by   
the people2 courts held by justices of  
the peace elected for four years4       
,sheriffs are elected for two years1 but
 may not be twice elected in four years4
  ,electors1 white male citizens and    
inhabitants of the state1 having resided
 in the county six months1 and paid all 
the taxes required of them1 and which   
they had an opportunity of paying the   
preceding year4  ,amendments may be made
 by two successive legislatures1        
two-thirds of both houses concurring4   
,florida4   ,this state was admitted    
into the union with its present         

constitution1 by act of congress1 ,march
 #c1 #ahde4  ,executive4 ,the governor  
is elected for four years1 and is       
ineligible for the next term4 ,age1     
thirty years2 citizenship2 state        
residence five years4 ,no               
lieutenant-governor4  ,a secretary of   
state1 elected by the people for four   
years2 a treasurer and a controller of  
public accounts for two years4          
,legislature4 ,a senate and a house of  
representatives1 styled1 the general    
assembly4 ,representatives are          
apportioned among the counties according
 to the number of free whites and       
three-fifths of the slaves2 the number  
not to exceed sixty4 ,they are elected  
biennially4 ,age1 twenty-one2           
citizenship2 state residence1 two years2
 county1 one year4 ,senators are elected
 in districts1 at least one in each     
district1 for four years1 one-half every
 two years2 the number to be not less   
than one-fourth1 nor more than one-half 
of the number of representatives4 ,age1 

twenty-five years2 other qualifications 
the same as those of representatives4   
,bills become laws against the veto by  
majorities of all the members elected4  
,judiciary4 ,a supreme court1 courts of 
chancery1 circuit courts1 and justices  
of the peace4 ,the supreme court        
consists of three judges elected by the 
people for six years4 ,the state is     
divided into four circuits1 and a judge 
elected in each judicial circuit for six
 years1 who presides in the courts held 
in his circuit4 ,justices of the peace  
for each county are appointed or        
elected1 as the general assembly may    
direct4  ,an attorney-general is chosen 
by joint vote of the two houses1 for    
four years4  ,electors4 ,white male     
citizens1 residents of the state two    
years1 of the county1 six months2       
enrolled in the militia1 unless by law  
exempted from serving4 ,the general     
assembly is required to provide for     
registering the qualified electors of   
each county4  ,amendments4 ,a convention

 may be called by the general assembly1 
two-thirds of each house concurring4    
,alterations may be made by like        
majorities of two successive            
legislatures4    ,alabama4   ,this state
 was admitted into the union in #ahai1  
with its present constitution4          
,legislature--called the general        
assembly4 ,representatives are          
apportioned among the counties according
 to the free white population2 chosen   
biennially2 must be twenty-one years of 
age1 residents of the state two years1  
and of the county1 city or town they    
represent1 one year4 ,senators are      
chosen in single districts for four     
years1 one-half of them every two years2
 must be twenty-seven years of age2     
residence the same as representatives4  
,the number of representatives may not  
exceed one hundred2 the number of       
senators may not exceed thirty-three4   
,bills negotiated by the governor1 may  
be passed by majorities of all the      
members elected4 ,if not returned within

 five days1 vetoed bills become laws    
unless their return is prevented by     
adjournment4  ,electors4 ,white male    
citizens1 having resided in the state   
one year1 in the county1 city1 or town1 
three months4  ,executive4 ,the governor
 is elected for two years1 and eligible 
four years in any term of six years4 ,he
 must be thirty years of age1 a native  
citizen of the ,united ,states1 and have
 been a resident of the state four      
years4 ,no lieutenant-governor4  ,a     
secretary of state is chosen biennially1
 and a treasurer and a controller of    
public accounts are chosen annually1 by 
joint vote of both houses4  ,judiciary4 
,a supreme court2 circuit courts to be  
held in each county2 and inferior courts
 of law and equity1 to be established by
 the general assembly4 ,judges of the   
supreme court1 and chancellors are      
chosen by the legislature for six years2
 judges of the circuit and inferior     
courts by the people for the same term4 
,a competent number of justices of the  

peace1 and a sheriff1 are elected in    
each county4  ,an attorney-general for  
the state1 and the requisite number of  
solicitors are elected by joint vote of 
the general assembly1 for four years4   
,amendments are proposed by one         
legislature1 approved by the electors at
 the next election for representatives1 
and ratified by the next legislature2   
two-thirds majorities being required in 
both cases4    ,mississippi4   ,in      
#ahag1 this state was admitted into the 
union with a constitution adopted the   
same year4 ,the present constitution was
 formed in #ahcb4  ,electors4 ,white    
male citizens1 residents of the state   
one year1 of the county1 four months4   
,an elector who happens to be in any    
county1 city1 or town1 other than that  
of his residence1 or who may have       
removed to any such place within four   
months preceding an election1 may vote  
for such officers as he could have voted
 for in the county of his residence1 or 
from which he removed4  ,legislature4   

,representatives1 not less than         
thirty-six1 nor more than one hundred1  
are elected for two years in the several
 counties1 among which they are         
apportioned according to the number of  
white inhabitants4 ,they must have been 
residents of the state two years1 one of
 the county4 ,senators1 not less than   
one-fourth1 nor more than one-third of  
the number of representatives1 are      
elected by districts for four years4    
,age1 thirty years2 state residence1    
four years2 district one year4  ,bills  
are passed against the veto by          
two-thirds majorities4 ,bills must be   
returned within six days1 or they become
 laws1 unless their return is prevented 
by adjournment4  ,judiciary4 ,a high    
court of errors and appeals1 consisting 
of three judges1 one in each district1  
elected for six years2 a circuit court  
to be held in each county at least twice
 a year1 the judges to be elected in    
their respective judicial districts for 
four years2 a superior court of         

chancery1 the chancellor to be elected  
by the electors of the whole state for  
six years2 a court of probate in each   
county1 the judge to be elected for two 
years2 a competent number of justices of
 the peace and constables1 chosen in    
each county for two years4 ,other       
inferior courts may be established by   
the legislature4  ,an attorney-general  
is chosen by the electors of the state1 
and a competent number of               
district-attorneys in their respective  
districts4 ,a sheriff and one or more   
coroners are elected in each county for 
two years4  ,executive4 ,the governor is
 elected for two years2 must be thirty  
years of age2 have been a citizen twenty
 years1 a resident of the state five    
years2 and may not hold the office more 
than four years in six4 ,no             
lieutenant-governor4  ,a secretary of   
state1 a treasurer1 and an auditor of   
public accounts1 are elected for two    
years4  ,amendments are proposed by     
two-thirds of both branches of the      

legislature1 and ratified by the people 
at the next election4    ,louisiana4    
,this state was admitted into the union 
in #ahab1 with a constitution formed the
 same year4 ,in #ahde1 a second1 and in 
#aheb the present constitution was      
adopted4  ,legislature--styled general  
assembly4 ,representatives are          
apportioned among the several parishes1 
7corresponding to counties in other     
states17 and are elected for two years2 
the number not to exceed one hundred1   
nor to be less than seventy4 ,senators1 
in number thirty-two1 are apportioned   
among the districts according to        
population1 and are elected for four    
years1 one-half every two years4 ,every 
qualified elector is eligible to a seat 
in either house4  ,vetoed bills are     
passed by majorities of two-thirds of   
all the members4 ,they become laws if   
not returned within ten days1 unless    
their return is prevented by            
adjournment2 in which case they will    
become laws if not sent back within     

three days after the commencement of the
 next session4  ,executive4 ,the        
governor is elected for four years1 and 
is ineligible the next four4 ,age1      
twenty-eight years2 citizenship1 and    
residence in the state four years4 ,a   
lieutenant-governor4  ,a secretary of   
state and a treasurer are elected by the
 electors1 the former for four years1   
the latter for two years4  ,judiciary4  
,a supreme court and such inferior      
courts as the legislature may establish1
 and justices of the peace4 ,the supreme
 court is composed of a chief-justice   
and four associate justices2 the former 
elected by the electors of the state at 
large1 the latter in their respective   
districts4 ,they are elected for ten    
years1 one of the five every two years4 
,judges of the inferior courts are      
elected in their respective parishes or 
districts4 ,justices of the peace are   
elected for two years by the electors in
 each parish1 district1 or ward4  ,an   
attorney-general and a requisite number 

of district-attorneys1 are elected for  
four years2 the former by the electors  
of the whole state1 the latter in their 
respective districts4  ,a sheriff and a 
coroner are elected in each parish for  
two years4  ,electors4 ,white males1    
having been citizens two years1         
residents of the state one year1 and of 
the parish six months4 ,an elector      
removing from one parish to another1 may
 vote in the former until he shall have 
become a voter in the latter4           
,amendments are proposed by two-thirds  
of all the members of each house1 and   
ratified by a majority of the electors  
voting thereon at the next general      
election4    ,texas4   ,texas1 formerly 
a part of ,mexico1 declared itself      
independent in #ahce4 ,by a joint       
resolution of congress1 approved        
,december #bi1 #ahde1 this independent  
republic was admitted as a state into   
the union4  ,electors4 ,white male      
citizens who have resided in the state  
one year1 and the last six months in the

 district1 city1 or town in which they  
offer to vote4 ,if an elector happens to
 be in any other county within his      
district1 he may there vote for any     
district officer2 and he may vote any   
where in the state for state officers4  
,legislature4 ,representatives1 not less
 than forty-five1 nor more than ninety1 
are apportioned among the counties      
according to the free population1 and   
are elected for two years4 ,they must   
have been residents of the state two    
years1 of the county1 city1 or town they
 represent1 one year4 ,senators1 no less
 than nineteen1 nor more than           
thirty-three1 are elected in districts  
for four years1 one-half every two      
years2 must be thirty years of age2     
inhabitants of the state three years1 of
 the district one year4  ,bills         
negatived by the governor become laws   
when passed by two-thirds of both       
houses2 bills not returned within five  
days become laws4 ,two-thirds of each   
house constitutes a quorum4  ,judiciary4

 ,a supreme court1 district courts1 and 
such inferior courts as the legislature 
may establish4 ,the supreme court       
consists of a chief-justice and two     
associates1 and has appellate           
jurisdiction chiefly4 ,it holds sessions
 once a year in not more than three     
places in the state4 ,district courts   
are held by the judge of each judicial  
district at one place in each county at 
least twice a year4 ,the judges of both 
the supreme and district courts are     
elected by the people for six years4  ,a
 convenient number of justices of the   
peace1 one sheriff1 one coroner1 and a  
sufficient number of constables1 are    
elected in each county for two years4   
,the sheriff is eligible only four years
 in six4  ,executive4 ,the governor is  
elected for two years2 is eligible four 
years in every six4 ,age1 thirty years2 
state residence1 three years2 a citizen 
of the ,united ,states1 or a citizen of 
the state of ,texas at the time of the  
adoption of the constitution4 ,a        

lieutenant-governor4  ,a treasurer1 a   
controller of public accounts1 and an   
attorney-general are elected by the     
people for two years4 ,a secretary of   
state is appointed by the governor and  
senate1 to hold during the official term
 of the governor4  ,amendments are      
proposed by two-thirds majorities of the
 legislature1 approved by the electors1 
and ratified by majorities of two-thirds
 of the next legislature4    ,arkansas4 
,in #ahcf1 this state was admitted into 
the union with its present constitution1
 which was slightly amended in #ahde4   
,electors4 ,white male citizens1        
residents of the state six months1 and  
actual residents of the county4         
,legislature--styled general assembly4  
,representatives1 not more than one     
hundred1 nor less than fifty-four1 are  
apportioned among the counties according
 to the number of free white male       
inhabitants1 and are elected for two    
years4 ,age1 twenty-five years2         
residents of the counties they          

represent4 ,senators are chosen in      
single districts for four years1        
one-half every two years2 the number to 
be not less than seventeen1 nor more    
than thirty-three4 ,age1 thirty years1  
inhabitants of the state one year1 and  
actual residents of the district they   
represent4  ,general elections are viva 
voce1 until otherwise directed by law4  
,bills are passed against the veto by   
majorities of all the members4 ,bills   
not returned within three days become   
laws1 unless their return is prevented  
by adjournment4  ,executive4 ,the       
governor is elected for four years1 and 
is ineligble more than eight in twelve  
years4 ,age1 thirty years2 residence in 
the state four years4 ,no               
lieutenant-governor4  ,a secretary of   
state for four years1 and an auditor and
 a treasurer for two years1 are elected 
by a joint vote of both houses4         
,judiciary4 ,a supreme court1 circuit   
courts1 county courts1 and justices of  
the peace4 ,the supreme court is        

composed of three judges1 elected by the
 legislature for eight years2 one every 
four years1 one every six1 and one every
 eight years4 ,in each circuit a judge  
is elected by the legislature for four  
years4 ,there is in each county a county
 court held by justices of the peace4   
,justices are elected in the townships  
for two years4  ,an attorney of state is
 elected in each judicial district for  
two years4  ,a sheriff1 a coroner1 a    
treasurer and a county-surveyor1 are    
elected in each county for two years4   
,amendments may be made by two          
successive legislatures1 by two-thirds  
majorities4    ,missouri4   ,this state 
was admitted into the union in #ahba4   
,the present constitution was adopted in
 #ahbj1 and has been several times      
amended4  ,legislature--styled the      
general assembly4 ,representatives are  
apportioned among the counties on the   
basis of the white population1 and are  
elected for two years4 ,age1 twenty-four
 years2 state residence1 two years2     

county or district one year2 payment of 
state or county tax4 ,senators1 not to  
be less than twenty-five1 nor more than 
thirty-three1 are chosen in single      
districts for four years1 one-half every
 two years4 ,age1 thirty years2         
residence in the state1 four years2 in  
the district1 one year2 payment of a    
state or county tax4  ,sessions of the  
legislature are limited to sixty days4  
,bills vetoed by the governor must be   
passed by majorities of all the members 
to become laws4 ,bills not returned by  
the governor within four days become    
laws1 unless their return is prevented  
by adjournment4  ,electors4 ,white male 
citizens1 having resided in the state   
one year1 in the county or district     
three months4  ,executive4 ,the governor
 is elected for four years1 and is      
ineligible the next four2 must be thirty
 years of age2 have been a citizen of   
the ,united ,states ten years1 and of   
the state five years4 ,a                
lieutenant-governor4  ,a secretary of   

state1 an auditor of public accounts1 a 
treasurer1 an attorney-general1 and a   
register of lands1 are elected by the   
people for four years4  ,judiciary4 ,a  
supreme court1 circuit courts1 justices 
of the peace1 and such other tribunals  
as the general assembly shall establish4
 ,the three judges of the supreme court 
are elected by the electors of the state
 for six years4 ,a judge in each of the 
circuits is elected by the electors     
thereof for six years4 ,justices of the 
peace are elected in the townships4     
,amendments may be proposed every fourth
 year by a majority of the whole of each
 house2 and they take effect when       
ratified by the electors of the state4  
,tennessee4   ,this state was admitted  
into the union with its first           
constitution in #agif4 ,the present one 
was formed in #ahce4                    
,legislature--styled general assembly4  
,representatives are apportioned among  
the counties or districts according to  
the number of qualified voters in each1 

and are not to exceed seventy-five until
 the population of the state shall be   
#a1ejj1jjj1 and may never exceed        
ninety-nine4 ,they must be citizens of  
the state three years1 and residents of 
the county they represent one year4     
,senators are apportioned as            
representatives2 the number not to      
exceed one-third of the number of       
representatives2 must be thirty years of
 age2 in other respects qualified as    
representatives4 ,both are elected      
biennially4  ,bills passed by both      
houses are laws without having been     
presented to the governor4 ,quorum1     
two-thirds of each house4  ,executive4  
,the governor is elected for two years2 
and may not hold the office more than   
six in any term of eight years4 ,he must
 be thirty years of age1 and have been a
 citizen of the state seven years4 ,no  
lieutenant-governor4  ,a secretary of   
state for four years1 and a treasurer   
for two years1 are chosen by joint vote 
of the general assembly4  ,electors4    

,white males having been citizens of the
 county six months2 also male persons of
 color1 twenty-one years of age1 who are
 competent witnesses in a court of      
justice against a white man4            
,judiciary4 ,a supreme court1 such      
inferior courts as the legislature may  
establish1 and justices' courts4 ,the   
supreme court consists of three judges1 
one in each of the grand divisions of   
the state1 elected for twelve years4    
,judges of inferior courts are elected  
for eight years4 ,for the election of   
justices of the peace1 each county is   
divided into districts of convenient    
size1 in each of which are elected two  
justices and one constable4 ,a district 
containing a county town1 may elect     
three justices and two constables4      
,attorneys for the state are elected by 
joint assembly for six years4  ,in each 
county are elected one sheriff1 and one 
trustee for two years2 and one register 
for four years4 ,the justices of the    
peace of each county elect one coroner  

and one ranger for two years4           
,amendments are proposed by majorities  
of all the members elected1 approved by 
two-thirds of all the members of the    
next legislature1 and ratified by the   
people4    ,kentucky4   ,the first      
constitution of this state was adopted  
in #agij2 and the state was admitted    
with the same in #agib4 ,another was    
adopted in #agii2 and the present in    
#ahej4  ,legislature--styled general    
assembly4 ,the house of representatives 
consists of one hundred members1 elected
 for two years2 apportioned among the   
counties in proportion to the qualified 
voters4 ,age1 twenty-four years2 state  
residence1 two years2 county1 one year4 
,when a city or town has a sufficient   
number of voters1 it may elect one or   
more representatives4 ,senate1          
thirty-eight members1 one elected in    
each district for four years2 one-half  
every two years4 ,age1 thirty years2    
residence in the state six years1 in the
 district1 one year4  ,bills vetoed by  

the governor1 if again passed by        
majorities of all the members elected1  
are laws2 also if not returned by him   
within ten days1 unless the return is   
prevented by adjournment2 in which case 
they become laws1 unless sent back      
within three days after the commencement
 of the next session4  ,executive4 ,the 
governor is elected for four years1 and 
is ineligible the next four4 ,age1      
thirty-five years2 residence in the     
state six years4 ,a lieutenant-governor4
  ,a treasurer for two years2 and an    
auditor of public accounts1 a register  
of the land-office1 and an              
attorney-general for four years1 are    
chosen by the electors4  ,judiciary4 ,a 
supreme court1 styled court of appeals1 
consisting of four judges1 one to be    
elected in each district for eight      
years1 in such rotation that one may be 
elected every two years4 ,should the    
number be changed1 the principle of     
electing one every two years is to be   
preserved4 ,a circuit court to be held  

in each county by a district judge1 one 
to be elected in each of the twelve     
judicial districts1 for six years4 ,the 
number of districts may be increased1   
but may not exceed sixteen until the    
population shall exceed #a1ejj1jjj4 ,a  
county court in each county1 consisting 
of a presiding judge and two associates1
 elected for four years4 ,other inferior
 courts may be established by law4      
,justices of the peace in each county   
are elected in districts1 two in each   
district for four years1 and a constable
 for four years4 ,a state's attorney for
 each judicial district2 a sheriff in   
each county1 for two years1 and several 
other county officers4  ,electors4      
,white male citizens who have resided in
 the state two years2 in the county1    
town1 or city1 one year2 and in the     
precinct in which they offer to vote1   
sixty days4  ,amendments by conventions 
only are provided for4 ,no convention   
may be called by the legislature1 until 
a majority of all the voters of the     

state shall have voted at two successive
 elections in favor of calling a        
convention4    ,ohio4   ,the first      
constitution of this state was adopted  
in #ahjb1 preparatory to her admission  
into the union2 the present one1 in     
#ahea4  ,legislature--styled general    
assembly4 ,senators and representatives 
are elected biennially in their         
respective counties or districts1 in    
which they must have resided a year4    
,the ratio of representation in the     
house is ascertained by dividing the    
whole population of the state by the    
number one hundred2 the quotient being  
the ratio for the next ten years4 ,the  
ratio for a senator is ascertained by   
dividing the whole population by        
thirty-five4 ,senators are elected in   
districts4 ,the representation of       
fractions of population is provided for4
  ,bills are not submitted to the       
governor4 ,quorum1 not less than a      
majority4  ,executive4 ,a governor1 a   
lieutenant-governor1 a secretary of     

state1 a treasurer1 and an              
attorney-general1 are elected for two   
years2 and an auditor for four years4   
,judiciary4 ,a supreme court consisting 
of five judges chosen by the electors of
 the state at large for five years1 one1
 every year4 ,the number may be altered 
by law4 ,a district court in each of the
 nine common pleas districts1 composed  
of a supreme court judge and the judges 
of the court of common pleas of the     
respective districts1 and held in each  
county within a district1 or in at least
 three places in each district4 ,one or 
more of these judges hold a court of    
common pleas in every county in the     
district4 ,a county probate judge is    
elected for three years4  ,justices of  
the peace1 a competent number1 are      
elected in each township for three      
years4  ,a sheriff is elected in each   
county for two years1 but may hold only 
four years in any period of six years4  
,electors4 ,white male citizens who have
 resided in the state one year1 and in  

the county1 township1 or ward1 such time
 as the law shall prescribe4            
,amendments are proposed by three-fifths
 of all the members elected to each     
house1 and ratified by a majority of the
 voters who vote thereon at an election4
 ,or a majority of two-thirds of all the
 members of each house may submit to the
 electors the question of calling a     
convention2 and if a majority of the    
electors vote for a convention1 the     
legislature shall provide for calling   
the same4 ,every twentieth year1 the    
question of calling a convention is to  
be submitted to the electors4           
,indiana4   ,this state formed a        
constitution and was admitted into the  
union1 in #ahaf4 ,the present           
constitution was adopted in #ahea4      
,electors4 ,white male citizens1 having 
resided in the state six months4 ,also  
foreigners who have resided in the      
,united ,states one year1 in the state  
six months1 and have declared their     
intention to become citizens4           

,legislature--styled general assembly4  
,the number of senators may not exceed  
fifty2 the number of representatives may
 not exceed one hundred2 both to be     
chosen in their respective counties or  
districts1 senators for four years1     
one-half every two years2               
representatives for two years4 ,both are
 apportioned according to the number of 
white male inhabitants twenty-one years 
of age1 every six years4 ,they must have
 been citizens of the state two years2  
of the county or district1 one year4    
,senators must be twenty-five years of  
age4  ,quorum1 two-thirds4 ,bills must  
be finally passed by majorities of all  
the members elected4 ,the same          
majorities enact a bill disapproved by  
the governor4 ,if he does not return a  
bill within three days1 it is a law1    
unless its return is prevented by       
adjournment2 in which case it will be a 
law1 unless he shall1 within five days  
after the adjournment1 file the bill1   
with his objections1 in the office of   

the secretary of state1 who shall lay   
the same before the general assembly at 
the next session1 as if it had been     
returned by the governor4 ,bids may not 
be presented to the governor within two 
days previous to the adjournment4       
,executive4 ,the governor is elected for
 four years2 and is eligible only four  
years in eight4 ,age1 thirty years2     
citizenship1 five years2 state          
residence1 five years4 ,a               
lieutenant-governor4  ,a secretary of   
state1 an auditor1 and a treasurer1 are 
elected for two years1 and are eligible 
four years in six4  ,judiciary4 ,a      
supreme court1 circuit courts1 and such 
inferior courts as the general assembly 
may establish4 ,judges of the supreme   
court1 not less than three nor more than
 five1 one in each district1 are elected
 by the electors of the state at large1 
for six years4 ,circuit courts consist  
of a judge for each judicial circuit1   
chosen by the electors thereof1 for six 
years2 and a prosecuting attorney for   

the circuit1 for two years4 ,justices of
 the peace are elected for four years in
 the townships4  ,there are elected in  
each county1 a clerk of the circuit     
court1 an auditor1 a recorder1 a        
treasurer1 a sheriff1 a coroner1 and a  
surveyor2 the first three for four      
years2 the others for two years4 ,the   
sheriff and treasurer are eligible only 
four years in eight2 the first three    
eight years in twelve4  ,amendments must
 be agreed to by two successive         
legislatures1 a majority of all the     
members of each house concurring1 and   
ratified by the electors of the state4  
,illinois4   ,illinois was admitted into
 the union in #ahah4 ,the present       
constitution is dated ,august #ca1      
#ahdg4  ,legislature--styled general    
assembly4 ,representatives are elected  
for two years2 must be twenty-five years
 of age2 inhabitants of the state three 
years1 and of the county or district1   
one year2 and have paid a state or      
county tax4 ,the number is never to     

exceed one hundred4 ,the districts are  
not limited to a single representative4 
,the senate consists of twenty-five     
members1 elected in single districts1   
for four years1 one-half every two      
years2 must be thirty years of age2     
citizens of the ,united ,states2        
inhabitants of the state five years1 of 
the county or district1 one year2 and   
have paid a county or state tax4        
,apportionments of senators and         
representatives are made after each     
census1 taken in #ahee1 and every ten   
years thereafter4  ,quorum1 two-thirds4 
,bills passed against the veto by a     
majority of all the members elected to  
each house4 ,if not returned within ten 
days1 they are laws1 unless their return
 is prevented by adjournment2 in which  
case they must be returned on the first 
day of the next legislative session1 or 
they will be laws4  ,executive4 ,the    
governor is elected for four years1 and 
is eligible four years in eight4 ,age1  
thirty-five years2 citizenship1 fourteen

 years2 state residence1 ten years4 ,a  
lieutenant-governor4  ,a secretary of   
state and an auditor of public accounts 
are elected for four years1 and a       
treasurer for two years4  ,judiciary4 ,a
 supreme court of three judges1 one to  
be chosen in each of the three grand    
divisions1 for nine years1 one every    
three years2 the one oldest in          
commission to be chief-justice4 ,the    
legislature may provide for their       
election by the whole state4 ,circuit   
judges are elected for six years1 one in
 each of the nine judicial districts1   
the number of which may be increased1 if
 necessary4 ,a circuit court is to be   
held two or more terms annually in each 
county4 ,a judge of the county court is 
elected in each county for four years1  
and has also probate jurisdiction4      
,justices of the peace are elected in   
each county by districts for four years4
 ,inferior local courts may be          
established in the cities by the        
legislature4  ,a state's attorney is    

elected in each judicial circuit1 for   
four years2 or in each county1 if the   
legislature shall so direct4 ,in each   
county a clerk of the circuit court is  
elected for four years and a sheriff for
 two years1 who is eligible only once in
 four years2 a supreme court clerk by   
the electors of each grand division4    
,electors4 ,white male citizens having  
resided in the state one year4 ,a poll  
or capitation-tax of not less than fifty
 cents1 nor more than a dollar1 may1 in 
case of necessity1 be laid upon every   
voter under sixty years of age4         
,amendments must be proposed by         
two-thirds majorities of all the members
 of one legislature1 approved by        
majorities of all the members of the    
next legislature1 and ratified by the   
electors at the next general election4  
,or1 the legislature1 by two-thirds     
majorities of all the members1 may      
submit to the people the question of    
calling a convention2 and if a majority 
of the electors voting for              

representatives shall vote for a        
convention1 an act for calling one shall
 be passed4    ,michigan4   ,this state 
was admitted into the union in #ahcf4   
,the present constitution was adopted in
 #ahej4  ,legislature4 ,the senate has  
thirty-two members1 elected in single   
districts1 for two years4               
,representatives1 not less than         
sixty-four1 nor more than one hundred1  
are elected also in single districts1   
for two years4 ,an apportionment of     
members is made every ten years4 ,any   
qualified elector holding no other      
office1 is eligible to either house4    
,the final passage of bills requires a  
majority of all the members elected to  
each house4 ,majorities of two-thirds of
 all the members pass bills against the 
veto4 ,bills not returned within ten    
days1 are laws unless their return is   
prevented by adjournment4 ,bills passed 
within the last five days of a session1 
may be signed by the governor and filed 
by him in the office of the secretary of

 state within five days after the       
adjournment2 and the same become laws4  
,executive4 ,the governor is elected for
 two years2 must be thirty years of age2
 have been a citizen of the ,united     
,states five years1 and a resident of   
the state two years4 ,a                 
lieutenant-governor4  ,judiciary4 ,a    
supreme court1 circuit courts1 a probate
 court1 and justices of the peace4 ,for 
six years1 and until the legislature    
shall otherwise provide1 the circuit    
judges are to be judges of the supreme  
court4 ,after six years1 a supreme court
 may be organized1 consisting of a      
chief-justice and three associate       
justices1 chosen by the electors for    
eight years1 and so classed that only   
one of them shall go out of office at a 
time4 ,a circuit judge is elected in    
each of the eight judicial circuits for 
six years4 ,the number of circuits may  
be increased4 ,the probate judge of each
 county is elected for four years4      
,justices of the peace1 not exceeding   

four1 are elected in each township1 for 
four years4  ,electors4 ,white male     
citizens who have resided in the state  
three months1 and in the township or    
ward ten days2 also foreigners after a  
residence of two and a half years in the
 state1 and a declaration of their      
intention to become citizens2 and       
civilized males of ,indian descent4  ,a 
secretary of state1 a superintendent of 
public instruction1 a treasurer1 a      
commissioner of the land-office1 an     
auditor-general1 and attorney-general1  
are elected for two years4  ,in each    
county are elected a sheriff1 a county  
clerk1 a county treasurer1 a register of
 deeds1 and a prosecuting attorney1 all 
for two years4 ,the sheriff can hold    
only four years in six4 ,the board of   
supervisors may unite the offices of    
clerk and register in one office4       
,amendments are proposed by two-thirds  
of all the members of each branch1 and  
ratified by a majority of the electors  
voting thereon at the next general      

election4 ,every sixteenth year the     
question of a general revision of the   
constitution by a convention shall be   
submitted to the electors of the state4 
,wisconsin4   ,this state was admitted  
into the union by an act of congress1   
,may #bi1 #ahdh4  ,electors4 ,white male
 citizens1 or foreigners who have       
declared their intention to become      
citizens1 having resided in the state   
one year2 also civilized persons of     
,indian descent1 not members of any     
tribe4  ,legislature4 ,a senate and an  
assembly4 ,members of the assembly are  
elected annually2 the number not to be  
less than fifty-four1 nor greater than  
one hundred4 ,the number of senators may
 not be less than one-fourth1 nor       
greater than one-third of the number of 
members of assembly4 ,senators are      
chosen for two years1 half every year4  
,members of both houses are elected in  
single districts1 apportioned every five
 years2 and must have resided in the    
state a year1 and be qualified electors 

of the districts4  ,bills are passed    
over the veto by majorities of          
two-thirds4 ,quorum1 a majority4        
,executive4 ,the governor is elected for
 two years4 ,any citizen of the ,united 
,states and qualified elector of the    
state1 is eligible to the office of     
governor or lieutenant-governor4  ,a    
secretary of state1 a treasurer1 and an 
attorney-general1 are elected for two   
years4  ,sheriffs1 coroners1 registers  
of deeds1 and district-attorneys1 are   
elected in counties1 for two years4     
,sheriffs are ineligible for the next   
two years4  ,judiciary4 ,a supreme      
court1 circuit courts1 courts of        
probate1 and justices of the peace4     
,inferior courts1 with limited civil    
jurisdiction1 may be established by law 
in the several counties4 ,by the        
constitution1 the judges of the circuit 
courts were to be judges of the supreme 
court for five years1 and until the     
legislature should otherwise provide4 ,a
 separate supreme court may be          

organized1 to consist of a chief-justice
 and two associate justices elected by  
the electors of the state for six years2
 one only to be elected at a time4 ,the 
circuit judges also1 one in each        
judicial circuit1 are elected for six   
years4 ,the supreme court shall hold at 
least one term annually at the seat of  
government1 and at such other places as 
the legislature may provide4 ,a circuit 
court is to be held at least twice a    
year in each county4  ,a judge of       
probate is chosen in each county for two
 years2 but the office may be abolished1
 and probate powers conferred on        
inferior county courts4 ,justices of the
 peace are elected in the several towns1
 cities1 and villages1 for two years4   
,amendments are to be approved by a     
majority of the whole of each house of  
two successive legislatures1 and        
ratified by the people4 ,also the       
legislature may submit to the people the
 question of calling a convention to    
revise or change the constitution4      

,iowa4   ,the state of ,iowa was        
admitted into the union by an act of    
congress approved ,december #bh1 #ahdf4 
,electors4 ,white male citizens1        
resident in the state six months1 and in
 the county twenty days4  ,legislature4 
,the two houses are called the general  
assembly4 ,representatives are elected  
in their respective districts for two   
years2 their number to be not less than 
thirty-nine1 nor exceed seventy-two4    
,they must be inhabitants of the state  
one year1 and residents of the county or
 district thirty days4 ,senators1 in    
number not less than one-third1 nor more
 than one-half of the number of         
representatives1 are elected for four   
years1 one-half every two years4 ,age1  
twenty-four years2 otherwise qualified  
as representatives4  ,two-thirds        
majorities of the members present1 pass 
bills vetoed by the governor4 ,bills not
 returned within three days also become 
laws1 unless their return is prevented  
by adjournment4  ,executive4 ,the       

governor is elected for four years2 must
 have been a citizen of the ,united     
,states and a resident of the state1 two
 years2 and must be thirty years of age4
 ,no lieutenant-governor4 ,in case of   
vacancy in the office of governor1 the  
office devolves upon the secretary of   
state until the vacancy is filled4  ,a  
secretary of state1 an auditor of public
 accounts1 and a treasurer1 are elected 
for two years4  ,judiciary4 ,a supreme  
court1 district courts1 and such        
inferior courts as the legislature may  
establish4 ,the supreme court consists  
of a chief-justice and two associates1  
elected by joint vote of the two        
branches1 for six years4 ,it has        
appellate jurisdiction only in all cases
 of chancery1 and constitutes a court   
for the correction of errors at law4    
,each district court consists of a judge
 elected by the voters of the district1 
for five years1 at the township         
elections4 ,a prosecuting attorney and a
 clerk of the district court1 are       

elected in each county at the general   
election1 for two years4  ,amendments   
are provided for only by a convention4  
,the legislature may provide for a vote 
of the people1 and if a majority of the 
votes are in favor of a convention1 an  
election of delegates is to be held     
within six months4    ,california4      
,the constitution of this state was     
adopted ,november #ac1 #ahdi2 and the   
state was admitted by act of congress1  
,september #i1 #ahej4  ,electors4 ,white
 male citizens of the ,united ,states1  
and white male citizens of ,mexico      
having elected to become citizens of the
 ,united ,states under the treaty of    
peace1 who have resided in the state six
 months1 and in the county or district  
thirty days4  ,legislature4 ,senate and 
assembly4 ,members of assembly1 the     
number to be not less than thirty1 nor  
greater than eighty1 are chosen annually
 by districts4 ,senators1 not to be less
 than one-third nor more than one-half  
of the number of members of assembly1   

are elected by districts for two years1 
one-half every year4 ,members of both   
houses must have resided in the state   
two years1 and in their respective      
districts one year1 and be qualified    
voters4 ,they are apportioned every five
 years4  ,bills1 rejected by the        
governor1 must be passed by a majority  
of two-thirds of each house1 to become a
 law4 ,bills become laws if not returned
 by the governor within ten days1 unless
 the legislature shall sooner adjourn4  
,executive4 ,a governor and a           
lieutenant-governor are elected for two 
years4 ,age1 twenty-five years1 and two 
years' residence in the state4  ,a      
secretary of state1 a controller1 a     
treasurer1 an attorney-general1 and a   
surveyor-general1 are elected for two   
years1 by joint vote of the two houses4 
,judiciary4 ,a supreme court1 district  
courts1 county courts1 justices of the  
peace1 and such municipal and other     
inferior courts as the legislature may  
establish4 ,the supreme court consists  

of three judges elected by the electors 
of the state for six years1 one every   
two years2 the senior justice in        
commission to be chief-justice4         
,district judges are elected in their   
respective districts for six years4 ,a  
judge of the county court is elected in 
each county for four years1 and performs
 also the duties of judge of probate4   
,the number of justices of the peace    
elected in each county1 city1 town1 or  
village1 is fixed by law4  ,the election
 of sheriffs1 coroners1 county clerks   
and certain other officers1 is provided 
for by law4  ,amendments must be agreed 
to by majorities of all the members of  
the two houses of two successive        
legislatures1 and ratified by the       
people4 ,the legislature may1 by        
two-thirds majorities1 submit to the    
people the question of calling a        
convention for a general revision of the
 constitution4    ,minnesota4   ,this   
state was admitted into the union in    
#aheh4  ,electors4 ,white male citizens 

having resided in the ,united ,states   
one year1 and in the state four months4 
,also foreigners who have so resided1   
and declared their intention to become  
citizens2 and persons of mixed white and
 ,indian blood1 and of ,indian blood1   
under certain regulations4              
,legislature4 ,a senate and a house of  
representatives4 ,the first legislature 
consisted of thirty-seven senators and  
eighty representatives4  ,executive4 ,a 
governor and a lieutenant-governor are  
elected for two years4  ,a secretary of 
state1 a treasurer1 and an              
attorney-general1 are elected for two   
years1 and a state auditor for three    
years4  ,judiciary4 ,the judicial power 
is vested in a supreme court1 district  
courts1 courts of probate1 justices of  
the peace1 and such other courts        
inferior to the supreme court1 as the   
legislature may establish by a          
two-thirds vote4     ,constitution of   
the ,united ,states4   ,we1 the people  
of the ,united ,states1 in order to form

 a more perfect union1 establish        
justice1 insure domestic tranquillity1  
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     
,section4 ,all legislative powers herein
 granted shall be vested in a congress  
of the ,united ,states1 which shall     
consist of a senate and house of        
representatives4  ,sec4 #b4 ,the house  
of representatives shall be composed of 
members chosen every second year1 by the
 people of the several states2 and the  
electors in each state shall have the   
qualifications requiste for electors of 
the most numerous branch of the state   
legislature4  ,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      
,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 three2 ,massachusetts1 eight2    
,rhode ,island and ,providence          
,plantations1 one2 ,connecticut1 five2  

,new ,york1 six2 ,new ,jersey1 four2    
,pennsylvania1 eight2 ,delaware1 one2   
,maryland1 six2 ,virginia1 ten2 ,north  
,carolina1 five2 ,south ,carolina1 five2
 and ,georgia1 three4  ,when vacancies  
happen in the representation from any   
state1 the executive authority thereof  
shall issue writs of election to fill   
such vacancies4  ,the house of          
representatives shall choose their      
speaker and other officers1 and shall   
have the sole power of impeachment4     
,sec4 #c4 ,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       
,immediately after they shall be        
assembled in consequence of the first   
election1 they shall be divided 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 class
 at the expiration of the fourth year2  

and of the third class at the expiration
 of the sixth year2 so that one-third   
may be chosen every second year2 and if 
vacancies happen1 by resignation or     
otherwise1 during the recess of the     
legislature of any state1 the executive 
thereof may make temporary appointments1
 until the next meeting of the          
legislature1 which shall then fill such 
vacancies4  ,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  ,the vice-president of
 the ,united ,states shall be president 
of the senate1 but shall have no vote1  
unless they be equally divided4  ,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 senate shall have

 the sole power to try all impeachments3
 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  ,judgment1 in cases of
 impeachment1 shall not extend further  
than to removal from office1 and        
disqualification to hold and enjoy any  
office of honor1 trust1 or profit1 under
 the ,united ,states2 but the party     
convicted shall1 nevertheless1 be liable
 and subject to indictment1 trial1      
judgment and punishment1 according to   
law4  ,sec4 #d4 ,the times1 places and  
manner of holding elections for senators
 and representatives1 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      
places of choosing senators4  ,the      
congress shall assemble at least once in

 every year2 and such meeting shall be  
on the first ,monday in ,december1      
unless they shall1 by law1 appoint a    
different day4  ,sec4 #e4 ,each house   
shall be the judge of the elections1    
returns and qualifications of its own   
members2 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  ,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  ,each house shall keep a       
journal of its proceedings1 and from    
time to time publish the same1 excepting
 such parts as may1 in their judgment1  
require secrecy2 and the yeas and nays  
of the members of either house1 on any  
question1 shall at the desire of        
one-fifth of those present1 be entered  

on the journal4  ,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  ,sec4 #f4 ,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 shall1 in all cases1     
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  ,no senator or            
representative shall1 during the time   
for which he was elected1 be appointed  
to any civil office under the authority 
of the ,united ,states1 which shall have
 been created1 or the emoluments whereof
 shall have been increased during such  

time2 and no person holding any office  
under the ,united ,states1 shall be a   
member of either house during his       
continuance in office4  ,sec4 #g4 ,all  
bills for raising revenue shall         
originate in the house of               
representatives2 but the senate may     
propose1 or concur with1 amendments1 as 
on other bills4  ,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 approve1 he shall sign it2 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        
journal1 and proceed to reconsider it4  
,if after such reconsideration1         
two-thirds of that house shall agree to 
pass the bill1 it shall be sent1        
together with the objections1 to the    
other house1 by which it shall likewise 
be reconsidered1 and1 if approved by    

two-thirds of that house1 it shall      
become a law4 ,but1 in all such cases1  
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 congress1 by their       
adjournment1 prevent its return1 in     
which case it shall not be a law4       
,every order1 resolution1 or vote1 to   
which the concurrence of the senate and 
house of representatives may be         
necessary1 7except on a question of     
adjournment17 shall be presented to the 
president of the ,united ,states1 and   
before the same shall take effect1 shall
 be approved by him1 or1 being          
disapproved by him1 shall be repassed by
 two-thirds of the senate and house of  

representatives1 according to the rules 
and limitations prescribed in the case  
of a bill4  ,sec4 #h4 ,the congress     
shall have power3  ,to lay and collect  
taxes1 duties1 imposts1 and excises to  
pay the debts and provide for the common
 defense1 and general welfare of the    
,united ,states2 but all duties1        
imposts1 and excises shall be uniform   
throughout the ,united ,states3  ,to    
borrow money on the credit of the       
,united ,states3  ,to regulate commerce 
with foreign nations1 and among the     
several states1 and with the ,indian    
tribes3  ,to establish a uniform rule of
 naturalization1 and uniform laws on the
 subject of bankruptcies throughout the 
,united ,states3  ,to coin money2 to    
regulate the value thereof1 and of      
foreign coin2 and fix the standard of   
weights and measures3  ,to provide for  
the punishment of counterfeiting the    
securities and current coin of the      
,united ,states3  ,to establish post    
offices and post roads3  ,to promote the

 progress of science and useful arts1 by
 securing for limited times1 to authors 
and inventors1 the exclusive right to   
their respective writings and           
discoveries3  ,to constitute tribunals  
inferior to the supreme court3  ,to     
define and punish piracies and felonies 
committed on the high seas1 and offenses
 against the law of nations3  ,to       
declare war2 grant letters of marque and
 reprisal2 and make rules concerning    
captures on land and water3  ,to raise  
and support armies2 but no appropriation
 of money to that use shall be for a    
longer term than two years3  ,to provide
 and maintain a navy3  ,to make rules   
for the government and regulation of the
 land and naval forces3  ,to provide for
 calling forth the militia to execute   
the laws of the union1 suppress         
insurrections1 and repel invasions3  ,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  

,states2 reserving to the states        
respectively1 the appointment of the    
officers1 and the authority of training 
the militia1 according to the discipline
 prescribed by congress3  ,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 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-yards1 and other needful buildings3
 ,and1  ,to make all laws which shall be
 necessary and proper for carrying into 
execution the foregoing powers1 and all 
other powers vested by this constitution
 in the government of the ,united       
,states1 or in any department or officer
 thereof4  ,sec4 #i4 ,the migration or  
importation of such persons as any of   

the states now existing shall think     
proper to admit1 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 such person3  ,the privilege of the 
writ of habeas corpus shall not be      
suspended unless when1 in cases of      
rebellion or invasion1 the public safety
 may require it4  ,no bill of attainder 
or ex post facto law shall be passed4   
,no capitation or other direct tax shall
 be laid1 unless in proportion to the   
census or enumeration hereinbefore      
directed to be taken4  ,no tax or duty  
shall be laid on articles exported from 
any state4 ,no preference shall be      
given1 by any regulation of commerce or 
revenue1 to the ports of one state1 over
 those of another2 nor shall vessels    
bound to or from one state be obliged to
 enter1 clear1 or pay duties in another4
  ,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  ,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 whatever1 from any king1       
prince1 or foreign state4  ,sec4 #aj4   
,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        
contracts2 or grant any title of        
nobility4  ,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 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 state1 or with a foreign power1 
or engage in war unless actually        
invaded1 or in such imminent danger as  
will not admit of delay4   ,article     
,,ii4  ,section #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  ,each     
state shall appoint1 in such manner as  
the legislature thereof may direct1 a   
number of electors equal to the whole   

number of senators and representatives  
to which the state may be entitled in   
the congress2 but no senator or         
representative1 or person holding an    
office of trust or profit under the     
,united ,states1 shall be appointed an  
elector4  ,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 each1 which list they shall sign and
 certify1 and transmit1 sealed1 to the  
seat of the government of the ,united   
,states1 directed to the president of   
the senate4 ,the president of the senate
 shall1 in the presence of the senate   
and house of representatives1 open all  
the certificates1 and the votes shall   
then be counted4 ,the person having the 
greatest number of votes shall be 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 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 the states
 shall be necessary to a choice4 ,in    
every case1 after the choice of the     
president1 the person having the        
greatest number of votes of the         
electors1 shall be 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  ,by the #abth article  
of amendment1 the above clause has been 

repealed4  ,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  ,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  ,in case of the removal of the
 president from office1 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 inability1 both  
of the president and vice-president1    
declaring what officer shall then act as
 president2 and such officer shall act  

accordingly1 until the disability be    
removed1 or a president shall be        
elected4  ,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 shall have been     
elected2 and he shall not receive1      
within that period1 any other emolument 
from the ,united ,states1 or any of     
them4  ,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 ,states2 and  
will1 to the best of my ability1        
preserve1 protect1 and defend the       
constitution of the ,united ,states4    
,sec4 #b4 ,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       
offices2 and he shall have power to     
grant reprieves and pardons for offenses
 against the ,united ,states1 except in 
cases of impeachment4  ,he shall have   
power by and with the advice and consent
 of the senate1 to make treaties1       
provided two-thirds of the senators     
present concur3 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   
,states whose appointments are not      
herein otherwise provided for1 and which
 shall be established by law3 but the   
congress may1 by law1 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  ,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  ,sec4 #c4   
,he shall from time to time give to the 
congress information of the state of the
 union2 and recommend to their          
consideration such measures as he shall 
judge necessary and expedient4 ,he may1 
on extraordinary occasions1 convene both
 houses1 or either of them2 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 proper4 ,he shall receive   
ambassadors and other public ministers4 
,he shall take care that the laws be    
faithfully executed2 and shall          
commission all the officers of the      
,united ,states4  ,sec4 #d4 ,the        
president1 vice-president1 and all civil
 officers of the ,united ,states1 shall 
be removed from office on impeachment   
for1 and conviction of1 treason1        

bribery1 or other high crimes and       
misdemeanors4   ,article ,,iii4         
,section #a4 ,the judicial power of the 
,united ,states shall be vested in one  
supreme court1 and in such inferior     
courts as the congress may1 from time to
 time1 ordain and establish4 ,the judges
 both of the supreme and inferior       
courts1 shall hold their offices during 
good behavior2 and shall1 at stated     
times1 receive for their services a     
compensation which shall not be         
diminished during their continuance in  
office4  ,sec4 #b4 ,the judicial power  
shall extend to all cases in law and    
equity1 arising under this constitution1
 the laws of the ,united ,states and    
treaties made1 or which shall be made1  
under their authority2 to all cases     
affecting ambassadors1 other public     
ministers1 and consuls2 to all cases of 
admiralty and maritime jurisdiction2 to 
controversies to which the ,united      
,states shall be a party1 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 states2 and between 
a state1 or the citizens thereof2 and   
foreign states1 citizens or subjects4   
,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 regulations1 
as the congress shall make4  ,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  ,sec4 #c4 ,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 treason1 unless on
 the testimony of two witnesses to the  
same overt act1 or on confession in open
 court4  ,the congress shall have power 
to declare the punishment of treason2   
but no attainder of treason shall work  
corruption of blood1 or forfeiture1     
except during the life of the person    
attainted4   ,article ,,iv4  ,section   
#a4 ,full faith and credit shall be     
given1 in each state1 to the public     
acts1 records1 and judicial proceedings 
of every other state4 ,and the congress 
may1 by general laws1 prescribe the     
manner in which such acts1 records and  
proceedings shall be proved1 and the    
effect thereof4  ,sec4 #b4 ,the citizens
 of each state shall be entitled to all 
the privileges and immunities of        
citizens in the several states4  ,a     
person charged in any state with        

treason1 felony1 or other crime1 who    
shall flee from justice1 and be found in
 another state1 shall1 on demand of the 
executive authority of the state from   
which he fled1 be delivered up1 to be   
removed to the state having jurisdiction
 of the crime4  ,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 labor2 but shall be     
delivered up on claim of the party to   
whom such service or labor may be due4  
,sec4 #c4 ,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    
state1 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 concerned1 as
 well as of the congress4  ,the congress
 shall have power to dispose of1 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    
,sec4 #d4 ,the ,united ,states shall    
guaranty to every state in this union1 a
 republican form of government2 and     
shall protect each of them against      
invasion1 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 or on the application of  
the legislatures of two-thirds of the   
several states1 shall call a convention 
for proposing amendments2 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 congress3 ,provided1    
that no amendment which may be made     
prior to the year one thousand eight    
hundred and eight1 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  ,all   
debts contracted1 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  ,this constitution1 and 
the laws of the ,united ,states which   
shall be made in pursuance thereof1 and 
all treaties made or which shall be made
 under the authority of the ,united     
,states1 shall be the supreme law of the
 land1 and the judges in every state    
shall be bound thereby1 any thing in the

 constitution or laws of any state to   
the contrary notwithstanding4  ,the     
senators and representatives before     
mentioned1 and the members of the       
several legislatures1 and all executive 
and judicial officers1 both of the      
,united ,states1 and of the several     
states1 shall be bound1 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 states shall be 
sufficient for the establishment of this
 constitution between the states so     
ratifying the same4  ,done in           
convention1 by the unanimous consent of 
the states present1 the seventeenth day 
of ,september1 in the year of our ,lord 
one thousand seven hundred and          
eighty-seven1 and of the ,independence  
of the ,united ,states of ,america1 the 
twelfth4 ,in witness whereof we have    

hereunto subscribed our names4  ,george 
,washington1 ,president1 and ,deputy    
from ,virginia4  ,new ,hampshire4--,john
 ,langdon1 ,nicholas ,gilman4           
,massachusetts4--,nathaniel ,gorham1    
,rufus ,king4  ,connecticut4--,wm4      
,samuel ,johnson1 ,roger ,sherman4      
,new-,york4--,alexander ,hamilton4  ,new
 ,jersey4--,william ,livingston1 ,david 
,brearly1 ,william ,paterson1 ,jonathan 
,dayton4  ,pennsylvania4--,benjamin     
,franklin1 ,robert ,morris1 ,thomas     
,fitzsimmons1 ,james ,wilson1 ,thomas   
,mifflin1 ,george ,clymer1 ,jared       
,ingersoll1 ,gouverneur ,morris4        
,delaware4--,george ,read1 ,gunning     
,bedford1 ,jr41 ,john ,dickinson1       
,richard ,bassett1 ,jacob ,broom4       
,maryland4--,james ,m',henry1 ,daniel of
 ,st4 ,thomas ,jenifer1 ,daniel         
,carroll4  ,virginia4--,john ,blair1    
,james ,madison1 ,jr4  ,north           
,carolina4--,william ,blount1 ,richard  
,dobbs ,spaight1 ,hugh ,williamson4     
,south ,carolina4--,john ,rutledge1     

,charles ,pinckney1 ,pierce ,butler1    
,charles ,cotesworth ,pinckney4         
,georgia4--,william ,few1 ,abraham      
,baldwin4  ,attest3 ,william ,jackson1  
,secretary4   ,amendments4  ,article #a4
 ,congress shall make no law respecting 
an establishment of religion1 or        
prohibiting the free exercise thereof2  
or abridging the freedom of speech or of
 the press2 or the right of the people  
peaceably to assemble1 and to petition  
the government for a redress of         
grievances4  ,art4 ,,ii4 ,a well        
regulated militia being necessary to the
 security of a free state1 the right of 
the people to keep and bear arms shall  
not be infringed4  ,art4 ,,iii4 ,no     
soldier shall1 in time of peace1 be     
quartered in any house without the      
consent of the owner1 nor in a time of  
war1 but in a manner to be prescribed by
 law4  ,art4 ,,iv4 ,the right of the    
people to be secure in their persons1   
houses1 papers and effects1 against     
unreasonable searches and seizures1     

shall not be violated2 and no warrant   
shall issue1 but upon probable cause1   
supported by oath or affirmation1 and   
particularly describing the place to be 
searched1 and the person or things to be
 seized4  ,art4 ,v4 ,no person shall be 
held to answer for a capital or         
otherwise infamous crime1 unless on a   
presentment or indictment of a grand    
jury1 except in cases arising in the    
land or naval forces1 or in the militia 
when in actual service1 in time of war  
or public danger2 nor shall any person  
be subject1 for the same offense1 to be 
twice put in jeopardy of life or limb1  
nor shall be compelled1 in any criminal 
case1 to be a witness against himself2  
nor be deprived of life1 liberty or     
property1 without due process of law2   
nor shall private property be taken for 
public use1 without just compensation4  
,art4 ,,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 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  ,art4 ,,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  ,art4 ,,viii4 ,excessive bail     
shall not be required1 nor excessive    
fines imposed1 nor cruel and unusual    
punishments inflicted4  ,art4 ,,ix4 ,the
 enumeration in the constitution of     
certain rights1 shall not be construed  
to deny or disparage others retained by 
the people4  ,art4 ,x4 ,the powers not  

delegated to the ,united ,states1 by the
 constitution1 nor prohibited by it to  
the states1 are reserved to the states  
respectively1 or to the people4  ,art4  
,,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  ,art4   
,,xii4 ,the electors shall meet in their
 respective states and vote by ballot   
for president and vice-president1 one of
 whom1 at least1 shall not be an        
inhabitant of the same state with       
themselves2 they shall name in their    
ballots the person voted for as         
president1 and in distinct ballots the  
person voted for as vice-president1 and 
they shall make distinct lists of all   
persons voted for as president1 and of  
all persons voted for as vice-president1
 and of the number of votes for each1   
which lists they shall sign and certify1

 and transmit sealed to the seat of the 
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 president1 
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     
representatives 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 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     ,index    ,academies and   

colleges1 #hb ,accessories to crime1    
#bbj ,actions at law1 defined1 #fd      
how commenced1 #fd ,adjutant-general1   
#ib ,administrators1 duties of1 #agi    
,admission of states1 #aeh ,agent1      
responsibilities of1 #bjb-bjd ,alabama1 
constitution of1 #bei ,aldermen1 duties 
of1 #fj ,aliens1 power to pass laws for 
the naturalization of1 #aba1 #abb       
disabilities of1 #aba ,alliance1        
defined1 #ace ,alliances1 when binding1 
#bcj1 #bca            by states1        
prohibited1 #ace ,amendments of the     
constitution1 provision for1 #afj       
,appeals of suits1 #fh1 #fi ,appellant1 
appellee1 defined1 #fi ,apellate        
jurisdiction1 defined1 #gj ,appointment1
 power of1 7see ,governor and           
,president47 ,apprentices and servants1 
#age1 #agf ,aquatic rights1 #ahc1 #ahe  
,aristocracy1 defined1 #be ,arkansas1   
constitution of1 #bfd ,army1 standing1  
#adi ,arrest and examination of         
offenders1 #fi ,arsenals1 use of1 #ib   
,arson1 defined1 #bag ,assault and      

battery1 #bbj ,assessment and collection
 of taxes1 #gf-gh ,assessors1 duties of1
 #gg ,assignments1 #aig-aii ,assumption 
of public debt1 #afj ,attachment1 suit  
by1 #fh ,attainder of treason1 #aee     
,attorney1 defined1 #fe ,attorney1      
county or state's1 #ea1 #ef             
,attorney-general1 state1 #ea           
of ,united ,states1 #aea ,auditor of    
state1 #ea            county1 #fe       
,auxiliary executive departments1       
#adg-aea  ,bail1 defined1 how taken1    
#fi1 #gj       excessive1 forbidden1    
#afe ,bailment1 #bjj-bjb ,ballot1       
defined1 #cc ,bankruptcy1 power to pass 
laws of1 #abd ,banks1 and their         
operation1 #hf-hh ,belligerent1 defined 
#bbh ,betting and gaming1 #bba ,bigamy1 
defined1 #bai ,bill1 defined1 #de       
,bills1 passage of1 #de-dc ,bills of    
attainder1 by congress1 prohibited1 #acc
                     by states1         
prohibited1 #acg                     of 
credit1 defined1 #acf                   
passage of1 prohibited1 #acf            

of exchange1 #bac-bae ,blockade1        
defined1 #bcf ,body politic1 defined1   
#ai1 #ed ,bribery1 defined1 #bai ,broker
 and brokerage1 #bjd1 #bje ,bullion1    
defined1 #abe ,burglary1 defined1 #bah  
,cabinet1 defined1 #adg                 
officers of1 and their powers and       
duties1 #adg ,california1 constitution  
of #bgg ,canals1 construction of1 #hb-hd
         tolls on1 #hd ,canvassing of   
votes1 #cd ,capital1 defined1 #da1 #baf 
,capitation or poll-tax1 #gf1 #gg1 #acc 
,carriers of goods1 liability of1 #bja1 
#bjb ,causes1 criminal and civil1       
defined1 #fd ,casting vote1 when given1 
#df ,challenging voters1 #cc ,charges   
d'affaires1 #ade ,charter1 defined1 #ei 
,chattel mortgages1 #aii ,cities1       
villages1 c41 #ei-fb ,citizens1         
privileges of1 in the several states1   
#aeg ,civil government1 defined1 #ag    
mankind fitted for1 #ag ,civil society1 
#ag ,clearance of vessels1 #abj         
,codicil1 defined1 #agi ,coining money1 
power of1 #abd                by states1

 prohibited1 #acf ,collection of taxes1 
#gf-gh ,colony1 defined1 #ie ,colonies1 
government of1 #ie ,commerce1 foreign1  
regulation of1 #aad-aai ,commerce1      
domestic1 power of congress to regulate1
 #aba1 #abb           with ,indians1    
#abb ,commissary-general1 #ib           
,commissioners1 county1 duties of1 #ed  
,committees1 legislative1 #dd1 #de      
,common carriers1 responsibilities of1  
#bja1 #bjb ,common council1 #fj ,common 
law1 defined1 #afg ,commons1 house of1  
#bi ,common schools1 school funds1 c41  
#gi-hb ,commonwealth1 defined1 #bf      
,confederacy1 defined1 #aja             
,confederation1 when formed1 #ig        
nature of1 #ih1 #ii1 #aja1 #ajb         
,confiscate1 defined1 #bcj ,congress1   
under confederation1 how constituted1   
#ig1 #ajb ,congress under constitution1 
how constituted1 #ajd-aji ,congress1    
powers of1 7see ,powers of ,congress17  
,counterfeiting1 defined1 #bah          
,united ,states coin1 power to punish1  
#abe ,connecticut1 constitution of1 #bdd

 ,constables1 duties of1 #eh            
,constitution1 defined1 #bg             
objects of1 #bg               how       
formed1 #bg1 #bh               of       
,united ,states1 #bha                   
history of1 #ajj               nature   
of1 #aja-ajd               how amended1 
#afj               supremacy of1 #afa   
ratification of1 by the states1 #afb    
amendments to1 #afc-aff ,consuls1       
appointment of1 #add          duties of1
 #ade1 #bbg1 #bbh ,contraband goods1    
#bce1 #bcf ,contracts in general1       
#ahi-aic ,contracts of sale1 #aic-aig   
,contracts1 obligation of1 not to be    
impaired1 #acg ,controller1 or auditor1 
#ea ,convention1 defined1 #bh           
,conventional law of nations1 #bbd      
,copy-rights and patents1 power of      
congress concerning1 #abf1 #abg         
,coroners1 duties of1 #ee ,corporation1 
defined1 #ed ,corporations1 how formed1 
#ei               nature and powers of1 
#ei-fb ,corruption of blood1 #aee       
,council1 legislative1 #ch ,counties1   

origin of1 #ec1 #ed           powers of1
 #ed ,county officers duties of1 #ed-ff 
,county commissioners1 #ed ,courts1     
justices1 #fc-gj         county1 #gj    
common pleas1 #gj         circuit1 #gj1 
#ga         oyer and terminer1 #ga      
supreme1 #gc         of appeals1 #gc    
of chancery or equity1 #gc1 #gd         
of probate1 #gd         of impeachment1 
#ge1 #gf         of ,united ,states1    
#aea1 #aed         martial1 #ib ,crime1 
infamous1 defined1 #ca ,crimes and      
misdemeanors1 #baf-bba ,criminal suits1 
defined1 #fd ,customs1 duties1 c41      
defined1 #aac          collection of1   
#aai  ,debt1 national1 at different     
periods1 #aad ,declaration of war1 #bca 
,deeds and mortgages1 #aha-ahc          
,delaware1 constitution of1 #bej        
,delegate1 defined1 #bg ,democracy1     
defined1 #be1 #bf ,deposit fund1 ,u4,s41
 #hj ,deposits in banks1 #hg            
,depositary1 responsibility of1 #bjj    
,descent of property1 of intestates1    
#agi1 #ahj ,despotism1 defined1 #be     

,devise of property1 #agg ,diplomacy1   
defined1 #adh ,district of ,columbia1   
power of congress over1 #acj ,dividends1
 defined1 #hf ,domestic relations1 laws 
regulating1 #aga-agg ,dower1 defined1   
and right of1 #ahc ,drunkards1 contracts
 made by1 when binding1 #aia ,dueling1  
defined1 #bai ,duties1 imposts and      
excises1 defined1 #aac         power of 
congress to lay1 #aac         of        
tunnage1 states may not lay1 #abj       
protective1 by what authority laid1     
#aaf1 #aag  ,easement1 defined1 7see    
,right of ,way17 #ahc ,education1       
provision for1 c41 #gi ,elections1 time 
of1 how conducted1 c41 #cb-ce           
by plurality1 #cd-ce            by      
majority1 #cd-ce ,electors1             
qualifications of1 #bi-ca               
7,see also ,synopsis of the ,state      
,constitutions47 ,electors of president 
and vice-president1 how chosen1 #adj    
,embassadors1 ministers1 c1 #add1 #ade  
their appointment and duties1 #add1 #ade
 ,embassadors1 rights and powers of1    

#bbf1 #bbg ,embezzlement1 defined1 #bah 
,envoys1 7see ,embassadors47 ,escapes1  
persons aiding or permitting1           
punishable1 #bbj ,excise1 defined1 and  
power to lay1 #aab1 #aac ,execution1    
issuing and collection of1 in justices' 
courts1 #fg1 #fh            exemption   
from1 #fh ,executive department1 state1 
#cf1 #dh-ej           of the ,united    
,states1 #ach-adb           officers of1
 their appointment and duties1 #adg-aej 
,executors1 powers and duties of1 #agi  
,ex post facto laws1 passage of1        
prohibited1 #acc1acg  ,factor or agent1 
powers and responsibilities of1 #bjb1   
#bjc ,false imprisonment1 defined1 #bbj 
,federal1 defined1 #aja ,fence-viewers1 
duties of1 #eh ,fee and fee-simple1     
defined1 #ahb1 #ahf ,felony1 power of   
congress to define and punish1 #abh     
,florida1 constitution of1 #beh         
,forgery1 defined1 #bah ,franchise1     
defined1 #ca ,franking privilege1 to    
whom granted1 #aea ,fraudulent sales1   
assignments1 c41 #aig1 #bjj ,freedom of 

speech and of the press1 guarantied1    
#afc ,freehold1 freeholder1 defined1 #ca
 ,fugitives from justice1 provision for 
the apprehension of1 #aeg           from
 service1 apprehension and return of1   
#aeg1 #aeh ,fund1 defined1 #gi ,funds1  
various kinds of1 #gi-ha  ,georgia1     
constitution of1 #beg ,government1      
civil1 defined1 #ag                     
different forms of1 #bc-bf              
division of powers of1 #ce-cg ,governor 
and lieutenant-governor1 election and   
duties of1 #dh-ej ,graves1 opening of1  
punishable1 #bai ,great ,britain1       
government of1 #bh1 #bi ,habeas corpus1 
privilege of writ of1 guarantied1 #acb  
,hereditaments1 corporeal and           
incorporeal1 defined1 #ahc ,highways1   
supervision and oversight of1 #fh       
,homicide1 various kinds of1 defined1   
#bag ,husband and wife1 laws regulating 
the relation of1 #aga-agd  ,idiots and  
lunatics1 contracts by1 when binding1   
#aij ,illinois1 constitution of1 #bgb   
,impeachment1 trial of1 #ge ,imposts1   

duties1 and excises1 defined1 #aac      
,incest1 defined1 #bai ,incorporated    
companies1 #fa ,independence of the     
states declared1 #ig ,indiana1          
constitution of1 #bgj ,indians1 power to
 regulate commerce with1 #abb           
,indictments1 how made1 #gg ,innkeepers1
 liability of1 #bja ,insurance          
companies1 #hi1 #ij ,insurrection and   
rebellion1 defined1 #ij ,interest1 and  
rates of1 in the different states1 #bae 
,intestates1 descent of property of1    
#agi1 #ahj ,iowa1 constitution of1 #bgf 
,issue1 joining of1 in justices' courts1
 #fe ,issues of fact and of law1        
defined1 #ga  ,joining issue in         
justices' courts1 #fe ,judges1          
appointment of1 in the states1 #gj      
how removable1 #gf         7,see also   
,synopsis of the ,state ,constitutions47
         of the ,united ,states courts1 
appointment of1 #add1 #adf ,judgment1   
rendering of1 #fe           concession  
and collection of1 in justices' courts1 
#fg1 #fh ,judicial department1 state1   

#fc-gf                      of the      
,united ,states1 #aea-aed ,jurisdiction1
 defined1 #fd               original and
 appellate1 defined1 #gj ,juries in     
justices' courts1 #ff1 #fg        grand 
and petit1 #ga ,jury1 right of trial by1
 secured1 #ff1 #afd1 #afe ,justices'    
courts1 proceedings of1 #fd-gj ,justices
 of the peace1 jurisdiction of1 #fd     
,kentucky1 constitution of1 #bfh        
,larceny1 grand and petit1 defined1 #bah
 ,law1 defined1 #af      common and     
statute1 defined1 #afg ,laws necessity  
of1 #bb      man fitted for1 #ag        
political1 civil1 municipal1 defined1   
#ba1 #bb      manner of enacting1 #dc-dh
 ,laws of nations1 defined1 #bba1 #bbc1 
#bbd ,leases1 or estates for life1 for  
years1 at will1 and by sufferance1 rent1
 c41 #ahf-ahi ,legislatures1 state1 how 
formed1 #cg-dj               meetings   
of1 #dj-dc               organization   
and officers of1 #da-dc ,letters        
testamentary1 and by whom issued1 #agi  
of administration1 and by whom issued1  

#agi ,libel and slander1 law concerning1
 #afh1 #afi ,liberty1 defined1 #bj1 #afg
          of speech and of the press1   
secured1 #afc          of conscience1   
#ai1 #agj ,lien1 law concerning1 #bjc1  
#bje ,lieutenant-governor1 duties of1   
#di ,lords1 house of1 #bi ,louisiana1   
constitution of1 #bfb  ,maiming1        
defined1 #bag ,maine1 constitution of1  
#bci ,man1 fitted for government and    
laws1 #af1 #ag ,mandatary1              
responsibility of1 #bjj ,manifest1      
defined1 #aba ,mankind1 fitted for      
society1 #ae1 #ag ,manslaughter1        
defined1 #bag ,marque and reprisal1     
defined1 #abi                      power
 to issue letters of1 #abi              
states may not issue1 #acf ,marriage1   
law concerning1 #aga ,maryland1         
constitution of1 #beb ,massachusetts1   
constitution of1 #bdb ,masters1         
apprentices1 and servants1 #age-agg     
,mayor1 election and duties of1 #fj     
,michigan1 constitution of1 #bgc        
,militia1 regulation of1 #ij-ib         

,ministers1 public1 their appointment   
and duties1 #add1 #ade                  
privilege and powers of1 #ade1 #bbg     
,minors1 rights and liabilities of1 #age
 ,minnesota1 constitution of1 #bgh      
,mints of the ,united ,states1 #abe     
,misdemeanors1 defined1 #fd1 #bba       
,mississippi1 constitution of1 #bfj     
,missouri1 constitution of1 #bfe        
,monarchy1 defined1 #bd1 #be ,money1    
power of congress to borrow1 #aad       
power of congress to coin1 #abd         
coining of1 by states1 prohibited1 #acf 
how borrowed1 #hd ,moral1 defined1 #af  
law1 defined1 #ba ,mortgages1 land1     
nature of1 #ahb            chattel1 #aii
 ,murder1 defined1 #bag  ,nation and    
state1 defined1 #ag ,nations1           
jurisdiction of1 #bbe          rights   
and obligations of1 #bbf-bbh            
,naturalization1 power to pass laws     
concerning1 #abb1 #abc ,navigation1     
regulation of1 #aai-aba             acts
 of ,great ,britain1 #ii ,navy          
department1 when established1 #adh      

,negative1 or veto1 defined1 #dg        
,neutral nations1 rights and duties of1 
#bbh1 #bcd-bcg ,new ,hampshire1         
constitution of1 #bdj ,new ,jersey1     
constitution of1 #bdg ,new ,york1       
constitution of1 #bde ,new states1 power
 of congress to admit1 #aeh ,nonsuit1   
judgment of1 #ff ,north ,carolina1      
constitution of1 #bee ,notaries public1 
duties of1 #bad ,notes1 promissory1     
#bjg-bab  ,oaths of office1 #afa        
test1 forbidden1 #afa ,obligation of    
contracts1 may not be impaired1 #acg    
,obligations of nations1 #bbe           
,offenders1 arrest of and examination1  
#fi ,offenses against the law of        
nations1 power to define1 #abh ,ohio1   
constitution of1 #bfi ,overseers of     
highways1 duties of1 #eh           of   
poor1 duties of1 #eh  ,pardon and       
reprieve1 power of1 #di1 #adc ,parent   
and child1 law concerning1 #agd1 #age   
,parliament1 how formed1 #bi ,parol     
contracts1 defined1 #aij ,partnership1  
law concerning1 #bje1 #bjg ,passports1  

defined1 #abj1 #aba ,patents and        
copy-rights1 how secured1 #abf1 #abg    
,patriarch1 defined1 #bc ,pawnee1       
liability of1 #bja ,peace1 treaties of1 
#bcg1 #bch ,pennsylvania1 constitution  
of1 #bdh ,pensions1 military1 #adi      
,perjury1 defined1 #bai ,personal       
estate1 defined1 #gg ,piracies and      
felonies1 power of congress concerning1 
#abh ,pleadings1 in justices' courts1   
#fe ,police courts and justices1 #fj    
,policy1 insurance1 defined1 #hi        
,political law1 defined1 #ba1 #bg       
power1 by whom exercised1 #bi-ca ,poll1 
defined1 #cb1 #cc ,poll-list1 how and by
 whom kept1 #cb ,poll or capitation tax1
 #gf1 #gg1 #acc ,polygamy1 defined1 #bai
 ,poor1 overseers of1 their duties1 #eh 
,postmaster-general1 power and duties   
of1 #adi1 #aej ,postmasters1 appointment
 and duties of1 #adi1 #aej              
compensation of1 #adi1 #aej             
,post-offices and post roads1 power to  
establish1 #abf ,power of congress to   
lay and collect taxes1 c41 #aab-aad     

to borrow money1 #aad                   
to regulate commerce1 #aad-aai          
in relation to naturalization and       
bankruptcy1 #abb-abd                    
to coin money1 and regulate weights and 
measures1 #abd-abe                   to 
punish counterfeiting1 #abe             
to establish post-offices1 c41 #abf     
to secure patents and copy-rights1 #abf1
 #abg                   to define and   
punish piracies1 felonies1 c41 #abh     
to declare war1 #abh                    
to issue letters of marque and reprisal1
 #abi                   to provide for  
the national defense1 generally1        
#abi1acj                   to legislate 
over the ,district of ,columbia1 #acj   
to make all necessary and proper laws1  
#acj1 #aca ,power of congress to declare
 punishment of treason1 #aee            
to admit new states1 #aeh               
to dispose of and regulate territory and
 other public property1 #aei ,powers    
prohibited to congress1 7see            
prohibitions on congress47 ,premium1    

defined1 #hi ,prescription1 right by1   
#ahc1 #ahd ,president and               
vice-president1 how chosen1 #aci-ada    
,president1 powers and duties of1       
#adc-adg            vacancy in office1  
how filled1 #adb            power of1 to
 fill vacancies1 #adf ,principal and    
agent1 responsibility of1 #bjb1 #bje    
,printing1 public1 by whom and how done1
 #eb ,privateering1 in what cases       
authorized1 #bcc1 #bcd ,prizes in war1  
how disposed of1 #bcd ,prohibition on   
congress--             to abolish the   
slave trade1 #aca1 #acb             to  
suspend habeas corpus1 #acb1 #acc       
to pass bills of attainder1 #acc        
to pass ex post facto laws1 #acc        
in relation to taxation and commerce1   
#acc1 #acd             to grant titles  
of nobility1 #ace ,prohibition on the   
states--             to form treaties1  
alliances1 c41 #ace             to grant
 letters of marque and reprisal1 #acf   
to coin money1 #acf             to emit 
bills of credit1 #acf             to    

make anything but coin a tender1 #acf   
to impair the obligation of contracts1  
#acg             to pass bills of       
attainder or ex post facto laws1 #acg   
to grant titles of nobility1 #acg       
to lay duties1 #acg1 #ach ,promissory   
notes1 rules concerning1 #bjg-bab       
,protective duties1 nature of described1
 #aaf1 #aag  ,quarantine regulations1   
#aba ,quorum1 defined1 #db  ,rail-roads1
 by what authority and how made1 #hd1   
#he ,ratification of constitution by    
states1 #afb              of treaties1  
#add ,ratio of representation in        
congress1 how ascertained1 c41 #aje1    
#ajf ,real estate1 defined1 #gg         
of intestates1 descent of1 #agi1 #ahj   
,rebellion1 defined1 #ij1 #ia           
,recognizance1 defined1 #fi ,recorder or
 register1 county1 duties of1 #ee       
,records1 public1 proving and effect of1
 #aef1 #aeg ,registry of vessels1 #abj  
,religion1 freedom in matters of1       
secured1 #afc ,representative1 defined1 
#bg1 #bh ,representatives1 state1 how   

apportioned and elected1 #cg-ci         
qualifications of1 #dj ,representatives 
in congress1 how apportioned1 #aje      
qualifications of1 #ajd1 #aje ,reprieve 
and pardon1 defined1 and power to grant1
 #di1 #adc ,reprisals1 power to make1   
forbidden to states1 #acf ,reprisals in 
war1 #bbi1 #bcj ,republic1 defined1 #bf 
,republican government1 guarantied to   
the states1 #aei ,respondent1 defined1  
#fi ,revenue1 defined1 #hj              
national1 how raised1 #aab-aad          
,revolution1 causes of1 #id-ig ,rhode   
,island1 constitution of1 #bdc ,rights  
and liberty1 defined1 #ah-bj ,rights of 
person and property1 defined1 #ah1 #ai1 
#afg ,right of property1 how acquired1  
#af1 #agg ,right by prescription1       
#ahd-ahf ,right of way1 law concerning1 
#ahc1 #ahd ,right of waters1 #ahc1 #ahe 
,right of search1 #bcf ,riot1 defined1  
and how suppressed1 #bbj ,roads1 7see   
,highways47 ,robbery1 defined1 #bah     
,school funds1 schools1 c41 #gi-hb      
,sealer of weights and measures1 duty   

of1 #ei ,secretary of state1 of state   
government1 #ej ,secretary of state of  
the ,united ,states1 duties of1 #adh    
of the treasury1 #adh           of the  
interior1 #adi           of war1 #adi   
of the navy1 #adi ,selectmen1 duties of1
 #eg ,senate1 state1 how constituted1   
#ch-dj ,senators and representatives1   
qualifications of1 #dj          7,see   
,state ,constitutions47 ,senate of the  
,united ,states1 how formed1 #ajh1 #aji 
qualifications of members of1 #aaa      
vacancies in1 how filled1 #aaj1 #aaa    
,sergeant-at-arms1 appointment and      
duties of1 #db ,servants1 rights and    
liabilities of1 #agf1 #agg ,sheriff and 
shire1 origin of1 #ec1 #ed              
powers and duties of1 #ee ,slander and  
libel1 law concerning1 #afh1 #afi ,slave
 trade1 not to be prohibited before     
#ahjh1 #aca1 #acb              declared 
piracy1 #acb ,society1 civil1 defined1  
#ag          mankind fitted for1 #ae-ag 
,south ,carolina1 constitution of1 #bef 
,sovereignty1 defined1 #bd ,speaker of  

house and senate1 #da ,specialty1       
defined1 #bhc ,spies in war1 #bcc ,state
 and nation1 defined1 #ag ,state        
constitutions1 synopsis of1 #bci-bhj    
,state officers1 executive1 #ej-eb      
,state records1 effect and proof of1    
#aef1 #aeg ,state printer1 appointment  
and business of1 #eb ,statute law1      
defined1 #afg ,stocks1 public1 defined1 
#hd ,stratagems in war1 #bcc ,subpoena1 
nature and service of1 #fe ,summons1    
suits commenced by1 #fd-ff              
,superintendent of schools1 duties of1  
#eb1 #ha ,supervisors1 board of1 of whom
 composed1 #ed              of towns1   
duties of1 #ed1 #eg              of     
highways1 duties of1 #eh ,surveyor of   
county1 #ef ,surveyor-general1 duties   
of1 #eb ,swearing1 profane1 unlawful1   
#bba ,synopsis of the state             
constitutions1 #bci-bhj  ,taxation1     
power of congress in relation to1       
#aab-aad ,taxes1 assessment and         
collection of1 #gf-gh        how        
apportioned among the states1 #ajf-ajg  

,tender1 what lawful1 #acf ,tennessee1  
constitution of1 #bff ,testament1 7see  
,wills and ,testaments47 ,texas1        
constitution of1 #bfc ,theocracy1       
defined1 and government of1 #bd ,town   
clerk1 duties of1 #eg ,town officers1   
election and duties of1 #ef-ei ,towns   
and townships1 organization and powers  
of1 #ec1 #ef ,treason against states1   
defined1 #bag         power of congress 
concerning1 #aee1 #aef         attainder
 of1 #aee ,treasurer1 of state1 duties  
of1 #ea            of county1 #ed1 #ee  
of towns1 #eh ,treaties1 how and by whom
 made1 #bdd           by states         
prohibited1 #ace           of peace1    
#bcg1 #bch ,treaty1 defined1 #add       
,truces in war1 #bcg ,trustees of       
townships1 power and duties of1 #eg     
,tunnage1 duties1 states prohibited to  
lay1 #aai1 #abj  ,union1 nature of the1 
#aja-ajd ,usury1 defined1 and forfeiture
 in case of1 #bae  ,vacancy1 in         
legislature1 how filled1 #dj          in
 ,united ,states senate1 how filled1    

#aaj1 #aaa ,venire issuing of1 #fg      
,verdict1 defined1 and how rendered1 #fg
 ,vermont1 constitution of1 #bda        
,vessels1 registry1 and measurement of1 
#abj ,veto1 defined1 #dg ,veto1 in      
different states1 7see ,state           
,constitutions47 ,villages1             
incorporation and government of1 #fa    
,virginia1 constitution of1 #bec ,viva  
voce1 voting by1 #cd ,voters1           
qualifications of1 in different states1 
7see ,state ,constitutions47  ,war1     
power of congress to declare1 #abh      
offensive and defensive1 #bbh1 #bca     
causes and objects of1 #bbh1 #bbi       
reprisals in1 #bbi1 #bcj      alliances 
in1 #bcj1 #bca      how declared1 #bca  
effect of1 on the enemy's subjects1 #bcb
      stratagems in1 #bcc               
privateering and prizes1 #bcc1 #bcd     
truces in1 #bcg ,warrant1 prosecution   
by1 #fi ,weights and measures1 #ei1 #abe
 ,wills and testaments1 #agg1 #agi      
,wisconsin1 constitution of1 #bge       
,questions    ,chapter ,i4   ,sec4#a4   

,what is the natural state of mankind8  
,sec4#b4 ,what renders them mutually    
dependent8 ,by what means are they      
enabled to supply their wants8  ,sec4#c4
 ,why should every man labor for        
himself8  ,sec4#d4 ,what comes from this
 arrangement8  ,sec4#e4 ,how are the    
rights of men secured to them8  ,sec4#f4
 ,what is law8  ,sec4#g4 ,for what else 
than society are mankind fitted by      
nature8 ,define moral4  ,sec4#h4 ,what  
is implied in man's having a moral      
nature8  ,sec4#i4 ,what qualities or    
faculties in mankind fit them for       
government and law8  ,sec4#aj4 ,what is 
a state or nation8  ,sec4#aa4 ,what is  
the object of forming state             
associations8 ,what is meant by civil   
government8    ,chapter ,,ii4   ,sec4#b4
 ,define the word right4 ,may we do     
whatever we please8  ,sec4#c4 ,why are  
rights called natural8 ,why inalienable8
 ,how may they be lost8  ,sec4#d4 ,what 
are personal rights8 ,define rights of  
person and right of property4 ,state the

 distinction between personal rights and
 the rights of person4  ,sec4#e4 ,define
 political rights4 ,what particular     
rights are political8  ,sec4#f4 ,what   
are civil rights8  ,sec4#g4 ,religious  
rights8 ,what else are they called8     
,sec4#h4 ,under what general term are   
the different rights embraced8  ,sec4#i4
 ,what is liberty8 ,political1 civil1   
and religious liberty8  ,sec4#aj4 ,what 
is the difference between right and     
liberty8  ,sec4#aa4 ,what does this     
example further explain8    ,chapter    
,,iii4   ,sec4#a4 ,define law4 ,by what 
names are laws distinguished8  ,sec4#b4 
,define the law of nature4  ,sec4#c4    
,from what does the law of nature arise8
  ,sec4#d4 ,what is meant by the moral  
law8  ,sec4#e4 ,define political law4   
,sec4#f4 ,define municipal4 ,how are    
municipal or civil laws distinguished   
from political8  ,sec4#g4 ,ought the    
divine law in all cases to be obeyed8   
,sec4#h4 ,why then are human laws       
necessary8  ,sec4#i4 ,can you give any  

other reason8  ,sec4#aj4 ,what measure  
of love is due to the ,creator and our  
fellow men respectively8  ,sec4#aa4     
,what are the characteristics of this   
law of love8    ,chapter ,,iv4          
,sec4#a4 ,what were the earliest        
governments8 ,define patriarch4         
,sec4#b4 ,what was the government of the
 ,hebrews called8 ,define theocracy4    
,sec4#c4 ,what is sovereign or supreme  
power8  ,sec4#d4 ,what is a monarchy8   
,an absolute monarchy8 ,a limited       
monarchy8  ,sec4#e4 ,a hereditary       
monarchy8 ,an elective monarchy8        
,sec4#f4 ,a despotism8 ,define despot   
and tyrant4  ,sec4#g4 ,what is an       
aristocracy8 ,define the word  ,sec4#h4 
,what is a democracy8 ,define the word4 
,sec4#i4 ,what is a republic8 ,wherein  
do a democracy and a republic differ8   
,sec4#aj4 ,what is a commonwealth8      
,chapter ,v4   ,sec4#a4 ,what is the    
object of civil government8 ,how is this
 object best secured8  ,sec4#b4 ,what is
 a constitution8 ,by what name is it    

called8  ,sec4#c4 ,what is it's nature8 
,sec4#d4 ,by what authority is a        
constitution made8  ,sec4#e4 ,by whom is
 a constitution formed8 ,what is the    
assembly called8  ,sec4#f4 ,how is a    
constitution adopted8  ,sec4#g4 ,how are
 the rights of the people secured by a  
constitution8  ,sec4#h4 ,what is the    
condition of the people in an absolute  
monarchy8  ,sec4#i4 ,describe briefly   
the government of ,great ,britain4 ,what
 political rights have the people8      
,sec4#aj4 ,of what does the constitution
 of ,great ,britain consist8    ,chapter
 ,,vi4   ,sec4#a4 ,by what are the      
qualifications of voters prescribed8    
,sec4#b4 ,who are freemen8  ,sec4#c4    
,why should none but freemen vote8      
,sec4#d4 ,why is a term of residence    
required8  ,sec4#e4 ,why are not aliens 
immediately allowed to vote8  ,sec4#f4  
,in what state do colored men vote8     
,sec4#g4 ,how are electors sometimes    
disfranchised8 ,what is an infamous     
crime8  ,sec4#h4 ,what is said of       

property as a qualification8    ,chapter
 ,,vii4   ,sec4#a4 ,for what purpose is 
the territory of a state divided8       
,sec4#b4 ,what are the territorial      
divisions of a state called8  ,sec4#c4  
,when are state elections generally     
held8  ,sec4#d4 ,by whom are elections  
conducted8 ,define poll4  ,sec4#e4      
,describe the manner of voting4 ,define 
ballot4  ,sec4#f4 ,who may challenge    
voters8  ,sec4#g4 ,how and why are      
voters registered8 ,are they registered 
in this state8  ,sec4#h4 ,how is it     
determined what persons are elected8    
,sec4#aj4 ,what is viva voce voting8    
,sec4#aa4 ,what is an election by       
plurality8 ,by majority8  ,sec4#ab4     
,what objections are there to either of 
these models8    ,chapter ,,viii4       
,sec4#a1 #b4 ,what division of power is 
first mentioned8 ,give the distinction  
between the political and civil powers4 
,sec4#c4 ,what is said of political     
power in absolute and mixed governments8
  ,sec4#d4 ,how is the civil power      

divided8 ,what is the business of the   
legislature8 ,how is a legislature      
constituted8  ,sec4#e4 ,what is the     
executive department8 ,in whom is the   
power vested8  ,sec4#f4 ,what is the    
business of the judicial department8 ,of
 what does it consist8  ,sec4#g4 ,can   
you give any reasons for this division  
of the civil power8  ,sec4#h4 ,how is   
the legislative power divided8          
,chapter ,,ix4   ,sec4#a4 ,of what      
branches is a legislature composed8     
,sec4#b4 ,why is only one called house  
of representatives8  ,sec4#c4 ,for how  
long terms are senators chosen8 ,how    
long in this state8  ,sec4#d4 ,why is   
the senate called upper house8  ,sec4#e4
 ,how are senators apportioned8 ,how in 
this state8  ,sec4#f4 ,how are          
representatives apportioned8 ,for what  
terms elected8 ,how apportioned1 and for
 what term elected in this state8       
,sec4#g4 ,what is the general object of 
apportionment8  ,sec4#h4 ,how in an     
equal representation provided for8      

,sec4#i4 ,how often are enumerations    
made8 ,how often in this state8 ,define 
census8  ,sec4#aj4 ,what are the        
qualifications of senators and          
representatives in this state8          
,sec4#aa4 ,how are vacancies filled in  
the senate8    ,chapter ,x4   ,sec4#a4  
,how often do legislatures meet8 ,how   
often in this state8 ,what is meant by  
session8  ,sec4#b4 ,where do            
legislatures meet8 ,what is the place   
called8  ,sec4#c4 ,to what are members  
bound by their oath of office8  ,sec4#d4
 ,how are the houses organized8 ,what   
are the presiding officers called8      
,sec4#e4 ,what are their general duties8
  ,sec4#f4 ,what other officers are     
chosen8 and what are their duties8      
,sec4#g4 ,define quorum4 ,what number is
 a quorum in this state8  ,sec4#h4 ,are 
the proceedings ever secret8  ,sec4#i4  
,what provision is made to prevent      
interruption8    ,chapter ,,xi4         
,sec4#a4 ,when is the governor's message
 communicated8 ,what does it contain8   

,sec4#b4 ,in what other way are measures
 introduced8  ,sec4#c4 ,what is done to 
expedite business8 ,how are committees  
appointed8 and what do they do8         
,sec4#e4 ,name some of the committees4  
,sec4#f4 ,what are standing committees8 
,select committees8  ,sec4#g4 ,how do   
committees discharge their duties8      
,sec4#h4 ,wherein does the utility of   
committees appear8  ,sec4#i4 ,what is a 
bill8  ,sec4#aj4 ,by whom1 and how1 are 
bills introduced8  ,sec4#aa4 ,how often 
must a bill be read8 ,when is it        
amended8  ,sec4#ab4 ,after the second   
reading and amendment1 what follows8    
,sec4#ac4 ,describe the proceedings on  
the final passage of a bill4  ,sec4#ad4 
,how is it acted on in the other house8 
,sec4#ae4 ,why is a legislature divided 
into two branches8  ,sec4#af4 ,why are  
bills submitted to the governor for his 
approval8 ,define veto4  ,sec4#ag4 ,what
 if a governor refuses to sign a bill8  
,are bills presented to the governor in 
this state8 ,if so1 and he disapproves  

them1 by what majorities must they be   
again passed8 ,within how many days is  
he to return bills in this state8       
,chapter ,,xii4   ,sec4#a4 ,for what    
terms are governors chosen8 ,for what   
term in this state8  ,sec4#b4 ,what are 
the qualifications for governor in this 
state8  ,sec4#c4 ,what are his general  
powers and duties8  ,sec4#d4 ,in what   
cases has he power to grant reprieves   
and pardons8 ,define these words4 ,what 
is commute8  ,sec4#e4 ,are any officers 
in this state appointed by the governor8
 ,is there a council8  ,sec4#f4 ,what   
are the duties of a lieutenant-governor8
 ,is there one in this state8  ,sec4#g4 
,when he acts as governor1 who takes the
 chair of the senate8    ,chapter       
,,xiii4   ,sec4#a4 ,what assistant      
executive officers are there in this    
state8 ,are they appointed or elected8  
,sec4#b4 ,what are the duties of the    
secretary of state8  ,sec4#c4 ,of an    
auditor or controller8  ,sec4#d4 ,of a  
treasurer8  ,sec4#e4 ,of what officers  

are sureties required8  ,sec4#f4 ,what  
are the duties of an attorney-general8  
,is there one in this state8  ,sec4#g4  
,the duties of surveyor-general8 ,is    
there one in this state8  ,sec4#h4 ,a   
superintendent of schools8  ,sec4#i4    
,what is the business of state printer8 
,sec4#aj4 ,what other state officers are
 there8    ,chapter ,,xiv4   ,sec4#a4   
,for what reasons is a state divided    
into counties and townships8  ,sec4#b4  
,how large are townships8  ,sec4#c4     
,from what comes the name of county8 ,of
 shire1 and sheriff8  ,sec4#d4 ,define  
corporation4 ,what powers have town and 
county corporations8  ,sec4#e4 ,in what 
officers are these powers vested8 ,in   
whom in this state8  ,sec4#f4 ,what are 
the duties of a county treasurer8       
,sec4#g4 ,of a register or recorder8    
,where are deeds1 c41 recorded in this  
state8  ,sec4#h4 ,what are a sheriff's  
duties8  ,sec4#i4 ,what is the business 
of a coroner8  ,sec4#aj4 ,are there     
state's attorneys in the counties of    

this state8  ,sec4#aa4 ,is there a      
county surveyor8  ,sec4#ab4 ,are county 
officers elected by the people in this  
state8    ,chapter ,,xv4   ,sec4#a4     
,into what are counties divided8        
,sec4#b4 ,what is done at the annual    
town meetings8  ,sec4#c4 ,what officers 
are elected8 ,are all there elected in  
the towns of this state8  ,sec4#d4 ,what
 are those officers called who direct   
town affairs8 ,what in this state8      
,sec4#e4 ,what are the duties of a town 
clerk8  ,sec4#f4 ,what officers in this 
state have the care of highways8 ,what  
is a poll-tax8  ,sec4#g4 ,by whom are   
the poor provided for8 ,are there county
 poor-houses in this state8  ,sec4#h4   
,the duties of constables8  ,sec4#i4 ,of
 treasurer8 ,are there town treasurers  
in this state8  ,sec4#aj4 ,the duties of
 fence-viewers8  ,sec4#aa4 ,of          
town-sealer8    ,chapter ,,xvi4         
,sec4#a4 ,why is the incorporation of   
cities1 c41 necessary8  ,sec4#b4 ,how   
are city charters obtained8 ,define     

charter8  ,sec4#c4 ,what are the        
principal city officers called8 ,what   
inferior officers are elected8  ,sec4#d4
 ,are the citizens governed wholly by   
their own laws8  ,sec4#e4 ,what criminal
 court is peculiar to cities8  ,sec4#f4 
,what are village officers usually      
called8  ,sec4#g4 ,illustrate1 by       
example1 the necessity of a village     
incorporation8  ,sec4#h4 ,are           
corporations always formed by special   
laws8  ,sec4#i4 ,what is said of        
incorporated companies8  ,sec4#aj4 ,what
 is peculiar in the nature of           
corporations8  ,sec4#aa4 ,in what does a
 state differ from other government     
corporations8  ,sec4#ab4 ,wherein do all
 government corporations differ from    
incorporated business companies8        
,chapter ,,xvii4   ,sec4#b4 ,what is the
 business of the judicial department8   
,sec4#c4 ,if there were no courts of    
justice1 what would be the result8      
,sec4#d4 ,what are the lowest courts    
called8 ,why8 ,define jurisdiction8     

,sec4#e4 ,to what extent has a justice  
jurisdiction8  ,sec4#f4 ,what are civil 
causes8 ,criminal8 ,misdemeanors8       
,sec4#g4 ,how is a suit in a justice's  
court commenced8  ,sec4#h4 ,how is a    
summon served8  ,sec4#i4 ,describe the  
manner of joining issue4  ,sec4#aj4 ,how
 are witnesses procured8 and how is the 
issue tried8  ,sec4#aa4 ,what if a      
defendant or plaintiff does not appear8 
,sec4#ab4 ,how is judgment confessed8   
,chapter ,,xviii4   ,sec4#a4 ,why are   
juries instituted8  ,sec4#b4 ,what is a 
jury8 ,a verdict8  ,sec4#c4 ,a venire8  
,sec4#d4 ,how are jurors kept during    
their deliberations8  ,sec4#e4 ,what is 
done if they agree8 ,if they disagree8  
,sec4#f4 ,what is an execution8 ,what if
 it is not satisfied8  ,sec4#g4 ,is all 
personal property liable to be sold on  
execution8  ,sec4#h4 ,what is an        
attachment8 ,in what cases is it used8  
,sec4#i4 ,how is it served8  ,sec4#aj4  
,what if a party is dissatisfied with a 
judgment8  ,sec4#aa4 ,what power have   

justices in cases of crime8  ,sec4#ab4  
,how are offenders arrested and         
examined8  ,sec4#ac4 ,how is the        
prisoner disposed of if the justice can 
not try him8  ,sec4#ad4 ,define         
recognizance and bail8    ,chapter      
,,xix4   ,sec4#a4 ,how are county courts
 constituted8 ,how in this state8       
,sec4#b4 ,what causes are tried in them8
 ,what is appellate and what original   
jurisdiction8  ,sec4#c4 ,name the courts
 of this state4 ,what jurisdiction has a
 circuit court8  ,sec4#d4 ,what juries  
have county and circuit courts8 ,what is
 an issue of fact8 ,an issue of law8    
,sec4#e4 ,how are the jurors selected8  
,sec4#f4 ,what is the business of a     
grand jury8 ,of what number does it     
consist in this state8  ,sec4#g4        
,describe the proceedings of a grand    
jury4 ,what is an indictment8  ,sec4#h4 
,why are grand juries instituted8       
,sec4#i4 ,by what instrument are grand  
juries required8  ,sec4#aj4 ,what is the
 opinion of some on this subject8       

,sec4#aa4 ,is there a supreme court in  
this state8 ,describe it4 ,is there a   
higher court8  ,sec4#ab4 ,how are suits 
commenced in county and other higher    
courts8    ,chapter ,,xx4   ,sec4#a4    
,what is the object of a court of       
chancery8  ,sec4#b4 ,mention some of its
 powers4  ,sec4#c4 ,are there separate  
and distinct chancery courts in this    
state8  ,sec4#d4 ,how are suits         
commenced and tried in these courts8    
,sec4#e4 ,what is the business of a     
probate court8  ,sec4#f4 ,what is a     
court of impeachment8 ,its business8    
,what is an impeachment8 ,by whom made8 
,sec4#g4 ,how is it done8  ,sec4#h4     
,describe the mode of trial4 ,what      
follows conviction8  ,sec4#i4 ,by what  
other modes are judicial officers       
removed8    ,chapter ,,xxi4   ,sec4#a4  
,how is money raised for government     
purposes8 ,what is a poll-tax8  ,sec4#b4
 ,what property is exempt from taxation8
 ,what is real1 and what personal       
property8  ,sec4#c4 ,by whom1 and how1  

is property valued8 ,how in this state8 
,sec4#e4 ,of what three items does the  
tax consist8  ,sec4#f4 ,how is it       
ascertained8  ,sec4#g4 ,who in this     
state cause the tax-list to be made out1
 and order the taxes to be collected8   
,sec4#h4 ,to whom is the money paid when
 collected8    ,chapter ,,xxii4         
,sec4#a4 ,what is the proper object of  
government8 ,how is it to be done8      
,sec4#b4 ,what is the effect of         
education upon a people8 ,of ignorance8 
,sec4#c4 ,why should government provide 
the means of education8  ,sec4#d4 ,to   
what extent is this done8 ,by what      
means8  ,sec4#e4 ,how is the deficiency 
in the income of the school fund        
supplied8  ,sec4#f4 ,how1 and to what   
extent1 are school funds provided in the
 new states8  ,sec4#g4 ,in what way1 and
 to what extent1 were the school funds  
increased in #ahcg8  ,sec4#h4 ,how are  
school moneys from the state treasury   
apportioned8 ,how is the deficiency in  
the public moneys to pay teachers made  

up8  ,sec4#i4 ,why are schools called   
district schools1 and common schools8   
,what officers are elected in districts8
  ,sec4#aj4 ,what is the state          
superintendent in this state called8    
,chapter ,,xxiii4   ,sec4#a4 ,what other
 duty does the government owe to the    
citizens8  ,sec4#b4 ,what portion of the
 people of a state are most favored8    
,sec4#c4 ,by whom are canals made8 ,is  
there such a public work in this state8 
,sec4#d4 ,why should not the money to   
make them be raised by a general tax8   
,sec4#e4 ,how are funds sometimes       
provided for this purpose8  ,sec4#f4    
,for the want of such funds1 how is the 
money obtained8 ,how is it to be repaid8
  ,sec4#g4 ,how is the business of      
borrowing done8 ,what are state stocks8 
,sec4#h4 ,what renders the purchase of  
state stocks a safe transaction8        
,sec4#i4 ,by whom are canal affairs     
managed8  ,sec4#aj4 ,what states are    
most noted for their canals8  ,sec4#aa4 
,by whom are rail-roads usually         

constructed8 ,why is an act of          
incorporation necessary8  ,sec4#ab4     
,what does the act provide8  ,sec4#ac4  
,how is the capital1 or stock1 raised8  
,what officers are chosen1 and by whom8 
,sec4#ad4 ,what is the nature of these  
certificates of stock8  ,sec4#ae4 ,how  
do stockholders expect to be refunded8  
,what are dividends8 ,when are stocks at
 par8 ,when above or below par8         
,chapter ,,xxiv4   ,sec4#a4 ,where were 
the first banks8 and whence is the name 
derived8  ,sec4#b4 ,by what authority   
are our banks established8 ,how is the  
capital stock raised8  ,sec4#c4 ,how do 
business men deposit and draw out their 
money8  ,sec4#d4 ,what is a certificate 
of deposit8 ,how is it made             
transferable8 and convertible into      
money8  ,sec4#e4 ,describe the manner of
 transmitting money through banks4      
,sec4#f4 ,how are banks repaid8 ,what is
 saved to business men by this mode of  
remittance8  ,sec4#g4 ,describe the     
operation of lending money by a bank4   

,sec4#h4 ,describe a bank bill4 ,what if
 a bank is unable to redeem its bills8  
,how are bill-holders secured against   
loss8  ,sec4#i4 ,what is the nature of  
the free banking system8  ,sec4#aj4 ,how
 does this law provide for the security 
of bill-holders8  ,sec4#aa4 ,what is the
 business of insurance companies8 ,what 
do they insure8 ,define policy-premium4 
,sec4#ab4 ,of what consist the profits  
of stock insurance companies8 ,show this
 by an example4  ,sec4#ac4 ,how are     
companies enabled to fix proper rates of
 insurance8 ,is all property insured at 
the same rate8 ,why not8  ,sec4#ad4     
,describe the character of mutual       
insurance companies4 ,how is money      
raised for paying losses8    ,chapter   
,,xxv4   ,sec4#a4 ,what preparation is  
made for the public defense8 ,what does 
the word militia include8  ,sec4#b4 ,for
 what other purpose may portions of the 
militia be wanted8 ,define insurrection 
and rebellion4  ,sec4#c4 ,who are liable
 to do military service8 ,who are exempt

 by the laws of the states generally8   
,sec4#d4 ,who by the laws of the ,united
 ,states8  ,sec4#e4 ,what military      
authority have the governors and the    
president8 ,why have they this power8   
,sec4#f4 ,how are persons dealt with for
 non-attendance and delinquency at      
parades8  ,sec4#g4 ,what are the duties 
of the adjutant-general8  ,sec4#h4 ,what
 is the business of a                   
commissary-general8 ,is there one in    
this state8 ,define arsenal4  ,sec4#i4  
,what is done in the case of persons    
averse to bearing arms8 ,are any exempt 
in this state without commuting8        
,sec4#aj4 ,what regulations exist in    
,new ,york and ,ohio8  ,sec4#aa4 ,for   
what reasons is the drilling of the     
whole militia deemed unnecessary8       
,sec4#ab4 ,what is your opinion of war8 
,what is a better way of settling       
disputes between nations8    ,chapter   
,,xxvi4   ,sec4#b4 ,what is there in our
 government that renders a knowledge of 
it important to the people8  ,sec4#c4   

,to what country were the ,american     
colonies subject8 ,what is a colony8    
,sec4#d4 ,whence did the people derive  
their rights and privileges8 ,what was  
the form of the colonial governments8   
,sec4#e4 ,from whom did the officers    
derive their power8 ,were any elected8  
,on whose approval did the laws finally 
depend8  ,sec4#f4 ,what was the effect  
of this upon the colonists8 ,what was   
the object of the laws of parliament    
relating to the colonies8  ,sec4#f1 #g4 
,what did some of these laws require8   
,sec4#h4 ,by what particular means did  
that government secure the colonial     
trade8 ,define duty4  ,sec4#i4 ,explain 
the nature and effect of these duties4  
,sec4#aj4 ,what right did parliament    
claim8 ,what act was accordingly passed8
 ,what did the colonists do8 ,what was  
the final result8    ,chapter ,,xxvii4  
,sec4#a4 ,when did the first continental
 congress meet8 ,how were its members   
chosen8 ,what great act did it do in    
#aggf8  ,sec4#b4 ,what did it in        

,november1 #aggg8 ,when did the         
confederation go into effect8  ,sec4#c4 
,how did the union formed by it prove8  
,what was the probable cause of its     
imperfections8  ,sec4#d4 ,what was its  
leading defect8 ,mention some instances 
of its weakness8  ,sec4#e4 ,what        
probably aided in inducng compliance    
with the ordinances of congress8        
,sec4#f4 ,what new difficulties arose   
after peace8 ,what difficulty attended  
the laying of duties by the states8     
,sec4#g4 ,for what other purpose did    
congress need the power to lay duties8  
,how had ,great ,britain secured the    
carrying trade8  ,sec4#h4 ,what other   
trouble arose from this imperfect union8
  ,sec4#i4 ,how was this difficulty     
sought to be remedied8  ,sec4#aj4 ,what 
was the result of the meeting at        
,annapolis8  ,sec4#aa4 ,in what did the 
recommending of a convention result8    
,how was the constitution ratified in   
the states8  ,sec4#ab4 ,to give it      
effect1 how many states must ratify8    

,when were ratifications received from  
,rhode ,island and ,north ,carolina8    
,chapter ,,xxviii4   ,sec4#b4 ,what is a
 confederacy8 ,was the confederation a  
union of people8 or a union of states8  
,from what does this appear8  ,sec4#c4  
,what is the union under the            
constitution8 ,where is this declared8  
,sec4#d4 ,what is said of the former    
independence of the states8 ,what power 
has the general government acquired by  
the constitution8  ,sec4#e4 ,how did the
 equality of the states in the old      
congress appear8 ,to how many delegates 
were they entitled8 ,how did they vote8 
,sec4#f4 ,how are the states now        
represented8 ,how do representatives    
vote8  ,sec4#g4 ,state the difference   
between the bodies that framed and      
ratified the two instruments            
respectively4  ,sec4#h4 ,was the        
government under the confederation      
properly national8 ,how does it appear  
that it was not8 ,what change did the   
constitution effect8  ,sec4#i4 ,what    

early act of the constitutional         
convention shows the present government 
to be national8  ,sec4#aj4 ,what        
departments of power were wanting under 
the confederation8  ,sec4#aa4 ,is the   
present government wholly national8 ,why
 not8    ,chapter ,,xxix4   ,sec4#a4 ,of
 what does congress consist8 ,for what  
terms were members of the old congress  
appointed8 ,why has the term of a       
representative been extended to two     
years8  ,sec4#b4 ,what qualifications   
are required for voting for             
representatives8 ,what reasons were     
there for this rule8  ,sec4#c4 ,what are
 the qualifications of a representative8
 ,give the reasons for these            
qualifications4  ,sec4#d4 ,give the rule
 of apportioning representatives and    
direct taxes4  ,sec4#e4 ,what made it   
difficult to agree upon a rule of       
apportionment8 ,in what states did      
slavery then exist8 ,name the present   
slaveholding states4  ,sec4#g4 ,upon    
what terms was the question of          

apportionment settled8  ,sec4#h4        
,illustrate the rule by an example4     
,sec4#i4 ,how are the slave states      
benefited by this arrangement as to     
taxes8  ,sec4#aj4 ,what do they gain as 
to representation8  ,sec4#aa4 ,how is   
the number of representatives limited8  
,how often is the ratio of              
representation fixed8  ,sec4#ab4 ,why   
has the ratio been from time to time    
increased8 ,how is a representation     
secured to the smallest states8         
,sec4#ac4 ,state the ratio and the      
number of representatives after each    
census4  ,sec4#ad4 ,how is a state      
districted for choosing representatives8
 ,when are they chosen8  ,sec4#ae4 ,how 
are territories represented8    ,chapter
 ,,xxx4   ,sec4#a4 ,how is the senate   
constituted8 ,upon what points did the  
convention differ8 ,how was the matter  
settled8  ,sec4#b4 ,in what provision   
does the federative principle appear8   
,sec4#c4 ,in what is there a difference 
between the old congress and the senate8

  ,sec4#d4 ,what reasons are offered in 
favor of a short term of office8 ,what  
in favor of a long term8  ,sec4#f4 ,what
 is said in favor of the present term8  
,sec4#g4 ,why were not the terms of all 
the senators made to expire at once8    
,sec4#h4 ,how are vacancies in the      
office of senator filled8  ,sec4#i4 ,can
 an appointment be made before a vacancy
 actually happens8 ,state a case4       
,sec4#aj4 ,what reasons are there for   
the required qualifications of senators 
as to age1 citizenship1 and residence in
 the state8  ,sec4#aa4 ,how do bills    
become laws after they have been vetoed 
by the president8    ,chapter ,,xxxi4   
,sec4#b4 ,what difference is here       
noticed between the general and state   
governments in respect to their powers8 
,sec4#c4 ,what is the first in the list 
of powers given to congress8  ,sec4#d4  
,for what purpose was this power        
necessary8 ,what is direct and what     
indirect taxation8  ,sec4#e4 ,define    
duties1 customs1 imposts1 and excises4  

,sec4#f4 ,define specific and ad valorem
 duties4  ,sec4#g4 ,why are duties      
required to be uniform throughout the   
,united ,states8  ,sec4#h4 ,by what     
means was the old national debt paid8   
,how large was it at different periods8 
,sec4#i4 ,why is the power to borrow    
money necessary8    ,chapter ,,xxxii4   
,sec4#a4 ,from what arose the necessity 
of the power to regulate foreign        
commerce8 ,what was the ,british policy8
  ,sec4#b4 ,in what consisted the       
inequality of trade between the two     
countries8  ,sec4#c4 ,show1 by example1 
how ,great ,britain secured a home      
market for her agricultural products4   
,sec4#d4 ,what other benefits did she   
derive from her policy8  ,sec4#e4 ,why  
were we obliged to submit to the payment
 of these duties8 ,why not manufacture  
for ourselves8  ,sec4#f4 ,why did not   
our government retaliate by imposing    
like duties upon ,british goods and     
vessels8  ,sec4#g4 ,what are duties     
designed to encourage home manufactures 

called8  ,sec4#h4 ,show1 by example1 the
 operation and effect of a protective   
duty4  ,sec4#i4 ,by what other power may
 this object be partially effected8     
,show how4  ,sec4#aj4 ,why1 then1 was   
not one of these powers sufficient8     
,sec4#aa4 ,show1 by example1 why the    
free importation of foreign goods and   
direct taxation are not deemed the      
better policy4  ,sec4#ac4 ,how early1   
and how1 was domestic industry          
encouraged8 ,what rendered high duties  
for a time unnecessary8  ,sec4#ad4 ,what
 afterwards made it necessary for       
congress to exercise more extensively   
its powers to regulate trade8 ,when did 
the system of protection properly       
commence8 ,where has since been the     
principal market for agricultural       
products8  ,sec4#ae4 ,where1 and by     
whom1 are the duties or customs         
collected8    ,chapter ,,xxxiii4        
,sec4#a4 ,what is navigation8  ,sec4#b4 
,what is tunnage8 ,tunnage duties8 ,for 
what purpose were these duties laid8    

,why were they called discriminating    
duties8  ,sec4#c4 ,what has been their  
effect8 ,what has caused their          
discontinuance8  ,sec4#d4 ,how are      
vessels registered8  ,sec4#e4 ,what is a
 manifest8 ,a clearance8  ,sec4#f4 ,at  
whose request are passports furnished to
 vessels8 ,what is a passport8 ,by whom 
given8  ,sec4#g4 ,how is the safety of  
passengers and crew provided for8       
,sec4#h4 ,define quarantine4 ,what has  
congress enacted in relation to         
quarantines8  ,sec4#i4 ,why was power   
given to congress to regulate internal  
commerce1 or commerce among the states8 
,sec4#aj4 ,why the power to regulate    
commerce with the ,indian tribes8       
,chapter ,,xxxiv4   ,sec4#a4 ,what were 
the disqualifications of aliens by the  
common law8 ,why are these              
disqualifications deemed proper8        
,sec4#b4 ,when ought they to be removed8
 ,why should the rule of naturalization 
be uniform8  ,sec4#c4 ,describe the     
manner in which an alien is naturalized4

  ,sec4#d4 ,how do alien minors become  
citizens8  ,sec4#e4 ,what is a bankrupt8
 ,a bankrupt law8 ,what is the object of
 such laws8  ,sec4#f4 ,why is the power 
to pass them given to congress8 ,why    
should they be uniform8  ,sec4#g4 ,why  
is the power to coin money and regulate 
its value given to congress8 ,what      
change in the system of reckoning has   
been effected8  ,sec4#h4 ,at what places
 is money coined8 ,what is bullion8     
,sec4#i4 ,why is the power to fix the   
standard of weights and measures vested 
in congress8  ,sec4#aj4 ,why has        
congress the power to provide for       
punishing the counterfeiting of the     
securities and coin of the ,united      
,states8    ,chapter ,,xxxv4   ,sec4#a4 
,why is the power to establish          
post-offices given to congress8         
,sec4#b4 ,how are useful arts and       
sciences promoted8  ,sec4#c4 ,how does  
an author of a work proceed in procuring
 a copy-right8 ,by whom1 and where1 is  
the title recorded8  ,sec4#d4 ,what else

 must the author do8 ,for how many years
 is the right obtained8 ,for what term1 
and how1 may the right be continued8    
,sec4#e4 ,where are patents for         
inventions obtained8 ,how does the      
inventor proceed8  ,sec4#f4 ,how much   
must he pay before his petition is      
considered8 ,for what term are patents  
granted8 ,for what term may they be     
renewed8    ,chapter ,,xxxvi4   ,sec4#a4
 ,define piracy and felony4 ,why is the 
power to define and punish these crimes 
given to congress8  ,sec4#b4 ,why also  
the power to define and punish offenses 
against the law of nations8  ,sec4#c4   
,why the power to declare war8 ,who     
exercises this power in monarchies8     
,sec4#d4 ,what are letters of marque and
 reprisal8 ,why should not an individual
 redress his private wrongs8  ,sec4#e4  
,why should not the states authorize    
reprisals8  ,sec4#f4 ,why has congress  
the power to make rules concerning      
captures8 ,how is captured property     
distributed8  ,sec4#g4 ,why is the      

general power to provide for the        
national defense intrusted to congress8 
,sec4#h4 ,why was given to congress     
entire control over the district        
containing the seat of government8      
,sec4#i4 ,what district is here referred
 to8 ,over what other places has        
congress exclusive authority8  ,sec4#aj4
 ,what is the last power granted in the 
list here enumerated8 ,why is this      
general grant of power to make laws     
deemed necessary8  ,sec4#aa4 ,what      
opinion is held by some in regard to    
this power8 ,on what reasons is this    
opinion founded8    ,chapter ,,xxxvii4  
,sec4#a4 ,what is the first prohibition 
on congress8  ,sec4#b4 ,to what has this
 reference8 ,for what reasons was this  
prohibition assented to8  ,sec4#c4 ,have
 men a natural right to buy and sell    
each other8 ,when was the foreign slave 
trade prohibited8 ,how is it now        
punishable8  ,sec4#d4 ,define habeas    
corpus4 ,what is the privilege of this  
writ8  ,sec4#e4 ,what is a bill of      

attainder8 ,when is it a bill of pains  
and penalties8  ,sec4#f4 ,what is an ex 
post facto law8 ,give examples of ex    
post facto laws4  ,sec4#g4 ,what is a   
capitation tax8 ,to what provision of   
the constitution does this prohibition  
refer8 ,what does it mean8  ,sec4#h4    
,why are duties on exports forbidden8   
,how might the interests of the         
different states be injuriously affected
 by taxing exports8  ,sec4#i4 ,what     
further reasons are given for this      
prohibition8 ,how is freedom and        
equality in trade secured to the states8
  ,sec4#aj4 ,by what provision is the   
proper disposal of the public moneys    
secured8  ,sec4#aa4 ,why is the granting
 of titles of nobility forbidden8 ,how  
are public officers guarded against     
corruption from foreign influence8      
,chapter ,,xxxviii4   ,sec4#a4 ,what is 
a treaty8 ,an alliance8 ,a              
confederation8 ,why are states forbidden
 to enter into them8  ,sec4#b4 ,why     
should not states issue letters of      

marque and reprisal8  ,sec4#c4 ,why     
should they not coin money8  ,sec4#d4   
,why were they forbidden to emit bills  
of credit8 ,does the prohibition extend 
to bank bills8  ,sec4#e4 ,what is meant 
by tender1 usually termed lawful or     
legal tender8 ,why should coin only be  
made tender in payment of debts8        
,sec4#f4 ,why is the passing of bills of
 attainder and ex post facto laws by    
states forbidden8 ,why are laws         
impairing the force of contracts        
prohibited8  ,sec4#g4 ,do insolvent or  
bankrupt laws impair the obligation of  
contracts8 ,states have passed such     
laws2 were they constitutional8 ,how has
 the question been decided8  ,sec4#h4   
,why is the granting of titles forbidden
 to the states8  ,sec4#i4 ,what         
objections to the general power of the  
states to tax exports or imports8 ,what 
exception is made to the prohibition8   
,sec4#aj4 ,what is the object of this   
exception8  ,sec4#aa4 ,what other       
restrictions are there upon the power of

 the states8    ,chapter ,,xxxix4       
,sec4#a4 ,in whom is the executive power
 of the nation vested8  ,sec4#b4 ,for   
what reasons was this power given to one
 person only8  ,sec4#c4 ,why were four  
years agreed on as the official term8   
,sec4#d4 ,by whom is the president      
elected8 ,has the mode of election ever 
been altered8  ,sec4#e4 ,by what        
authority is the manner of choosing the 
electors prescribed8 ,by whom are they  
chosen at present8  ,sec4#f4 ,in what   
manner are they chosen8 ,describe       
particularly the election by general    
ticket4 ,when are electors chosen8      
,sec4#g4 ,where and when do the electors
 vote for president8 ,how1 when1 and to 
whom1 are certificates of their votes   
sent8  ,sec4#h4 ,when1 where1 and by    
whom are the votes counted8 ,how is the 
election determined8 ,if no person has a
 majority of all the votes1 by whom is  
the election made8 ,how do the members  
vote8  ,sec4#i4 ,describe the election  
of president by the house in #ahbe4     

,sec4#aj4 ,how is the vice-president    
elected if there is no choice by the    
electors8  ,sec4#aa4 ,what are the      
qualifications of the president and     
vice-president8  ,sec4#ab4 ,how is a    
vacancy in the office of president      
supplied8 ,what further provision is    
made for supplying vacancies8  ,sec4#ac4
 ,why may not the salary of a president 
be increased or diminished8  ,sec4#ad4  
,when does the presidential term        
commence and expire8    ,chapter ,,xl4  
,sec4#a4 ,what high military office has 
the president8 ,why is the command of   
the public forces intrusted to him8     
,sec4#b4 ,for what reasons the power to 
grant reprieves and pardons8  ,sec4#c4  
,what other powers has the president8   
,for what purposes are treaties made8   
,who exercises this power in monarchies8
 ,why is not the house associated with  
the president and senate8  ,sec4#d4 ,for
 what reasons is the senate preferred8  
,who appoint embassadors8  ,sec4#e4 ,by 
whom and how are treaties negotiated8   

,by whom ratified8  ,sec4#f4 ,what is   
here mentioned as the practice of       
civilized nations8 ,what are the duties 
of the secretary of state in our        
intercourse with foreign nations8       
,sec4#g4 ,what titles have              
representatives at foreign courts8 ,who 
are embassadors in ordinary and         
extraordinary8 ,envoys8 ,envoys         
plenipotentiary8  ,sec4#h4 ,what are our
 representatives abroad called8 ,what   
are charges des affaires8  ,sec4#i4     
,what is the business of consuls8       
,sec4#aj4 ,why is the appointment of    
judges of the supreme court given to the
 president and senate8  ,sec4#aa4 ,for  
what reason should the president have   
the right to select the heads of the    
departments8  ,sec4#ab4 ,what power has 
the president alone in filling          
vacancies8 ,why is such a power         
necessary8  ,sec4#ac4 ,what other powers
 and duties of the president are        
mentioned in the constitution8          
,sec4#ad4 ,what officers are removable  

by impeachment8 and for what offenses8  
,chapter ,,xli4   ,sec4#a4 ,among what  
departments is the executive business of
 the nation distributed8 ,by what names 
are the head officers called8 ,how      
appointed8  ,sec4#b4 ,what departments  
did the first congress establish8 ,what 
officers constituted the first cabinet8 
,when were the heads of the navy1       
post-office1 and interior departments   
respectively added8  ,sec4#c4 ,what are 
the duties of the secretary of state    
relating to foreign affairs8 ,define    
diplomacy and diplomatist4  ,sec4#d4    
,what are the duties of the secretary in
 relation to home affairs8  ,sec4#e4    
,what are the duties of the secretary of
 the treasury8  ,sec4#f4 ,what are his  
principal assistants8  ,sec4#g4 ,what   
are the duties of the secretary of the  
interior8 ,what is a pension8 ,to what  
classes of persons are pensions allowed8
 ,to whom are bounties of lands allowed8
  ,sec4#h4 ,to what do the duties of the
 secretary of war relate8  ,sec4#i4     

,what is the business of the secretary  
of the navy8 and of the navy            
commissioners8  ,sec4#aj4 ,what are the 
principal duties of the postmaster      
general8 ,who are his principal         
assistants8  ,sec4#aa4 ,what is the     
business of postmasters in relation to  
keeping accounts of letters1 advertising
 letters1 and making returns to the     
general post-office8 ,what are dead     
letters8  ,sec4#ab4 ,how are postmasters
 paid for their services8 ,state the    
rates of commission4 ,to what amount of 
compensation are postmasters limited8   
,what postmasters are appointed by the  
president and senate8  ,sec4#ac4 ,who   
are entitled to the franking privilege8 
and to what extent8 ,how is franking    
done8 ,what government officers frank   
matter on official business8  ,sec4#ad4 
,what are the duties of the             
attorney-general8    ,chapter ,,xlii4   
,sec4#a4 ,was there a national judiciary
 under the confederation8 ,in what      
courts is the judicial power of the     

,u4,s4 vested8  ,sec4#b4 ,by whom1 and  
for what term1 are the judges appointed8
 ,why is the term made so long8         
,sec4#c4 ,how is the independence of the
 judges further secured8 ,why should    
congress not have power to reduce their 
salaries8  ,sec4#d4 ,cases of what      
nature are tried in the national courts8
  ,sec4#e4 ,why is the trial of crimes  
to be held in the state where committed8
  ,sec4#f4 ,which are the lowest        
national courts8 ,how is a district     
court constituted8 ,what cases does it  
try8  ,sec4#g4 ,how many circuits are   
there8 ,how is a circuit court          
constituted8 ,what cases does it try8   
,sec4#h4 ,how is the supreme court      
constituted8 ,where1 and when1 does it  
hold sessions8 ,what is its principal   
business8  ,sec4#i4 ,what important     
object is so cared by the supreme court8
 ,how are state laws and the decisions  
of state courts affected by the         
decisions of the supreme court of the   
,united ,states8    ,chapter ,,xliii4   

,sec4#a4 ,why was the definition of     
treason put into the constitution8 ,what
 is levying war8  ,sec4#b4 ,state more  
particularly what does and what does not
 constitute levying war and treason8    
,sec4#c4 ,what proof is required to     
convict of treason8  ,sec4#d4 ,how was  
treason punished by the common law8 ,how
 has congress made it punishable8       
,sec4#e4 ,what is attainder8 ,its       
meaning here8 ,by the common law1 how   
did the sentence of death for treason   
affect the traitor8 ,what has congress  
declared concerning conviction for      
treason8    ,chapter ,,xliv4   ,sec4#a4 
,what is the object of the provision    
concerning state records8  ,sec4#b4 ,in 
giving effect to this provision1 what   
has congress enacted8 ,in case of a     
judicial proceeding1 what is required8  
,what in case of an act of a state      
legislature8  ,sec4#c4 ,what is meant by
 the clause concerning the privileges of
 citizens in the several states8        
,without such provision1 what might a   

state do8  ,sec4#d4 ,how is a fugitive  
from justice arrested and returned for  
trial8  ,sec4#e4 ,who are meant by      
persons held to service or labor1       
escaping into another state8 ,what      
provision of the common law induced the 
adoption of this clause8  ,sec4#f4 ,how 
are fugitives from slavery apprehended  
and returned8 ,is the law requiring the 
capture and return of fugitive slaves1  
in your opinion1 morally binding8       
,sec4#g4 ,what induced the provision for
 admitting new states8 ,what states have
 been formed from the north-western     
territory8  ,sec4#h4 ,what unsettled    
tract was south of the ,ohio8 ,whose    
consent to the division of a state does 
the constitution require8  ,sec4#i4 ,in 
the right to acquire territory1 what    
other right is implied8 ,had the old    
congress this power8 ,what has congress 
done under the power here granted8      
,sec4#aj4 ,how is a republican form of  
government secured to the states8 ,how  
are they to be protected against        

invasion and domestic violence8 ,what is
 meant by domestic violence8    ,chapter
 ,,xlv4   ,sec4#a4 ,how are             
constitutional amendments proposed8 ,how
 ratified8  ,sec4#b4 ,what good is      
supposed to have resulted from so       
difficult a mode of amendment8  ,sec4#c4
 ,for what reasons was the new          
government made to assume the debts of  
the old8  ,sec4#d4 ,why is the          
constitution of the ,united ,states1 and
 the laws and treaties made under it1   
made binding above all state authority8 
,sec4#e4 ,why are public officers bound 
by oath to support the constitution1 and
 to discharge their duties faithfully8  
,sec4#f4 ,what is a religious test8     
,what was it in ,england8 ,why was it   
forbidden by the constitution8  ,sec4#g4
 ,what does the last article declare8   
,why was not the ratification of all the
 states required8 ,why was the          
ratification of so many as nine         
required8  ,sec4#h4 ,when did this state
 ratify8 ,when did ,north ,carolina and 

,rhode ,island come into the union8     
,sec4#i4 ,when were electors of         
president chosen8 ,when was the         
president elected1 and when inaugurated8
 ,when did proceedings under the        
constitution commence8    ,chapter      
,,xlvi4   ,sec4#a4 ,how many articles of
 amendment are there8 ,what is the      
nature of most of them8 ,why then were  
they added8 ,when were the first ten    
proposed and ratified8  ,sec4#b4 ,what  
is forbidden by the first amendment8    
,sec4#c4 ,what right is guarantied by   
the second amendment8 ,why is this right
 necessary8  ,sec4#d4 ,what does the    
third amendment declare8 ,what probably 
suggested it8  ,sec4#e4 ,what right is  
guarantied by the fourth article8 ,what 
evil is it intended to prevent8         
,sec4#f4 ,what rights does the fifth    
article guaranty8 ,can you give any     
reason why a person fairly tried and    
acquitted should not be tried again8    
,what does the sixth article require8   
,sec4#g4 ,what is secured by the seventh

 amendment8 ,what is meant by suits at  
common law8 ,what are courts of         
admiralty8 ,how is the latter part of   
this article explained8  ,sec4#h4 ,what 
does the eighth article forbid8 ,what   
evils was it designed to prevent8       
,sec4#i4 ,what is the ninth article8    
,what evil was it designed to prevent8  
,sec4#aj4 ,what does the tenth amendment
 declare8 ,explain it4  ,sec4#aa4 ,when 
was the eleventh article proposed and   
ratified8 ,what is it8 ,what was it     
intended to prevent8  ,sec4#ab4 ,what   
does the twelfth amendment effect8 ,when
 was it proposed and ratified8          
,chapter ,,xlvii4   ,sec4#a4 ,how are   
the municipal or civil laws             
distinguished from the fundamental or   
political law8  ,sec4#b4 ,what are      
statute laws8  ,sec4#c4 ,what is the    
common law8 ,is it law in this country8 
,sec4#d4 ,what are the rights of person8
 ,personal security8 ,personal liberty8 
,how are they guarantied8  ,sec4#e4 ,how
 may a man protect himself when in      

danger of personal injury8 ,what remedy 
for violence committed8  ,sec4#f4 ,how  
far may a man go in defending himself or
 his property8 ,what is such killing    
called8  ,sec4#g4 ,how are we protected 
in our good names8 ,what is slander8    
,sec4#h4 ,what is libel8 ,which is      
considered the greater injury8 ,for     
which is a person liable in both a civil
 and criminal suit8  ,sec4#i4 ,what is  
the rule of the common law in the case  
of a criminal action for libel8 ,what is
 the reason for this principle8         
,sec4#aj4 ,what distinction do some make
 between cases of public and private    
prosecution for libel8  ,sec4#aa4 ,does 
the common law still prevail in this    
country8 ,how has it been modified8     
,sec4#ab4 ,how is personal liberty      
secured8 ,what is the nature of the writ
 of habeas corpus8  ,sec4#ac4 ,what is  
liberty of conscience8 ,how is it       
secured8  ,sec4#ad4 ,is this right      
secured to the same extent in ,england8 
,sec4#ae4 ,what is meant by the right of

 property8 ,by what is it protected8    
,chapter ,,xlviii4   ,sec4#a4 ,what is  
meant by the age of consent8 ,at what   
periods of life is it fixed8 ,at what in
 this state8  ,sec4#b4 ,what three      
requisites to a lawful marriage are next
 mentioned8  ,sec4#c4 ,may a person     
remarry who has a wife or husband       
living8 ,what is the crime called8 ,what
 cases are excepted8  ,sec4#d4 ,are the 
marriages in these excepted cases       
binding8 ,what is the common law on the 
subject8  ,sec4#e4 ,how1 and by whom are
 marriages solemnized8 ,what regulations
 exist in some states8 ,is a license or 
a notice required in this state8        
,sec4#f4 ,by common law1 what right to  
the personal property does the husband  
acquire by marriage8  ,sec4#g4 ,does he 
acquire an absolute right also to her   
real estate8 ,how is his right limited8 
,sec4#h4 ,how has this common law rule  
been changed8 ,can you tell what the law
 is in this state8  ,sec4#i4 ,by common 
law1 what liability does a husband incur

 by marriage8 ,what is coverture8 ,is   
this now the law in all the states8 ,is 
it in this state8  ,sec4#aj4 ,how far is
 a husband bound for the maintenance of 
his wife8  ,sec4#aa4 ,may they be       
witnesses for each other8    ,chapter   
,,xlix4   ,sec4#a4 ,what are the        
obligations of parents8 ,what is the age
 of majority8 ,in law1 who are infants1 
or minors8  ,sec4#b4 ,how far1 or in    
what cases1 is a father liable for the  
contracts of a child8  ,sec4#c4 ,can a  
minor bind himself by contract8 ,in what
 cases is he bound8  ,sec4#d4 ,how in   
cases of rent8 ,how in cases of         
contracts which he avoids when he comes 
of age8  ,sec4#e4 ,are minors answerable
 for crimes8 ,how in cases of fraud8    
,sec4#f4 ,what right have they to bind  
themselves as apprentices and servants8 
,by whose consent8  ,sec4#g4 ,who may   
bind pauper children8 ,what provision is
 made for their education8  ,sec4#h4    
,what are the rights of the master and  
apprentice respectively8  ,sec4#i4 ,when

 may apprenticeships be dissolved8      
,sec4#aj4 ,how may a hired servant      
forfeit his wages8 ,for what may he be  
dismissed8 ,for what cause released from
 his service8  ,sec4#aa4 ,what are the  
mutual liabilities of master and        
servant8    ,chapter ,l4   ,sec4#a4 ,by 
whom1 and in what ways1 may real estate 
be taken1 held1 and conveyed8 ,have     
aliens this right8  ,sec4#b4 ,what is it
 to devise property8 ,what is a or      
testamen8 ,define testator1 and         
intestate4  ,sec4#c4 ,who may bequeath  
property8 ,what special rights to       
bequeath property are given in some     
states8 ,what is a nuncupative will8    
,sec4#d4 ,how has the right of married  
women to bequeath property been         
extended8  ,sec4#e4 ,how is a will      
executed8  ,sec4#f4 ,in what different  
ways may a will be revoked8  ,sec4#g4   
,what is the effect of the subsequent   
birth of a child8 ,what else have some  
states provided8  ,sec4#h4 ,what is a   
codicil8 ,its effect8  ,sec4#i4 ,how is 

a will proved8 ,what are letters        
testamentary1 and letters of            
administration8  ,sec4#aj4 ,what is     
meant by the descent of property8 ,is   
the rule of descent uniform in the      
states8 ,to whom1 generally1 does it    
descend first8  ,sec4#aa4 ,if any       
children of the intestate are dead1 how 
does it descend8 ,give an example4      
,sec4#ab4 ,if all the children are dead1
 how do the grand-children share8 ,is   
this state an exception to the rule8    
,sec4#ac4 ,do real and personal estate  
generally come under the same rule8     
,chapter ,,li4   ,sec4#a4 ,what is the  
benefit of a deed of real estate8 ,what 
is expressed in a deed8 ,how is it      
executed8  ,sec4#b4 ,what is necessary  
to secure possession to the purchaser8  
,where are conveyances recorded in this 
state8  ,sec4#c4 ,how long1 in come     
states1 are first purchasers secure     
before recording8 ,what is the law in   
this state8 ,what claim does a purchaser
 thus dispossessed still retain8 ,can   

you tell why conveyances are required to
 be recorded at all8  ,sec4#d4 ,how are 
deeds proved8 ,before whom are thoy     
acknowledged8 ,how are they recorded8   
,sec4#e4 ,what is meant by fee-simple8  
,what does the grantor in a warranty    
deed bind himself to do8 ,in what does  
such deed differ from a quit-claim deed8
  ,sec4#f4 ,what is a mortgage8 ,how is 
the balance of the purchase money       
usually secured8 ,how is the money      
raised8  ,sec4#g4 ,why does a wife join 
with her husband in a conveyance8 ,what 
is the interest thus retained by a widow
 called8 ,in what else must a wife join8
 ,does a wife acknowledge apart from her
 husband in this state8    ,chapter     
,,lii4   ,sec4#a4 ,define corporeal and 
incorporeal hereditaments4 ,what are    
aquatic rights8  ,sec4#b4 ,what is a    
right of way8 ,how is this right        
obtained8 ,what is an easement8         
,sec4#c4 ,in what case does a right of  
way pass with the land8 ,give an        
example4  ,sec4#d4 ,in what cases does  

this right arise from necessity8        
,sec4#e4 ,when the use of a thing is    
granted1 what is generally granted with 
it8  ,sec4#f4 ,how is a temporary right 
of way acquired8 ,does the obstruction  
of a private way give the same right8   
,sec4#g4 ,what is a right by            
prescription8 ,how many years' peaceable
 use gives a person such right8 ,what   
change in this term has been made in    
some states8 ,what is it in this state8 
,sec4#h4 ,what right have the public to 
the soil of a highway8 ,who own the     
soil8 ,what right and power concerning  
it do they retain8  ,sec4#i4 ,what are  
the rights of the owners of lands       
adjoining a stream8 ,how is the use of  
the water restricted8  ,sec4#aj4 ,how   
may the right to the use of the water be
 affected by prescription8  ,sec4#aa4   
,what is the general and established    
doctrine on this subject8 ,must the use 
be enjoyed by one person during the     
whole period to give a prescriptive     
right8    ,chapter ,,liii4   ,sec4#a4   

,what is an estate of inheritance8 ,a   
fee8 ,a fee-simple8  ,sec4#b4 ,what is  
the writing which conveys an interest in
 lands for a limited period called8     
,what means to lease8 ,define lessor and
 lessee4 ,what lenses must be sealed8   
,sec4#c4 ,how are these limited         
interests in land divided8 ,what is an  
estate for life8 ,how1 otherwise than by
 lease1 are life estates acquired8      
,sec4#d4 ,what is an estate for years8  
,sec4#e4 ,may a lessee for years        
underlet without the lessor's leave8    
,for how long a time8  ,sec4#f4 ,who is 
entitled to the growing crop if the     
lease expires before harvest8 ,in what  
case the tenant8  ,sec4#g4 ,does the    
destruction of rented premises release  
the tenant from payment of rent8 ,in    
what case would he not be liable8       
,sec4#h4 ,can a tenant charge his       
landlord for repairs8 ,what may he do   
when the premises have become unsafe or 
useless8  ,sec4#i4 ,where and when must 
payment of rent be made or tendered8    

,sec4#aj4 ,what is an estate at will8   
,are such estates common8 ,in what case 
are they held to be tenancies from year 
to year8 ,what if a tenant for years    
hold over after his lease8  ,sec4#aa4   
,what turns leases from uncertain terms 
into leases from year to year8 ,who is  
strictly a tenant at will8 ,can he be   
dispossessed without previous notice to 
quit8  ,sec4#ab4 ,what is an estate at  
sufferance8 ,what are the rights of a   
landlord and a tenant by sufferance1    
respectively8    ,chapter ,,liv4        
,sec4#a4 ,define contract4 ,what is an  
executory contract8 ,an express         
contract8 ,an implied contract8         
,sec4#b4 ,what is a specialty8 ,a simple
 or parol contract8 ,define parol4 ,what
 effect has parol evidence upon written 
contracts8  ,sec4#c4 ,who are deemed    
incapable of contracting8 ,how are      
contracts made by such persons voided8  
,how enforced8 ,what is the general     
rule8  ,sec4#d4 ,what is the rule in    
regard to drunkards8  ,sec4#e4 ,what is 

mentioned as the second requisition to a
 valid contract8 ,how must assent be    
given8  ,sec4#f4 ,what is next mentioned
 as necessary to a valid contract8 ,what
 is a consideration8  ,sec4#g4 ,what is 
the effect of mutual promises8 ,how must
 they be made8 ,how when the parties are
 distant8  ,sec4#h4 ,why are gratuitous 
promises void8 ,in what case are        
subscriptions binding8  ,sec4#i4 ,why   
can not payment be lawfully claimed for 
gratuitous services8 ,in what cases is a
 person bound to pay for unasked labor8 
,sec4#aj4 ,what else is mentioned as    
necessary to a valuable consideration8  
,what kind of impossibility will not    
void a contract8  ,sec4#aa4 ,what is    
said of illegal and immoral             
considerations8  ,sec4#ab4 ,to what kind
 of contracts does the rule that a      
consideration is necessary apply8 ,why  
not to those under seal8  ,sec4#ac4     
,what is declared by the ,english       
statute of frauds8 ,what do some states 
further require8    ,chapter ,,lv4      

,sec4#a4 ,what is a sale8 ,what general 
principles apply to contracts of sale8  
,sec4#b4 ,what if a man contracts to    
sell what has no existence8 ,give an    
example4  ,sec4#c4 ,can he sell what may
 have a future existence8 ,give         
examples4  ,sec4#d4 ,what is said about 
price1 as essential to a sale8  ,sec4#e4
 ,what about the mutual consent of      
parties8  ,sec4#f4 ,what is to be done  
if the goods are not immediately        
delivered8 ,below what price is this    
unnecessary8 ,what is the sum fixed in  
this state8  ,sec4#g4 ,what is said     
about delivery to complete a contract8  
,sec4#h4 ,when does the buyer acquire   
the right of property8 ,when the right  
of possession8  ,sec4#i4 ,in case the   
goods are sold on credit1 when has the  
buyer a right to them8 ,in what case has
 he not8  ,sec4#aj4 ,what is said about 
the warranty of title8  ,sec4#aa4 ,in   
regard to quality1 what8  ,sec4#ab4 ,to 
what cases does not this rule apply8 ,is
 a seller bound to disclose hidden      

defects8  ,sec4#ac4 ,what is the general
 rule8    ,chapter ,,lvi4   ,sec4#a4    
,for what purposes are fraudulent sales 
made8  ,sec4#b4 ,what is here stated to 
be a common law rule8 ,upon what        
question do the courts differ8  ,sec4#c4
 ,what distinction has been made between
 conditional and unconditional bills of 
sale and assignments8  ,sec4#d4 ,in     
different states1 what different rules  
prevail8  ,sec4#e4 ,how does the strict 
rule sometimes operate to the injury of 
honest debtors8  ,sec4#f4 ,how has this 
question been settled in some states8   
,what are these instruments of          
conveyance called8 ,must they be        
recorded in this state8  ,sec4#g4 ,in   
what case1 when there is a judgment     
against the seller1 would a sale of     
personal property be fraudulent8        
,sec4#h4 ,how are assignments made for  
the benefit of creditors8 ,may such     
assignor prefer any of his creditors8   
,sec4#i4 ,if he agrees to pay all a     
certain share1 and then privately       

prefers some1 what is the effect8       
,sec4#aj4 ,in what cases are gifts valid
 against creditors8    ,chapter ,,lvii4 
,sec4#a4 ,define bailment4  ,sec4#b4    
,for what is a bailee without reward    
responsible8 ,what is a depositary8     
,sec4#c4 ,a mandatary8 ,for what is he  
responsible8  ,sec4#d4 ,for what is a   
borrower liable8 ,how is he restricted  
in the use of the article8  ,sec4#e4 ,in
 the case of property pledged as        
security for debt1 what are the         
liabilities8  ,sec4#f4 ,what in case of 
a hired article8  ,sec4#g4 ,what if work
 or care is to be bestowed upon a thing 
delivered8  ,sec4#h4 ,the liability of  
innkeepers8  ,sec4#i4 ,of persons       
carrying goods for hire in a particular 
case8  ,sec4#aj4 ,what is a common      
carrier8 ,to what extent is he liable8  
,sec4#aa4 ,what are his rights and      
obligations as to receiving and carrying
 goods8  ,sec4#ab4 ,what are the        
liabilities of proprietors of stage     
coaches as to passengers8 ,what as to   

the carrying of goods and the baggage of
 passengers8    ,chapter ,,lviii4       
,sec4#a4 ,define agent1 principal1      
factor4 ,what is a factor sometimes     
called8  ,sec4#b4 ,how is a factor      
secured for money advanced on property8 
,sec4#c4 ,what is this right to hold    
property called8 ,how is he restricted8 
,sec4#d4 ,how far is a principal bound  
by the acts of a general agent8 ,what is
 a general agent8  ,sec4#e4 ,how far is 
an agent bound to his principal8 ,in    
what case may he depart from his        
instructions8  ,sec4#f4 ,by what rule is
 he to be governed8  ,sec4#g4 ,what     
degree of diligence and skill must he   
exercise8 ,what is ordinary diligence8  
,reasonable skill8  ,sec4#h4 ,in what   
cases is an agent responsible to the    
person with whom he deals8 ,in what case
 is a principal liable for goods bought 
by an agent in his own name8  ,sec4#i4  
,what is a broker8 ,his ordinary        
business8 ,in what does he differ from a
 factor8  ,sec4#aj4 ,what is a lien8    

,for whose benefit is the right         
intended8 ,how their right restricted8  
,chapter ,,lix4   ,sec4#a4 ,define      
partnership8  ,sec4#b4 ,in what cases   
does the act of one partner bind all1   
and in what does it not8  ,sec4#c4 ,what
 cases of association are here mentioned
 that are not partnerships8  ,sec4#d4   
,how are they to sue and be sued8       
,sec4#e4 ,what cannot a partner do      
without the consent of all8 ,what may   
dissolve a partnership at any time8     
,sec4  ,sec4#f4 ,why should notice of   
dissolution be published when any       
partner withdraws8 ,how else may he     
become liable8  ,sec4#g4 ,how are       
limited partnerships formed8  ,sec4#h4  
,for what amount are the special        
partners liable8 ,whose names are used  
,for what are the general partners      
liable8 ,if the partnership is to be    
dissolved by the act of the parties1    
what is to be done8    ,chapter ,,lx4   
,sec4#a4 ,what is a promissory note8    
,give a form4  ,sec4#b4 ,what is the    

effect of inserting or bearer1 or1 or   
order8 ,if payable to order1 how is it  
made negotiable8 ,why is a note called  
negotiable8 ,if not negotiable1 how is  
it to be sued8  ,sec4#c4 ,what is a     
blank indorsement8 ,a full indorsement8 
,what is sometimes done in case of a    
blank indorsement8  ,sec4#d4 ,show1 by  
example1 the benefit of making a note   
payable to order instead of to bearer4  
,sec4#e4 ,why are the words value       
received inserted8 ,is a note without   
these words collectable8  ,sec4#f4 ,in  
what different ways may notes signed by 
two or more persons be written1 to be   
joint1 or joint or several8  ,sec4#g4   
,by ,whom may a negotiable note be sued8
 ,in what case can a holder of a note   
recover upon it1 though he received it  
of a person who had stolen it8  ,sec4#h4
 ,to what rule is this an exception8    
,why is this exception8  ,sec4#i4 ,on   
the other hand1 what is required to     
protect the owner8 ,what should the     
owner do8  ,sec4#aj4 ,what is the risk  

in buying a note after it has become    
due8 ,how is it when no day of payment  
is expressed8 ,what regulation exists in
 ,new ,jersey and ,pennsylvania8        
,sec4#aa4 ,what is the law respecting   
notes payable in some commodity8        
,sec4#ab4 ,when do notes payable on     
demand1 or in which no time of payment  
is mentioned1 become due and suable8    
,notes payable at sight1 or after sight8
 ,if the words with interest are        
omitted1 when does interest commence8   
,if payable on demand1 when8  ,sec4#ac4 
,what are days of grace8 ,how do they   
affect a note8  ,sec4#ad4 ,to bind an   
indorser1 when must payment be demanded8
  ,sec4#ae4 ,if payment is refused1 how 
and when is the indorser to be notified8
  ,sec4#af4 ,in case the maker's        
residence is unknown1 how is payment to 
be demanded8  ,sec4#ag4 ,state the      
effect of the different modes of        
guarantying notes4    ,chapter ,,lxi4   
,sec4#a4 ,what is a bill of exchange8   
,give a form4  ,sec4#b4 ,what are       

foreign bills of exchange8 ,inland8     
,sec4#c4 ,give an example of its        
operation and effect8  ,sec4#d4 ,how is 
a bill accepted8 ,how is the acceptor   
liable8 ,how is payment demanded8       
,sec4#e4 ,when must bills payable at    
sight1 or a certain day after sight1 or 
after date1 be presented for acceptance8
 ,when presented for payment8  ,sec4#f4 
,what is the nature of a bank check8    
,sec4#g4 ,what is the business of a     
notary public8 ,define protest4         
,sec4#h4 ,what is said of protesting    
inland bills of exchange8  ,sec4#i4     
,what is interest8  ,sec4#aj4 ,give the 
rates of interest in the different      
states4 ,what is it in this state8      
,sec4#aa4 ,what is usury8 ,what is the  
forfeiture for taking usury in this     
state8    ,chapter ,,lxii4   ,sec4#a4   
,are the penalties for crimes the same  
in all the states8 ,is the measure of   
punishment always the same for the same 
offense1 in any state8 ,who fixes the   
measure of punishment8  ,sec4#b4 ,what  

crimes are punishable by death in this  
state8  ,sec4#c4 ,why are crimes        
punishable by death called capital      
crimes8 ,define capital4  ,sec4#d4      
,define treason4  ,sec4#e4 ,what is     
murder8 ,are there different degrees of 
murder in this state8  ,sec4#f4 ,define 
manslaughter4 ,how many degrees of      
manslaughter in this state8  ,sec4#g4   
,what is arson8 ,define arson in the    
first degree4 ,how is this degree       
punishable in this state8  ,sec4#h4     
,what is homicide8 ,when is it          
felonious8 ,what is justifiable and     
excusable homicide8  ,sec4#i4 ,what is  
maiming8 ,kidnapping8 ,what other crimes
 are here mentioned as felonies8        
,sec4#aj4 ,what is burglary8 ,why is the
 crime deemed greater when committed in 
the night time8  ,sec4#aa4 ,define      
forgery and counterfeiting8  ,sec4#ab4  
,define robbery1 and an attempt to rob4 
,sec4#ac4 ,what is embezzlement8 ,how is
 it punishable8  ,sec4#ad4 ,what is     
larceny8 ,what is grand1 and what is    

petit larceny8  ,sec4#ae4 ,what is      
perjury8 ,what is subornation of        
perjury8  ,sec4#af4 ,define bribery4    
,sec4#ag4 ,what is dueling8 ,is dueling 
murder in this state8  ,sec4#ah4 ,is    
aiding a prisoner to escape a crime8    
,sec4#ai4 ,what is bigamy8 ,what is the 
difference between bigamy and polygamy8 
,sec4#bj4 ,what is incest8  ,sec4#ba4   
,in what case is opening a grave a      
crime8 ,how is it punishable in this    
state8  ,sec4#bb4 ,who are accessories  
to crime8  ,sec4#bc4 ,define assault and
 battery4  ,sec4#bd4 ,what is a riot8   
,how may riots be suppressed8  ,sec4#be4
 ,what grade of offense is it for an    
officer to rescue a prisoner or         
voluntarily to suffer him to escape8    
,sec4#bf4 ,what is false imprisonment8  
,sec4#bg4 ,what grade of offense are the
 four offenses last named8 ,what other  
misdemeanors are mentioned in this      
section8 ,can you name any other8       
,chapter ,,lxiii4   ,sec4#a4 ,of what   
consists the law of nations8 ,what was  

its early character8  ,sec4#b4 ,by what 
means has it been improved8  ,sec4#c4   
,what particular further improvement is 
desirable8  ,sec4#d4 ,what is said of   
the independence of nations8 ,how1 then1
 is redress for injuries obtained8      
,sec4#e4 ,what right has a nation in    
respect to its government8 ,to this     
rule1 what exception do some make8      
,sec4#f4 ,in what cases may one nation  
assist another in changing its          
government8  ,sec4#g4 ,in what respect  
are nations mutually dependent8         
,sec4#h4 ,by what law ought all nations 
to be governed8 ,what does this law     
require8  ,sec4#i4 ,by what names is    
this law when applied to nations or     
states called8 ,why is it so called8    
,sec4#aj4 ,for what reasons do some     
writers divide it into the natural and  
positive laws of nations8  ,sec4#aa4    
,define the positive law of nations4    
,how is it divided8 ,define the         
customary law of nations4  ,sec4#ab4    
,what is a conventional law of nations8 

,define convention4  ,sec4#ac4 ,what is 
the advantage of conventional law8      
,sec4#ad4 ,by what consideration is the 
observance of treaties induced8         
,sec4#ae4 ,what is a perfect obligation8
 ,an imperfect obligation8 ,why are the 
obligations of nations called imperfect8
    ,chapter ,,lxiv4   ,sec4#a4 ,what   
rights have nations on the seas8 ,by    
what laws are persons at sea governed8  
,sec4#b4 ,over what waters flowing      
through its territory has a nation      
jurisdiction8 ,to what distance on the  
sea8  ,sec4#c4 ,what right have other   
nations to a passage over its lands and 
waters8 ,why is this an imperfect right8
  ,sec4#d4 ,what are the mutual rights  
and duties of a state and foreign       
immigrants8  ,sec4#e4 ,what is its duty 
in respect to foreign criminals8        
,sec4#f4 ,what is said of the           
responsibility of embassadors8 ,for bad 
conduct1 how are they punishable8 ,why  
are they not amenable to the laws of the
 foreign state8  ,sec4#g4 ,what rights  

have they in countries through which    
they pass8 ,what is a passport8         
,sec4#h4 ,how are embassadors dealt with
 for disrespectful conduct at a foreign 
court8  ,sec4#i4 ,what do ministers do  
when they are ill-treated8  ,sec4#aj4   
,if a government1 for good cause1       
refuses to receive a minister1 what is  
its duty8  ,sec4#aa4 ,what power has a  
minister in making treaties8  ,sec4#ab4 
,to what laws are consuls subject8 ,what
 is their business8    ,chapter ,,lxv4  
,sec4#a4 ,define offensive and defensive
 war4 ,what are the contending parties  
called8 ,who are neutrals8  ,sec4#b4    
,what are the proper characteristics of 
a war8  ,sec4#c4 ,what are objects of a 
lawful war8  ,sec4#d4 ,when is a        
personal injury to the citizens of one  
state by those of another deemed just   
cause of war8  ,sec4#e4 ,what ought a   
government to do before resorting to war
 to redress injuries8  ,sec4#f4 ,how is 
satisfaction sometimes sought without   
making war8 ,how are reprisals made8    

,define confiscate4  ,sec4#g4 ,to       
justify reprisals1 what is necessary8   
,sec4#h4 ,how far is a nation bound by a
 treaty of alliance to assist another in
 war8  ,sec4#i4 ,in what cases is it not
 bound to render the aid8  ,sec4#aj4    
,what if the alliance is defensive8 ,is 
the government that first applies force 
always the aggressor8    ,chapter       
,,lxvi4   ,sec4#a4 ,how is war usually  
announced8 ,by what authority8  ,sec4#b4
 ,is a declaration communicated to the  
enemy8 ,what is deemed sufficient8      
,sec4#c4 ,when war is declared1 who are 
involved in it8  ,sec4#d4 ,how does war 
in a state affect the persons and       
property of the enemy's subjects found  
within such state8  ,sec4#e4 ,how is    
trade between the two countries affected
 by the war8  ,sec4#f4 ,what is         
necessary to make offensive hostilities 
lawful8 ,in what case would such        
permission be beneficial8  ,sec4#g4 ,how
 far does a just war give the right to  
take the life of the enemy8  ,sec4#h4   

,how are prisoners of war to be treated8
 ,what is said about the exchange and   
ransom of prisoners8  ,sec4#i4 ,what    
kinds of property may not1 and what may1
 be destroyed8  ,sec4#aj4 ,what is said 
of stratagems8  ,sec4#aa4 ,of spies8    
,sec4#ab4 ,in what kind of war is the   
destruction of private property lawful8 
,on what ground8  ,sec4#ac4 ,what are   
privateers8 ,what are their owners      
authorized to do8 ,how is privateering  
encouraged8  ,sec4#ad4 ,how is the abuse
 of this right prevented8  ,sec4#ae4    
,state the proceedings of the captors   
and the court1 in cases of capture8     
,sec4#af4 ,who has the primary right to 
all prizes8 ,how do the citizens get any
 interest in them8    ,chapter ,,lxvii4 
,sec4#a4 ,to what is a neutral nation   
bound8 ,what kind of aid to an enemy is 
unlawful8  ,sec4#b4 ,how is the trade of
 a neutral affected by war8 ,with what  
may she still supply a belligerent8     
,sec4#c4 ,what is said of the right of a
 neutral to carry the goods in such     

cases8  ,sec4#d4 ,what are prohibited   
articles called8 ,what goods are        
contraband8  ,sec4#e4 ,what is done with
 contraband goods8 ,in what cases is the
 vessel also confiscated8  ,sec4#f4     
,what is a blockade8 ,its object8 ,how  
does it affect neutrals8  ,sec4#g4 ,what
 is necessary to a lawful blockade8 ,in 
case a place is blockaded by sea only1  
how may trade be carried on with it8    
,sec4#h4 ,what is the right of search8  
,what vessels are subject to search8    
,sec4#i4 ,in what case is the property  
of an enemy in a neutral vessel liable  
to seizure8 ,what is done with the      
property of neutrals found in an enemy's
 vessel8  ,sec4#aj4 ,what may not a     
neutral permit in her ports8 ,what may  
not her citizens do8  ,sec4#aa4 ,for    
what purposes are hostilities sometimes 
suspended8 ,when is the suspension      
called a suspension of arms8 ,in what   
cases a truce8 ,what is the difference  
between a partial and a general truce8  
,sec4#ab4 ,how are the contracting      

parties and their citizens affected by a
 truce8  ,sec4#ac4 ,how is peace        
generally secured8  ,sec4#ad4 ,when do  
treaties of peace take effect between   
the parties8  ,sec4#ae4 ,how is the     
service of mediation performed8