CITIZEN'S MANUAL
OF
o~ rmetut ant ~a.








CITIZEN'S MANUAL.
oP
GOVERNMENT AND LAW:
COMPRISING
TIE ELEMENTARY PRINCIPLES OF CIVIL GOVERNMENT; A PRACTICAL VIEW  OF THE STATE GOVERNMENTS1 AND OF THE
GOVERNMIENT OF THE UNITED' STATES; A DIGEST OF
COMMON AND STATUTORY LAW1 AND OF THE LAW
OF NATIONS; AND A SUMMARY OF PARLIAMENTARY RULES FOR THE PRACTICE OF
DE LIBERATIVE ASSEMBLIES.
BY ANDREW W. YOUNG,
AUTHOR OF " SCIENCE OF GOVERNMENT," " FIRST LESSONS IN CIVIL GOVERNMENT,
"AMERICAN STATESMAN," ETO.
NEW EDITION REVISED A.ND EiN-LARGED.
NEW-YORK:
J. C. DERBY & N. C. MILLER,
5 SPRUCE STREET, TRIBUNE BUILDINGS,
1864.




Entered, according to Act of Congress, in the year 1858, by
ANDREW W. YOUNG,
n, the Clerk's Office of the District Court of the United States for the
Northern District of New York.
1f                     11-1-v.




PREFACE.
To preserve and transmit the blessings of civil and religions freedom, is the declared object of the people of the
United States, in establishing their present form of government. The question, Will our liberties endure? has ever
been one of deep solicitude to every true American patriot;
a question to which different answers have been formed by
different minds.
It is generally conceded, that no other system of govern.
ment ever devised, is so wel adapted to secure the objects
for which all just governments are instituted, as our own.
Its excellence alone, howe*er, can not insure its duration.
The grand element of its strength, is the public virtue and
intelligence. Hence,'the only well-founded hope of permanent political prosperity, lies in a general and an efficient
system of education.
Education is an interest of high importance to the people
under any form of government; but it is more especially so
in this country, where the people are not only in theory the
source of power, but in practice are actually called upon to
take an efficient part in constituting and administering the
government. The exercise of political power ought to be
directed by an enlightened judgment. The right of suffrage
can scarcely be esteemed a privilege to him who is incapable of exercising it with discretion. While the constitution gives as,much weight to the vote of the uninformed




vi                      PREFACE.
and ignorant, as to that of the well-instructed and ir telligent
citizen, the sources of information should be as numerous
and as widely extended as possible.
In accordance with this sentiment, much has been done
in this country to diffuse the benefits of useful knowledge.
Improved systems of education have been established, and
provision has been made, in every state, to instruct the people at the public expense. And to increase the efficiency of
the schools, many useful sciences, not formerly taught, have
been introduced.
It is admitted, however, that the course of instruction is
still materially defective. It does not sufficiently contemplate our youth as soon to become invested with the powers
and privileges of freemen. To qualify them expressly for
the discharge of their political duties, is not, to any considerable extent, made a special object of school instruction.
Even in most of our seminaries, the science of civil government either finds no place in the course of study, or is regarded only as of secondary importance. The study of the
Grecian and Roman antiquities, in many academies, supersedes the study of the principles of our own government.
The constitutions, laws, manners and customs of Greece and
Rome, are made subjects of regular study, while the study
of the practical subjects of our own constitutional law, and
the principles of our civil jurisprudence, which are applicable to the common concerns of life, is not admitted as a
part of the academic course I
A similar defect exists in our common schools. To gratify
a pride of learning, or a taste for philosophical inquiry, some
of the more abstruse and speculative sciences are introdu.
ced, to the exclusion of those which subserve the practical
purposes of life. For tiue same reasons, or from a wrong
estimate of its relative importance, the study of government
is kept out of the primary schools, in which nineteen-tweatieths of our citizens receive all their education. Some




FREFACE.                     Vii
portions of arithmetic, the higher mathematics, and certain
other branches, are of far less practical benefit to the citizen, and can be better dispensed with, than a knowledge
of his political rights and duties.
For some years past, however, this subject has received
the attention of the friends of education; and considerable
progress has been made in this department of educational
improvement, by the preparation and introduction of elementary treatises on civil government. To this object, the
writer has devoted several years of arduous labor. Yet, a
long time must necessarily elapse before the study of
political science shall occupy its proper place in the educational Jcourse.
It has occurred to the author, that, while this study is
thus gradually making its way into the schools, much may
be done in another direction for the general diffusion of political knowledge. The young men who have completed
their school education, and commenced, or are about ta
commence the business of life, constitute a large and interesting class of American citizens. Upon the manner in
which they shall discharge their political duties, depends,
in a great measure, the future destiny of this great and
growing republic.  A work especially adapted to their
wants appears to be a desideratum; to supply which, is
the primary design of this volume.
Surely, every young man inspired with a just degree ot
patriotic pride, must desire to qualify himself for tne intelligent discharge of his duties and responsibilities, whether
as an elector or private citizen only, or as one called to
take a more direct part in the administration of the government. It is certainly to be lamented, that so many
should have become invested with the rights of freemen
without an adequate knowledge of.their political duties.
Questions of public policy of vital interest, perhaps involving constitutional principles, and even liberty itself, are




viii                   PREFACE.
not unfrequently decided at the ballot-box, by those who
have never given the constitution the slightest examination.
The exercise of the elective franchise is not merely a
right; it is a duty. The theory of free government is, that
the people are associated for the common good. Hence
every citizen is bound to every other citizen, to exercise his
political power, and to do it in such a manner as to promote
the best good of the whole. He should therefore act intelligently. No citizen has a moral right to jeopard the interests
of a whole community by a random vote. It is his duty to
make up his own mind on all the great questions that arise
in administering the government, arid to bring to the set
tlement of these questions the aid of an enlightened judg
ment.
Although this work is especially commended to the attention of young men, adults also will find it adapted to
tleir use. It contains much information on the various
subjects of which it treats, to which the mass of our adult
citizens have not hitherto had ready access. In the selection and preparation of the matter, the object has been to
condense, within a suitable compass, the greatest possible
amount of information on the subject of the rights and
duties of citizens; and to make the work emphatically
what its title imports, a " Manual of Government and Law."
It is doubted whether any other book of equal size contains
as much matter to which the citizen has occasion to refer
in the common concerns of life
The study of this work is - also commended to females.
It has long been considered a striking defect in our system
of education, that females are not more generally instructed
in matters of business. Although they do not take an
active part in public affairs, they would, if rightly, educated, exert a far more powerful and salutary influence
upon our national character and destiny. And the question




PREFACE.                      is
is submitted, whether this knowledge would not prove a
far more valuable acquirement than some of those accomplishments which form so large a part of a modern female
education, and which are usually lost amidst the cares of married life. As mothers, guardians, and teachers, they could
apply the knowledge here recommended to valuable purposes
fhis work presents several features which do not appear
in any of the author's former works. For the better illustration of the principles of civil government, and to show,
by contrast, the superiority of our own government, an
outline is given of the forms of government of the principal
countries of Europe, and some of the ancient republics. To
young persons generally, and to adults of limited historical
reading, this part of the work will be read with interest.
The Law of Nations, also, is a subject with which few of
our citizens are familiar, owing, chiefly, to their not having
ready access to treatises on international law. The principal laws which regulate the intercourse of nations being
deemed interesting and useful, as well as appropriate in a
work of this kind, a digest of the same is given.
Another addition is the summary of Parliamentary Rules
for the government of deliberative assemblies. As almost
every citizen participates in the deliberations of public
meetings, this part of the work can scarcely fail to meet
with general favor.
A prominent feature of the present edition is its historical
reference to the national constitution. A history has been
given of the principal causes and the successive steps
which led to its formation, with sketches of the debates of
the convention of framers, presenting the various and conflicting views entertained in that body on some of the more
important provisi as, especially those known as the " great
compromises " of the constitution.
Appended to the body of the work are copious Notes,
supplementary to the several chapters referred to. Thesa




9.                     PREFACE
Notes consist, chiefly, of the specia. enactments of the seve
ral states on the various subjects to which they relate; and,
together with the Synopsis of the constitutions of the several states, and other portions of the work, present an intelligible view of all the state governments.
The sketch of Political Parties, will especially interest
young readers and others who are not familiar with the
political history of this country.
The body of the work is divided into chapters and sections of suitable length, to increase its convenience for
reference. These divisions also adapt it for use in schools.
Although not designed as a class-book, it may be studied
in academies and high schools generally, to advantage.
In the compilation of this volume, the leading object has
been UTILITY. That it is free from errors, is hardly to be
presumed; it is believed, however, that they are few and
unimportant. If any shall be discovered, they will be corrected in future editions.




CONTENTS.
PRINCIPLES OF CIVIL GOVERNMENT.
CHAPTER I.
PAOE
Civil Government;. Mankind fitted by nature for Civil Government and
Laws,                                                               17
CHAPTER II.
Rights and Liberty, and Laws, defined,                               20
CHAPTER III.
Different forms of Government:-Monarchy; Aristocracy; Democracy;
Republic,                                                           23
CHAPTER IV.
Governments of Russia, Turkey, Spain, Denmark,        -    -    -    25
CHAPTER V.
Government of Great Britain,-.                                       29
CHAPTER VI.
Governments of France, Germany, Austria, Hungary, Prussia, Netherlands,
Sweden, Greece, Switzerland, South American States,    -   -    -   32
CHAPTER VII.
The Nature and Objects of a Constitution, and the Manner in which it is
made,                                                               37
CHAPTER VIII.
A just Government founded upon the Consent of the People. e    -   -   41
CHAPTER IX.
The Division and Distribution of the Powers of Government, -   -    -    44
CHAPTER X.
Causes of the Revolution, and of the Establishmept cf our present Form of
Government,.....-.  - 47




xii.                      CONTENTS,
STATE GOVERNMENTS.
CHAPTER XI.
FrAGM.
By whom Political Power is exercised in the States of this Union, -   51
CHAPTER XII.
Elections,.-....... 53
CHAPTER XIII.
State Legislatures; how constituted,...... 56
CHAPTER XIV.
C-ganization of Legislative Bodies; Privileges of Members, &c.,  -   -   58
CHlAPTER XV.,Sanner of Enacting Laws,                     -                      61
CHAPTER XVI.
Executive Department:-Governor and Lieutenant-Governor; Subordirate
State Officers,                                                     65
CHAPTER XVII.
Zounties, and County Officers; Powers and Duties of County Officers,  -   69
CHAPTER  XVIII.
Towns, and Town Officers; Powers and Duties of Town Officers,  -   -   72
CHAPTER XIX.
Incorporation and Government of Cities, Villages, &c.,..          74
CHAPTER XX.
Assessment and Collection of Taxes, -.                             77
CHAPTER XXI.
The Militia,          —.                                             79
CHAPTER XXII.
Education: —School Funds; Schools, &c.,  -    -                     82
CHAPTER XXIII.
Canals; Railroads, &c., -                                        -..  85
CHAPTER XXIV.
Banks and Insurance Companies,.-                                     89
CHAPTER XXV.
Judicial Department:-Justices' Courts,.. 93




CONTENTS.                           xiii
CHAPTER XXVI.
Trial by Jury; Collection of Judgments; Appeals,           -         96
CHAPTER XXVII.
Courts"other than Justices' Courts:-Courts of Chancery or Equity; Court
of Probate; Court for the Trial of Impeachments,                   99
CHAPTER XXVIII.
Crimes and Misdemeanors; Prosecution of Offenders,     -   -        103
GOVERNMENT OF THE UNITED STATES.
CHAPTER XXIX.
Nature of the Union,                     -                          109
CHAPTER XXX.
iHistor.y of the Constitution, -                                    113
CHAPTER xxxr.
Legislative Department: —Iouse of Representatives,  -   -    -   -   118
CHAPTER XXXII.
The Senate,...                        123
CHAPTER XXXIIT.
Powers of Congress; Taxation, and Borrowing Money, -   -   -   -  127
CHfAPTER XXXIV.
Power of Congress in Relation to Commerce,.        129
CHAPTER XXXV.
Powers of Congress in Relation to Naturalization, Bankruptcy, Money, CopyRights and Patents, -                                            133
CHAPTER XXXVI.
Powers of Congress in Relation to Piracy, Offenses against the Law of Nations, War, Marque and Reprisal, Army and Navy, District of Columbia;
Implied Powers,. -    -               -   138
CHAPTER XXXVII.
Powers Prohibited to Congress,  -      141
CHAPTER XXXVIII.
Powers Prohibited to Congress, continued, -    -    -              145
CHAPTER XXXIX.
Executive Department:-President and Vice-President; their Election,
Qualifications, &c., -            -149




XUri                           CONTENTS.
CHAPTER XL.
PAGE
Powers and Duties cf the President; Treaties; Public Ministers; Appointments and Removals,   -.                     154
CHAPTER XLI.
Auxiliary Executive Departments:-Department of State, of the Treasury,
of the Interior, of War, of the Navy and of the Post-Office; AttorneyGeneral,                                                            160
CHAPTER XLII.
Judicial Department:-District Courts; Circuit Courts; Supreme Court,  163
CHIAPTEI XLIII.
State Records; Privileges of Citizens; Fugitives; New States; Power over
Territory; Republican Government; Amendments; Assumption-of Publie Debts; Supremacy of the Constitution; Oaths and Tests; Ratification, 166
CHAPTER XLIV.
Amendments to the Constitution  -. *   171
COMMON AND STATUTORY LAW.
CHAPTER XLV.
Rights of Persons:-Freedom of Speech and of the Press; Habeas Corpus;
Liberty of Conscience,..175
CHAPTER XLVI.
Domestic Relations:-Marriage, and the Relationof Husband and Wife;
Parent and Child; Guardian and Ward; Minors; Masters, Apprentices,
and Servants,                             -                         178
CHAPTER XLVII.
Rights of Property: —Title to Property by Descent, or Inheritance; Wills
and Testaments,                         -                           184
CHAPTER XLVIII.
Deeds and Mortgages, and the Proof and Recording of them,    -        188
CHAPTER. XLIX.
Incorporeal HIereditaments; Right of Way; Aquatic Rights  Party-Walls;
Division-Fences, &c.,                                               190
CHAPTER L.
Leases; or Estates for. Life  Estates for Years; Estates at Will; Estates by
Sufferance; Rent, &c.,    - -                                       194




CONTENTS.                               XV
CHAPTER LI.
Jontracts in General; and wha is necessary to their Validity,     -   197
CHAPTER  LII.
Contracts of Sale,                           -201
CHAPTER LIII.
Fraudulent Sales and Assignments; Gifts, &c.,      -         -    -   205
CHAPTER  LIV.
Principal and Agent, or Factor; Broker, Lien, &c.,   -    -    -    -   208
CHAPTER LV.
Partnership,..   211
CHAPTER LVI.
Bailment, -.. -                          213
CHAPTER LVII.
Promissory Notes,... -.  215
CHAPTER  LVIII.
Bills of Exchange; Interest; Usury, -      -                          221
LAW OF NATIONS.
CHAPTER LIX.
Origin and Progress of the Law of Nations; and the Natural, Customary,
and Conventional Laws of Nations, defined,                         223
CHAPTER LX.
The Jurisdiction of Nations; their Mutual Rights and Obligations; the
Rights of Embassadors, Ministers, &c.,                              228
CHAPTER LXI.
Offensive and Defensive War; Just Causes of War; Reprisals; Alliances
in War, -232
CHAPTER LXIL
Declaration of War; its Effect upon the Person and Property of Wie Enemy's
Subjects; Stratagems in War, -                                      236
CHAPTER LXIII.
Rights ahd Duties of Neutral Nations; Contraband Goods; Blockade;
Right of Search; Safe-conducts and Passports; Truces; Treaties of
Peace, &c.,-....  240




X:vi                          CONTENTS.
PARLIAMENTARY RULES.
CHAPTER LXIV.
PAGE,
Necessity of Rules of Proceeding in Deliberative Bodies; Organization of an
Assembly; Duties of its Officers; Rights and Duties of Members,   -  245
CHAPTER LXV.
General Order or Arrangement of Business; Introduction of Business, by
Motion, Petition, &c.,-               - -                          249
CHAPTER LXVI.
Motions:-For the Previous Question; for Postponement; to Lie on the
Table; to Commit, - - -251
CHAPTER  LXVII.
Amendments:-Division of a Question, and its Modification; different Mo.
tions to Amend; Filling Blanks; Order of Proceeding in Considering
and Amending Papers, -.. - -                 254
CHAPTER LXVIII.
Order or Priority of Questions; Privileged Questions; Subsidiary and Incidental Privileged Questions,                 -,        258
CHAPTER LXIX.
Committees; their Appointment and Report; Committee of the Whole,    262
CHAPTER  LXX.
Order in Debate,,, -                  266
CHAPTER LXXI.
Taking the Question; Manner of Voting; Reconsideration,     -   -  269
Supplementary Notes,.271
Synopsis of State Constftutions,   -            -.                  293
Declaration of Independence, -                 -.                   367
Constitution of the United States,. 375
Political Parties,     -      -                   -    -   -         391




CITIZEN'S MANUAL.
PRINCIPLES OF CIVIL GOVERNMENT.
CHAPTER I.
CIVIL GOVERNMENT; MANKIND FITTED BY NATURE FOR
CIVIL GOVERNMENT AND LAWS.
~ 1. BY civil government is meant that form of rules by
which the conduct of men in civil society is to be regulated;
or it is the authority exercised in controlling or regulating
the social actions of men according to certain established
rules. A society is a number of persons united for some
purpose; as a Bible society, a temperance society, an agricultural society. But the term civil society is applied to the
inhabitants of a state or nation in their associate capacity.
~ 2. A nation or state is a large society of men united for
the purpose of promoting their mutual safety and happiness. And in order the more effectually to carry out their
purpose, they agree to be governed by certain rules. This
agreement between the people of a state, is sometimes called
the civil compact; the word compact signifying contract or
agreement. The nature of this agreement is, that each individual of the society shall do for the others everything
which their necessities require, and which he can perform
without neglecting the duties he owes to himself.
~ 3. Although the term  civil society, in its most coinprehensive sense, may apply to any people whose conduct
toward each other is regulated by castoms, usages, or




18                CITIZEN'S MANUAL               [Chap. I
rules of any kind; civil society is generally considered to
exist only where the people are in a civilized state, or state
of social improvement, and are governed by established
written rules and regulations. By civilization and social
improvement is meant refinement-of manners and advancement in knowledge. Wherever the people enjoy the benefits of learning, and other means of improving their social
condition, or of makiiTg' themselves more comfortable and
happy, they are called civilized; and the system or form of
rules by which such people are governed, or the authority
exercised in making and enforcing these rules, is called
civil goverznnent.
~ 4. The rules by which the conduct of men in civil so.
ciety is to be regulated, are called laws; as the commands
of a parent or householder are the laws of the family, or as
the rules of a teacher are the laws of the school. A law is
therefore a rule prescribing what men are to do, or forbidding what they are not to do; and implies the right and
authority of those who govern to make the law, and the
duty of the governed to obey the law.
~ 5. The necessity of civil government arises from the
nature and condition of mankind. Man is a social being;
that is, he is fitted by nature for society. The Creator has
given to all men a disposition to associate with each other,
and made their happiness depend, in a great measure, upon
such association. They derive from the social state a degree of pleasure which they could not enjoy if each one
lived by himself.
~ 6. But man is so formed as to. need the assistance of
creatures like himself to preserve his own being. We can
hardly imagine how a person could procure the necessaries
of life without such assistance. But men have the gifts of
reason and speech. By conversation with their fellow-beings, they are enabled tc',lnprove their reason and extend
their knowledge, and to find out the means of satisfying
their wants, and of improving their social condition.
~ 7. But although men need the assistance of each other,
they are so formed that each must have the care of himself.
By this arrangement in society, which obliges each one to
provide for his own wants, a greater amount of labor is
performed, a greater number cared for, and the general
welfare better secured, than would be done if each were re



Chap. I.     PRINCI'PLES OF GOVERNMENT.             19
quired to labor for the common benefit. From this arrangement comes the right of property. If the avails of each
man's labor should go into a common stock for the use and
benefit of all, there would be nothing that any one could
call his own. But if each is to provide for himself, he must
have a right to appropriate the fruits of his labor to his own
use.
~ 8. Again, all men in society have wants; but these
wants can be rightfully gratified only so far as it can be
done consistently with the rights of others; for it is a fundamental principle in civil society, that the rights of all are
entitled to equal respect. Hence we see the necessity of
some established rules by which every man may be protected in the free enjoyment of whatsoever justly belongs
to him.
~ 9. We see also that men are fitted for civil government
and laws. They have power to discern their own wants,
and the wants of their fellow-men; to perceive what is right
and what is wrong; and to know that they ought to do
what is right, and forbear to do what is wrong. Their
reason enables them to understand the meaning of laws,
and to discover what laws are necessary to regulate the
actions of men.
~ 10. It is the opinion of some, that if all men in their
social intercourse were actuated only by feelings of pure
good will, and a sincere regard for each other's rights and
welfare, laws for their government would be unnecessary.
But with the aid of all the powers of reason and judgment
which the Creator has bestowed upon men, they are incapable, in their present imperfect'state, of determining in all
cases what is right or wrong. Hence we conclude, that,
with the best intentions of men to do right, laws would be
necessary to declare what shall be considered just between
man and man, and t; enforce obedience to those laws.
~ 11. To give force to a law, it must have a penalty.
Penalty is the pain or suffering inflicted upon a person for
breaking a law; as, imprisonment or a fine is the penalty
for stealing; hanging is the penalty for murder. If no
penalties were annexed to laws, men could not be compelled
to obey them; bad men would commit the worst crimeis
without fear; life and property would be unsafe; and gcn.
eoral disorder would prevail in society.




20                 CITIZEN'S MANUAL.            [Chap. II
CHAPTER II,
RIGHTS AND LIBERTY, AND LAWS, DEFINED.
~ 1 THE object of civil government, as has been observed,
is to secure to the members of a community the free enjoyment of their rights. A right is the just claim or lawful
title which we have to anything. Hence we say, a person
has a right to what he has earned by his labor, or bought
with his money. Having thus acquired it, it is lawfully
and justly his own, and no other person has a right to it.
We have also a right to do as we please, and to go where
we please, if in so doing we do not trespass upon the rights
of others: for all men in society have the same rights; and
no one has a right to disturb others in the enjoyment of
their rights.
~ 2. The being free to enjoy what belongs to us, or to do
as we please, is called liberty. The words right and liberty,
however, have not the same meaning. We may have a
right to a thing when we have not the liberty of enjoying
or using it. John has a pencil which is justly his own; but
James takes it from him by force. John's liberty to enjoy
the use of his pencil is lost, but his right to it remains.James has.no right to the pdncil, though he enjoys the use
of it.
~ 3. All laws ought to be so made as to secure to men the
liberty to enjoy and exercise their natural rights.. Natumral
rights are those to which we are entitled by nature, rights
with which we are born. Every person is born with a right
to live, and freely to enjoy the fruits of his labor, and whatsoever is justly his own. Hence liberty itself is a natural
right; that is, it is ours by nature, or. by birth, and can
not be rightfully taken from us.
~ 4. Some rights are also called inalienable. This term is
often applied to natural rights in general. But in its strict
and proper sense, it means only rights which a person can
not lawfully or justly alienate and transfer to another; that
is, rights which can' not be parted with and passed over to
another, by one's own act. But natural and inalienable
rights may be forifeited by crime. By stealing, a man




Chap. II.]   PRINCIPLES OF GOVERNMENT.               21
loses his right to liberty, and is justly imprisoned. If he
commits murder, he forfeits his right to life, and lawfully
suffers death.
~ 5. Rights and liberty are sometimes called civil rig/its
and civil liberty. It may be asked, Wherein do these differ
from gzatural rights and liberty? Rights and liberty may,
at the same time, be both natural and civil. Speaking of
them  as being ours by nature, or by birth, we call them
natural; when they are spoken of as being secured to us
by civil government and laws, they are called civil. John's
right to his pencil, being secured to him by the laws of
civil society, is a civil right. It is at the same time a natural right, because, by the law of nature, he is born with a
right to the free use of his property.
~ 6. Some consider natural liberty to consist in the freedom to do in all things as we please, without regard to the
interests of our fellow-men; and that, on entering into
civil society, we agree to give up a portion of our natural
rights to secure the remainder, and for the good of other
members of tile society. But if mankind are by nature fitted
and designed for the social state, and are all entitled to
equal rights, then natural liberty does not consist in being
free to say or to do whatever our evil passions may prompt
us to do. To rob and to plunder may be the natural right
of the tiger; but it is not the natural right of men. Natural rights and natural liberty are such only as are conferred
by the law of nature, which forbids our doing whatever is
inconsistent with the rights of others.
~ 7. The law of nature is the will of the Creator. It is
called the law of nature, because it is a perfect rule of conduct for all moral and social beings; a rule which is right
in itself, right in the nature of things, and which would be
right and ought to be obeyed, if no other law or positive
command had ever been given. It is right.in itself that all
men should have the liberty of enjoying the use of what is
their own; and it would be right that we should give to
every one his due, if we had never been' commanded to do
so.
~ 8. The law of nature is the rule of conduct which we
are bound to observe toward our Maker and our fellow-men,
by reason of our natuaral relations to them. Mankind being
dependent upon their Creator, they owe him duties which




22               CITIZEN'S MANUAL.           Chap. IT
they ought to perform, though he had never positively enjoined these duties. To serve our Creator is a duty which
arises out of the relation we sustain to him. So the relation between parent and child renders it fit and proper that
children obey their parents, on whom they are dependent
for protection and support. And from our relations to our
fellow-men, on whom also we are in a measure dependent,
and who have the same rights as ourselves, it is our duty
to promote their happiness as well as our own, by doing to
them as we would that they should do to us. This is required by the law of nature.
~ 9. But if the law of nature is the rule by which mankind ought to regulate their conduct, it may be asked, Of
what use are written laws? Mankind are not capable of
discovering, in all cases, what the law of nature requires.
It has therefore pleased Divine Providence to reveal his
will to mankind, to instruct them in their duties to himself
and to each other. This will is revealed in the Holy Scriptures, and is called the law of revelation, or the Divine law.
~ 10. But although men have the Divine law for their
guide, human laws also are necessary. The Divine law is
broad, and comprehends rules to teach men their whole
duty; but it does not specify every particular act of duty;
imuch of it consists of general principles to which particular
acts must be made to conform. God has commanded men
to do right, and to deal justly with each other; but men do
not always agree as to what is right: human laws are
therefore necessary to regulate the conduct of men. And
these laws are written that it may always be known what
they are.
~ 11. Again, it may be asked, What must be done when
a human law does not agree with the Divine law? Must
the human law be obeyed? A law clearly contrary to the
law of God, we are not bound to obey. We may not, however, disobey a law simply because it does not require what
is strictly just between men. A law may be very imperfect,
as many human laws are, and yet we ought to obey it, and
may do sc without breaking the Divine law. It is sometimes difficult to determine whether human laws and the
Divine law agree. Hence the importance of having the
laws made by wise and good men.




Chap. IIL.]   PRINCIPLES OF GOVERNMENT.             23
CHAPTER III.
DIFFERENT FORMS OF GOVERNMENT.-MONARCHY; ARISTOCRACY; DEMOCRACY; REPUBLIC.
~ 1. THE people of all civilized countries live under government and laws; but their several modes and forms of
government are very unlike; that is, the power or authority to govern is not in all countries placed in the same
class of persons, nor exercised in the same manner.
~ 2. The governing power of a state or kingdom is usually called the sovereign or supremne power. Hence, where
kings rule, they are called sovereign; and where the
power is in the hands of the people, the people are sovereign. In the strict sense of the term, however, entire sovereignty, or supreme power, exists only where power is
exercised by one man, or a single body of men, uncontrolled
or unrestrained by laws, or by any other power. But in a
more general sense, it is that power in a state which is superior to all other powers within the same.
~ 3. A form of government in which the supreme power
is in the hands of one person, is called a monarchy. TV.
word monarc'h is from two Greek words, monos, sole or only,
and arkos, a chief; and is a general name for a single ruler,
whether he is called king, emperor, or prince. A govern
ment in which all power resides in or proceeds from one
person, is an absohlte monarchy. If the power of the monarch
is restrained by laws, or by some other power, it is called
a limnited monar'cchy.
~ 4. A monarchy is called hereditary in which the throne
passes from father to son, or from the monarch to his successor, by inheritance. On the death of the sovereign, the
eldest son is usually heir to thl crown; or if there is no son,
it falls to the daughter, or some other relative. A monarchy
is elective, where, on the death of the ruler, his successor is
appointed by an election. A few such monarchies have
existed.
~ 5. Absolute monarchies are sometimes called despotisms.
The word despot is from the Greek language, and means
master or lord. It has nearly the same meaning as tyrant,




24                CITIZEN'S MANUAL.            [Chap. III
which also is from the Greek, and signifies'idig. Originally
these words meant simply a single ruler. But as unlimited
power in the hands of one man has been so generally
abused, these words have come to'be used in an odious
sense. They are now applied, for the most part, to rulers
who exercise authority over their subjects with severity;
and any government so administered as to oppress the people, is said to be despotic, or tyrannical. In an absolute
despotism, the monarch has entire control over his subjects.
They have no law but the will of the ruler, who has at command a large force of armed men to keep his people in subjection. The governments of many of the nations of Europe
and Asia have always been of this description. Changes in
some of them have occasionally taken place, but without
any material improvement in the condition of the people.
~ 6. Governments called aristocracies have also existed;
though no government, properly so called, is believed to
exist at the present time. The word aristocracy is from the
Greek words, aristos, best, and kratos, power, or krateo, to
govern; and means a governmzent of the best. Hence it has
been used to designate a government in which the supreme
power is in the hands of a few persons of rank and wealth.
The word aristocracy is also used for the nobility of a country under a monarchical government. Nobles are.persons
of rank above the common people, and bear some title of
honor. The titles of the English nobility are those of duke,
marquis, earl, viscount, and baron. These titles are hereditary, being derived from birth. In some cases they are
conferred upon persons by the king.
~ 7. Another form of government is a democracy. This
word also is from the Greek: demos, the people, and krateo,
to govern, or kratos, power; and signifies a government of
the people. In a government purely democratic, the great
body of freemen meet in one assembly to make laws, and to
transact theo public business. In ancient Greece there were
a few governments of this kind; but they necessarily comprised small territories, scarcely more than a single town.
All the citizens of a large community could not meet in a
single assembly.
~ 8. The form of government in this country is different
from all those which have been described. It is repnblican.
A republic is a government in which the people enjoy com



(thap. IV.1  PfTINCIT'LLS OF GOVERNMENT.            25
mon rights and privileges. Hence;-the name of commonwealth
is sometimes applied to a republic; as a thing is said to be
common when it is enjoyed by persons in general. Sometime.s this name is given to a state of this Union, as, the
"commonwealth of AMassachusetts;" the " commonwealth
of Pennsylvania."  Every state in the Union is a republic.
~ 9. In a republic, the political power is with the people,
as in a democracy. The words republic and democracy
have, therefore, nearly the same meaning. Our government,
though democratic, is not such a democracy as has been
described. In a republic like ours, the laws, instead of beinig made by the people in a body, as in a pure democracy,
are made by a small number of men called representatives,
who are chosen by the people for that purpose.
~ 10. The government of this country is therefore a reresenltative governmizeqtt, or a represenqtative democracy; or it may
wit'h propriety be called a democratic reppublic. A representative is a person chosen or employed by others to make
known their wishes, and to transact their business. He is
therefore an agent. The word agent, however, more frequently denotes a person intrusted with the private business
of another; the term represenztative is generally used to designate one who is chosen to assist in enacting laws.
~ 11.. Although most of the powers of government in this
country are exercised by representatives, instead of the
people ini person, as in a simple democracy, our government
is equally free, because the power to govern is derived from
the people, and the government is such as they have chosen
for themselves.
CHAPTER IV.
GOYVERNIENT S OF RUSSIA, TURKEY, SPAIN, DENMARK.
~ 1. HAVING defined the different forms of government, as
distinguished by the general names of monarchy, aristocracy, democracy, and republic, we proceed to give a description of the go-ver-lments of some of the principal nations of




26                  CITIZEN'S MANUAL.             Chap. TV,
Europe and America, in which these several principles are
illustrated.  From this description it will appear, that very
few of these governments are either wholly monarchical,
aristocraticaI, or democratic; but that, in most of them,
some or all of these several principles are combined.
~ 2. Of the class of monarchies called absolute or despotic, the government of Russia is one. The power of the
emperor, or czar, is hereditary.  The people have no part in
the government, but are subject to the will of the sovereign.
The monarch can make laws and repeal them  at pleasure.
He can make war or peace; raise armies and levy taxes;
and he confers privileges and titles of honor upon whomsoever he pleases.  I-He commands the nobles, and has their
property directly or indirectly at his disposal.  He is restrained, however, in the severity of his rule, by the fear of
forfeiting his life, as was the case of one of his predecessors.
The autocrat, (as he is sometimes called,) also has control
of ecclesiastical matters.  He must be of the Greek religion.
~ 3. In the government of an empire so extensive, there
must be, as in other governments, several departments, and
a large number of officers intrusted with some powers; but
as they receive their appointment, directly or indirectly,
from the emperor himself, and hold their offices at his pleasure, they have no material check upon his power.  He has,
for example, a directing senate, of sixty-two members, divided into departments; but the members being nomin ted
by the monarch, and subject to his will, they serve little
other purpose than that of promulgating his umkases, or decrees. The laws of an absolute ruler are usually called
edicts, decrees, or ordinances.
~ 4. The great body of the nation is divided into the two
extreme classes of nobles and slaves; the middle classes
being less numerous.  Many of the Russian nobles boast of
high birth.  The fortunes of some of them  are enormous
Their estates are estimated, not so much by the amount of
their lands and rents, as by the number of slaves. The
head of a certain family, reckoned the richest, is said to
have owned 125,000 I The slaves form the great mass of
the people.  They have no political rights. They are subject to the will of their masters, and may be scourged at
pleasure by their mansters, who are not brought to justi(ce
for excessive severity, unless death le produced withlid




Chap. IV.]    PRINCIPLES OF GOVERNMENT.              2
twenty-four hours. All the profits earned I-y the slave be
long to the master; though it is not uncommon for the master to allow the slave a proportion.
~ 5. There are courts of justice in Russia;; but they are
too liable to be corrupted to administer justice at all times
impartially. As a punishment, the knout is administered
even to nobles of the highest rank who may have displeased
their sovereign. The knozt is a leather strap, with which
stripes are inflicted upon the bare back I The sovereign
power, however, is said to be exercised at present with
considerable mildness; and the condition of the people is
improving.
~ 6. The Turkish monarchy is still more despotic than
that of Russia. All departments of the government, civil,
military, and religious, are under the control of one man,
called sultan, or gr'and seignior. The powers of government,
however, instead of being exercised by the monarch himself, are devolved upon the vizier, the chief magistrate of
state, assisted by a council of men called the divan. The
vizier appoints all civil and military officers; and he may
put to death all who oppose his measures. In war he coinmands the army in person, leaving at court in his absence
a pacha, (pashaw.)
~ 7. The subjects of the sultan are taught to believe that
their sovereign reigns by divine commission; that is, that
he derives his right to rule from the Supreme Ruler of the
world; and that nothing which he can do is morally wrong.
iHence, they regard submission to their master as a religious
duty. They consider him to be the proprietor of all the
lands in his dominions, except such as are dedicated to pious
uses. The koran is the fundamental law of the empire.
The koran or alcorvan is the Mohammedan book of faith written
by Mohammed, or Mahomet.
~ S. Of the absolute governments of Europe, the two
whichl have been described are the most despotic, and have
perhaps undergone the least change. Property and life,
towever, though not protected by written constitutions and
laws in which the people have a voice, are tolerably secure;.
the ruler being restrained in the exercise of his power
through -fear of provoking his subjects to rebellion. Still,
)we can account for the abject submission of the people,
only by supposing them to be under the influence of religious




28                 CITiZEN'S MANUAL.           [Chap. IV
fear or superstition, and too ignorant to know that they can
be in a better condition.
~ 9. The kingdom of Spain is a hereditary monarchy,
and is usually called a despotism. Its government, in for,
somewhat resembles a limited'monarchy, there being a
legislature to assist in making the laws; but it is, in effect,
perhaps, the most despotic of any in Europe, except those
of Russia and Turkey.
~ 10. The legislature, called the cortes, consists of two
houses, the peers and the deputies. The house of peers is
an aristocratic body, composed in part of hereditary members, and in part of members named by the king for life;
thus being wholly independent of the people. The deputies
are elected by a college of electors, who are chosen by the
principal citizens; the great body of the people having no
voice in the election, and consequently no representation in
the legislature. A legislature thus constituted, must be
presumed to have a stronger sympathy with the sovereign
than with the people.'As every measure proposed by the
cortes must receive the monarch's sanction before it can
become a law; and as the principal officers derive their
authority from him, and are under his direction; there can
be little restraint upon absolute power.
~ 11. The kingdom of Denmark is an absolute monarchy,
and the crown is hereditary. Th.e Danish kings, though
invested with supreme power, have exercised their authority
with mildness. The nobles are not numerous, consisting
only of one duke, nineteen counts, and twelve barons. The
king himself presides at the supreme national tribunal. The
great body of the people vwere not lcng since in a state of
personal slavery. Their ccnditior, though still poor and
depressed, 1is improving.




Chap. V.]     PRINCIPLES OF GOVERN3fENT.             29
CHAPTER V.
GOVERNMENT OF GREAT BRITAIN.
~ 1. ALTHOUGH a monarchy is literally a government, of
one man, some governments are called monarchies in which
the authority of the prince is restrained by laws, and a part
of the supreme power is in other hands, or in which the
people have some voice. These, as has been observed, arelimited monarchies, or mixed governmzents, partaking of the nature
of both a monarchy and a fWee government.
~ 2. The kingdom of Great Britain is a limited monarchy,
and the crown is hereditary.  Its government is perhaps
more liberal than any other government of the kind, and
its people are more enlightened and better governed. It is
the country of our ancestors, by whom many of the fundamental principles of civil liberty were introduced and established here.
~ 3. The manner in which the powers of government are
divided and distributed among the different classes of officers, as well as the manner in which these powers are
exercised, is much the same under the British constitution
as under our own. One of the principal defects of that
government consists in the limitation of political rights.
The people have not the right of forming and adopting a
constitution or form of government for themselves; and
they have but a limited voice in the election of any upon
whom the administration of the government devolves.
~ 4. The legislative or law-making power is vested in thle
parliament, consisting of the house of lords and the house
of commons. Proposed laws, or bills, as they are called. are
framed and completed in the two houses; the king taking
no part in the enactment of laws other than that of signilig
them. No bill can become a law if the king refuses to
sign it. When the king refuses to sanction a proposed
law, he is said to negative the bill. The power thus to prevent the enactment of a law, is called the veto power; veto
being a Latin word, signifying I forbid. This is a very
dangerous power in the hands of one who is disposed to
abuse it. No king of Great Britain, however, has exer



I30       ~        CITIZEN'S MANUTAL.            {Chap. V
cised this power for nmore than a hlundred years. The veto
power,.in a qualified form, exists to some extent in the
United States.  (See Chap. XV, ~ 13, 14.)
~ 5. The house of lords is composed of the lords spiritual
and temporal of England; sixteen temporal peers of Scotland; one archbishop, three bishops, and twenty-eight temporal peers of Ireland.  Peer, literally, means -an equal.
The house of peers was so called because noblemen and
barons were originally considered equal companions of the
king. In England, persons belonging to the five degrees
of nobility, dukes, marquises, earls, viscounts, and barons,
are all peers. The lords spiritual are, for England, two
archbishops and twenty-four bishops; and for Ireland, one
archbishop and three bishops.  The. lords temporal ar'e
not limited in number; the king having the right to appoint to the peerage any persons whom he thinks deserving. In 1833, the house of lords included 4,26 members.
~ 6. The house of commons is composed of representatives
of the people. The right to the office is not enjoyed to the
same extent as it is in this country.- A person to be eligible as a member, must be the owner of a freehold estate of
considerable amount. A freeh/old, or real estate, is property
in lands, which a person- may hold in his own right, and
transmit to his heirs. Also the right of voting for representatives is restricted. To be a qualified voter, a manll
must occupy a house rated at ~10, (nearly $50,) a year.
Hence, a large portion of the citizens have no voice in the
election of representatives.
~ 7. The duration of a parliament is seven years. It has
the sole right of making, altering, or amending all the laws;
and by its authority alone can taxes be imposed or levied.
Parliament meets annually. It usually commences its sessions in January or February, and continues them about six
months.
~ 8. The powers of the king of Great Britain are large
and numerous. Although he alone can not make laws as
an absolute ruler, he can, as has been observed, defeat the
passage of all laws. A parliament can not be held, unless
it is convoked by.him; nor can it, except by him, be dissolved or prorogued. Prorogue means to prolong, also to
delay; hence, to delay the business of parliament by contilning the parliament from one sessioi to another, as 1b:y




Chap. V.]     PRINCIPLES OF GOVERNMMENT.              31.
adjournment.  To prorogue parliament, therefore, is thel
same as to stop or putt of' its action by dismissing, the body.
This the king can do at any time.  lIe has the pbwer to
create officers of state, ministers, judges, and other officers,
and, in certain cases, to pardon persons convicted of crimnes.
He has also power to make war and peace.
~ 9. These powers, however, find a check in the control
which the representatives of the people hold over the public
purse. The money to maintain armies and fleets, to carry
on war, and to pay the salaries of his officers, can not be
obtained without the consent of parliament. He has the
sole right to assemrble parliaments; but he is required by
law to assemble a parliament as often as once in three
years.  And though he is the lhead of the church, he can
not alter the established religion, nor can he call persons
to account for their religious opinions.
~ 10. The king has a privy council, appointed by himself,
who are bound by oath to advise him to the best of their
judgment, and with secrecy.  rThis council inquires into all
offenses against tche government, and has power to put the
offenders in safe keeping for trial in some of the courts of
law. The privy council itself acts as a court in ceitain
cases.
~ 11. The kingl has also a large number of officers of
state, (about thirty,) appointed by hinself, to conduct the
business of state.  Of these ministers he selects a number,
(twelve, it is believed,) to constitute what is called a cabi-.net coazncil. This council usually consists of those officers of
state who are intrusted with the most important executive
business, and are his responsible advisers. The duties of
these executive officers are similar to those of the heads of
departments in the government of the United States, who
are called the president's cabinet.  Cabinet is a select number of confidential counselors, who advise with the executive in matters of government.
~ 12. The courts of justice in Great Britain, and the manner in which justice is administered by them, are nearly the
same as in the United States.. The judgment of British
courts has always been considered high authority in this
country.




82                CITIZEN'S MANUAL.            Chap. VI,
CHAPTER VYI.
GOVERNMENTS OF FRANCE, GERMANY, AUSTRIA, tiUNGARY,
PRUSSIA, NETHERLANDS, SWEDEN, GREECE, SWITZERLANDT
SOUTH AMERICAN STATES.
~ 1. TIE government of France, formerly almost purely
despotic, Was, by the revolution of 1830, changed into a
limited monarchy, similar to that of Great Britain. Another revolution took place in 1848, which resulted in the
establishment of a republic. Again, in 1851, the government was changed into one highly monarchical; but with
no strong probability of its beifig permanent. The constitution, though adopted by the people, was dictated by the
president of the republic himself, who, while he retained to
himself the title of president, and to the government that of
republic, was invested with the powers of a dictator rather
than the limited powers of a republican president.
~ 2. The president was elected for the term of ten years.
But not satisfied with a limited term of office, he, the next
year, by some public- announcement, declared himself emperor for life, subject, however, to the will of the people,
which he succeeded in obtaining. The crown is hereditary
in the'male line only, and by right of prirnogeniture; that
is, by right of being the first born son.
~ 3. The division and distribution of the powers of government, it is believed, were not essentially altered at the
time of this change of the tenure of the executive office.The emperor governs by means of the ministers, a cou-ncil
of state, a senate, and a legislative body. The ministers
and the council of state are both dependent on the emperor
for their offices. The ministerial departments amount to
nine; namely, the minister of state and of the household of
the emperor; the ministers of justice; of foreign affairs;
of finance; of the interior; of war; Df marine and the col.
onies; of agriculture and the public works; and of religion
anid public instruction. They, as well as persons employed
by the state, take an oath of obedience to the constit;ution
and of fidelity to the emperor.




Chap. VLJ     PRINCIPLES OF G3VERNMENT.               33
~ 4. The legislative power is exercised by the president,
the senate, and the legislative body. The senate is composed of cardinals, marshals, and admirals, and of such
other citizens as the president deems fit to elevate to the
dignity of senator.  Senators may not be removed from
office; and they hold their offices for life. The number of
senators may not exceed 150.
~ 5. The legislative body, (if the constitution of the same
has not been altered,) consists of deputies elected by the
people, one deputy being allowed to every -35,000 electors.
They are chosen for the term of six years. Neither the
deputies nor the senators receive a salary. The president,
however, may make the senators a discretionary personal
donation, not exceeding 30,000 francs yearly.  The privilege of voting in the election of members of the legislative
body is' not limited, as in Gi'eat Britain; but it extends to
all male citizens.
~ 6. The laws, instead of being proposed by the legislative body, as in republics and in limited monarchies generally, originate with the emlperor; who sends projects of
laws to the legislative bodv for discussion.  The. president
and vice-president of the senate, taken from the senators,
and the president and vice-president of the legislative body
or house of deputies, chosen fiom this house, are named by
the emperor; and he also, by decree, fixes the salaries of
these presiding officers.  When he thinks fit, he himself presides over the senate and council of state. He may also,
at pleasure, convoke and prorogue the senate; and convoke, prorogue, and dissolve the legislative body; but'if
he shall dissolve this body, he is bound to convoke a new
one within six months.
~.. Besides the powers already mentioned, the emperor
has power to pardon.and grant amnesties;. to command the
land and sea forces; declare war, and make treaties of
peace; to order works of public utility; and to make the
rules and decrees for executing the laws. Hence it appears,
that few monarchs possess more ample and more numerous
powers than the emperor of Fran( e.
~ 8. The system  of provincial government throughout
France is simple and effective.  The kingdom is at present
divided into  86 departments, with their capital towns.
These departments are sub-divided into 3G3 arrondisse



34                  CITIZEN'S MANUAL.             [Chap., 
ments, or districts, 2847 cantons, 36,835 communes.  Ir
each department the prefect is the chief magistrate, and,
as well as the sub-prefect, is paid by government in proportion to the population and the extent of' his jurisdiction;
the salary varying from  40,000 to 10,000 ifancs a year,
whilst that of the sub-prefect is 4000 francs.
~ 9. The government of Germany is not easily described.
It is particularly complicated, chiefly on account of the great
number and variety of the states of which it consists.  It
comprises about forty states, two of which are parts of the
Austrian empire and the kingtdom of Prussia.  These two
comprise a greater portion of the territory and population
than all the rest. All the states have distinct and separate
governments of their own.  Of the smaller states, the leading ones are limited monarchies; some of which partakl'
strongly of the monarchical and aristocratic features.
~ 10. The Germanic states are united in a confederation
somewhat similar to the union of our American states.  The
confederacy has a kind of legislature called diet, consisting
of deputies friom each particular state.  The office of the
diet is to preserve thle security of Germany, and to regulate
the relations of the empire with foreign nations.  Its object
is also to preserve the independence and safety of its particular states, and to settle the disputes which may arise'
between one state and another; but it does not interfere
with the internal regulations of any.
~ 11. Austria is a hereditary monarchy, almost absolute.
The title of the sovereign is em7zperor.  In most of the countries subject to Austria, there are legislative assemblies,
called states. These assemblies consist of four orders or
houses: clergy, nobles, knights, and representatives of the
free cities. But the states impose no material check upon
the monarch; their assembling being mainly for the sake of
form, and for giving some assistance in the administration.
~ 12. Hungary is a member of the Austrian empire, and
is a hereditary kingdom.  The crown is held in the house
of Austria.  The Hungarian diet consists of four orders:
the bishops and abbots; the magistrates or great nobles;
the knights; and tl.e representatives of the free cities.  The
diet assembles every three years, and sits during the king's
pleasure.  If three of the orders agree to any proposition,
the fourth must give its consent.  Without tho cCnsent of'




Chap. VI.]    PRINCIPLES OF GOVERNMENT.              35
the diet, the king can not make or change the laws, impose
taxes, or levy troops. The great body of the people, however, have but little share in the administiation of the government, and are heavily burdened with taxation.: An
attempt was made some years since to revolutionize the
government, but without success.
~ 13. The government of Prussia, though not an absolute
monarchy, is not so far removed fiom it as are some other
limited monarchies. Each of the several provinces of the
kingdom has a legislative assembly. The power of these
assemblies, however, is very limited. They can not originate any project of a law: they merely deliberate upon
those proposed by the king. But no change in the laws can
be made, nor a new tax imposed, without their sasnction.
~ 14. The kingdom of the Netherlands, comprising the
two former separate kingdoms of Holland and Belgiuim, is
a limited monarchy. The legislative power of Holland is
vested in two houses, or chambers, called the states-general.
The upper house does not consist of hereditary nobles, as in
Great Britain and some other limited monarchies, but in a
council of from forty to sixty members, named by the king
for life. The other houseis a representative body elected
for three years, one-third of their number being elected
every year. The Belgian chambers are both elective;'the
senate, or upper house, for eight years, and the representative chamber for four years.
~ 15. Sweden is a limited monarchy. The legislature,
called the diet, consists of four orders or houses: the nobles,
the clergy, the peasants, and the burghers. The house of
nobles consists of 1200 members; the head of each noble
family being', by inheritance, its lawful representative.  The
house of clergy consists of the archbishop and all the bishops. The house.of peasants is composed of the representatives of the numerous little proprietors of land who cultivate
their own ground. The burghers are chosen by the towns;
every freeman who pays taxes having a vote.
~ 16. The king has ample powers. He appoints all offi.
cers, civil and military. His assenit is necelspary to altl la.ows
proposed by the diet. He is not obliged to convoke -the diet
oftener than once in five years, or to.ontinue its sittings
longer than three months; but he may nmake the meetings
more frequent and logge. NQ  tax can be levied, or loan
obtained, without the consent of the diet.




36                 CITIZEN'S MANUAL.           [Chap. VL
~ 1. Norway is united with Sweden in the same kingdoma. The legislature of Norway, called the storthihg, has
greater privileges trhan the Swedish diet. The length and
frequency of its meetings are not controlled by the king.His consent to a proposed law is not necessary after it has
been three times presented by the storthing. The number
and influence of the nobles in Norway is not great, and a
republican spirit prevails amon.g the people.
~ 18. Greece is a constitutional monarchy. At an early
period, the different little states of Greece threw off the yoke
of their tyrants, as they then called them, and erected themselves into independent republics. The conquest by Rome
terminated their political existence. The conquest by the
Ottomans (Turks) finally extinguished in Greece all that
remained of her ancient greatness.  Since then she has
made several attempts to regain her independence. In 1820,
a grand insurrection against the Ottoman government took
place; and after a'severe struggle, the Turkish sovereign
was expelled, and the Porte (the Turkish government) was
obliged to consent to the independence of those portions of
Greece which were the most Grecian.
~ 19. Switzerland is an independent state, and its government is probably the most democratic in Europe. It is
divided into twenty-two cantons, each of which has a particular constitution of its own, though all are united by a
federal government. This Union'is sometimes called the
Jtelvetic confederacy, from. Helvetia, the former name of the
country. The Helvetic diet consists of deputies from the
different cantons, who meet once a year. Extra meetings
may also be called on the demand of any five cantons. This
assembly does not interfere with the internal affairs of the
cantons; its action is confined to what concerns the foreign
relations and general defense of the country.
~ 20. There are numerous other countries in Europe,
whose governments we shall pass over without notice.
Those which have been described embrace almost every
shade of monarchy, from the most absolute to that which
approximates most nearly to a republic; and present a sufficiently full view of the political institutions of that por-ton
of the world to answer the purpiose for which they have
been described.
~ 21. The South American states and Mexico, were for



C   hap. VII.]  PRINCIPLES OF GCVERNMENT.
merly subject to Spain. At an early period in the present
century, a general revolution took place in these Spanish
provinces, by which their independence was established.The form of government adopted by them is, in its general
features, similar to that of the United States.
CHIIAPTERI VII.
THE NATURE AND OBJECTS OF A CONSTITUTION, AND THII
MANNER IN WHICH IT IS MADE.
~ 1. FROM the foregoing view of the different forms of
government, we conclude that those of the monarchical
form, and those in which the principles of monarchy and
aristocracy prevail, are not best adapted to promote the general welfare of a nation. Under a wise and virtuous ruler,
the rights of person and property may be fully enjoyed, and
the condition of the people may be in a. good degree prosperous. But the requisite virtue and wisdom have seldom
been found in any one man, or a few men. The prosperity
of a people depends as much upon a good form of government as upon its being administered by good men; 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 people.
~ 2. The form of government in the United States is
expressed in a written constitution. A constitmtion is a form
of rules by which the members of a society agree to be
governed. The persons forming an association, draft a set
of rules setting forth the objects of the association, declaring what officers it shall have, and prescribing the powers
and duties of each, and the manner of conducting its operations. So the rules adopted by the people of a state or nation for their government, are called the constitution. They
are in the nature of articles of agreement by which the people mutually agree to be governed.
~ 3. A constitution is a kind of law. It is, however, materially different from the laws made from year to year by




38                 CITIZEN'S MANUAL.           [Chap. VI1.
the representatives of the people assembled in the capacity
of a legislature: it is drafted by a body of mer. chosen by
the people for that particular purpose, and adopted by the
people themselves.  It describes the nature and form of the
government, declares what officers are to be elected, and
prescribes their respective powers and duties.
~ 4. A constitution is sometimes called the fuvdalcvtzeo7tel
latv of a state, being the foundation of all other laws, which
must agree with this fundamental law. Hence, it is also
called afranme of government. As the frame fixes the form
and dimensions of the building, and as the materials required
to finish the building must be fitted to the frame; so the
constitution is the frame-work of the government of a state;
and every law made by the legislature, and every other act
performed in the administration of the government, must
conform to the constitution., 5. The constitution is also called'the political law, from
its being the law of the great political body, or body politic.
By the term  body politic is here meant the people of a state
incorporated into one body for purposes of government. It
is also applied to.small bodies of men associated for other
purposes.  (See Chapter XIX.)    The constitution, being
ordained by the act of the people in their political capacity,
is properly the pollitical lacw, as distinguished from the laws
made from time to time by the people's representatives, and
called the civil or nmmzicipal lawcs.
f 6. Hence, the first and highest act of a free people, is
the choice of a constitution or form of government.  No
people can be said to enjoy perfect freedom, whose political
and civil rights are not secured by a constitution of their
own choice. In no country, therefore, do the people enjoy
greater political privileges than in the United States. In
most of the governments described in preceding chapters,
there is either no constitution at all, or none that has been
adopted by the votes of the people. There are, even in absolute monarchies, some established forms or rules according to which the governn'ent is to be administered; but
these rules are not binding on the sovereign, who can make
or alter them without the consent of his subjects.
~ 7. Under no government called monarchical, do the
people enjoy a greater degree o-f.civil liberty than under the
limited monarchy of Great Britain u  and we hear of the B.-.




Chap. VII.]   PRINCIPLES OF GOVERNMENT.              39
tish constitution; but it is not a written instrument like
ours, adopted by the votes of the people. What is there
called the constitution, consists of the aggregate or sum of
laws, principles, and customs, which have been formfmed in
the course of centuries.  There being no established constitutiofi limiting the power of parliament, no law which parliament may enact is unconstitutional. And any change in
the laws of the kingdom, is virtually a change in the coi stitution, and goes to form a part of it. Not having a constitution to restrain the law-making power, the people are liable to suffer from the enactment of unjust laws.
Q 8. The object of a constitution is two-fold. It is intended, first, to guard the rights and liberties of the people
against infringement by those intrusted with the powers of
government. It points out the rights and privileges of the
people, and prescribes the powers and duties of the principal officers of the government; so that it may be known
when they trainscend their powers, or neglect their duties:
and, by limiting their terms of office, it secures to the people the right of displacing, at stated periods, those who are
unfaithful to their trust, by electing others in their stead.
~ 9. But while a constitution is designed to restrict the
powers of those who administer the government, it is intended alsoto place some restraints upon the people. The
framers of our American constitutions, believing that an
unrestrained democracy affords no greater security to public liberty than a monarchy, have provided safeguards
against the abuse of liberty by the people, as well as against
the abuse of power by their agents: and the people, in
adopting their constitutions, have consented to these restraints.
~10. These constitutional restraints upon the people,
however, do not abridge their natural rights and liberties.
All men in society have equal rights; and mutually agree
to be thus restrained, in order to secure to all the free enjoyment of their fights. Being voluntarily consented to
by all, these restraints can not be said to infringe the nattural liberty of any. Besides this, all political power being
inherent in the people, they have the right to alter their
constitution, increasing or lessening these restraints at
pleasure. They are however bound by its provisions, while
they exist, whatever they may be; nor can they alter it,
except in such manner as the constitution itself prescribes.




40                CITIZEN'S MANUAL.          [Chap. VII,
~ 11. A state constitution is framed by a convention of
delegates or representatives, chosen by the freemen of the
state for that purpose. Delegate and representative are words
of similar meaning. Members of representative assemblies
other than legislative bodies, are usually called delegates,
and, when assembled for business, are called a conventionz.
o 12. The number of delegates composing a convention
to fiame a constitution, is usually the same as the number
of representatives in the most numerous branch of the legislature, commonly called the house of representatives; and
the number elected in each county is the same as the numy
ber of representatives from such county in this branch of
the legislature. In the New England states, representatives
ate apportioned among the towns instead of the counties.
~ H3. A convention to make or amend a constitution, is
authorized by -a law of the legislature. But the desired
changes in a constitution, or the necessity of a new one,
may not, by a majority of the people of the state, be deemed
sufficient to compensate for the labor and expense of a convention; the law therefore provides for submitting to the
people, at an election, the question whether a convention
shall be called. The law also designates the clay for the
election of delegates in case a majority of the votes at such
election shall have been given in favor of a convention.
Q 14. The delegates meet on the day appointed by law, at
the seat of government of the state, and continue in session
until they have agreed upon a form of a constitution, which
is then submitted to the people for their adoption, at an
election on a day fixed by the law. If, at such election, a
greater number of votes shall be given in favor of the proposed constitution than against it, it becomes the constitution of the state.
~ 15. As constitutions may need amendment when the
necessary alterations are not of so great importance as to
render a convention necessary or expedient, it is usual to
insert in constitutions an article providing some other mode
of amendment. Different constitutions provide different
modes. In some states, perhaps the greater number, amendments are proposed by one legislature; and, if they are
agreed to by the next legislature, they are submitted to the
people for adoption. In a few states, the concurrence of
two successive legislatures is sufficient, without the sanction




Chap. VIII 1   PRINCIPLES OF GOVERNMENT              41
of the people. In others, amendments are made only by
conventions, called by a majority of the voters voting there
for at an election.
CHAPTER VIII.
A JUST GOYERNMENT FOUNDED UPON THE CONSENT OF TIL3
PEOPLE.
~ 1. IT was in ancient times generally believed, that the
power to govern was derived immediately from God; and
that, when a throne became vacant, the right of sovereignty
returned to the original source, to be again conferred on
the immediate successor. By what means soever the throne
was obtained, these were believed to be the occasions on
which the Supreme Ruler bestowed power on the prince
A later opinion, and one that still prevails to some extent,
is, that the right is hereditary; and that, on the death of a
sovereign, the right to rule passes to his lawful heir.
~ 2. States and nations have been compared to families;
monarchs being in the place of fathers. As the father has
a divine right to govern his family, and provide for his
children, according to his discretion; so is a nmonarch, by
the same right, the ruler and protector of his subjects. And
as an argument against constitutions, it was held, that
the people of a state governed by a written constitution,
would be as unfortunate as a family in which the father, to
prevent quarrels and discontent, should be obliged to refer
to a written instrument, in which the duties of every member of the household were laid down.
~ 3. To this it has been replied; that families and states
are governed by different principles. A family is composed
of parents and children, bound together by the ties of natural affection. The ruling principle in the father's government is love and kindness. His affectionate regard for
his children prompts him to render them the protection and
support which their dependent condition claims at his
halnds, and to treat them with forbearance. A start is coirn
posed of men less closely connected and less dependent,




42                 CITIZEN'S MANUAL.          [Chap. VII;.
and who are governed by stc rn justice and strict adherence to law.
~ 4. An attempt to govern a family by a code of laws
prescribing, with precision, all the rights and duties of its
mlembers, and fixing a specific penalty for every transgression, would be unsuccessful.  If every member of the
household should invariably insist on his own rights, and
the exact performance of every act of duty should be strictly enforced by the father, would such family be well governed?  In family government, much must be left to the
discretion of the parent. But how unfortunate have been
those nations which have left everything to the kindness
and paternal care of their rulers, and have not insisted on
their own rig'hts I
~ 5. But the principles of civil government have come to
be better understood. The doctrine that one man has a
divinei right to rule a whlIoleI lotion, or, that one is born to
command, and all others are bound to obey, is believed only
where the people are too ignorant to appreciate the blessings of freedo-m.  As light and knowledge have advanced
among the nations, the great truth  has been  gaining
ground, that. all men have a natural and equal right to a
voice in the government; and that the zoill of the people is
the true foundationz of all just government, and the good of
the people its true object.
~ 6. The fundamental principles of government are correctly stated in the Declaration of Independence.  It is
therein declared that "all men are created equal."  Tho
equality here meant is equality of political rights; all
being entitled to an equal measure of political power, as
well as to an equal share in the benefits of the government.
Whence, then, does any man, or any number of men, get
the right to rule over their fellow men? The same declaration gives the true answer: "All governments derive
their just powers from the consent of tIke governed." All rightful authority to govern is in the people, and is either exercised directly by the people, or is delegated by them  to
others chosen for that palrpose.
7 l. Hence we conclude, that a democracy is the most
natural form of government. All men's being created equal
in respect to political rights, implies that they are by natlre
fitted for the exercise of political power, and, consequently,




Jhap. VIfL]  PRINCIPLES OF GOVERNMENT.              43
that a democratic form'of government is best adapted to the
nature of mankind, and is designed.by the Creator for the
regtulation of civil society.
8. The lmost natural and simple idea of a free government, is that of the people's meeting in their own persons
for consulting, debating, and enacting laws for the regulation of their conduct, and the protection of their rights.
But all the people cannot unite in making laws. Hence the
necessity of government by representation.  Also, the inhabitants of a town or small district are best acquainted
with their own wants and interests, and can better judge
of the qualifications of candidates for office residing in their
immediate neighborhood, wherefore; a state is divided into
districts of suitable size for the election of representatives.
~ 9. But in order to insure a faithful representation, the
people must be, independent of their representatives, and
have the power to control them. Here, again, we see the
necessity of a constitution. By their constitution, the people
delegate to their representatives the necessary powers of
government; and by the same instrument, they reserve to
themselves the right to restrain their representatives and
other officers as they may deem necessary.
~ 10. If it is the true object of government to promote
the good of the whole and not of a few, then the government ought to be one in the formation of which all the peo.
ple are consulted. But all will not agree in opinion and
judgment; and the consent of all the citizens to any form of
government might never be obtained. Hence the necessity
of the rule which prevails in all popular governments and
deliberative assemblies: tZhewill of the majority malst govern,'Without such rule, no free government could be either
established or sustained.




44                CITIZEN'S MANUAL.           [Chap. IX
CHAPTER IX.
THE DIVISION AND DISTRIBUTION OF THE POWERS OF GOVERNMENT.
~ 1. HAVING explained the nature of a constitution, and
shown how it is made and adopted, it will be next in order
to show how the powers of government under a constitution
are divided. The excellence of a form of government consists essentially in a proper separation and distribution of
power.
Q 2. One of the chief excellencies of the American con.
stitutions, is the separation of the political and civil powers.
The wvords political and civil are generally used as having
the same meaning. Thus, in speaking of the system of
government and laws of a country, we use the general term,
"political institutions," or " civil institutions;" either being
deemed correct. But the words civil and political have also
a particular signification. The same distinction is observed
here as was mrade in a preceding chapter between the constitution, or political law, and the municipal or civil laws;
the political power being that which is exercised by the people iu their political capacity in adopting their constitution,
and electing the officers of government; the civil power
that which is exercised by the officers thus elected in administering the government.
~ 3. In an absolute government, no such distinction exists;
all power being centered in the supreme ruler. There is no
political law binding on him. The rules by which the powers
of his government are exercised, consist of certain customs.
and usages for which his subjects have even a higher regard
than for his own authority. Yet being himself subject to
no positive laws or regulations that have been adopted by
the people, or that may be altered by them, the people enjoy
no political rights.
( 4. In a mixed government, or limited monarchy, politi-.:al power is exercised to some extent. Although there is,
in most governments of this kind, no written constitution
adopted by the people, as in a republic, the members of one
branch of the law-making power are elected by the people;




Chap. IX.]     PITINCIPLES OF GOVERNMENT.             45
and in such election they are said to exercise political
power.
~ 5. The civil power in well constructed governments, is
divided into three departments, the legislative, the executive, and the judicial.  The legislative decpartment is that by
which the laws of the state are made. The legislafure is
composed of two bodies, the members of which are elected
oy the people. In limited monarchies, or mixed governments, —only one branch of the legislature is elective; the
other being an aristocratic body, composed of men of wealth
and dignity, as the British house of lords.
~ 6. The ezecutive department is that which is intrusted
with the power of executing, or carrying into effect, the
laws of the state. In each of the several states of this
~union, the executive department consists of a governor,
assisted by a number of other officers, some of whom are
elected by the people, and others are appointed in some
manner prescribed by the constitution and laws. It is the
duty of the governor to see that the laws are duly executed.
HIe oversees the general business of the state, and recommends to the legislature such matters as he thinks ought to
receive their attention.
~ 7. The jadicial department is that by which justice
between citizens is administered, and embraces the several
courts of the state. All judges and justices of the peace
are judicial officers. It is their business to judge of and
apply the laws in cases brought before them for trial. There
are several courts in a state; some of lower, others of
a higher order. The manner in which these courts are constituted, is not precisely the same in all the states; but
their general powers, and the manner of conducting trials,
are the same.
~ 8. Experience has shown the propriety of the division
of the civil power of a state into these three departments,
and of keeping them separate and distinct, and of confining
the officers of each to the powers and duties belonging to
their respective departments. Those who make the laws
ought not to exercise the power of executing or enforcing
them; nor should they who either make or execute the laws,
sit in judgment over those who are brought before them for
justice. A government in which the different powers of
makilg, executing, and applying the laws should be united




46                CITIZEN'S MANUAL.           [Chap. IX.
in the same hands, whether consisting of one man or a single
body of men, however numerous, would be little better than
an absolute despotism. It was one of the main defects,of
some of the ancient republics, that the powers of government were'not properly divided and balanced.
~ 9. Again, the law-making department of the civil power
is divided into several branches. The plan of dividing the
legislative power, which existed in some of the ancient republics and in Great Britain, and also in the American
colonies while subject to that, country, has been adopted
and continued in the constitutions of all the states in this
union, with some modifications in some of them.
Q 10. The best governments among the ancient republics,
and those which existed longest, and were most firm and
stable, were upon this plan. The law-making power was
vested in a chief magistrate, lords, and a representative assembly. These several branches, holding a check upon
each other, are more likely to enact good and wholesome
laws, than if the whole power were in the hands of one
man, or a single representative assembly. A government
of this kind was constituted at Sparta by Lycurgus, which
lasted above eight hundred years; whereas the government established by Solon at Athens, which was a simple
democracy, was of short dunation, about one hundred
years. Not only was the government of the Spartans
more durable, but the citizens were better governed.
~ 11. Under the Roman constitution was formed the
noblest people and the most powerful nation that had ever
existed. The supreme power was vested in two consuls,
(chief magistrates,) a senate, and the people. But if all
the powers of these several branches had been united in a
single assembly, whether consisting of the whole body of
freemen, or of their representatives, it is not probable that
the people would have been long free, or the nation ever
great. The distribution of power, however, was never accurately and judiciously made in that constitution. The
executive was never sufficiently separated from the legislative; nor was the' control which these powers were to
have uponl each other defined with sufficient accuracy.
~ 12. The framers of our American constitutions, who
aad before them the various systems of government- an~ ient and modern, and were well acquainted with their




[Chap. X.       PRINCIPLES OF GOVERNMENT.            41
nature and operation, have happily preserved what was
good in those systems, and avoided their defects. And in
nothing is the superiority of our plan of government more
manifest, than in the wise division and distribution of its
powers.
~ 13. There is another division of power. A single set
of officers in each of the several departments, legislative,
executive, and judicial, residing at the seat of government,
can not regulate all the minute affairs of every neighborhood throughout the state. Business in which the people
of a small community alone are interested can be better
done by some local authority. For this purpose, a state is
divided into counties and towns, in each of which there are
officers elected to exercise certain powers of government.
(See Towns and Counties.)
~ 14. There is another reason for the division of a state
into small territories. The people, in the exercise of their
political power, must act collectlivel?, which can be done only
in small districts, as towns. In all elections for choosing
state, county, and town officers, and for voting upon the
question of adopting a constitution, the people act in towu
meetings.
CHAPTER X.
CAUSES OF THE REVOLUTION, AND OF THE ESTABLISHMENT
OF OUR PRESENT FORM OF GOVERNMENT.
~ 1. THE people of the United States, as is probably
known by the youngest reader of this work, have not
always lived under their present excellent form of government. For more than one hundred and fifty years cafter the
first settlement of this country, they were subject to the
government of Great Britain. In 1116, the American cololies, now states, separated themselves from  the parent
country, and claimed the right to establish a government
for themselves.
~ 2. This country was first settled by the English, who




48                 CITIZEN'S MANUAL              LChar, X
claimed it by right of discovery, they having discovered it
in 149, about lfive years after Columbus hIad discovered
the WTest India islands. The first permanent settlement,
however, was not made until the year 1601, when a colony
of 105 persons settled at Jamestown, in Virginia. A few
years afterward, (1620,) a colony was planted in Plymouth,
in Massachusetts.  After this the number of colonies rap idly increased to twelve, the last of which, Pennsylvania,
was settled in 1681.  About fifty years thereafter, (1732,)
Georgia was settled; the last of the thirteen colonies which
declared themselves free and independent states.
~ 3. The governments of the colonies, during their connection with Great Britain, were not such as the colonists
chose for themselves, but such as the king was pleased to
prescribe for themrn in their charters. The word charter is
from the Latin C/~iataa, which means paper. The instruments of writing by which lthe king granted privileges to
individuals or corporations, were written on paper or parchment, and called charters.  The colonial charters granted
to individuals and companies the right to trade and settle
in this country, and prescribed the limits of the territory
granted to each. Anld either the same or a separate charter contained rules for the government of the colony.
~ 4. The governments of the several colonies, though
not alike in every particular, were on the same general
plan. The powers of government were vested in a governor, a council, and an assembly of representatives chosen
byfthe people. These three branches corresponded to the
king, the nobles, and the commons in Great Britain. Pow-er
was therefore divided in those governmenlts in nearly the,
same manner as it is in the states at present; there being
in every state a governor, a senate, and a representative
assembly.
~ 5. There is, however, an important difference between
those governments and the present. The people of the
colonies were not allowed to choose a constitution or form
of government; nor had they the privilege cf choosing the
officers of the different departments of the government.  The
governors were appointed either by the king, or by such
persons as had authority from the king to appoint them;
and they were generally under the control of the king, by
whom they might be kept in office or dismissed at pleai
sure.




fChap. X.      P.TNIC PLES OF GOVERNMENT.         49
~ 6. The council was composed of a small number of
men, also appointed by the king', and subject to his pleasure.' This body constituted one branch of the legislature.
The judges and magistrates, and other officers, were appointed by the governors or by the king, or other persons
who appointed the governors.
~ 7. Hence it appears that only one branch of the lawmaking power was chosen' by the people, while the other
two, the governor and: council, were appointed by the king,
or were subject to him. And as every measure proposed
by the representatives required the concurrence of the
governor and council, just and necessary laws were often
denied the people. Besides, a measure thus concurred in,
must be sent to England for the approval of the king before
it could become a law.
~ 8. In a few of' the colonies, however, the people enjoyed greater political privileges. In Massachusetts, Rhode
Island and Connecticut, for many years before the revolution, they elected their governors and both houses of the
legislature. Yet even in these colonies, no laws might be
enacted that were contrary to the laws of England. And
the privileges which the people enjoyed were granted by
the king, and might be taken away from them at his pleasure.
~ 9. Not only were the colonists denied the benefits of
liberal and just legislation at home; many of the laws
enacted by parliament and approved by the king, were
highly oppressive. These laws were designed to secure to
Great Britain exclusively the benefit of the trade of the celonies. A law was enacted declaring that no goods should
be imported into the colonies but in English vessels. If
brought in other vessels, both the goods and the vessels
were to be forfeited to the British government. Another
law required such articles produced here as England wanted,
to bc transported to that country, and to other countries
belonging to Great Britain. The colonists were permitted
to ship to foreign markets such products only as English
merchants did not want. They were prohibited from selling
abroad any wool, yarn, or woolen manufactured goods.
Another law declared that no iron wares of any kind should
be manufactured in the plantations.
~ 10. Thus iwas it attempted to suppress manufactures in
3




50               CITIZEN'S MANUAL.             [Chap. X
the colonies. In short, 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 produce,
and to sell to England the surplus productions of the colonies. For this purpose, heavy duties were laid upon goods
imported into the colonies'from other countries than Great
Britain and her possessions. These duties were taxes
levied upon goods brought into the colonies from abroad,
and were collected by officers here from persons importing
the goods.
~ 11. The nature and effects of these duties will more
plainly appear to the young reader from the following facts:
-The colonists traded with the West India islands. Some
of these islands belonged to France, some to Spain, others to
Great Britain. Now to prevent the colonists fiom buying
goods at the French and Spanish Islands, parliament enacted
a law compelling them to pay high duties on the molasses,
sugar, and other articles from these islands.
~ 12. Great Britain did not stop here. Not satisfied with
these acts by which English traders had been enabled to
enrich themselves, parliament claimed the right to tax the
colonies " in all cases whatsoever;" and an act was passed
accordingly, laying duties upon all tea, glass, paper, and
painters' colors, imported into the colonies; and the money
thus collected was put into the British treasury. The colonists remonstrated against these unjust laws. Petitions
were sent to the king, and memorials to both houses of
parliament, praying that these laws might be repealed, but
in vain. At length, the colonists resolving no longer to
submit to such laws, and the British government attempting
to enforce them, a war between the two countries was the
consequence.
~ 13. The war commenced in 1775. On the 4th of July,
1776, the congress declared the colonies to be free and independent states. Congress was a kind of legislative body,
composed of a few delegates or representatives from each
of the several colonies. A description of this congress will
be given in another part of this work; also the declaration
of independence, with the names of the men who signed it.
After a severe struggle of about seven years, the war was
ended, and Great Britain acknowledged the independence
of the states. This change in our relations -with that




Chap. XI.]       STATE GOVERNMENTS.                51
country, and the establishment of independent governments
in the states, is called the American Revolution.
~ 14. Since the states declared themselves independent,
one after another has changed its government, until all of
the original thirteen have adopted new  constitutions.
During this period, eighteen new states have been admitted
into the Union, making the present number thirty-one.
Three others, Minnesota, Kansas, and Oregon, are now
(1858) waiting for admission, and will soon be added to
the number.
STATE GOVERNMENTS.
CHAPTER  XI.
BY WHOM POLITICAL POWER IS EXERCISED IN THE STATES OF
THIS UNION.
~ 1. THE first act of political power is, as we have seen,
the establishment of a constitution, or form of government.
The next is the election of officers to administer the government.  But prior to the exercise of this power, it must be
determined to whom it shall be intrusted.
~ 2. In speaking of the people as acting politically, we do
not mean all persons; but such only as are entitled by the
constitution to vote at elections. It is the common opinion,
that the duties which both nature and the custom of civilized
countries have assigned to females, are such as to render it
improper for them to take an active part in public affairs.
Nor ought males to be permitted to do so, until they shall
have had time to acquire the requisite knowledge and judgment to exercise power discreetly. And that they may act
independently, they ought to have attained the age and
condition of freene,. None, therefore, but free male citizens of the age of twenty-one years, arc allowed to vote at
elections.




52                 C1TIZEN'S MANUAL              CChap. XI
~ 3. That a man may vote understandingly, he ought
also to have resided long enough in the state to become
acquainted with its government and laws, and. with its
citizens, from whom he is to select those for whom he is to
vote. All our state constitutions require, as one of the
qualifications of every elector, that he shall have resided in
the state for a specified period of time; which period is not
thGesame in all the states, varying in the different states
from three months to two years. In most of the states, he
must also have resided for some months in the county,
and be a resident of the town in which he offlers to vote.
~ 4. Under the early constitutions of the old states, the
right of voting, otherwise called the right of szffrage, and
the electivefranchise, was restricted to those who owned property, or paid rent or taxes to a certain amount. In the
election of the higher state officers, freeholders only were
entitled to vote. A freeholder is an owner of real estate, that
is, property in lands, which he may hold in ris own right
and transmit to his heirs. In the constitutions of the newer
states, the possession of property has not been made a
qualification of an elector; and in the amended constitutions of the old states this restriction upon the elective
franchise has been removed, until it has nearly ceased to
exist in the United States. The right of voting is now enjoyed by all independent white male citizens, with few exceptions, in almost every state of the Union.
~ 5. All male citizens, as the term  is here used, does not
mean every man twenty-one years of age. Foreigners, or
aliens, are not in law called citizens, nor entitled to the
political privileges enjoyed by persons born in this country.
Their knowledge of our government is deemed to be too
limited to qualify them immediately for the proper exercise
of political power; nor is it presumed that they will feel a
sufficient interest in our government until they shall have
become permanently settled in this country. A way is pro.
vided by which, after a residence here for a term of years,
they may be admitted to all the privileges of native citizens.
Their becoming thus invested with the rights of natural
born citizens, is called being naturalized. (See Naturalization.)
~ 6. Also persons convicted of certain infamous crimes
are denied the privilege of voting thereafter at elections;




Chap.XI.]         STATE GOVERNMENTS.                 51
unless they have been pardoned before the expiration of the
term  for which they were sentenced to be imprisoned, or
unless the disqualification be removed in some other way
prescribed bylaw. Paupers, idiots,rand insane persons, are
in some state constitutions expressly disqualified.
~ 7. It will be seen by reference to the several state constitutions, that " white male citizens "' only are mentioned as
entitled to the right of suffrage, in most of the states. In
the New England states, except Connecticut, there is no exclusion of colored citizens from the right of voting. And in
New York, male citizens of color owning a freehold estate
of the value of $250, are qualified electors. The justice or
propriety of excluding persons of color from a participation
in the government, has always been questioned, and has
been the subject of much discussion in the several state
conventions by which the constitutions have been framed,
as well as by the people at large. But hitherto, attempts
to enfranchise colored citizens have generally proved unsuccessful.
CHAPTER XII
ELECTIONS.
~ 1. ELECTIONS are annually held in each state for electing
officers to serve in the several administrations of state,
counties, and towns. Town' meetings for the election of
town officers are usually held in or near the months of
March and April. Most officers elected by the people, other
than town officers, are chosen at tile general state election,
which, in most of  he states, is held in the month of October
or November.
~ 2. Elections are conducted by persons designated by
law, or chosen by the elect(ors of the towns for that purpose.
It is their duty to see that order is preserved, and that the
business at elections is properly done. They are usually
called judges of elections, or inspectors of elections. Persons also, (usually two,) are appointed to serve as clerks
Each clerk keeps a list of the names of the electors voting




54                CITIZEN'S MANUAL.          [Chap. XII.
at the election, which is called a poll-list. Poll is a.Saxon
word, signifying head, and has come to mean person. Hence,
so much " a head" means so much for every person. By a
still further change, it' is made to signify an election, because the persons there voting are numbered. Thus, " going
to the polls" has obtained the same meaning as going to an
election, or tothe place of voting.
~ 3. When the hour appointed has arrived, and the officers of election are ready to receive votes, the polls are said
to be open; and one of the officers makes it known by a
proclamation, or public announcement. Each elector hands
to one of the inspectors a ballot, which is a piece of paper,
on which are written or printed the names of the persons
he votes for, and the title of the office to which each is to
be elected. Ballot, from the French, means a little ball, and
is used in voting. Ballots are of different colors; those of
one color signifying an affirmative vote; those of another
color, a negative vote. Hence, the application of the word
to the written or printed ticket now generally used in voting.
~ 4. If no objection is made to an elector's voting, and
the inspectors are satisfied that he is a lawful voter, the
ballot is put into the box; and the clerks enter his name on
the poll-list. If the inspectors have reason to suspect that
a person offering to vote is not a qualified elector, they may,
before receiving'his ballot, question him upon his oath in
respect to his qualifications as to age, the term of his residence in the state and county, ajnd his citizenship. Any
bystander also may question his right to vote. This is
called challenging. A person whose vote is thus challenged,
is not allowed to vote until the challenge is withdrawn, or
his qualifications are either proved by the statement of other
persons, or sworn to by himself.
~ 5. In the New England States, a list is kept of all per
sons in each town who, upon examination, have been ascertained to be duly qualified voters; and those only whose
names are thus registered are allowed to vote. Thus is
avoided much of the confusion and delay often caused in
other states, by the examination of voters at the time of
voting; and much illegal voting is prevented. Voters in
those states are also required to take what is called the
"elector's oath," in which they promise to be true and
fal;thful to the state and its government, and also to the




Chap. XII.J        STATE GOVERNMENTS.                55
constitution of the United States'; and to give their votes
as they shall judge will conduce to the best good of the
sane.
~ 6. After the polls have been closed, the box is opened,
and the ballots are counted. If the number of ballots agrees
with the number of names on the poll-lists, it is presumed
no mistake has been made, either in voting or in keeping
the lists. The number of votes for each candidate being
ascertained, a statement is made of the names of all the
persons voted for, and of the number of votes given for
each, and signed by the officers of election. This statement, or a copy of it, is deposited with the town clerk,
either to be kept on file, or recorded.  If the election is one
for the choice of town officers, it is there determined who
are elected, and their election is publicly declared.
~ 7. The election of county and state officers can not, of:ourse, be determined by the canvassers in the.towns. The
statement of votes given for the several candidates in each
town, is sent to the board of cxu-nty canvassers, who determine and declare the election of officers chosen for the
county. To determine the election of state officers, and
such others as are elected for districts comprising more
counties than one, a statement of the votes for the candidates for these officers is sent by the several boards of
county canvassers to the state canvassers at the seat of
government, who, from the returns from the several counties, determine and declare the election of these officers.
~ 8. In some of the states, voting at popular elections is
done openly, or viva voce. Viva voce means, literally, living
voice. In v6ting in this manner, the elector pronounces
the name of the person for whom he votes.
~ 9. In most of the states, the election of officers is effected by a plurality of votes. An election by plurality is when
the person elected has received a higher number of votes
than any other, though such -lumber should be less than a
majority of all the votes given. If, for example, out of
1,000 votes divided among. three candidates, one should
receive 450, another 300, and the third the remaining 250
votes; the first, having received the highest number, though
not a majority, would be elected. In the New England
states, a majority, that is, morie than half, of all the votes
given, is necessary to an election   Hence, the least nunm



f56               CITIZEN'S MIANUAL.         [Chap. XIIt
ber of votes out of 1000 by which a person can be chosen,
is 501. There are some exceptions to the majority principle in these states; certain officers being elected by plurality.
~ 10. Both these modes are liable to objection. Where
a simple plurality effects a choice; 1,000 votes may be so
divided upon three candidates, as to elect one of them by
334 votes; or, of four candidates, one may be elected by
251 votes. Thus a person may be elected who is the first
choice of but a small portion of the people of his district.
Artful politicians, -taking advantage of this mode of election, have sometimes secured the election of a favorite candidate by a small plurality of votes. An objection, to the
other mode is, that if no person receives a majority of all
the votes, a new election must be held; and sometimes
several unsuccessful trials are made before a choice is effected; thus subjecting the electors to much inconvenience,
and leaving offices for the time vacant.  Cases have occurred in which the people of a district have been for a long
time without a representative in the state pr national legisa
lature.
CHAPTER XIII.
STATE LEGISLATURES; HOW CONSTITUTED.
~ 1. THE legislature of every state in the union, is composed of two houses, a senate and a house of representatives. The latter, or lower house, in the states of New
York, Wisconsin, and California, is called the assembly;
in Maryland and Virginia, the house of delegates; in North
Carolina, the house of commons; and in New Jersey, the
general assembly. In most of the states, the two houses
are called the general assembly.
~ 2. The senate, as well as the other house, is a Tepresentative body; its members being elected by the people to represent them. Perhaps the reason why the lower
house is usually designated " the house of representatives,"
is, that under the colonial governments, this was the only




Chap. XIII.1         STATE GOVERNMENTS.               57
representative branch of the legislature; our present senate
being in the place of the old council, the members of which
were appointed by the king.  Or, as the members of the
lower house are, in most of the states, chosen for shorter
terms than senators, are more numerous, and consequently
represent smaller districts, they may be considered as more
fully and more immediately representing the people.
~ 3. Senators are chosen annually in the six New  England states and in Georgia. In the other states they are
elected for terms of two, three, or four years. In most of
the states in which senators are elected for longer terms
than one year, the senators are not all elected at the same
time; but are divided into classes; those of one class going
out of office one year, and another class another year; so
that only a part of the senators are elected every year, or
every two, three, or four years.
~ 4. The senate is sometimes called, by way of distinction, the upper house; being a nmore select body, composed
of men generally chosen with reference to their superior
ability, or to their greater experience in public affairs.
~ 5. Senators are differently  apportioned in  different
states. In some states they are apportioned among the
several counties, according to their population. In others
they are elected by districts; the state being divided into
as many districts as there are senators, and a senator being
chosen in each district, as at present in New  York. In a
few of the states, the senatorial districts being unequal in
size and population, more senators are apportioned to some
districts than to others.
~ 6. Representatives are, in most of the states, elected
annually, and are apportioned among the several counties
or districts, or (in the New England states) the towns, according to the number of inhabitants in each. In nearly
one half of the states, (including most of the southern and
western states.) representatives are elected, and sessions
of the legislatlrQ held every second year. The rules of
apportioning senators and representatives, are not the same
in all'the states.  (See Synopsis of State Constitutions in
the Appendix.)
~ 7. From the more rapid increase of populat~ion in some
counti-es or districts than in others, their proportional repre



58                CITIZEN'S MANUAL.           [Chap. XIV
sentation becomes unequal. It is therefore provided by
the constitution, that at the end of certain periods, the inhabitants of the state shall be numbered, and a new apportionment of senators and representatives made, according
to such enumeration, so that each county and district may
have its just proportion of senators and representatives.
The periods of time between the enumerations are not the
same in all the states, varying from four to ten years. An
enumeration of the people is usually called censms, which
among the Romans, meant the valuation of a man's estate,
and the registering of himself and his family.
~ 8. To be eligible to the -office of senator or representative, the constitution requires that a person shall have
resided in the state for a certain term of years. In most of
the states senators, and in some of them  representatives,
must be of greater age than twenty-one years; and in some
they are also required to be freeholders.
~ 9. If a senator dies, or resigns his office, before the
term expires for which he has been clected, the vacancy is
filled by the election of another person at the next election
of senators, or in such other manner as the constitution may
provide. But the person chosen to fill a vacancy, holds the
office only for the remainder of the term  of him in whose
stead he was chosen.
CHAPTER XIV.
ORGANIZATION OF LEGISLATIVE BODIES; PRIVILEGES OF
MEMBERS, &C.
~ 1. THE legislature composed of the senate and house of
representatives, meets as often as the constitution requires,
to consider the condition of the state, and to enact such
laws as may be necessary to promote the public welfare.
Meetings of the legislature are held at a place permanently
fixed by the constitution, or by act of the legislature; at
which place the principal state cfficers keep their offices
Hence it is called the seat of government, or more fre




Chap. XIV         STATE GOVERNMENTS.                 59
quently the capztal of the state. The building erected for
the accommodation of the legislature and other state officers;
is called the capitol.
~ 2. The two houses having assembled, each in its own
chamber, every representativeancl every new senator is required, before proceeding to business, to take the oath of
office, in which he solemnly swears that he will support the
constitution of the United States, and the constitution of his
own state; and that he will discharge the duties of his office
according to the best of his ability. All persons elected to
the more important and.responsible public offices, are re.
quired to take such oath. An loath is a solemn declaration,
in which the person appeals to God to bear witness to the
truth of what he declares.. Oaths are required because it
is presumed that persons under the obligation of an oath,
will be more likely to act conscientiously. Many, however,
even under these solemn obligations, discharge their duties
very unfaithfully. The faithful discharge of public duties
is best secured by the election of good men.
~ 3. The constitution declares what number of members
shall constitute a quorum.  Quor'mm means such number
of any body of men as have power to act. It seldoms happens that all the members of a numerous body can be present at the same time; constitutions therefore declare what
number of members of each'house shall constitute a quorum
to do business. In most of the states, a majority of all the
members constitutes a quorunm; in others, two-thirds. A
smaller number than a quorum, however, have power to
adjourn from time to time, and to compel the attendance of
absent members.
~ 4. All legislative bodies have certain rules of order for
doing business. The constitution allows each house to determine the rules of its own proceedings; and for the information of the public, each house is required to keep a
journal of its proceedings, and to publish the same, except
such parts as ought to be kept secret. And that persons
so desiring may witness its proceedings, the door. of each
house must be kept open, except when the public welfare
requires secrecy.
~ 5. To prevent any hinderance to the public business,
and to secure to thle people the services of their representatives, most of the state constitutions provide, that members




60                 CITIZEN'S MANUAL.            [Chap. XIV
of the legislature shall not, except for certain crimes and
misdemeanors, be arrested on civil process, or be in any
manner subjected to prosecutions at law, either during the
session of the legislature, or in going to or returning from
the same.  In some states, this privilege is enjoyed also for
several days before going and after returning.
~ 6. Each house has power to expel any of its members,
and punish its members and officers for disorderly behavior,
by imprisonment. And each house may also punish other
person' as well as its members, for contempt or insult offered
to the house; for disorderly conduct tending to interrupt its
proceedings; for publishihg false and malicious reports of
the proceedings, or of the conduct of the members; and for
sundry other offenses.
~ F. After the members have been sworn into office, they
proceed to the appointment of officers of their respective
houses. Each house elects one of its members as chairman, who is usually called speaker.  The lieutenalt-governor,
in states where there is one, presides in the senate, and is
called president of the senate. Ifn the absence of a presiding
officer, a temporary speaker or president is elected, who is
called speaker or president pro tempore; commonly abbreviated, pro tem., which is a Latin phrase, meaning for the tine.
~ 8. It is the duty of the person presiding to keep order,
and to see that the business of the house is conducted according to its rules.  And when a vote is to be taken he
puts the question, which is done by requesting all who are
in favor of the proposed measure to say " aye," and those
opposed to say "no;" and when a vote has been taken, he
declares the question to be carried or lost, as the case may
be. This part of a speaker's business is similar to that of the
chairman of an ordinary public meeting.
~ 9. Each house also chooses a clerk to keep a record or
journal of its proceedings; to take charge of papers, and to
read such as are to be read to the house; and to do such
other things as are required of him; a sergeant-att-arms, whose
duty it is to arrest members or other persons guilty of disorderly conduct, to compel the attendance of absent members, and to do other business of a like nature; also tone or
more door-keepers.  The officers m:lationed in this section are
not selected from the members of the house, but from the
citizens at large.




chap. XV].        STATE GOVERNMENTS.                 6
CHAPTER XV.
MANNER OF ENACTING LAWS.
~ 1. WrmH the two houses, having been duly organized,
are ready for business, the governor sends to both houses a
message, which is read to each house by its clerk. The governor exhibits in his message the condition of the affairs of
the state, and recommends such measures as he judges
necessary and expedient.
~ 2. Soon after the legislature has commenced its business, the committees of each house are appointed. A legislative committee generally consists of either three, five,
or seven members, who consider and act upon matters
intrusted or committed to them.  The committees are usually appointed by the presiding officer of the house, and
are numerous.  Some or all of the following committees
are appointed in the legislature of every state; a commit.
tee on finance, or the funds and other money matters of
the state; a committee on agriculture; a committee on
manufactures; also committees on the incorporation of
cities and villages; on banks and insurance companies;
on rail-roads; on canals; on education; and on sundry
other subjects.
~ 3. The object of appointing these committees is to expedite the business of the house. So great a number and
variety of subjects are presented for the action of the legislature, that they could not all be disposed of during the
session, if the whole house were occupied in the investigation of every subject. But as all the information necessary
to enable the house to act understandingly, may as well be
obtained by a committee composed of'a few men as by the
whole house, inquiries into many of these subjects may be
going on at the same time.
~ 4. Applications for the establishment of banks are referred to the committee on banks, to inquire into their
necessity; subjects relating to schools, are referred to the
committee on education; those relating to rail-roads, to the
committee on rail-roads, &c. Thus is every subject referred
to its appropriate committee. If at any time a matter arises




62                CITIZEN'S MANUAL.            [Chap. XV
having no relation to those subjects upon which standing
committees are appointed, it is usually referred to a select
committee, appointed for the special purpose of considering
such subject.
~ 5. The members of the several committees meet from
time to time during hours when the house is not in session,
to consider the matters referred to them. At the meetings
of a committee, any person wishing to be heard in favor of
or against a proposed measure, may appear before the committee for this purpose. Persons from all parts of the state
are usually in attendance, during the sessions of the legislature, to urge or oppose the passage of laws in which they are
interested.
~ 6. After due inquiry and consideration, committees make
their reports to the house. A report of a committee contains a statement of the facts that have been ascertained,
and of the reasons why the law prayed for ought or ought not
to be passed. If a committee reports against a measure, the
house generally dismisses the subject; if the committee
reports in favor of a measure, it usually brings in a bill
with the report. A bill is. a draft or form of an intended
law.
~ ]. Not all bills, however, which are brought before the
house, are reported by committees. Any member of the
house desiring the passage of a law, gives notice that he
will, on some futhre day, ask leave of the house to introduce
a bill for that purpose; and, at the time specified, if the
house shall grant leave, he may introduce the bill. But at
least one day's previous notice must be given of his intention to ask leave, before leave can be granted to introduce a
bill.
~ 8. A bill must go through many stages and forms of
deliberation before it can become a law; all of which it is
not deemed important to detail in this place. These forms
of deliberation and action are, with some unimportant exceptions, the same in all legislative bodies in the union.
Before a bill is passed, it must be read three times; but it
may not be read oftenzer than once on the same day
without the consent of the whole house, in some states; in
other's, three-fourths. or two thirds of the house. Nor (.an
it be altered or amended before its second reading.
i 9. After a bill has been read twice, it is referred to a




Chap. XV.J         STATE GOVERNMENTS.                 63
committee of the whole house, to be taken up for discussion
and amendment. When a horse resolves itself into a committee of the whole to consider a bill thus committed, the
speaker appoints another member to the chair, and the
speaker takes part in the debate, if he chooses, as an ordinary member. When either house is in committee of the
whole, the person presiding is addressed as "chairman."
When not in committee of the whole, the person temporarily
occupying the chair, is addressed as " speakler," or "president," as the permanent presiding officer would be addressed, if he were himself in the chair.
~ 10. After a bill has been fully discussed and amended,
it is proposed to be engrossed, and to be read on a future
day the third time. To engross a bill is to copyit in a
large, fair hand, after it has been amended in committee of
the whole. On the proposition to engross a bill for the
third reading; is the proper time for those opposed to the
bill to take their stand against it. If the question on the
engrossment and third reading of a bill is not carried, the
bill is lost, unless revived by a vote of the house to reconsider. But if the question to read a third time is carried,
the bill is accordingly read on a future day, and the question taken on its final passage. Further amendments are
sometimes made to a bill on its third reading.
~ 11. When the final vote is. to be taken, the speaker
puts the question:" Shall the bill pass?" and requests
those in favor of it to say " aye," and those opposed to say
"no."  If a majority of the members present vote in the
affirmative, (the speaker also voting,) the bill is passed; if
a majority vote in the negative, the bill is lost. Also if
the ayes and noos are equal, it is lost, for lack of a majority in its favor. In a senate where a lieutenant governor
presides, not being properly a member, he does not vote,
except when the ayes and noes are equal: in which case
there is is said to be a tie. He then determines the question by his vote, which is called the casting vote. In some
states, on the passage, of a bill, a bare majority of the members present voting in the affirmative is not sufficient to
pass it, unless every member happens to be present. The
constitution requires a majority of a1 the members elected to
each house.
~ 12. When a bill has passed one house, it is sent to the




64                CITIZEN'S MANCAL.            [Chap. XV,
other to be considered  and acted  upon in the same
manner; and if agreed to by that Louse also, without
alteration, the bill is passed. If a bill is amended in the
second house, it must be returned to the first, and the
amendments agreed to, or the bill is lost. Some bills are
sent several times from one house to the other with amendments, before they are agreed to by both houses.
~ 13. In a majority of the states, a bill, after it has passed
both houses, is to be sent to the governor to be approved
and signed by him, as in Great Britain bills passed by parliament, are sent to the king for his approval. In refusing
to sign a bill, he is said to negative or veto the bill.  (Chap. V.
~ 4.) No executive, however, in this country, has the
power of an absolute negative upon acts of legislation, as in
monarchies, where no laws can be enacted without the approval of the executive.  Our constitutions provide for the
enactment of laws, notwithstanding the veto of the governor;
hence he has only a qualified negative.
~ 14. If a governor refuses to sign a bill, he must return
it to the house in which it originated, stating his objections
to it; and if it shall be again passed by both houses, it will
be a law, without the -governor's approval. But in such
cases greater majorities are usually required to pass a law.
In some states, a majority of two-thirds of the members present
is required to pass a bill returned by the governor; in others
a majority of all the mezmbers elected to each house.  Or if the
governor does not return a bill within a certain number of
days, it becomes a law without his approval, or without
being considered a second time.
~ 15. It may be asked, Why should bills be sent to the
governor for his approval? For the same reason as that
for which a bill passed by one house is sent to the other.
Bills are sometimes passed hastily, and without due information. Legislatures are therefore divided into two branches; and a bill having passed one house is sent to the other,
where any mistakes may be detected, and the bill either
amended or rejected. But errors are sometimes committed
by both houses. Therefore to guard still more effectually
against the enactment of bad laws, it is provided that the
governor also shall examine bills. But asx it would be unsafe to invest any one man with an absolute negative upon
all.bills, the governor is required to return such as he does




Chap. XVI.J       STATE GOVERNMENTS.                 65
not approve, to be passed, if possible, in the manner prescribed by the constitution.
~ 16. To prevent sessions of the legislature fi-om being
protracted to an unnecessary length, a few state constitutions limit them to a certain number of days, or state the
number of days for which the members shall receive pay.
But the expediency of such a provision is doubted. Important measures are often hurried through without due consideration, or are arrested in their passage by an untimely
adjournment.
~ 17. The compensation of members of the legislature is
fixed by the constitution, in some states, in others by law,
and paid out of the treasury of the state.
CHAPTER XVI.
EXECUTIVE DEPARTMENT.-GOVERNOR  AND LIEUTENANTGOVERNOR; SUBORDINATE STATE OFFICERS.
~ 1. THE clhief executive power of a state is, by the constitution, vested in a governor. He is assisted in the administration of the government by several subordinate executive officers.  The governor is chosen at the general
annual election; in South Carolina by the legislature.
The terms of office are not the same ill all the states.
In the six New England states, the governor is chosen
annually; in the other states for different terms of two,
three, and four years.
~ 2. The qualifications of governors are also different in
different states. To be eligible to the office of governor,
a person must have been for a certain number of years a
citizen (in some states a native born) of the United States;
and for a term of years preceding his election a resident of
the state. He must also be above a certain age, whicn, in
a majority of the states, is at least thirty years; and in some
of the states he must be a freeholder..
~ 3. The powers and: duties of a governor are numerous.
Some of those usually mentionedl in a constitution are the




66                 CITIZEN'S MANUAL.          [Chap. XV' 1.
following: He sends to the legislature at the beginning of
every session, a message, containing a statement of the
general affairs of the state, and recommending  such
measures as he shall judge to be expedient. It is his
duty also to see that the laws are executed, and to transact all necessary business with the officers of government.
~ 4. A governor has power also to grant reprieves and
pardons, except in cases of impeachment, and in solde.
states, of treason also. To reprieve is to postpone or delay
the execution of the sentence of death upon a criminal. A
pardon annuls the sentence and exempts him from punishment. A governor may also commgate a sentence; which is
to exchange a penalty or punishment for one of less severity.
~ 5. The governor has power also, in some states, with
the consent of the senate, to appoint the higher militia
officers, and certain civil officers in the executive and judicial departments. In a few of the states, there are executive councils, whose advice and consent are required in
such cases. In making such appointments, the governor
nominates, that is, he names to the senate, in writing, the
persons to be appointed. If a majority of the senators present consent, the person so nominated is appointed. Many
other powers and duties are by the constitution devolved
upon the governor, as will be seen hereafter.
~ 6. The duties of a lieutenant-governor are not numerous. He is president of the senate, as has been stated, but
has only a casting vote therein. The principal object in
electing this officer seems to be, to provide a suitable person to fill the office of governor in case of vacancy. In
nearly one half of the states, the office of lieutenant-governor does not exist.
~?. When the lieutenant-governor acts as governor, the
senate chooses from its own number a president. And if
the offices of both the governor and lieutenant-governor
should become vacant, the president of the senate must act
as governor. In states where there is no lieutenant-governor, the duties of the governor, in case of vacancy, devolve
upon the speaker of the senate; and if the office of the
speaker of the senate also becomes vacant, then the speaker
of the house of representatives acts as governor.
~ 8. Among the executive officers who assist in the ad



Chap. XVI.]       STATE GOVERNMENT.                   6"
ministration of the government, there are in every state
either some or all of the following: a secretary of state; a
controller, or auditor; a treasurer; an attorney-general;
and a surveyor-general. The mode of appointment and Lhe
terms of office, are prescribed by the constitution or by
law. In some states, these officers are appointed by the
governor and senate; in others by the legislature; and in
others they are elected by the people. These officers keep
their offices at the seat of government of the state.
~ 9. The secretary of state keeps a record of the official acts
and proceedings of the legislature and of the executive departments, and has care of all the books, records, deeds of
the state, and parchments, and of all the laws enacted by
the legislature, and all other papers and documents required by law to be kept in his office.
~ 10. It is the duty of the secretary of state to see that
the laws are published.  He causes accurate copies to be
made of all the laws passed by the legislature, and published in one or more papers, as directed by law. And after
the close of each session of the legislature, he also causes
the laws to be printed and bound together in a' volume,
and distributed.  Copies of the laws thus bound, are deposited in the public offices of the state, for the use of the
officers of the government; and a copy is sent to each
county and town clerk, to be kept in their offices for the
use of the people who wish to examine the laws. Copies
are also sent to certain officers of the government; and one
or more copies are exchanged with each of the states, for
copies of their laws to be kept in the state library. Various other duties devolve upon the secretary of state.
~ 11. The state auditor, in some states called controller, manages the financial concerns of the state; that is, the business relating to the money, debts, land, and other property
of the state. He examines and adjusts all accounts and
claims against the state, and superintends the collectior
of moneys due the state. When money is to be paic.
out of the treasury, he draws a warrant (a written order)
on the treasurer for the money, and keeps a regular account
with the treasurer of all moneys received into and paid out
of the treasury.  He reports annually to the legislature a
statement of the funds of the state, and of its income, and
its expenditures during the preceding year.




68                  CITIZEN!S MANUAL.          Chap. XVI
~ 12. The treasurer has charge of all thle public moneys
that are paid into the treasury, and pays out the same as
directed by law. And he is required to keep an accurate
account of such moneys, specifying the names of the persons from whom received, to whom paid, and for what purposes. He also exhibits annually to the legislature a statement of moneys received and paid out by him during the
preceding year, and of the balance in the treasury.
~ 13. Auditors and treasurers, and other public officers
intrusted with the care and management of money or other
property, are generally required, before they enter on the
duties of their offices, to give bonds, in sums of certain
amount specified in the law, with sufficient sureties, for the
faithful performance of their duties. The  sureties  are
persons who become responsible to the state for all damages arising from neglect of duty on the part of the officers,
not, however,,exceeding the sum mentioned in the bond.
~ 14. The attoruey-general is a person learned in the law,
appointed to manage law-suits in which the state is interested. He prosecutes persons indebted to the state, and
ctalses to be brought to trial persons charged with certain
offenses.  He also gives his opinion on questions of law
submitted to him by the governor, the legislature, and the
heads of the departments. In some states, there is- no attorney-general; suits in which the state is concerned being
conducted on the part of the state by the state's attorney for
each county.
~ 15. The surveyor-general superintends the surveying and
selling of lands belonging to the state. He keeps in his
office map.s of the state, describing the bounds of counties
nnd towns; and when disputes arise respecting the bourn
daries, he causes surveys to be made, if necessary, to ascertain such bounds. These and other similar duties he is by
law required to perform.  In some states there is no surveyor-general, the duty of that office being devolved upon a
county officer.
~ 16. There is also, in mnany states, a state. superirntendent
of common schools, or as he is sometimes called, superintenzdent
ofptbldic instructioed, whose general duties are described in a
subsequent chapter.
~ 17. There are in every state one or more persons
employed to do the public printing. A printer chosen




Chap, XVII.]J     STATE GOVERNMENTS.
for this purpose, is called state printer.  It is his business
to print the journal, bills, reports, and other papers and
documents of each house of the legislature, and all the
laws passed at each session to be distributed by the sece
retary of state as the law requires.  State printers are
either chosen by the legislature, or employed by persons
appointed for that purpose; or the printing is let to the
person or persons offering to do it at the lowest prices.
Printers are required to give bonds, with sureties, for the
faithful performance of the work.
~ 18. There are sundry other officers in the service of the
state, properly called executive officers, among whom  are
the following: persons having the care of the Fpblic buildinlgs and other property of the state; a state librarian, who
has charge of the state library, consisting of books containing matter of a public nature, such as the laws of the state,
laws of the United States and of the several states, enacted
from year to year; together with a large collection of miscellaneous works; superintendents of state prisons, lunatic
asylums, and other state institutions; whose duties are indicated by their titles, and need no particular description.
I I APT  E R:XVII.
VOUNTIES AND COUNTY OFFICERS; POWERS AND DUTIES OF
COUNTY OFFICERS.
~ 1. THE necessity of dividing a state into small districts
of territory, has already been mentioned. (Chap. IX., ~ 13,
14.)  The first division is into counties; these again are
divided into towns. These territorial divisions are the same
as in England, the country from which the colonies were
chiefly settled.
~ 2. Counties in England were formerly districts governed
by colmnts or earls; hence the name of county. A county was
also called shire; and an officer was appointed by the count
or earl to perform certain acts in the principal town in the
county, which -town was called shire town, and the officer




70 Q               CITIZEN'S MANUAL.          [Chap. XVII
shire-reeve, or sherrif, whose powers and  Luties were cf (
nature similar to those of the sheriff of a county in thi'
country. The shire town is that in which the court-house
and other county buildings are situated, and where the
principal officers of the county administration transact their
business. In some counties there are two such towns, which
are called half-shires.
~ 3. Counties and towns are bodies corporate, or lodies
politic. A body politic, or corporation, is a number of per,
sons united and authorized by law to act under one name,
and as a single person, in the transaction of business.
Hence a community of people, united for the purpose of
government, is a body politic. Persons associated for any
purpose without being incorporated by law, are not called
a corporation. The object of incorporating an association
by law, is to give its members the power to make certain
rules for their government, and to enforce those rules; and
the power to sue and the capacity to be sued, and to hold
and sell property, as one person.
~ 4. Although the names of the officers of the county adl
ministration, and the distribution of power therein, are in
some respects different in the different states, the powers
and duties of these officers are nearly the same in all the
states. County- officers are generally elected by the people
of the counties at the general election.
~ 5. As a county possesses various corporate powers,
there must necessarily be among its officers some in whose
name these powers are to be exercised, and all acts and
proceedings by and against it are to be done. In some of
the New Englapd states, Ohio, and others, there is a board
of county comamissionzers, (usually three,) who exercise corporate powers. In New York and Michigan, these powers
are exercised by and in the name of the board of sitperqvisors,
which is composed of the supervisors of the several towns,
there being one supervisor in each town. This board of
officers has power also to examine and settle the accounts
against the county, and to order money to be raised to defray its expenses; to make orders or contracts in relation
to the building or repairing of the court-house, jail, and
other county buildings; and to perform such other acts as
the laws require.
~ 6. There is also a treasurer in each county, to receive




Chk,. XVII]        STATE GOVERNMENTS.                 71
and pay out the money required to be collected and paid
out in the county. There is also an auditor in some states,
to examine and adjust the accounts and debts of the county,
and to perform certain other duties. The duties of county
auditors, in their several counties, are similar to the duties.
of a state auditor. In states in which there is no county
auditor, his duties are in part performed by the county
treasurer, or some other county officer or officers.
~ 7. There is also a register or recorder, who provides suitable books, and records in them all deeds, mortgages, and
other instruments of writing required by law to be recorded.
In New York, and perhaps in some other states, the business of a register or recorder is performed by the count!J
dersk, who is also clerk of the several courts held in the
county, and who serves in the capacity of clerk or secretary
to certain boards of county officers. In some states, deeds,
)ortgages, &c., are recorded by the town clerks of the
s'everal towns.
~ 8. Another county. officer is a sheriff, whose duty it is
to attend the sittings of allicourts held in the county; to
execute all warrants, writs, and other processes directed to
him by the proper authority; to apprehend persons charged
with crime; and to take charge of the jail and the prisoners therein. It is his duty also to preserve the public
peace; and he may cause all persons who break the public
peace within his knowledge or viepw, to give bonds, with
sureties, for keeping the peace, and for appearing at the
next court to be held in the county, and commit them  to
jail if they refuse to give such bonds. In the performance
of these and other dulties, he is assisted by deputies.  Sheriffs are generally elected by the people.
~ 9. There are elected in each county one or more coroners, to inquire into the cause of the death. of persons who
have died by violence, or suddenly, and by means unknown.
Notice of such death is given to the coroner, who orders a
jury to be summoned, and witnesses subpoenaed, and repairs to the place of such dead person to inquire into the
cause and manner of the death.  Such examination is called a coroner's inquest. The fees of sheriffs and coroners are
fixed by law.
~ 1.0. In some states there is a county sarveyor, whose duties




CITIZEN'S MANUAL.        [Chap. XVIII,
within his county are similar in their nature to those of a
state surveyor-general.
~ 11. An attorney, elected or appointed for the purpose,
attends all courts in which persons are tried in the county
courts for crimes, and conducts all prosecutions for crimes
tried in such courts. In states where there is no attorneygeneral for the state, the prosecuting attorney for each
county serves in this capacity, in trials ih which the state
is a party. As all breaches of the peace, and all crimes,
are considered as committed against the state, and prosecuted in its name, this attorney is sometimes called state's
attorney.
CIA PTER XVIII.
TOWNS AND tOWN OFFICERS; POWERS AND DUTIES OF
TOWN OFFICERS.
~ 1. THE territories into which a county is divided, are
usually called towns. In some states they are called, and
perhaps more properly, townships; and the name of town is'given to an incorporated village, or a city. We shall, however, in this work, apply to these territorial divisions the
name of town.
~ 2. The people of the several towns meet once a year
for the election of town officers, and for the regulation of
certain town affairs. The electors of a town have power,
at their annual town meetings, to order money to be raised
for the support of the poor, for the building and repairing
of bridges, and for other town purposes; to make regulatitns concerning fences; to fix the compensation of town
officers in certain cases; and to perform such other acts as
come within the usual powers of towns.
~ 3. The principal officers generally elected in towns, are
the following: one or more persons who have the general
oversight and direction of town affairs, called by some
name corresponding to the nature of their duties; a town
clerk; one or more assessors; one or more overseers of
highways; overseers of the poor; officers to manage school




Chap. XVIII.]   STATE GOVERNMENTS.                   73
affairs; constables; collectors of taxes; treasurer; fenceviewers; pound-keepers, &c. In some states, there are
also sealers of weights and measures; persons to measure
and inspect wood, lumber, bark, and other commodities.
~ 4. The officers first mentioned in the preceding section,
are, in the New England states, called selectmen, of whoml
there are at least three, and in no state more than nine, in
each town. In Ohio, and perhaps a few other states, they
are called trustees of townships, and are three in number. In
New York and Michigan, there is in each town one such
officer, called supervisor.
~ 5. The powers and duties of these officers are more
numerous and extensive in some states than in others. They
have power to lay out roads, and lay out and alter road districts; and to do certain acts relating to roads, bridges,
taxes, common schools, the support of the poor, &c., and to
examine and settle all demands against the town. In some
of the states, however, some of these duties are in whole or
in part performed by other officers.
~ 6. The town clerk keeps the records, books, and papers
of the town; records in a book the proceedings of town
meetings, and the names of the officers elected at these
meetings, and such other papers as are required by law to
be recorded. In some states, deeds and other conveyances
are recorded by the clerks of towns.
~ 7. The duties of assessors and collectors relate to the assessment and collection of taxes, and are described in another
chapter.
~ 8. The persons having the general care and superintendence of highways, have power to lay out roads, and to lay
out and alter road districts; to assess the labor to be performed in the several districts; to pay out the money raised
for repairing bridges, &c. In some states, these duties are
devolved upon other officers.
~ 9. Each town is divided by the proper officers into as
many road districts as may be judged convenient; and a
person residing in each such district is chosen, called overseer or supervisor or surveyor of highways, whose duty it is to
see that the roads are repaired and kept in order in his district. In some states, a tax is laid and collected, sufficient
to keep in repair the highways, each person assessed being
allowed to perform labor or furnish materials to the amount
4




74                CITIZEN'S MANUAL.          [Chap. XfX,
of his tax. In Ather states, road taxes are assessed upon
the citizens in days' labor, according to the value of their
property; every man, however, being assessed at least one
day for his head, which is called a poll-tax. Persons not
wishing to labor, may pay an equivalent in money, which is
called commuting.
~ 10. It is the duty of overseers of the poor to provide for the
support of all poor and indigent persons belonging to the
town, who need relief, and have no near relations who are
able to support them.
~ 11. The principal duties of a constable are, to serve all
processes issued by justices of the peace in suits at law for
collecting debts, and for arresting persons charged with
crimes. The business of a constable in executing the orders
of a justice of the peace, is similar to that of a sheriff in relation to the county courts.
~ 12. The town treasurer receives all moneys belonging to
the town, and pays out the same as they may be wanted for
town purposes, and accounts yearly to the proper officers.
This office does not exist in all the states.
Q 13. The duties of fence-viewers relate chiefly to the settfling of disputes between the owners of adjoining lands'concerning division fences; the examining or viewing of fences
when damage has been done by trespassing animals; and
the estimation of damages in such cases.
For a particular description of the duties of town officers,
reference must be had-to the statutes of the several states.
CHAPTER XIX.
INCORPORATION AND GOVERNMENT OF CITIES, VILLAGES, &C.
~ 1. CITIEs and villages have governments peculiar to
themselves. It is evident that places containing a large
population, need a different government from that of ordinary towns or townships. Many of the laws regulating the
affairs of towns sparsely inhabited, are not adapted to a
place where many thousand persons are compactly settled




Chap. XIX.]     STATE GOVERNMENTS.                    5
Besides, the electors in such a place would be too numerous
to meet in a single assembly for the election of officers, or
foi other public business.
*  2. Whenevey, therefore, the inhabitants of any place become so numerous as to require a city government, they
apply to the legislature for an act incorporating them into
a city. The act or law of incorporation is usually called a
charter. The origin of this word has been given.  (Chapter
X. ~ 3.)  The word charter, in this country, is now commonly used to designate an act of the legislature conferring
powers and privileges upon cities, villages, and certain other
corporations.
6 3. The chief executive officer of a city is a 9mayor. A
city is divided into wards of convenient size, in each of
which are chosen one or more aldermen, (usually two,) and
such other officers as are named in the charter. The mayor
and aldermen constitute the commoin council, which is a kind
of legislature, having the power to pass such laws, (commonly called ordinances,) and make such orders. and regulations, as the government of the city requires. The mayor
presides in meetings of the common council, and performs
certain judicial, and numerous other duties. There are also
elected in the several wards, assessors, constables, collectors, and other necessary officers, whose ditties in their respective wards are similar to those of like named officers in
country towns.
~ 4. The people in cities, however, are not wholly governed by laws made by the common council. Most of the
laws enacted by the state legislature, are of general application, and have the same effect in cities as elsewhere. Thus
the laws of the state require that taxes shall be. assessed
and levied upon the property of.the citizens of the state to
defray the public expenses; and the inhabitants of the cities
are required to contribute their just proportion of the same;
but the city authorities impose and collect additional taxes
for city purposes.
~ 5. In cities there are also courts of justice other than
those which are established by the constitution or general
laws of the state. A court for the trial of persons guilty of
disturbing the peace, and of such minor offenses generally
as are punished by imprisonment in the county jail, exists
in cities, and is called a police comrt. It is held by a police jits



716               CITIZEN'S MANUAL.            [Chap. XIX.
tice, who is either elected by the people or appointed in such
manner as the law prescribes. In some of the larger cities,
there are courts of civil as well as criminal jurisdiction,
differing from those which are comnmvn to counties generally.
~ 6. The government of incorporated villages is not in all
respects like that of cities, The chief executive officer of
such villages is in some states called president. The village
is not divided into wards; the number of inhabitants being
generally too small to render such divisions necessary.
Instead of a board of aldermen, there is a board of trustees,
or directors, who exercise similar powers. The president of
a village is usually chosen by the trustees from their number. In Ohio, and some other states, incorporated villages
are called towns, and their chief executive officer is called
mayor.
~ 7. In some states, there is a general law under which
the inhabitants of any village may form themselves into such
corporation, with the necessary powers of government, without a special law of incorporation.
~ 8. Not only is every city, town, and county, a corporation, but the state itself, whose citizens are united for the
purpose of government, is one great corporation. The latter, however, is not formed by an act of the legislature as
other corporations are, but by the people themselves in establishing the constitution or political law of the state.
~ 9. Besides these territorial corporations, as counties,
towns, cities, &c., for purposes of government, there are incorporated companies for carrying on business of various kinds,
as turnpike and rail-road companies, and companies for purposes of manufacturing, banking, insurance, &c. These
several kinds of business, to be carried on extensively and
successfully, usually require a larger amount of money than
t single individual possesses. A number of persons therePore unite their capital, and ask for an act of incorporation,
granting them powers which they could not have in the
capacity of an ordinary business partnership. A more particular description of some of these corporations will be given
in another chapter.
~ 10. One of the characteristics of a corporation is, that
it is perpetual. An ordinary business partnership must end
on the death of any one or more of the partners.  Not -so.




Chap. XX.]         STATE GOVERNMENTS.;~,
with a corporation. When the persons who first composed
the corporation are all dead, the corporation is still alive;
for those who come after them have the same powers and
privileges.
CHAPTER XX.
ASSESSMENT AND COLLECTION OF TAXES.
~ 1. As no government can be maintained without es
pense, and as every citizen is in some way benefited by tht
government, it is the duty of all who are able, to contribute
to its support. Every government must therefore have the
power to provide the means of defraying its expenses. This
is done chiefly by taxation. Taxes are assessed and levied
principally upon the property of the citizens.
~ 2. All lands, and all personal property, are subject to
taxation, except public property; as the corporate property
of the state, of counties, and towns, including the buildings
in which the public business is done, the prisons, jails,
asylums, &c., and the lands attached to them.; also schoolhouses and meeting-houses with lands attached; burialgrounds; and the property of literary and charitable insti-:utions  these several kinds of property being exempt from
axation..Lands, real property, and real estate, have the same
meaning, and include'land, with all buildings and other
articles erected or growing thereon.  Personzal estate, or personal property, includes all household furniture, money, goods,
chattels, and debts due from solvent debtors.
~ 3. As each citizen is to be assessed in proportion tc
the value of his property, it is necessary, first, to make a
correct valuation of all the taxable property. For this purpose, the assessor or assessors pass through the town and
make a list of the names of all the taxable inhabitants, and
the estimated value of the property, real and personal, of
each; and returns of the same are made to the proper county
officers, who cause the tax list for each town to be made out,
and order the taxes to be collected.
~ 4. In some states, every person liable to taxation is




78               CITIZEN'S MANUAL.           [Chap. XY
himself required to furnish a list of all his taxable property;
printed blank lists having been previously distributed
among the taxable inhabitants for this purpose. To secure
accuraqy in the lists, the assessors (called also listers) may
require persons to make oath that they have made a true
statement of their property, real and personal, and of its
estimated value. In states where the polls of the tax payers
are assessed, these also are set down in the lists at such
sums as the law directs to be affixed to each poll.
~ 5.. Before a tax list.can be made out, it must be known
what amount is to be collected in each town. The amount
is made up of three parts: first, the sum wanted to defray
the expenses of the town; secondly, its share of -the county
expenses; and thirdly, its proportion of the expenses of the
state government, or of what is to be raised for state purposes.
~ 6. The apportionment of the state and county expenses
among the several towns, is made according to the amount
of property in each as valued by the assessors. The state
auditor or controller, having received firom the several counties returns of the aggregate value of the property of eaclh
county, is enabled.to apportion to each its quota of the
amount to be raised for state purposes. To each county's
share of the state expenses is added the sum to be raised for
county purposes, and the amount is apportioned among the
towns. Then adding to each town's share of the county and
state expenses, the amount to be raised for town purposes,
gives the amount to be collected in the town.
0 7. Having thus ascertained the sum to be raised in
each town, the officers whose duty it is, cause a tax list to
be made out, containing the names of all taxable persons
in the town, and the amount of each person's tax opposite
his name. The tax list of each town, certified and signed
by the proper persons, is put into the hands of the collector,
with a warrant ordering the same to be collected.
~ 8. In some states, town, county, and state taxes are, or
may be collected separately, and whenever they shall be
ordered by the proper authorities. In other states, however, the whole amount to be raised for state, county, and
town purposes, for the year, is made out in a single rate
bill. The money collected for county and state purposes,
is paid to the county treasurer, who pays to the stale




Elhap. XXI.     STATE GOVERNMENTS.'9
treasurer the amount of the state tax;,,and the remainder
is applied.to the payment of the county expenses. And
the amount collected for town purposes is paid to such
person~ in the town as are by law authorized to receive
the same.
CHAPTER X XI
THlE MILITIA.
~ 1. To defend a country against foreign enemies, and to
put down insurrections and rebellion against the govern
ment by its own citizens, it is the practice of governments
to keep their respective countries prepared for events of
this kind. For this purpose, men are required to meet
every year on certain days for instruction in the art of
war.
~ 2. All white male citizens of the United States, between
the ages of eighteen and forty-five years, are liable to do
rmilitary duty in the states in which they reside, except
such persons as are exempt by the laws of the state and of
the United States. Persons exempt by the laws of the state,
are usually the following: Ministers of the gospel; com%
missioned officers of the militia having served a certain
number of years; members of uniformed companies having
served for a specified term; members of fire companies;
certain public officers while in office; and in some states,
teachers and students of colleges, academies and common
schools; and a few others. Persons exempted by the laws
of the United States, are the vice-president and all executive and judicial officers of the government of the Unit ed
States; members of congress and its officers; custom-house
officers and their clerks; post-officers and drivers of mail
stages; ferrymen employed at ferries on post-roads; pilots
and mariners.
~ 3. It will be seen that the president of the United
States, and the governor of the state, are not mentioned
among the persois who are free from military duty. By
the constitution of the United States, the president is colm



80                 CITIZEN'S MANUAL.           [Chap. XXI
mander-in-chief of the army and navy of the United States;
and of the militia of the several states also, when called
out into actual service; and by the constitution of the
state, the governor is the commander-in-chief of the militia
of the state.
~ 4. Persons who, having been duly notified, refuse to
appear at military parades, or, appearing, are not equipped
as the law directs, are tried by a military court, called
court martial, consisting usually of three military officers,
or of such other persons as may be appointed according to
the law of the state. If the persons tried do not show good
cause for their delinquency, they are fined in such sum  as
the law prescribes. In certain cases, courts may consist
of more than three -rmembers.
~ 5. The highest militia officer next in rank to the governor, is the adjutanlt-general of the state; who keeps a list
of all the higher commissioned officers, containing the date
of their commissions, their rank, the corps they belong to,
the division, brigade and regiment, and the places of their
residence. He distributes all orders from the commanderin-chief to the several divisions; attends public reviews
where the commander-in-chief shall review the militia; and
obeys all orders from him relative to carrying into execution the system of military discipline established by law.
~ 6. There is also, in some states, a commissarql-general,
who has the care of the arsenals and magazines, and the
articles deposited in them. An arsenal is a building in
which are kept cannon, muskets, powder, balls, and other
warlike stores; all of which are to be kept in repair and
ready for use. The commissary also furnishes the officers
of the militia such articles as they are entitled to receive
for the use of their companies.
~ 7. There are persons who, believing all wars to be
wrong, can not conscientiously do military duty.  As it is
the object of our government to secure to every person
the liberty of conscience as well as other rights, the constitutions of the states provide, that those who are averse
to bearing arms, may be excused by paying annually a
sum of money as an equivalent for the service required by
law. But it may well be doubted whether compelling a
man to pay such equivalent is not itself a violation of the
rights of conscience. Persons conceiving it no less morally




Chap. XXI.]      STATE GOVERNMENTS                  81
wrong to commute for the service than to perform it, have
refused to do either, and have submitted to the forcible collection of the commutation money, and, in some instances,
even to imprisonment. Hence, in some states, all persons
belonging to the society of Friends, usually called Quakers,
are exempt without the pa)yment of an equivalent.
~ 8. By the laws of New York and Ohio, the rank and
file of the militia in these states are not required to train
in time of peace. Persons subject to do military duty,
except those connected with the uniformed cornpanies, are
enrolled in the militia; and instead of doing duty, they annually pay a small tax, which, in New York, is fifty cents,
and in Ohio fifty cents, or a day's highway labor.
~ 9. Laws abolishing trainings and musters of the great
body of the militia, are growing into favor, and for these,
among other reasons: first, the militia system produces no
material improvement in discipline; secondly, the time
spent in these useless exercises, and the money expended
for arms and equipments, are burdensome to many citizens;
and thirdly, there is no probability of a,n occasion requiring
a large portion of the militia to be called into immediate
service. The volunteer companies and the standing army
of the nation; are deemed sufficient for any supposable emergency.
~ 10. Happily, the practice of settling controversies between nations by war, is becoming less popular in civilized
and. Christian communities.  WVar is a fearful evil, and
ought to be discouraged, and, if possible, avoided.   TWere
governments so disposed, they might in most cases settle
their differences peaceably and honorably, as individuals do.
If the love of military honor were less encouraged, and the
principles of peace duly inculcated, the time would be
hastened when "nati )ns shall learn war no more."




82               CITIZEN'S MANUAL.          [Chap. XXII
CHA PTER  XXII.
EDUCATION; SCHOOL FUNDS; SCHOOLS, &C.
~ 1. The object of a good government is to promote the
happiness and welfare of its citizens. To protect them in
the enjoyment of life and the fruits of their labor, is not its
whole duty.'It should go further, and make express provision for improving the condition of the people, especially
the less favored portions of them.
~ 2. The prosperity and happiness of a people depend
essentially upon their education. In many of the eastern
countries, the people, for the want of intelligence, are degraded and miserable. Tlhey are governed by a despot,
who rules over them with great rigor. Such is their ignorance, that they know not that there could be any improvement in their condition: consequently, they could not govern themselves as the people of this country do. It is only
where the people are well educated, that a free government
can be maintained. Therefore, if we would secure a continuance of the blessings of good government, the advantages of education must be enjoyed by the citizens generally; and it is the duty of the government fo provide the
means for promoting the general diffusion of useful knowledge. The. states have accordingly instituted school systems for the instruction of children and youth of all classes.
~ 3. But the states do not all provide these means in the
same manner, nor to the same extent. In most of theim
the schools are supported only in part, in a few of them
wholly, at the public expense. In some states, a fund has
been provided, the income of which is annually applied to
this object. Afund, in general, is a sum of money used for
carrying on business of any kind. The money, or capital
stock, which a merchant employs in trade, is a fund. Also
the moneys and other property of a state, which are set
apart for paying the expenses of the government, or for the
construction of canals, roads, and other public improvements, are called funds. The interest of these funds, and
the income from other sources, are called the Srerenue.




Chap. XXII.]      STATE GOVERNMENTS.                 83
~ 4 In some states, school funds are provided by appropriating the public lands, which are lands owned by the
state as a corporate body; the proceeds of which, from
sales or rents, constitute a part or the whole of the school
fund, the interest of which is annually applied to the support of schools. If the income from the school fund is in.
sufficient for this purpose, the deficiency may, as is done in
some states, be supplied, in whole or in part, by taxation,
or from the state treasury. In several of the states, the
common schools are wholly supported at the public expense.
~ 5. Many of the new states have large school funds.
At an early period, while most of the territory from which
these states have been formed was yet the property of the
United States, and uninhabited, congress passed an act,
designating a particular section of land (number sixteen)
in every township, for the support of schools therein. By
this act, one-thirty-sixth part of the lands within each of
these states, has been thus appropriated, besides smaller
portions granted for the benefit of a university in each
state. These lands are in the charge of the proper officers,
who dispose of them, and apply the proceeds as the law
directs.
~ 6. The school funds of many of the states have been
largely increased by certain moneys received from the
United States. In 1837, there had accumulated in the national treasury, about thirty millions of dollars over and
above what was needed for the expenses of the government. By an act of congress, this surplus revenue was
distributed among the states then existing, to be kept by
them until called for by congress. Although congress reserved the right to recall the money, it was presumed that
it would never be demanded. That it never will be, is now
almost certain. Many of the states have appropriated large
portions of their respective shares for educational purposes.
From  its having been said to be only deposited with the
states, this fund is sometimes called the United States deposit fund.
~7. School moneys coiring from the state treasury, or
state fund, are usually apportioned among the several
towns of the state; and each town's share of the same,
together with what may be raised in the town by taxation,




84                 CITIZEN'S MANUAL.          [Chap. XXIL
or derived froml its school lands, is divided among the seve
ral districts according to the number of children between
certain ages in each, or in such other manner as may be
directed by law. If' the moneys thus received are insufficient to pay the wages of teachers, the deficiency is colb
lected from the persons whose children have been taught in
the schools, by rate bill.
~ 8. The towns, or townships, are divided into districts of
suitable size for schools, which are called district schools.
They are also called common schools, from their being supported by a common fund, and designed for the common
benefit; and perhaps also from the lower and more common
branches only being taught in them. One or more trustees
or directors are annually chosen to manage the affairs of the
district; also a district clerk, to record the proceedings of all
district meetings; andea collector to collect taxes assessed
upon the inhabitants for building and repairing schoolhouses, and all rate bills for the payment of teachers.
~ 9. The highest common school officer is the state superin.
tendent of common schools. The superintendent collects information relating to the schools; the number of children residing in each district, and the number taught; the amount
paid for tuition; the number of school-houses, and the amount
yearly expended in erecting school-houses; and other matters concerning the operations and effects of the common
school system. If there is no other officer whose duty it is,
the superintendent also apportions the money arising from
the state funds among the several counties.  He reports to
the legislature at every session the information he has collected, and suggests such improvements in the school system as he thinks ought to be made.
~ 10. There is in each county an officer who receives from
the state superintendent the money apportioned to his county, and apportions the same among the several towns of the
county. He also reports to the state superintendent the
mernber of children in the county; and performs such other
duties as the law requires. In some states, there is no such
officer; but the money is apportioned by the state superintendent among the towns; and the reports from the towns
are made directly to the state superintendent.
~ 11. In the towns there are officers whose duties are, to
examine teachers, visit schools, apportion the school moneys




Chap. XXIII.]     STATE GOVERNMENTS.                85
among the districts, and to collect the lists of the number of
children in the several districts, with such other information
as the law requires, and report the same to the county officer, or if there is none, to the state superintendent. In
some states, there is in each county an officer, or a board of
officers, for the examination of teachers, and for the performance of certain other duties relating to the schools of the
county.
~ 12. Academies and colleges also receive aid from the
state, to a limited extent. A distinct fund is created in
some states for their benefit; in others, they are aided by
special appro'iriations from the state treasury.
CHAPTER  XXIII.
CANALS; RAIL-ROADS, &C.
~ 1. IN further carrying out the purposes of government,
provision ought to be made to secure to the'citizens the
means of obtaining a suitable reward for their industry. As
all must contribute to the support of the government from
the avails of their labor, the government ought, by all just
and proper means, to render the labor of all, as nearly as
may be, equally profitable.
~ 2. The people of a large state do not allR possess equal
advantages. Those who reside near navigable waters and
good roads, are better rewarded for their labor than others
who reside at a greater distance from them. A farm in the
vicinity of a good market, may possess double the value of
another of equal size and fertility, in a remote part of the
state; because a large portion of the value of the products
of the latter is expended in transporting them to market.
And those who reside far in the country must also pay
higher prices for the goods they purchase, to remunerate
the merchants for the cost of transportation.  Hence the
necessity of good roads, canals, or other means of facilitating intercourse between distant parts of the state.
~ 3. Among the works of public utility, canals are perhaps the most useful, and are to be preferred wherever their




CJ6               (CITIZEN'S MANUAL.        -[Chap, XXIII
construction is practicable. Cansals are sometimes constructed by incorporated companies; but generally these
works, especially those of considerable magnitude, are constructed by the state, and are the property of the state.
Although there are some states in which there are no canals
of the latter description, it may be interesting to young
persons to know how so importait a state work is accomplished.
~ 4, To raise the money necessary to- make a canal, the
legislature might levy a general tax upon the property of
the citizens; but this would be inexpedient; because, first,
the payment of so large a sum within the time in which it
would be desirable to complete the work, would be burdensome; and secondly, the burden must fall alike upon the
people of all parts of the state, whereas those residing most
remotely from the line of the work, would derive from it iio
material advantage.
~ 5. When, therefore, a great work of this kind is undertaken by a state, the law authorizing the work usually provides a fund, the income of which is to be applied to this
object. This fund consists of such lands, property, and
moneys as the legislature may grant for this purpose. A
fund was thus constituted in Ohio, at the commencement of
the canal enterprise in that state; to which fund congress
subsequently made a grant of 840,000 acres of the public
lands of the United States lying in that state. Similar grants
of land in other western states, have, it is believed, been
made for canals or other public improvements.
~ 6. These funds, however, furnish but a part, some of
them only a small part, of the money necessary to complete
the work: and all the states undertaking public improvements, may not have the lands or other property to constitute such a fund. The state, therefore, obtains the money,
chiefly or wholly, by borrowing the same for a long term of
years, relying on the income of the canal fund, and the proceeds of tolls collected on the canals when completed, to
repay the cost of their construction. Should the income of
the canals and canal fund prove insufficient, the defici incy
may be supplied by taxation. The original cost of the Erie
canal in the state of New York, completed in 1825, was
reimbursed by the revenue arising from tolls and the canal
fund, about ten years after its completion, without the




Chap. XXIII.]     STATE GOVERNMENTS.                 8
necessity of taxation; andits enlargement now in progress,
(1858,) at a cost of nearly $25,000,000, will, it ig presumed,
be ultimately reimbursed in the salme manner.
~ 7. The business of borrowing the money is done, on the
part of the state, by persons duly authorized, who give for
the money borrowed the bonds of the state, which are written promises to pay the money at the time specified, with
interest at the rate agreed on; the interest generally to be
paid semi-annually. These bonds are usually given in sums
of $1,000 each. The debts of a state thus contracted by
issuing bonds, are called state stocks, as the capital or stock
required to construct any state work, is obtained by the
sale of these bonds. These bonds, like the certificates of
stock in a rail-road or turnpike company, are transferable,
and may be bought and sold as promissory notes, and constitute an important' article of trade.
~ 8. These stocks are taken by men who have large sums
of money to lend, and who consider the state a responsible
debtor; because, if it has no other means of paying its
bonds, the legislature has power to raise the money by
taxation.  Most of the states have contracted debts in this
manner for various purposes; and many of them are largely
indebted, not only to American capitalists, but to those of
European countries, whence many millions have been sent
to the'United States to purchase state stocks.
~ 9. Officers are appointed according to law to manage
the canal fund, and others to superintend the canals. There
are also officers at suitable distances along the canals to
collect the tolls, which are charges paid by the masters or
owners of boats for the use of the canal.
~ 10. The states of New York, Pennsylvania, Ohio, and
some other western states, have prosecuted the canal enterprise on a large scale. And although large debts have
been incurred by the construction of these canals, the benefits derived from them more than compensate for the vast
expense of their construction.
~ 11. Rail-roads are constructed by companies incorporated for that purpose. The necessity for an act of incorporation is readily seen. Rail-roads pass through the lands
of private individuals; and without the authority of law,
the land of no person can be taken for such purpose; nor
can a law authorize it to be taken unless the work is one of




88                 CITIZEN'S MANUAL.        [Chap. XXIII
public utility; nor even in such case, unless compensation
is made to the owner for his land; for it is declared by the
constitutions of the several states, that " private property
shall not be taken for public use without just compensation."
~ 12. If; therefore, the legislature deem such road to be
of public utility, they incorporate the company with the
requisite powers to construct the road, on making compensation for the land, the value of wkich is to be estimated in
such manner as the law prescribes. The law also prescribes
the manner in which the general affairs of the road are to
be conducted.
~ 13. The amount of capital to be employed by the company, is mentioned in the act, and is raised in this way:
The amount of capital, or stock, is divided into shares of $50
or $100 each. Persons wishing to invest money in the road,
subscribe the number of shares they will respectively take.
When all the shares are thus sold, and the money is paid in,
the company is ready to proceed to the construction of the
road. The owners of these shares are called stockholders,
who choose from among themselves such number of directors
as the act of incorporation authorizes. The directors elect
from their number a president.
~ 14. A person buying shares, receives a certificate
signed by the proper officers, stating the number of shares
he has purchased. The holder of these certificates, if he
wishes to make some other use of the money be has
invested in the business, may sell his stock to some other
person, to whom he passes his certificate, which is evidence
of the amount of stock so purchased. Thus these certificates are bought and sold as promissory notes.
~ 1'5. Stockholders depend, for the reimbursement of their
capital, upon the money to be received for the transportation of passengers and freight. Such portion of the income
of the road as remains after paying all expenses of running and repairs, is divided semi-annually among the stockholders. Hence the sums thus divided are called dividends.
The returns from some roads are so large as to make the
investment a profitable one; so that the holder of shares is
enabled to sell them at a profit. When shares in the stock
of any institution are bought and sold at their nominal
value, stocks are said to be at par. If above or below the
nominal value, they are said to be above or below par. In




Chap. XXIV.]     STATE GOVERNMENTS.                  89
large commercial cities, as\New York, Boston and Philadelphia, the purchase and sale of stocks in rail-roads, banks,
insurance companies, &c., is a regular and extensive business of capitalists.
CHAPTER XXIV.
BAiNKS AND INSURANCE COMPANIES.
~ 1. WE are informed that the first institution of bank.
was in Italy, where certain Jews kept benches in the market places for the exchange of money and bills; and banco
being the Italian name for bench, banks took their title
from this word. The first banks are supposed to have been
only places where money was laid up or deposited for safe
keeping. But banks at the present day are not used for
depositing alone.
~ 2. Banks in this country can be established only by
authority of law. If the inhabitants of a place want a
bank, they petition the legislature to incorporate a banking association. The act of incorporation prescribes the
manner in which the company shall be formed, how its business shall be done, and the amount of capital or stock to
be employed. The capital of a bank is raised by the sale
of shares and issue of certificates, as in the case of railroads, (Chap. XXIII, ~13, 14.)
~ 3. The stockholders elect of their number, usually thirteen directors, who choose one of themselves to be president. The president and directors choose a cashier and
clerks.
~ 4. A part of the business of banks is still that for
which they were originally established, namely, the receiving of money on deposit. Merchants and others in commercial places, deposit in a bank, for safe-keeping, the money
they receive in the course of business, and then draw it out
on their written orders as they have occasion to use it. An
order of this kind is called chedc. Persons depositing money
only occasionally, and intending to draw for the same at




90                CITIZEN'S MANUAL.        [Chap. XXIV
once, usually receive from the cashier a certificate of deposit,
which states the name of the depositor, the sum deposited,
and to whose order it is to be paid. For the use of money
deposited for any considerable period, banks agree to pay
interest, usually, however, less than the established or
ordinary rate. Certificates of deposit may, by indorsement, be made transferable as other negotiable paper, and
are often remitted to distant places, where, by presentation
at a bank, they may, for a trifling compensation, be converted into money.
~ 5. Another kind of business done by banks is, to assist
merchants and others in transmitting money to distant
places. An operation of this kind is performed thus: A,
in Boston, wishing to send $1,000 to B, in Philadelphia,
puts tile money into a bank in Boston, and takes for it an
order, or draft, on a bank in Philadelphia, for that amount,
to be paid to B. The draft is sent by mail to B, who calls
at the bank and receives the money; and the bank charges
the amount to the Boston bank.
~ 6. But hdw does the bank in Philadelphia get the money
from the bank in Boston? There are in Philadelphia business men who have occasion to remit money to Boston, and
who pay their money into the Philadelphia bank, and take
drafts on the bank at Boston. The banks at both places
are constantly receiving money and drawing upon each
other. Thus the transmission of millions of dollars may
be performed every year through the banks, without any
expense except the small charge of the banks for transacting the business: and a vast amount of travel, and the
risk of loss by accident or robbery, which attends the con.
veyance of money in person, are avoided.
~ 7. A material part of the business of banks is to lend
money. A person wishing to borrow money at a bank,
makes a note for the sum wanted, which is signed by himself, and indorsed by one or more others as sureties. For
this note the cashier pays the money, usually in the bank's
own bills, retaining the interest on the sum so lent, instead
of waiting to receive it when the note becomes due. This
is called discounting a note.
~ 8. Banks are allowed to issue their own bills as money.
A bank bill or note contains a promise to pay the bearer a
certain sum on demand, and is signed by the president




Chap. XXIV.]     STATE GOVERNMENTS.                  91
and cashier. It passes as money, because the bank' is
bound to pay it in specie, -if it is demanded. Paying notes
thus is called redeeming them. When a bank is unable to
redeem all the bills it has issued, it is said to -fail, or to be
broken. In such case, the bill-holders suffer. loss, unless
some security has been provided.
~ 9. Forlthe security of bill-holders, the stockholders of
banks are, in some states, made individually responsible
for the redemption of their bills; that is, their individual
property is liable to be taken for that purpose. In a few
states, safety funds have been provided for redeeming the
bills of broken banks. A yearly tax is levied upon the
several banks of the state, until a sum has accumulated
which is deemed sufficient to meet all supposable failures.
When this fund has been exhausted, it is replenished by
renewed, taxation.
~ 10. But a system of banking, called free banking, has
more recently been adopted in some states. This system
is designed to provide more effectually for the security of
bill-holders, and throws open the business of banking to
all, by a general law. Any person, or any number of persons, may, by complying with the conditions of this general
law, establish a bank without a special law for this purpose. Persons, before commencing business under this law,
are required to put into the hands of the proper state
officers, ample securities for the redemption of their bills;
and they may not issue bills to a greater amount than the
amount of their securities. These securities must consist
of approved state stocks, or United States' stocks, or partly
of public stocks and partly of real estate. When a bank
fails, the lands and stocks held in pledge by the state are
sold, and the avails applied to the redemption of bills. This
system of banking seems to be. growing into public favor.
~ 11. Insurcance companies also are authorized by law. -Their
business is to insure persons against loss by fire. The corporators, on being paid a small sum, consisting of a certain per centage on the amount for which the property is
insured, agree to pay such amount if the property shall' be
destroyed by fire. There are companies also for insuring
ships and other vessels at sea; and life insurance companies,
that agree to pay, in case of the death or the person insured,




X92              CfITIZE1W-S U MANUAL.       [Chap. XMIV
a certain sum for the benefit of his family, or of some other
person or persons named in the -policy.
~ 12. The profits to the stockholders of an insurance company, consist of the excess of premiums received over the
amount paid out for losses. Thus, if a company has issued
2,000 policies, each covering property of an average amount
of $1,000, the amount of risk is $2,000,000; and if the rate
of insurance is one per cent., the amount received in premiums is $20,000. Hence, if none of the 2,000 buildings insured are burned within the year, this sum is gained. If
ten of them should be burned, the gain would be $10,000
less. If twenty should be destroyed, there would be no
gain, but an actual loss to the amount of the necessary expenses of the concern, to be paid out of the capital stock of
the company.
~ 13. But from the average number of losses annually
during a' long course of years, companies are enabled so to
fix the rates of insurance, as to secure to the stockholders
a fair profit on their capital. The rates of insurance are
not the same on all property; a higher per centage being
charged on that which is deemed hazardous; that is, more
exposed to fire, than is charged on that which is less exposed. The profits on the business of the company, are
annually or semi-annually divided among the stockholders
in proportion to the amount of their respective shares, and
are called dividends.
~ 14. There is another kind of insurance companies,
which differ materially from the stock companies described
in the preceding sections. They are called mutual insurance
companies. They are so called because the members unite
in insuring each other, Every person having his property
insured by such a company, is a member of it. He has his
buildings and the property in them valued; and he pays a
certain rate per cent. on such valuation. A fund is thus
raised, out of which any member suffering loss by fire is
paid the value of the property lost. Whenever the fund is
exhausted, it is again supplied by a tax assessed upon the
members in proportionto the value of each o-le's property
insured.




Ohap. XXV.]      STArE GQVETRNMENTS.                 93
CHIAP iER  XXV.
JUDICIAL DEPARTMENT; JUSTICES' CIURTS.
~ 1. IN the preceding chapters it has been shown how
the laws of the state are made, and how the government is
administered; and also what are the powers and duties of
officers in the legislative and executive departments of the
government. There is another class of officers, whose powers and duties remain to -be described, called judicial officers.
Their business is to administer justice to the citizens; and
when sitting for that purpose, they are called a court.
~ 2. It is the legislature of the state which determines
what acts shall be deemed public offenses, and what shall
be considered right and just between the citizens; but to
judge of and interpret the laws, and decide whether they
have been violated, and to determine the proper measure
of justice, is, as has been observed, wisely committed to a
separate and distinct department. (Chapter IX, ~ 8.)
~ 3. A government without some power to decide disputes, to award justice to the citizens, and to punish crime,
according to the laws of the state, would be incomplete. It
would be improper to allow every man who thinks himself
injured to be judge in his own case, and to redress his own
wrongs. Justice is best secured to thle citizens by establishing courts for the redress of injuries, and for the punishment of crimes; and that no injustice may be done to any
member of the community, constitutions require, that in all
cases of crime, however openly committed, the offender
shall have a fair and impartial trial.
~ 4. There are several courts in each state.  Some are
of a higher, others of a lower order: by which is meant,
that some have greater jurisdiction than others. In speaking of the jurisdiction of a court, reference is had to its
power to pronounce the law. The word jurisdiction is composed of two Latin words, jus, law, or juris of the law,
and dictio, speaking; hence juris dictio, a speaking or pronouncing of the law. The jurisdiction of a court therefore
means its power to determine questions in law.




94                 CITIZEN'S MANUAL           [Chap. XXV
~ 5. Some courts have power only to try civil causes;
others have jurisdiction in causes both civil and criminal.
Some have jurisdiction in cases arising in any part of the
state; others only in cases arising within the county. As
most suits at law are tried in justices' courts, and as cases
may be carried up from them to the higher courts, we will
begin with the lowest and proceed to the highest.
~ 6. fJstices' Comrts. Justices of the peace are in most
of the states elected by.the people in the towns; but their
jurisdiction extends throughout the county. Justices of
the peace usually have power only to try civil causes in
which limited sums are claimed, and criminal causes in
which the lowest offenses are charged. Causes are called
civil, when money is claimed; criminal when persons are
tried for crime. Causes, actions, and suits, are words
generally used to signify the same thing, meaning prosecutions at law, or lawsuits. The party that sues is called
plaintiff; the party sued is the defendant.
7 7. Actions may be commenced by the parties going
voluntarily before a justice; but this is seldom  done.
They are generally commenced by compulsory process.
Process sometimes means the whole course of proceedings
in a suit, from the beginning to the end. It also denotes
a particular stage of the proceedings, as the original or comnzencing process; the mesne (pronounced mant) process, intervening between the beginning and the determination of a
suit; and the final process, or process of execution. The
word is applied to the written instruments issued by judicial officers to enforce proceedings at law. The process by
which a suit is commenced, is a writ, or summons; and the
action is considered commenced, when thet.summons is delivered to the constable.
~ 8. A summons issued by a justice of the peace, is addressed to a constable of the town, in some states to any
constable of the county, commanding him to summon the
defendant to appear before the justice on a day and at an
hour specified, to answer the plaintiff in a suit, the nature
of which is mentioned in the summons. If the defendant is
found, the constable serves the summons by reading it;
and if the defendant requests it, the constable must give
him a copy of it. If he is not found, a copy must be left at
his place of abode, with some one of the family of suitable




Chap. XXV.]      STATE GOVERNMENTS.                 95
age. The constable returns the summons to the justice, at
or before the time named for trial, with an indorsement on
the back of it, stating the time it was served, and also
whether personally served, or served by copy.
~ 9. Either party may appear in person, or by attorney, a
person appointed to answer and act for him. When parties
have appeared and answered to their names, they make
their pleadings; that is, the plaintiff declares for what he
brings his suit; and the defendant declares the nature of
what he has to offset against the plaintiff's demand, or pleads
payment, or denies the demand altogether. These acts of
the parties are called joining issue.
~ 10. The declaration of a party is not taken as evidence
in his own favor in a court of justice: he can not establish
a fact without witnesses. The justice, therefore, at the request of either party, issues a subpena, which is a writ commanding persons to appear and give evidence. Subpenas
may be served by a constable or other person, who must
pay, or tender to the witness, the legal fee for a day's attendance, or the witness is not obliged to attend.
~ 11. If a person duly subpenaed, whose testimony is
material, does not appear, the justice may issue an attachment, commanding the constable to bring the witness before
the court; and the witness may be charged with the fees of
the constable and justice, or fined in some other way, as the
law provides, unless he shall show good cause for not attending. Also a witness who, without a reasonable excuse,
does not appear, or appearing, refuses to testify, may be
fined by the justice, and is liable to pay the damage sustained by the party in whose behalf he was subpenaed.
~ 12. At the time of trial, the justice proceeds to try the
issue. The witnesses are sworn to testify truly to what
they know; and after hearing the testimony on both sides,
the justice decides according to law and equity, as the right
of the case may appear. If al defendant does not appear at
the time of trial, the justice may hear the proofs and allega.
tions of the plaintiff, and determine the case according to
what shall be made to appear by that party alone. If anything is found to be due to either party, the justice enters
judgment against the party indebted, for the amount due
the other, with the costs of suit, which consist of the fees
of the justlice, constable and witnesses. If nothing is found




96                OITIZEN'S MANUAL.          [Chap.XXVI
to be due the plaintiff, judgment is entered against him for
the costs.
~ 13. If at the time of joining issue, the parties, or either
of them, for want of material witnesses, or for other suffi
cient reasons, can not safely proceed to trial, the justice may
adjourn the trial to a future day.
~ 14. A plaintiff may discontinue or withdraw his action
before judgment is rendered; in which case the justice
enters judgment of zonsmit, which means a stoppage of the
suit. A plaintiff is also nonsuited for not appearing when
his name is called in court at the time appointed for trial,
or for some other default.. In all cases of nonsuit, and also
when a trial is had and no cause of action is found, judgment is rendered against the plaintiff for costs.
~ 15. A debtor may avoid the expense of a lawsuit, by
confessing judgment. The parties go before a justice, and
the debtor acknowledges the claim of the creditor, and
(consents that the justice enter judgment accordingly.  In
some states, the confession and consent must be in writing,
and signed by the debtor. The sum for which judgment
may be confessed, is limited by law.
CHAPTER XXVI.
TRIAL BY JURIES; COLLECTION OF JUDGMENTS; APPEALS.
~ 1. ONE of the most valuable privileges enjoyed by the
people of this country, is the right of trial by jury. A justice may be suspected of partiality or incompetency; or it
may sometimes be deemed unsafe to submit a cause to the
judgment of a single individual who enjoys in a high degree
the public confidence. Our constitutions therefore guaranty to every citizen the privilege of having a jury to try
a cause to which he is a party.
~ 2. A jury is a number of men who sit on a trial, and
are sworn to try a matter of fact, and to declare the truth
according to evidence. This declaring of the truth is
called verdict, which means a true saying. A jury in a jus.




Chap. XXVI.J     STATE GOVERNMENTS.                  9T
tice's court consists of six men, all of whom must agree in
their verdict.
~ 3. The manner of selecting the jurors is prescribed by
law, and is not the same in all the states. After issue is
joined, and before testimony is heard, either party may demand of the justice that the cause be tried by a jury.
Whereupon the justice issues a ve'ire, which is a writ or
precept commanding a constable td summon such number
of duly qualified men as the law directs, to appear before
the justice to niake a jury to try the cause between the
parties named in the venire.  As is the practice in some
states, a greater number than six is summoned, and from
that number the six are drawn who are to constitute the
jury. In some states, freeholders only are lawfully qualified to serve as jurors.
~ 4. After hearing the proofs and arguments on both
sides, the jurors are put under the charge of a constable,
who is sworn to keep them in some convenient place, without meat or drink, except such as the justice may order,
till they agree on their verdict, or till discharged by the
justice; and not to allow any person to speak to them
during such time, nor speak to them himself, except by
order of the justice, unless to ask them  whether they have
agreed on their verdict. When they have so agreed, they
return, and deliver the verdict, in open court, to the justice, who enters judgment according to the finding of the
jury. If the jurors do not all agree after having been out
a reasonable time, they are discharged; and a new venire
is issued, unless the parties consent that the justice render
judgment on the evidence. Persons summoned as jurors
ilay be fined for not appearing, or for refusing to serve.
~ 5. After a judgment has been rendered, the justice
issues an execution, which is a writ commanding the constable to collect the amount of the judgment, and, if necessary,
to take and sell the goods and chattels of the debtor, and
make returns to the justice within the time required. If
the money can not be collected, the execution is returned
as not satisfied. A justice of the peace can not issue an
execution against real estate. If a constable, through negligence, fails to collect a judgment as required by the execution, or if he neglects t- return the execution to the justice within the time mentioned therein, the constable himn0




98                CITIZEN'S MANUAL.          [Chap. XXVI,
self and his sureties become liable to pay tne amount of
the judgment.
~ 6. There are certain articles of personal property which
are exempt from execution, and which poor men are allowedto retain for the use and comfort of themselves and their
families; such as necessary household furniture, apparel,
beds, and the tools or implements of trade. Besides reserving these articles of personal property, the law, in many
states, exempts from execution a house and lot of limited
value. The practice, once generally prevalent in this country, of imprisoning debtors who were unable to satisfy executions, has been abolished, except for fines and penalties.
~ 7. The foregoing description of the proceedings of a
justice's court is that of a prosecution in ordinary cases.
But there are other modes of prosecution in certain cases,
one of which is by attachment. An attachment is a writ directing the property of a debtor to be taken, and kept till
a trial can be had, and judgment obtained. This mode of
proceeding is adopted when the plaintiff has reason to believe that a debtor conceals himself to avoid being prose.
cuted by summons, or is about to remove his property or
himself from the county, or intends in some other way to
defraud his creditors.
~ 8. In case of an absent or concealed debtor, tile constable, as is the common practice, leaves a copy of the
attachment, with an inventory of the property attached, at
the defendant's last place of residence; or, if he had none
in the county, the copy and inventory are to be left with
the person in whose possession the property is found. If
the defendant does not appear on the day of trial, the plain.
tiff may proceed to prove his demand, and take judgment.
An execution is then issued against the property attached.
~ 9. Appeals. If either party is dissatisfied with a judgment rendered in a justice's court, he may have the cause
removed to the county court. In some states, there are
certain cases in which no appeal from a justice's court is
allowed. When the removal is made.by appeal, the whole
cause is removed; the witnesses again give their testimony; and the facts are submitted for a rehearing. When
a cause is removed by a writ of error, the witnesses are not
required to attend the trial in a higher court. The substance of the testimony and proceedings before the justic;e




Chap. XXVII.]     STATE GOVERNMENTS.                   99
is produced before the court, and upon this tile judges give
judgment, as the right of the case may appear.  If they
*decide the judgment of the lower court to be correct, they
are said to affirm such judgment; but if they find it wrong,
they reverse it.
CHAPTER XXVII.
COURTS OTHER THAN JUSTICES' COURTS.
~ 1. THERE is in every county a court, called cou'nty court,
or court of common pleas, consisting of one or more judges,
elected by the people of the county, in most of the states,
in others, appointed either by the legislature, or by the
governor, with the advice and consent of the senate. In
this court are tried civil causes in which are claimed sums
of greater amount than a justice of the peace has jurisdiction of, and the lower crimes committed in the county.
Also causes removed by appeal or otherwise from a justice's
court, are tried in this court.
~ 2. There are other courts having different names and
jurisdiction in different states; -as circuit court, superior
Court, supreme court, and court of appeals. A  circuit court
seems to derive its name thus: A state is divided into judicial districts, and one of the judges of the supreme court
or some other judge or judges, go from county to county,
holding a court once a year, or oftener, in each of the counties composing a judicial district.  A part of the business
of this court is to try appeals from  the county court, and
such of the higher crimes as a county court has not the
power to try. Courts in which crimes are tried, are sometimes called courts of oyer and termniner.
~ 3. Every county court, and every circuit court having
similar jurisdiction, has a jury to try issues of fact, and *a
grand jury. 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 testimony.  It is so called to distinguish it from  an issue of law, in which the law  in the
case is to be determined, which is done by the court instead
of a jury.  This jury is usually called a petit jury, as distin.
guished from a g'raqnd jury.




100               CITIZEN'S MANUAL.         [Chap. XXVII
~ 4. It is one of the excellencies of our government, that
the liberty and lives of the people, as well as their property, are protected by a constitutional provision, securing
to every person the right to be tried by a jury of his equals.
As liberty and life are mnore valuable than property, they
ought to be most carefully guarded. Hence the constitution of the United States, and the constitutions of the seve-al states, declare that no person shall be put upon trial
for a capital or other infamous crime, without the previous
judgment of a grand jury that he ought to be tried.
~ 5. The manner'of selecting and drawing grand and
petit jurors, is prescribed by law. A number of judicious
men in each town are selected by some person or persons
authorized by law to do so, whose names are written oR
separate pieces of paper, and put into a box in each town,
and kept by the town clerk; or, as is the practice in some
states, the names of the persons designated as jurors in the
several towns, are sent to the county clerk and by him kept
in a box. Previous to the sitting of each court, the requisite number is drawn out of the box, and the persons whose
names are thus drawn, are summoned to attend as jurors.
~ 6. A jury to try a cause in these courts consists of
twelve men; and ail must agree in a verdict. The number of grand jurors is not the same in all the states; nor is
it required that a grand jury shall always consist of a defnite number of men; nor that their judgment shall- be
unanimous, in order to put a person upon trial.
~ 7. On the opening of the court, the jurors are sworn
to make a true presentment of all things given them in
charge. The judge then gives them a charge, and appoints
one of their number as foreman; and the jurors retire to a
private apartment to attend to their duties. They hear all
complaints brought before them, against persons for crimes
and breaches of the peace; and examine witnesses who
appear to testify; and when it is requested, they have the
assistance and advice of the state's attorney. If they think
any person complained, of ought to be tried, they draw up
a writing, in which they charge him with the offense of
which they think him guilty. This is called an indictment.
It is signed by the foreman, endorsed, "a true bill," and
carried by the jury into court.
~ 8. If the person has not before been arrested, he may




Chap. XXVII.]     STATE GOVERNMENTS.                 101
now be arrested, to be put upon trial. As all cr'mes are
considered as committed against the peace and order of
the community, the offender is complained of and tried in
the name and in behalf of the people of the state, who are
the prosecuting party. The prosecution is managed by
the prosecuting aitorney for the county, whose appointment and general duties have been mentioned.  (Chapter
XVII, ~ 11.)
~ 9. The supreme court is the next higher, and in most
states, the highest state court. This court differs somewhat
in the different states, both in its structure and its jurisdiction. It is believed, however, that, in most or all of the
states, it has both original and appellate jurisdiction, civil
and criminal. By original jurisdiction is meant, that a suit
may originate or commence in this court, or that it has the
power to try a suit in the first instance. By appellate jurisdiction is meant the righ.t to adjudge cases brought before
it by appeal from other courts. In the state of New York,
there is a higher court, the highest in the state, which has
appellate power only. Its business is to review cases from
the supreme court.
~ 10. A court of chancery is in its nature different from all
other courts. It is sometimes called a court of equity, being
designed to enable persons to obtain what is right and
equitable, when they can not obtain the same in ordinary
courts of law. In ordinary courts, a man is not allowed to be
a witness for himself; but in this, the parties may be put
on oath. In other courts, a person can not be compelled to
fulfill a contract; he can only be made to pay damage for
default; but in a court of equity, a man may, in certain
cases, be compelled to fulfill the contract itself.
~ 11. If a debtor has property held in trust for him by
another; or has money, notes, or other obligations or debts
owing to him; this court may compel him to discover and
give up such property to satisfy an execution against him;
and it may prevent his debtors from paying him such debts.
It has power also to restrain banks and other corporations
and individuals from doing fraudulent acts; t- dissolve corporations; to stop proceedings at law in certain cases; and
to do many other things of a like nature, by way of relief,
when relief can not otherwise be had.
~ 12. Suits in equity are not commenced as suits at law




102                CITIZEN'S MANUAL,       [Chap XXVIII
The plaintiff prepares a bill of complaint, called a bill inl
chalcery, the facts in which are sworn to by the plaintiff.
The bill, which contains a petition or prayer that the defendant, the party complained of, may be summoned to make
answer on oath, is filed with the clerk of the court, who
issues a subpena, commanding the defendant to appear
before the court on a day named. A trial may be had on
the complaint and answer alone; or witnesses may be introduced by the parties. The case is argued by counsel,
and a decree is pronounced by the court, which the court has
power to carry into effect.
~ 13. Courts of chancery, or courts of equity, separately
organized as such, no longer exist, in many of the states.
The power to try suits in equity is exercised- by the judges
of the common law courts.
~ 14. Court of Probate. In each county there is a judge
of probate, whose duties relate to the proving of wills, and
the settling of the estates of persons deceased. A will is a
writing in which a person giv s directions for the disposal
of his property after his death. The Latin word probatus
means proof; hence the application of the word probate to
the proving of a will.  (See Wills and Testaments.)  In the
state of New York, this officer is called surrogate.
~ 15. Court of Impeachment. There is no law court by
this title. The name is applied to the senate when sitting
on a trial of impeachment. An impeachment is a charge
against a public officer for corrupt conduct in office. For
example, a member of the legislature who should, for money,
or some other consideration offered as a bribe, vote for or
against a proposed law; or any other officer who should
act corruptly in his official capacity, would be liable to imnpeachment. The constitutions of the several states, and
the constitution of the United Statos, give to the house of
representatives the power to inmpeach, that is, to make the
charge or accusation, and to the senate the power to try the
impeachment. This practice has come from Great Britain,
where the impeachment is made by the house of commons,
and the house of lords is the high court of impeachment.
~ 16. The mode of commencing a trial of this kind, as
prescribed by law, is as follows: The house of representatives makes the charge, and delivers it to the president of
the senate, who causes the court to be sunmmoned. The




Chap. XXVIII.]   STATE GOVERNMENTS.                103
accused is theln brought before the court to answer to the
charge, and is entitled to counsel to assist him. When the
issue is joined, the court appoints a time and place for trial.
Before the trial commences, the clerk administers to the
president of the senate, and the president to the other members, an oath truly to try and determine the charge according to evidence. The trial is conducted as trials are in
courts of justice. If two-thirds of the members present
concur in a conviction, the accused is convicted; if not, he
is acquitted. If the person is convicted, the court may remove him from office, or disqualify him from holding any
office thereafter, in the state, or both remove and disqualify
him; but no other judgment can be pronounced by this
court. But; if the act committed by the offender is a crime,
he may also be indicted, tried, and punished in a court of
common law, as any other person.
CHAPTER XXVIII.
CRIMES AND MISDEMEANORS; PROSECUTION OF OFFENDERS.
~ 1. THE statutes of each state define the crimes of which
its laws take cognizance. The definitions given in this
chapter, agree substantially, it is presumed, with those of
similar crimes in every state in the union. The statutes
also prescribe the penalties, which are not precisely the
same in all the states. Nor is there in any state an equal
measure of punishment inflicted in all cases for the same
offense. The laws usually declare the longest and the
shortest terms of imprisonment, and the highest and lowest fines, leaving the exact measure of punishment, except
for crimes punishable by death, to the discretion of the
judges, to be fixed according to the aggravation of the
offense.
~ 2. The laws of the several states differ in respect to
the number of crimes made punishable by death. In some
itates the penalty of death is annexed to the crime of murier only. Treason is punishable by death; but as this




104               -CITIZEN'S MANUAL.        [Chap XXVIfI,
offense is defined and made punishable by the laws of the
United States, not all the states take cognizance of it. If'
committed in such states, it is tried in the courts of the
United States. In New York, murder, treason, and arson
in the first degree, are punishable by death.  Few states
make more than these crimes thus punishable.  In two or
three states, the penalty of death has been abolished, and
imprisonment for life substituted.
~ 3. Crimes punishable by death, are called capital crimes,
and their punishment is called capital punishment. The
word capital is from the Latin cagpt, which means head;
and so has come to signify the highest or principal. Hence,
probably, the application of the word' capital to the principal crimes receiving the highest punishment, which was
formerly practiced extensively in other countries by beheading or deccapitting the criminals.
~ 4. Tr eason is defined by statute to be, levying war in
any state against the people of the state; or a combination
of two or more persons, attempting by force to usurp or
overturn the government of the state; or in adhering to
enemies of the state while separately engaged in war with
a foreign enemy, and giving them aid and comfort.
~ 4. MUimrder is the killing of a person deliberately and
maliciously, and with intent to effect deathl; or killing a
person in committing some other crime, though not with a
design to effect death; or in killing a person purposely and
without previous deliberation. The less aggravated cases
of murder, are in some states distinguished as murder in
the second degree, and punished by imprisonment for a long
term, or for life.
~ 6. Maanslanlghter is killing a person either upon a sudden
quarrel, or unintentionally while committing some unlaw.
ful act. The statutes of New York define four different de.
grees of manslaughter.
~ 7. Arson is maliciously burning any dwelling-house,
shop, barn, or any other building, the property of another.
Arson in the first degree, which is burning an inhabited
dwelling in the night time, is in some states punishable with
death.
~ 8. Homicide signifies mankilling. It is of three kinds:
felonious, justifiable, and excusable. When felonious, it is
either murder or manslaughter. Justifiable homicide is that




Chap. XXVIII.]    STATE GOVERNMENTS.                 105
which is committed in the necessary defense of one's person, house, or goods, or of the person of another when in
danger of injury; or that which is committed in lawfully
attempting to take a person for felony committed, or to
suppress a riot, or to keep the peace. Excusable homicide
is the killing of a person by accident, or while lawfully employed, without any design to do wrong. Ill the two last
cases there is no punishment.
~ 9. Intentionally qnmaimiqzg another by cutting out or disabling the tongue or any other member or limb; inveigling
or kidlnapping; decoyi'ng, and taking away children; exposing
children in the street to abandon them; committing or attempting an assault with intent to kill, or to commit any
other felony, or in resisting the execution of a legal process; administerihng poison without producing death; poisoning aqny well or spring of water; are all felonies, and punishable as such.
~ 10. Burglary is maliciously and forcibly breaking into
and entering in the ni1ghlt tirne any dwelling house or other
building, with intent to commit a crime. Breaking into
and entering a house by day, is considered a minor degree
of burglary.
~ 11. F;borgery consists in falsely making, counterfeiting,
or altering any instrument of writing, with intent to defraud. The word coanteifeitiing is generally applied to making false coin or bank notes, or in passing them; or in
having in possession any engraved plate, or bills unsigned,
which are intended to be used for these purposes.
~ 12. Robbery is the taking of personal property from
another in his presence and against his will, by violence,
or by putting him in fear of immediate injury to his person.
Knowingly to send or deliver, or to make for the purpose
of being sent, a letter or writing, threatening to accuse any
one of crime, or to do him some injury, with intent to extort
or gain from him any money or property, is considered an
attenmpt to rob, for which the offender may be imprisoned.
~ 13. Embezzlemnt is fraudulently putting to one's own
use what is entrusted to him by another. To buy or receive
property knowing it to have been embezzled, is to be guilty
of the same offense. Embezzling is usually punishable in
the same manner as larceny of the same'amount.
~ 14. Larceny is theft or stealing. The steali-ig of prop



106                CITIZEN'S MANUAL,        [Chap. XXVIII.
erty above a certain amount in value, is called grandi larceny,
and is a state prison offense. If the value of the property
stolen is of less amount, the offense is called petit larceny,
and is punished by fine or imprisonment in jail, or both.
~ 15. Perjury is willfully swearing or affirming falsely
to any material matter, upon an oath legally administered.
Suborszation of peijury is procuring another to swear falsely:
punishable as perjury.
~ 16. Bribery is promising or giving a reward to a public
officer, to influence his opinion, vote or judgment. A person
accepting such bribe, is punishable in the same manner, and
forfeits his office, and, in some states, may never hold another
public trust.  This offense is not in all the states punishable by imprisonment in the state prison.
~ 1V. Dueling is a combat between two persons with deadly
weapons.  Killing another in a duel is murder, and punishable with death. If death does not ensue, imprisonment.
Challenging, or accepting a challenge to fight, or to be
present as a second, imprisonment.  Dueling is not a punishable offense in every state.
~ 18. Aiding or attempting to aid a prisoner committed
for felony, to escape from confinzemelt, or forcibly rescuing a
prisoner charged with crime, frcm the custody of a public
officer, is a crime. If the offense for which the prisoner is
committed is less than felony, the punishment is imprisonment in jail, or fine, or both.
~ 19. Bigamy is the crime of having two or more wives,
and is also called polygar.y. But bigamy literally signifies
having two wives, and polygamy any number more than
one. These words, in law, are applied also to women having two or more husbands. A person having a, lawful husband or wife living, and marrying another person, is guilty
of bigamy. An unmarried person, also, who shall marry
the husband or wife of another, is punishable in like manner.
~ 20. Incest is the marrying or cohabiting together as
husband and wife, of persons related to each other within
certain degrees.
~ 21. Opening a grave and removing a dead body for any
unlawful purpose, or purchasing such body knowing it to
have been unlawfully disinterred, is a crime. This offense
is in some states punishable by imprisonment in a county
jail, or by fine, and not in a state Drison.




,hap. XXVIII.]   STATE GOVERNMENTS.                 10'i
~ 22. Persons sometimes advise or are knowing to the:ormmission of felonies but are not actually engagedl in:ommritting them. Such are accessories. He who advises or
zonmmands another to commit a felony, is called an accessory
before the fact, and is punished in the same manner as the
principal. If he conceals the offender after the offense has
been committed, or gives him any aid to prevent his being
brought to punishment, he is.an accessory after the fact, and
may be imprisoned or fined.
~ 23. Assault and Battery is unlawfully to assault/or
threaten, or to strike or wound another. Besides being liable to fine and imprisonment, the offender is liable also to
the party injured for damages.
~ 24. -A riot is the assembling together of three or more
persons, with intent forcibly to injure the. person or property of another, or to break the peace; or agreeing with
each other to do such unlawful act, and making any movement or preparation therefor, though lawfully assembled.
When riotous persons are thus assembled, and are proceeding to commit offenses, any judge, justice, sheriff, or other
ministerial officer, may in the name of the state, cornmand
them to disperse. If they refuse, the peace officers are required to call upon all persons near to aid in taking the
rioters into custody. persons refusing to assist may be
fined.
~ 25, A sheriff or other officer voluntarily suffering a prisoner charged with or convicted of an offense, to escape from
his custody, is guilty of a misdemeanor. To rescue a prisoner thus charged or convicted, is punishable in a similar
manner. It is also a misdemeanor to assist a criminal,
with a view to effect his escape, though he does not escape,
from jail.
~ 26. A person taking upon himself to act as a public officer, and taking or keeping a person in custody unlawfully
or without authority, is false imprisonzment; for which the
offender may be fined or imprisoned.
~ 27. The offenses mentioned in the last four sections,
being of a lower grade than those defined in tihe preceding
sections, and net being punishable in a state prison, are
usually called misdemeanors, and are punishable by fine or
imprisonment in a county jail. There are numerous other
misdemeanors and immroralities as profane cursing and




108               CITIZEN'S MANUAL.        [Chap. XXVIII.
swearing, betting and gaming, horse racing, disturbing
religious meetings, sabbath-breaking, trespasses and injury
to property, and many disorderly practices, all of which are
punishable in like manner.
~ 28. Any judge or justice of the peace has power to issue process for apprehending any person charged-with an
offense. When a complaint is made to a magistrate, he
examines the complainant on oath, and any witnesses that
are produced; and if it appears that an offense has been
committed, he issues a warrant, commanding the officer to
whom it is directed to bring the accused before the magistrate.
~ 29. The magistrate first examines the complainant and
witnesses in support of the prosecution; and next the pris.
oner, who is not on oath, and then his witnesses. If an
offense has been committed, and the evidence of the prisoner's guilt is such as, in the opinion of the magistrate, to
justify his being held to trial, the magistrate binds, by recognizance, the prosecutor and all material witnesses, to
appear and testify against the prisoner, at the next court
at which the prisoner may be indicted and tried.
~ 30. In some states the magistrate himself has power to
try persons thus charged with offenses of the lowtst grade.
In certain other states, it is left to the choice of the prisoner
to be bound over for trial at the county court, or to be tried
by the magistrate, and thus to have the matter at once disposed of.
~ 31. If either the offender does not choose to be tried
by the justice, or the justice has not power to try him; and
if the offense is one for which he may be let to bail, the
magistrate may take bail for his appearance at the next
court. But if no bail is offered, or if the offense is not bail-'
able, the prisoner is committed to jail until the next session
of the court having power to try him. But he must be in.
dieted by a grand jury before he can be tried. The reason
why offenders are sometimes arrested and examined before
their case is brought before a grand jury, is to prevent
their escaping before the next county court, as grand juries
sit only during the terms of courts.
~ 32. The way in which bail is taken is this: the accused
gives a bond in such susum as the just'ce or judge shall require, with one or more sureties, who are bound for the ap




Chap. XXIX.]  GOVERNMENT OF THE U. STATES.        109
pearance of the accused at the next court, or in case he
shall not appear, then to pay the sum mentioned in the bond.
The word bail is from a French word meaning to deliver, or
to release. Hence, the justice bails, lets free, or delivers to
his sureties, the party arrested. Hence, also, the surety is
said to bail a person when he procures his liberation. The
bond or obligation of the surety, is in law called a recognizance, as is also the bond given by the prosecutor and witnesses for their appearance against the prisoner.
GOVERNMENT OF THE UNITED STATES.
CHAPTER XXIX.
NATURE OF THE UNION.
~ 1. IT has been attempted, in the foregoing chapters, to
illustrate the principles of civil institutions, and to show the
application of these principles to the government of the
states. If the reader has carefully studied these chapters,
it is presumed he now understands how the powers of the
government of a state are divided; by whom and in what
manner these powers are exercised; and what are his political rights and duties as a citizen of the state in which he
resides.
~ 2. It will be next in order to treat of the government
of the United States. The youngest student in political
science probably knows, that while he is a citizen of a state,
and is subject to its government and laws, he is at the same
time a citizen of the United States. And as he is subject
also to the laws and government of the Unitesd States, it is
necessary to understand his rights as a citizen under this
government, and the relation which the state governments
and the government of the United States bear to each other.
Q 3. The government of this country is complicated. Not
only is there a complete government in each of the states
of the union, but the people of the several states are united




110               CITIZEN'S MANUAL.         [Chap. XXIX
in one general government, whose powers control, in certain
matters, the people and the governments of the states.
This government is similar, in form, to the state governments, its powers being divided into legislative, executive
and judicial; and its constitution is called the " Constitution of the United States."  The people of the states being
incorporated into one great nation under a general constitution, this government is sometimes called the national govermznent. The several states being united in a confederacy, the
government is also called the federal government; the word
federal being derived from the Latin, faeds, and signifying
a league, or contract, or alliance.
~ 4. In order to a correct understanding of the nature of
the general government, and of our relations to it as citizens of the United States, we must consider the condition
of the American colonies while subject to Great Britain.
The colonies had then no political connection with each
other. They were as independent of each other as different
nations. Therefore the people were not then citizens of the
United States; they were only citizens of the respective
colonies in which they resided.
~ 5. During the controveisy with Great Britain, it became
necessary for the colonies to agree upon some general measures of defense. For this purpose, the first great continental congress, composed of delegates from the several
colonies, met at Philadelphia on the 4th of September, 1774.
The next year, in May, another congress met to propose
and to adopt such further measures as the state of the country might require; and the same congress, on the 4th of
July, 1776, declared the colonies to be "free and independent states."
~ 6. This declaration was called " The unanimous Declaration of the United States of America;" but the states were
united only in certain measures of safety. There was no
government which exercised authority over the states. The
people were siubject to their respective state governments
only. They were not yet incorporated into one nation for
the purpose of government, as now, under a constitution.
Hence, they were not yet properly citizens.of the United
States.
~ 7. To effect the future security as well ad the immediate
safety of the American people, congress deemed it necessary




Chap. XXIX.]   GOVIJRNMENT OF THE U. STATES         111
that there should be a union of the states under some general governmentl; and in November, 1147, that body agreed
upon a plan of union. The articles were, called " Articles
of Confederation and perpetual Union between the States;"
and were to go into effect when adopted by the legislatures
of all the states. Some of the states were slow to agree to
the articles; the last state not assenting to the plan until
March 1, 1181, when the articles were adopted.
~ 8. But the union formed under these articles of confederation, was not such- a union as that which exists under
the present constitution, as will appear by considering a few
points of difference between them. In the first place they
were ad;erent in form. The confederation was merely a
bunion of states. It had not, as the national government now
has, the three departments of power, legislative, executive
and judicial. It had only a legislature, and that consisted
of a single body, called. congress; in which the several
states were entitled to an equal representation; the number of delegates from each state to consist of not less than
two nor more than seven.
~ 9. The nature of that union as a mere confederation of
states, appears, further, from the manner in which questions
were determined by congress. Votes were taken by states.
If a majority of the delegates of any state voted in favor of
a measure, that state was set clown in the affirmative; but
if a majority voted against the measure, the state was placed
in the negative. Thus each state gave but one vote; and
a question having in its favor a majority of the states, was
declared to be carried. If an equal number of the delegates
of a state voted for and against a proposition, such state
was said to be divided, and had no vote. So also a state
lost its vote, if there were not at least two of its delegates
present and voting.
~ 10. That government differed from the present. also in
regard to its powers. The confederation was a very weak
government. Its powers were vested in a congress. The
congress was to manage the common affairs of the nation,
and to enact such laws (if laws they might be called) as
should be deemed necessary,; but a main defect in the system was, that congress had no power to carry its requisitions into effect.
~ 11. For example, it belonged to congtress to ascertain




11.2              CITIZEN'S MANUAL.        [Chap. XXIX
the number of men and the sums of money to be raised to
carry on the war, and to call on each state to raise its due
-share; but congress could not enforce the requisition. It
had no power to lay and collect taxes; it was dependent
upon the states for raising the money to defray the public
expenses. It could, and did, to some extent, borrow money
in its own name, on the credit of the Union; but it had not
the means of repaying the money so borrowed. The power
being reserved to the states to lay the taxes, it depended
upon the good will of the legislatures of the thirteen independent states to carry any measure of defense into effect.
Indeed, by none of the states had the requisitions of congress been fully complied with.
~ 12. It may be asked how a union of the states could
exist under so weak a government. But for the peculiar
condition of the country at that time, it is doubted whether
there would have been a sufficient compliance with the ordinances of congress to bring the war to a successful issue,
which could be done only by union. It was a sense of danger from abroad, rather than any power in the government,
that kept the states united. The plan of government was
devised in a time of war, and had respect to the operations
Pf war, rather than to a state of peace: and after the return
of peace the inefficiency of this government very soon
appeared.
~ 13. The condition of the states may be compared to that
of individuals who unite in' averting a common danger, or
in pursuing a common interest, but whose union and friendship last only until the desired object has been attained.
The war being over, the states did not long continue in
harmony. Laws were enacted in some states giving their
own citizens undue advantages over the citizens of other
states; and in a few years, the mutual jealousies and animosities caused by these and other acts of partial legislation, became such as threatened to break up the union.
~ 14. It was now evident, that, to preserve the union, a
government possessing more extensive powers was necessary; a government that could, in all needful cases, control the action of the state governments. After several ineffectual attempts to remedy some of the existing evils,
congress, having been thereto requested, called a convention to revise and amend the articles of confederation. All




Chap. XXX.]   GOVERNMENT OF THE U. STATES.          113
the states, except Rhode Island, chose delegates, who met at
Philadelphia in May, 178X, and framed the present constitution, which differs from the confederation, both in its
form, or nature, and in the extent of its powers.
~ 15. The change effected in the nature of the federal
government by the constitution, appears not only from the
dissimilarity of the two plans, but also from the different
modes in which they were formed and adopted, or the different authorities by which these acts were done. The articles of confederation were framed by congress, and ratified
ly the state legislatures. Hence, the adoption of these
articles was the act of the legislatures of the states, and not
of the people of the states; and the confederation was a umnion
of states, rather than a union of the people. of the states.
~ 16. The constitution, on the other hand, was framed by
men appointed expressly for that purpose, and submitted
for approval, not to the state legislatures, but to the people
of the states, and adopted by state conventions whose members were chosen for that purpose by the people of the several
states. Hence, the constitution is virtually the act of the
people; and the union is not a mere confederation of states,
but, as the' preamble declares, "a more perfect union,"
formed by " THE PEOPLE OF THE UTMTFD STATES."
CHAPTER XXX.
HISTORY OF THE CONSTITUTION.
~ 1. THE brief description, in the preceding chapter, of
the character of the confederation, designed merely to show
the necessity of a change in the fedeiral government, and
to convey a general idea of the nature of the union, is
deemed insufficient to prepare the political student for the
successful study of the constitution. Therefore, before we
proceed to the examination of the several provisions of that
instrument, a more detailed history will be given of the
practical workings of the confederation, and of the various
efforts to relieve the country which terminated in the adop.
tion of the constitution.




,14               CITIZEN'S MANUAL.        [Chap. XXX.
~ 2. Tl.e absence of all powerin congress to raise money
for public purposes, as one of the principal defects of Ihe
old government, has been mentioned. Congress was unable
to enforce the collection of a revenue, either by direct taxation, or by duties on imported goods. Resolutions had at
different times been passed by congress, recommending to
the states to invest congress with the power to levy duties
upon foreign goods- imported into any of the states; but
neither this nor any other plan proposed by that'body for
raising funds to support the war or pay the public debt,
received the concurrence of all the states.
~ 3. Another serious defect of the confederation was the
want of power to regulate commerce. We have noticed
the restrictions imposed by Great Britain upon the trade of
the colonies prior to the revolution. (Chap. X. ~ 8-10.)
The restrictive policy of that country was designed not only
to secure a market for her manufactures and other productions, but also to increase her shipping. By her memorable
navigation acts of 1651 and 1663, it was ordained, that
"tno commodity of the growth or manufacture of Europe,
should be imported into any of the king's plantations in
Asia, Africa, or America, but what had been shipped in England, Wales, or the town Berwick, and in English built shipping, whereof the master and three-fourths of the mariners
were English, and carried directly thence to the plantations."
~ 4. After the return of peace and the consequent revival
of trade between the two countries, the effects of the unequal footing upon which our commerce was placed, by the
laws of Great Britain, soon reappeared. Although the rigor
of her ancient policy had been in some measure abated,
both our goods and our vessels were subject to onerous duties in British ports, while congress had no power to meet
the legislation of Great Britain with similar restrictions
upon her commerce. The attention of congress having
been called to this subject, a resolution was passed, (April
30, 1784,) requesting the states to invest congress, for fifteen years, with the power to prohibit the importation or
exportation of goods in vessels belonging to, or navigated
by, the subjects of any foreign power with whom the states
had not formed treaties of commerce; and also to prohibit
foreigners, unless authorized by treaty, from importing into
the United States any goods except such as were the pro



Chap. XXX.]   GOVERNMENT OF THE U. STATES           115
duce of the country of which they were citizens; all acts
of congress passed in pursuance of these powers to take
effect when approved by nine states.
~ 5. Considerable time necessarily elapsed before reports
from the several states were received by congress. From
the report of a committee of congress, (March 3, 1786,) it
appears that acts complying either fully or partially with
the recommendation of congress, had been received from
ten states. But some of these acts were so dissimilar in
some of their provisions, and -others were so inconsistent
with the recommendations of congress, that they were not
deemed compliances. Congress therefore called again upon
the three non-complying states to grant the powers desired,
and requested those other states (six) whose acts were defective, to conform them  to the recommendation. Acts
were at length received from all the states; but some of
them were still imperfect, and their amendment was again
requested.
~ 6. While these efforts were in progress, and with a
view to the same object, a proposition was made in congress to submit to the states an alteration of one of the
articles of confederation, conferring upon congress the
power " of regulating the trade of the states with foreign
nations and with each other, and of levying such imposts
and duties upon imports and exports as might be necessary
fort the purpose; the duties to be collected under the authority, and to, accrue to the use of the states in which
they were payable."  But congress d.eeming it advisable
that amendments of the confederation should originate with
the state legislatures, the proposition was not submitted to
the states for ratification.
~ T. In the same year, (Nov. 1785,) a resolution was introduced into the house of delegates of Virginia, instructing its delegates in congress to propose a recommendation
to the states to invest congress with the power to regulate
trade. A resolution to this effect was favorably received,
and once passed that house. It was afterward reconsidered
for the purpose of arnendment, but no vote upon its passage'
was again taken. Subsequently, however, (Jan. 1786,) the
general assembly of that state adopted a resolution appointinig conmmissioners to meet commis.sioners to be appointed
by the other states, to take into consideration the situation




116.       CITIZEN'S MANUAL.        [Chap. XXX
and trade of the United States, and the necessity of a uniform system of commercial regulations; and to report to
the several states such an. act as, when ratified by them,
would enable congress effectually to provide for this object.
~ 8. A meeting was accordingly held at Annapolis, in
Maryland, September 11, 1786; but as only five states,
New York, New Jersey, Pennsylvania, Delaware, and Virginia, were represented, the commissioners deemed it unadvisable to proceed to business relating to an object in which
all the states were so deeply concerned; but they united
in a report to the several states and to congress, recommending a general meeting of the states in a future convention to be held at Philadelphia on the second Monday
of May next, and expressing the opinion that, as there were
numerous acknowledged defects in the system of federal
government, the powers of the deputies should be extended
to other objects than those of commerce, with a view " to
render the constitution of the federal government adequate
to the exigencies of the union."
~ 9. In pursuance of this- recommendation, the subject
was taken up in congress; and on the 21st of February,
17M7, a committee reported in favor of a convention. The
report, after some amendment, was agreed to, as follows:
" Whereas there is provision in the Articles of Confederation and perpetual Union for making alterations therein, by
the assent of the United States and of the legislatures of
the several states; and whereas experience hath evinced
that there are' defects in the Confederation; as a mean to
remedy which, several of the states, and particularly the
state of New York, by express instructions to their delegates
in congress, have suggested a convention for the purposes
expressed in the following resolution; and such convention
appearing to be the most probable mean of establishing in
these states a firm national government:
" Resolved, That, in the opinion of Congress, it is expedient
that, on the second Monday in May next,. a convention of
delegates who shall have been appointed by the several
states, be held at Philadelphia, for the sole and exclusive
purpose of revising the Articles of Confederation, and report.
ing to Congress and the several legislatures such alterations
and provisions therein as shall, when agreed to in Congress,
and confirmed by the states, render the Constitution ade.




Chap. XXX.]       STATE GOVERNMENT.               11?
quate to the exigencies of government and the preservation
of the Union."
~ 10. Several of the states, namely, Virginia, North Caro.
lina, New Jersey, Pennsylvania, and New York, had already, in compliance with the recommendation from An.
napolis, taken action upon the subject. The act of Virginia
was passed November 24, 1786, and her deputies were appointed the 4th of December. New Jersey appointed a
portion of her delegates as early as the 23d. of November.
The recommendation of congress was followed by acts of
appointment in all the other states except Rhode Island;
and the delegates met pursuant to appointment, on Monday
the 14th of September, 1787. The convention, however,
was not organized until the 25th, that being the first day
upon which a representation of a majority of the states appeared.
~ 11. A few days only had elapsed, when a great difference of opinion was found to exist among the members.
Two plans of government, embodying the leading features
of the present constitution, were submitted, and a resolution offered, declaring " that a national government ought to
be established, consisting of a supreme legislative, judiciary, and executive."  This resolution was opposed by members, who not only objected to such a government, but denied the power of the convention to change the general
plan of the existing government; the conventibn having
been called, as expressed in the resolution of congress,
"for the sole and express purpose of revising the articles
of confederation;" and that the acts of the several state
legislatures for the appointment of delegates were in conformity to that resolution.
~12. To Ithese objections it was replied, that the powers
of the convention were not thus restricted; that the convention was expressly authorized, by the resolution of congress referred to, to report such alterations, as should "render the federal Constitution adequate to the exigencies of
the government and the preservation of the Union;" and that
this object could not be effected by the mere alteration of
a few of the articles of confederation. The convention, it
was fiurther said, could conclzude nothing, as no proposed alterations could have effect unless confirmed by the states;
but it could propose anyn thing which the " exigencies of' tire




118                CIIIZEN'S MANUALJ.         chap. XXXI.
Union" were supposed to demand. After considerable debate, the resolution was adopted; and one of the plans
previously presented for consideration of the convention,
was taken as the basis of its action in the proposed new
government.
~ 13. But, although the present government, with its three
complete departments, legislative, executive, and judicial,
controlling, in matters of general concern, the action of the
state governments, and operating directly upon individual
citizens, is properly called a national government; yet it
is not wholly such, but partly national and partly federal.
As in all pure confederacies, the states had an equal voice in
the government. Some of the federal features of the confederation have been retained in the constitution, as will
appear on a further examination of that instrument. Hence,
tilhe union is still called, with propriety, the federal wnion,
and the government, the federal government.
CHAPTER XXXI.
LEGISLATIVE DEPARTMENT.-HIOUSE OF REPRESENTATIVES.
~ 1. ALL the legislative powers granted in the constitu*ioll, are "vested in a congress of the United States, consisting
of a senate and house of representatives."  (Art. 1, sec. 1.)  We
have elsewhere mentioned, as an object of dividing a legislature into two branches, to guard against the passage of illconsidered and unjust laws.  (Chap. XV, ~ 15.)  Whatever
reasons there may be for dividing a state legislature into
two distinct and independent branches, apply with equal
force to the structure of the legislature of the union. The
check given to each house upon the acts of the other is necessary, not only to guard against unintentional errors, but
against the influence of private interest upon the conduct of
representatives. The danger of unwise and corrupt legislation is greatly diminished by giving to the two branches
a negative upon each other's proceedings.
~ 2. The homase of representatives is composed of members
chosen eavery second year by the people of the several states;




Chap XXXI.]       STATE GOVERNMENTS.                119
and the electors in each state have the qualifications requisite for electors of the most numerous branch of the state
legislature.  (Art. 1. sec. 2.)  Under the confederation,
delegates were appointed for one year, and were at any
time subject to recall by the state legislature. Elections
so frequent, especially elections by the people, would bring
together a great number of men without the requisite experience in national business. Measures originated at one
session would often be determined by new members unaided in their decisions by the light of previous investigation. Wise legislation is best secured by a term of office
which will enable the same set of men to mature and finish
the business they have begun. Hence two years was considered a proper term for a national representative.
~ 3. The convention readily acceded to the proposition to
transfer the choice of representatives from the state legislatures to the people. It is proper that a representative
should derive his power from those whose wants he is to
make known, and whose rights he is to guard.
~ 4. In determining the qualifications of the electors of representatives, regard was had to the supposed preferences
of the states. In some of them, property, or the payment
of taxes, was made a qualification. In others, none but
freeholders were voters. In others, the senate and governor were elected by freeholders, while in the election of the
other house freemen generally were allowed to vote. In
others, again, the right of suffrage was almost universal.
It was presumed that no state would object to a rule which
it had established, or might thereafter establish, -for electing the popular branch of its own legislature.
~ 5. A representative, to be eligible, must have attained
the age of twcnty-five years, and been seven years a citizen
of the United States; and he must be, when elected, an inhabitant of the state in which he is chosen.  (Art. 1, sec.
2.) Few men at an earlier age than twenty-five years,
have that knowledge of public affairs, or that degree of caution and prudence, which is requisite in the exercise of so
important a trust. Aliens can hardly be supposed to feel
that attachment to our institutions, and that regard for the
public interest, which are felt by our own citizens. A residence for a less period than seven years after they shall
have become citizens, could hardly:  enable them to acquire




120                CITIZEN'S MANUAL.         [Chap. XXXI
sufficient knowledge of our government and of the various
interests of the country, to fit them for the duties of legislators. For equally wise reasons is a representative required to be an inhabitant o.f the *state he is chosen to represent. The business of a state is more safely intrusted
to a representative whose residence in the state has made
him more familiar with its interests, and who must hinself
be affected by the measures he may support.
~ 6. The next clause of the constitution prescribes the
rule of apportionment. - No part of the labors of the convention was more difficult than the settling of the principle
of representation. It was proposed in the plan under consideration, that the vote of each state should be in proportion to its quota of contribution to the general revenue, or
to the number of its free inhabitants, as the one or the other
might seem best in different cases. To this the smaller
states objected. One of the states, (Delaware,) had expressly instructed her delegates not to surrender the right of an
equal vote in congress. A proportional representation, or
unequal suffrage, it wts said, would give the large states
andue influence. A colnbination of three or four such states
would enable them  to enact whatever laws they pleased,
however oppressive to the others. Not only so; they could
even control the appointment of the president, the judges,
and other officers of the government.
~ 7. It was urged, on the other hand, that there was no
similarity of interests which'would be likely to unlite the
larger states against the small ones; that there was quite
as much danger of comnbinations of the smaller states, or of
some of them with one or more of the larger states; and
that the number of small states (small in population) would
soon be increased, by the admission of new states formed
from the western territory. Union was indispensable to the
welfare and safety of all. Especially did the small states
need the protection of the federal government. But' no
other than a radical change, similar to the one proposed,
could preserve the union; and it was evident that the convention would agree to no plan which should retain the
right of the small states to an equal vote in the legislature.
~ 8. The difficulty of an  arrangement was increased by
the proposition to exclude slaves from the representative
population.  Although slavery existed in most of the




Chap. XXXI.]  GOVEITiNMiTENT OF TIlE U. STATES.     121
northern as well as in the southern states, the number of
slaves in the former was comparatively inconsiderable.
These states, therefore, very naturally favored the proposed
exclusion of slaves. The slaveholdingo states strenuously
insisted on their being included in the basis of representation. The debate was warm  and protracted.  Indeed, so
inflamed did the controversy become, and so unyielding
were the parties, as to cause fears of a sudden dissolution
of the convention.
~ 9. Against the computation of slaves in fixing the rule
of apportionment, it was urged, that slaves,having neither
personal liberty, nor property, nor being permitted to acquire property, but being themselves property, and, like
other property, at the will of the -master, they ought not to
be counted. They were not represented in the states; why
should they be represented in the general government?  If
they were men, let them be made citizens and voters. If
they were property, why should the property of the fiee
states be excluded? Besides, the admission of slaves into
the representation would indirectly encourage the slave
trade, which was a violation of the most sacred laws of
humanity.
~ 10. There being no hope of settling this exciting question but by compromise, it was at length agreed that, in
ascertaining the number of the representative population,
three-fifths of the number of slaves should be added to the
number of free persons; that is to say, every five slaves
should be counted as three free persons. The advantage to
the slaveholding states of this arrangement is clearly shown
by the following example: Suppose a state to contain 600,
000 fi'ee persons and 500,000 slaves. Adding three-fifths of
the number of slaves (300,000) to the number of free persons, gives 900,000 as the number of the representative
population: and the state would be entitled to three representatives for every two that a state would have which contained 600,000 free inhabitants and no slaves.
~ 11. In return for this advantage, the slaveholding states
consented that, in the apportionment of direct taxes among
the states, the same rule should be observed: so that a
state gaining every third representative by the computation
of its slaves, as in the case supposed, (~ 10,) would, in
cases of direct taxation, colntrilbute to the national treasury
6




122                 CITIZEN'S MANUEAL.        Chap. XXXIo
three dollars for every two which it would pay if its slaves
were not counted. But this expected advantage has not
been realized by the non-slaveholding states, as the treasury
of the United States is supplied by the revenues derived
from other sources, chiefly by duties on imports. Congress
has found it necessary to exercise its power of di;ect taxation only two or three times since the adoption of the constitution.
~ 12. The constitution does not limit the house to any
definite number of representatives; it only declares that
the number shall not exceed one for every 30,000 inlhabi
tants. It requires an enumeration of the inhabitants ever)
ten years; and the next congress thereafter determines the
ratio of representation and the number of representatives
and apportions them among the states. But as a represent,
ative for every 30,000 inhabitants, after the population hlas
become very numerous, would make the house too large to
transact business with equal dispatch, the ratio of representation has been increased with the increase of population. After the census taken in 1790, the ratio was fixed
at 33,000, which gave the house 106 members. After the
census of 1800, the same ratio made the number of members
142. After 1810, the ratio was 35,000; the number of
members, 182. After 1820, the ratio was 40,000; the number of members, 213. After 1830, the ratio was 47,700;
the number of members, 240. After 1840, the ratio was
i0,680; the number of members; 223. After 1850, the ratio
was 93,000 and a fraction, making the number of members,
233 -of which number California had one; but by special
enactment an additional member was given to that state,
making in all, 234. Minnesota has since been admitted as
a state with two representatives,'(1858,) and the admission
of other new states will take place before the next appor.
tionment.
~ 13. Representatives are chosen by districts.  Each
state is divided by the legislature into as many districts,
called congressional districts, as there are representatives
to be elected in the state; and one representative is chosen
in each district. In most of the states, representatives are
chosen at the general state election. In some of thein, there
are special elections for choosing representatives.
~ 14. The constitution secures to the smallest states a




Chap. XXXII.]  GOVERNMENT OF THE U. STATES.         123
representation in the house of representatives. It declares
that each state, shall have at least one representative.
Without such a provision, and with a ratio large enough to
keep the house within a proper size, the smallest states
might be deprived of a representation in this branch. By
an act of congress, every territory also, belonging to the
United States, in which a government is established, is entitled to a delegate, who has the right of debating, but not
of voting.
CHAPTER XXXII.
THE SENATE.
~ 1. THE senate of the United States is composed of two,ators fr'om each state, chosen by the legislature for six years; find
each senator has one vote. (Art. 1, sec. 3.)  The divisi l-a of
the legislature into two branches was decided at an early
period of the session, and apparently without serious opposition: but as to the structure of the senate, there w as a
great diversity of opinion. For the election of senators,
several modes were proposed. One proposition was, that
the members of the second branch should be elected by
those of the first, out of a proper number of persons nomi
nated by the individual legislatures; another, that they
should be chosen by the state legislatures; anotner, by the
people of each state, in districts; another, by a body of
electors chosen for that purpose by the people; and another
still, that they should be appointed by the executive magistrate out of a proper number of persons nominated by the
individual legislatures.  The last two modes, however,
seem to have found no favor beyond their respective movers.
~ 2. The election of senators by the state legislatures
appears to have been agreed to without much difficulty.
It was proposed by those who thought it expedient to assimilate our national legislature, as nearly as might be, to
that of England, by placing the election of one branch one
remove from the direct choice of the people. It was ac



124              CITIZEN'S MANUAL.        [Chap. XXXIL
ceptable also to those who were desiro'as of preserving
state distinction in the general government.  In one
branch the people would be represented individually, in the
other collectively.
~ 3. We notice also the term of office of senators. As
has been observed, one object of a second branch is to provide a check upon the popular or democratic branch; and
with a view to the greater efficacy of this check, not only
was the election of senators given to the state legislatures
but the senate was made a more durable body than the
other. In the principle of a permanent senate, the convention was nearly unanimous; but as to the precise duration
of the term of service, there were nany different opinions.
Terms of four, five, six, seven, and nine years were proposed, and even a term during good behavior, which is virtually for life.
~ 4. One object of a permanent senate is independence.
A representative who may be soon displaced by a new
election, is more likely to be swayed in the discharge of his
official duties, by a desire to secure a reelection, than one
who holds his office more securely. The longer the term,
the more independent, it is presumed, will be his action.
A durable senate also secures greater stability in the government. Frequent changes of legislatures are generally
attended with corresponding changes in the laws. A fluctuating policy is an evil to be avoided. For instance, what
man would hazard his capital in a business which might
be suddenly prostrated by a change in legislation? Popular excitements are incident to democratic governments, and
are often encouraged by demagogues in hope of political
gain; and urnder these impulses the people may call for
measures which afterward they would themselves be most
ready to lament and condemn. As a safeguard against
these excesses of democracy, a long term was adopted.
~ 5. On the other hand, a very long term, it was apprehended, might render that body too independent. Firmly
seated in power, senators might become regardless of
the wishes and interests of tiheir constituents. Hence, the
medium term of six years was supposed to be long enough
to give due stability to the law-making power of the government, and yet short enough to insure a proper sense of
responsibility on the part of the members of this body.




Chap. XXXII.]  GOVERNMENT OF THE U. STATES.       125
~ 6. We notice next the principle of representation in
the senate. This was involvM in the teneral question of
the rule of apportionment which was the subject of the excited controversy mentioned in the preceding chapter. The
advocates of the proposed national government contended for
a proportional representation in both branches; the adherents to the confederation strenuously insisted on eqmal
suffrage in both. As on the question of slave representation, so on this, a compromise was the only means of effecting an agreement; and the convention finally agreed to
the proposition, that in the first branch- there should be a
proportional representation; and that in the second the states
should be equally represented. Thus was effected what
may be called the second great compromise of the constitution.
~ 7.  It will be perceived, however, that, although the
states are equally represented in the senate, the vote in this
body is not taken in the same manner as it was under the
confederation, namely, by states. The proposition, as at
first offered, provided that each state should have one vote;
but it was so modified that, instead of voting by states, the
members should vote per capita, each senator having one vote.
~ 8. There is a manifest propriety in having the seats of
one-third of the senators vacated every two years. The renewal of the entire body at once might be attended by too
sudden a change of public measures; or it might place a
salutary change of policy for too long a period beyond the
power of the people. A wise and politic measure enacted
near the close of the term of one senate, might be unexpectedly repealed or materially modified by their successors; or the operation of a bad law passed at the commencement of a senatorial term, might be prolonged for
six years. The present arrangement enables the people to
prepare for any anticipated changes in legislation, and
leaves at all times in the senate a majority of experienced
members, acquainted with the unfinished business of previous sessions, and with public affairs generally.
~ 9. That the interests of a state may suffer no injury
from the want of a full representation in the senate of the
United States, vacancies that happen during the recess of
the state legislature, may be filled by the e:ecutive ot
such state, until the next meeting of the legislature. An




126               CITIZEN'S MANUAL.         [Chap. XXXII.
appointment, however, may not be made before the vacancy actually happens. The term of James Lanman, a senator in congress from the state of Connecticut, expired with
the session which closed 0on the 3d of March, 1825, at a
time when the legislature of that state was not in session.
As it was necessary for the senate to reassemble on the
4th of iMarch, to act on the nominations of' the newly elected president, and as the legislature had failed to appoint a
successor to Mr. Lanman, the governor, in order to prevent
a vacancy, reappointed that senator a few days before the
expiration of his term. It was decided by the senate, that,
as no vacancy had happened when the appointment was
made, Mr. Lanman was not entitled to a seat.
~ 10. A person to be eligible to the office of senator, must
have attained to the age of thirty-five years, and been nine
years a citizen of the United States; and he must be when
elected, an inhabitant of the state for which he is chosen.
(Art. 1, sec. 3.) The propriety of these qualifications of
age and citizenship has been considered.  (Chapter XXXI,
~ 5.)  In fixing the qualifications of senators, it was deemed proper to require greater age and experience, and a longer term of citizenship, than in the case of representatives;
and to increase the independence of this body, and.perhaps
also to infuse into it some degree of the aristocratic principle, by making it the representative of wealth, it was proposed to superadd the property qualification. A majority)
however, appear to have been opposed to such restriction
upon the eligibility of a candidate for any office in the general government.
~ 11. The remainder of this section, and most of the four
succeeding sections, so nearly resemble those of a similar
nature in state constitutions; and the propriety of the other
portions of these sections is so readily perceived, that
no particular notice of them is deemed necessary.
~ 12. The powers and the regulations of the two houses in
relation to impeachments, tife election of officers, the elections and qualifications of members, adjournments, rules of
proceeding, punishment of members, &c., described in this
first article of the constitution, are nearly the same as are
provided by the constitutions of the several states for the
government and practice of their respective legislatures.
~ 13. The 7th section of the 1st article of the constitu




Chap. XXXIII.  GOVERNMENT OF THE U. STATES.        12l
tion provides for the passage of bills negatived by the presi.
dent.  Bills returned by him with his objections become
laws when passed by majorities of two-thirds of both
houses. They also become laws if not returned by him
within ten days (Sundays excepted) after they have been
presented to him, unless their return is prevented by the adjournment of congress.
CHAPTER XXXIII.
POWERS OF CONGRESS.-TAXATION, AND BORROWING
MONEY.
~ 1. HAvING seen how the legislative department of the
general government is constituted, we proceed to the consideration of its powers. Liberty can be secure only where
the rights of the people and the powers of the government
are clearly defined and well understood; since, without this
knowledge, the people are incapable of keeping the government within the limits of its constitutional powers.
~ 2. In respect to the origin and extent of' the powers of
the state governments and the general government, there
is an important difference. The general government derives
its powers from the states, or the people of the states, and can
exercise such powers only as the people have delegated to it
by the constitution; whereas, the states, originally possessing entire sovereignty, may exercise all powers which they
have not surrendered to the general government. That is
to say, the national government is limited to the powers
granted; the power of the state governments is unlimited,
except so far as they have pited with any of their original
powers.
~ 3. Most of the important powers of the government of
the United States are vested in congress, and are expressed
in the 8th section of the 1st article of the constitution.
Perhaps the want of none of these powers was so sensibly
felt under the confederation, as the first three- here mentioned: and it is probably for this reason that they were




128                CITIZEN'S MANUAL.       [Chap..XXIIIplaced at the beginning of the list. The first of these is
the power "to lay and collect taxes, dleos, irposts anzd excises;"
the objects of which power are declared to be, "to pay the
debts, and provide for the covmmzonl defense anl g'eneral weifcare of
the Unlited States."
~ 4. Congress had been obliged to borrow large sums of
money to defray the expenses of' tile war.  Several millions
were borrowed from France and Holland. But congress
had no power, as has been observed, to raise money by
taxation. The government could not pay its debts, nor
support itself. But by the power here given, it may raise
money to any amount necessary for the objects stated in
the constitution, either by direct taxation; that is, by laying
the tax directly on the property of the citizens; or by indi.
rect taxation, which-is by duties, imposts, and excises.
~ 5. Duties or customs, and imposts, have nearly the same
meaning. The last, however, are properly taxes on goods
imported only; the first apply to taxes on goods exported as
wVell as on' those imported. But as our government does
not impose duties on exports, these three words practically
signify the same thing. But excise has no reference at all
to the exportation or importation of goods; it is a tax laid
upon an article manufactured, sold or consumed, within the
country. Such, for example, is the duty paid by keepers
of taverns and groceries for the privilege of selling liquors.
~ 6. The power of taxation is qualified by the provision,
that " all duties shall be uniform  throughout the United
States." This is necessary to prevent the giving of unjust
preferences to any one or more states over others. Without this restriction upon the exercise of this power, a few
states might, by a combination.of their representatives in
congress, secure to themselves undue advantages in certain
branches of trade and business.
~ 7. Notwithstanding congress has power to raise money
by taxation in several ways, it has seldom  been found
necessary to exercise it in any other way than by laying
duties'on foreign goods, and on the vessels in which they
were imported. How effectual this mode of taxation has
been will appear from the following facts: At the close of
the revolutionary war, the national debt amounted  to
$42,000,000, on which congress could not so much as pay
the interest. Two years after the constitution went into




Chap. XXXIV.] GOVERNMENT OF THE U. STATES.          129
effect, the debt had risen to $75,000,000; in.1804, to
$86,000,000. From that time it gradually diminished until
the commencement of the late war, in 1812, when it was
reduced to $45,000,000. By that war, the debt was again
increased, being, in 1816, $127,000,000.
~ 8. The raising of so large a sum, by a direct tax, would
have been very oppressive. Wherefore congress exercised
its power of taxation almost exclusively in laying duties
*on imports;' and from the revenue thus raised, not only
have the yearly expenses of the government been defrayed,
but this vast national debt has loVg since been paid, leaving in the treasury a large surplus of more than thirty millibons of dollars, which, by an act of congress in 1836, was
apportioned -among the several states, to be kept and used
by the states until called for by congress. Probably the
teturn of the money will never be demanded.
~ 9. Equally necessary is the power next mentioned, "14
borrow money on the credit of the United Stcates."  Large sums
of money are sometimes wanted to pay a debt before they
can be raised from the revenues or regular income of the
nation; and sometimes immediately, as in case of war. In
such case, congress must either tax the people, or borrow
the money. But who would lend the government, if it had
not the means of paying? Hence we see the utility of both
these powers. Capitalists now have confidence in the credit
of the government; because, if other means of fulfilling its
engagements are insufficient, it has power to raise the money
by direct taxation.
CHAPTER XXXIV.
POWER OF CONGRESS, IN RELATION TO CO{MMERCE.
~ 1. THE power " to regulate commerce wzth foreign nations,"
which is next in the list, seems to be in a measure connected with the first, " to lay duties."  It will be remembered that,
before the war of the revolution, the colonies were depen.
dent on Great Britain for manufa ttued goods.  (see Chap.




130               CITIZEN'S MANUAL.      [Chap. XXi[V
X.) By that,var, the direct trade with that country was
interrupted. But when peace was restored, our markets
were again open to British goods; while upon American
produce and American vessels entering British ports, heavy
duties were levied. Thus was the trade of the two countries placed on an unequal footing. We wanted English
goods, but England would not take the produce of our labor
in exchange without subjecting it to heavy duties.
Q 2. Some explanation may be necessary to enable young
persons to understand the objects and unequal operation of
this measure of British policy. One object was to secure a
market at home'for the products of agricultural labor. To
show how this is done by taxing foreign products, let us
suppose the cost. of raising a bushel of wheat in England to
be one dollar, and the cost of producing it here and transporting it to that market to be the same. If now a duty of
40 cents a bushel is laid by Great Britain upon foreign
wheat, the English consumer, instead of buying it with this.
duty added, will buy of the English producer. But the
American farmer has wheat-for. which he must find a market abroad; and in order to sell it in the English market,
he must pay 40 cents on every bushel to the British government; or, which is the same thing, he must sell it for so
much less than its value to the British purchaser, who pays
the duty to that government.
~ 3. The people of this country being nearly all employed
at that time in agriculture, and consequently dependent upon
foreign markets for the sale of the surplus products of their
labor, they were compelled to submit to these duties. As
the result of this system, the consumers in Great Britain
obtained their supplies partly at home and partly from
abroad; and the British government thus accomplished the
two-fold object of encouraging and rewarding agricultural
labor at home, and of drawing a large revenue into its
treasury by taxing the same kind of labor in this country.
~ 4. Not possessing the means at that time of manufacturing to any considerable extent, the country was flooded
with goods from Great Britain, for which our citizens must
either pay in money, or in produce heavily burdened with
duties. Hence, some measures for regulating foreign trade
became necessary. But congress had not the power to regulate commerce; the power belonged to the states. The




ap. XX iv.J]  OVE1RNMENT OF THE U. STATES       131
A-. tues, aclt;ng separately, could not effect the object desired;
ana they were unable to agree upon any general system of
measures. A history of the attempts which were made to
remedy the evils complained of, and which resulted in the
formation of the constitution, in which the power to regulate commerce was inserted, has been given. (Chap. XXX.)
~ 5. It has just been remarked, that the two powers " to
lay duties" and "to regulate commerce" seem to have a
connection. Indeed, the former has been used to carry into
effect tlse latter. One of' the means by which it was intended to legulate our foreign trade, was the laying of duties upon itoreign goods, with a view to check the excessive
importation of them, and to encourage and aid our own
citizens in suppyiag the deficiency by manufacturing for
themselves.
~ 6. That the powoi to lay duties was intended to be used
for this purpose, appea.t from its immediate exercise by
congress. The first law, cxcept one, passed under the present constitution, authorizea "duties to be laid on goods,
wares and merchandises imported," and for purposes, one
of which was declared to be, " the encouragement and protection of domestic manufactures."  It was by such regulations of her foreign trade that England had strengthened
her manufacturing interests, and acquired such advantages
over other nations; and it was intended, by the adoption
of a similar policy, to rendei' this country less dependent
upon others.
~ 7. It may be proper, however, here to observe, that, for
many years, congress did not finld-it necessary to exercise
this power to a very great extent. Soon after the constitution went into effect, the principal nations of Europe became engaged in war, in which England also was involved.
A large portion of the population of those countries having
been withdrawn from agricultural pursuits to serve in the
armies, a foreign demand was created for the productions
of our soil; and our people were enabled to supply themselves at less disadvantage with manufactures fronm ahroad.
~ 8. But after peace had been restored in Europe, and
people had returned tc their wonted employment, the principal foreign demand for our breadstuffs ceased; and the
severe effects of large impovtations of goods began again
to be experienc6d.  ongl;ess now deeming it necessary to




132               CITIZEN'S MANUAL.        [Chapr XXXIV,
exercise, to a greater extent, its power to regulate trade,
by discouraging importations and encouraging domestic
manufactures, commenced an eff[mctive system of protection,
in the year 1816. Although duties were imposed upon many
articles, the great interest encouraged by the act of that
year, was the manufacture of cotton goods, especially those
of the coarser kinds.
~ 9. Since that period, laws have from time to time been
passed, extending the like favor to the manufacture of iron
and iron wares, woolen, and a great variety of other goods.
Manufacturing is now carried on very extensively in this
country; our citizens being supplied in great part-with
some articles almost exclusively-by our own inanufacturers.
A large portion of the people having thus been drawn into
manufacturing and mechanical employments, and become
consumers instead of producers of agricultural products, a
market has been created at home demanding more of the
grain, meat, and other products of agricultural labor, than
is usually required to supply all foreign demand.
~ 10. Congress has power also "to regulate commerce among
the several states."- Without this power, each state might
adopt regulations favorable to its own citizens, and injurious to those of other states. This was actually done under
the confederation; and to restore and preserve harmony,
and to secure equal justice to the citizens of all the states,
which could be done only by one uniform system for the
whole,, this power was given to the general government.
~ 11. Under the power to regulate commerce, congress
has also made navigation laws —laws relating to the shipping
of the nation. The want of a power in congress to retaliate
the navigation acts of Great Britain, has been mentioned.
Since the adoption of the constitution, congress has at different times laid discriminating tonnage duties. An act of
this kind was passed by the first congress, imposing a duty
of fifty cents a ton upon foreign vessels, and upon American
vessels six cents a ton. Laws have from time to time been
passed, modifying these duties as circumstances and the
regulations of other nations required, until they have become
unnecessary.
~ 12. Laws, however, still exist, requiring vessels to be
measured to ascertain their tonnage, and prescribing the
manner in which they are enrolled or registered and licensed,




Chap. XXXVJ]  GOVERNMENT OF THE U. STATES.        133
and in which they are to enter and leave ports,\the duties
of masters of vessels, what papers they are to carry, &c.
The laws also prescribe regulations for collecting the revenue arising from foreign commerce. There is in every port
of entry a collector of customs, who superintends the collection
of duties. When a vessel arrives, it is submitted, with the
cargo, and all papers and invoices, to the inspection of the
proper officers; and the goods subject to duty are weighed
or measured, and the duties estimated according to law.
~ 13. On some articles a.specific duty is charged, which
is a duty of a certain amount on a pound, yard, or gallon;
as, two cents on a pound of iron, or fifty cents on a yard of
cloth. Others are charged with an ad valorem duty, which
is a duty according to the value, being a certain percentage
on the value of an article; as forty per cent. on what costs
one dollar would be forty cents; or thirty per cent. on one
hundred dollars would be thirty dollars.
~ 14. Our foreign commerce has become very extensive,
and the revenue derived from it is large. The average
value of the goods imported during the last ten years, ending June 30, 1857, is $225,000,000. The average amount
of duties collected on the same, is about $50,000,000. The
duties on imports, and the proceeds of the sales of public
lands, which have averaged during the same time, $5,000,000
annually, constitute nearly the whole revenue, from which
are paid the salaries of officers and other expenses of the
general government.
CHAPTER XXXV.
POWERS OF CONGRESS IN RELATION TO NATURALIZATION,
BANKRUPTCY, MONEY, COPY-RIGHTS AND PATENTS.
~ 1. ANOTHER power given to congress, is the power " to
establish a uniform rule of naturalization.". It has already
been stated, that foreigners, or aliens, are not entitled tc
the privileges of citizens till they become naturalized..
Before the constitution was adopted, every state established




134                CITIZEN'S MANUAL.         [Chap. XXXV,
its own rules for naturalizing foreigners. But as a person,
on being made a citizen in any state, bec.c'mnes a citizen of
the United States, it is evident that there should be but one
rule of naturalization.
~ 2. An alien must have lived in the United States fiveyears before he can become a citizen. Two years before he
is admitted as a citizen, he must declare, on oath, in writing,
before a proper court, that he intends to become a citizen
of the Unitede States, and to renounce his allegiance to his
former government; and he must declare, on oath, that he
will support the constitution of the United States. Then,
two years thereafter, the court, if satisfied as to his moral
character and his attachment to the constitution, may admit
him as a citizen.
~ 3. On his being naturalized, a man's minor children, if
dwelling in the United States, also become citizens. If a
man has lived at least three years in the United States before he becomes of age, he may, at the expiration of the five
years' residence, be admitted by the court, without having
previously made a declaration of his intention to become a
citizen.
~ 4. In the same clause is given the power to establish
"Stniformn laws on the s   abject of bankr2ptcies thlroghout the United
States."  A bankrumpt is an insolvent debtor, that is, a person
unable to pay all his just debts. A bankrupt law is a law
which, upon an insolvent's surrendering all his property to
his creditors, discharges him from the payment of his debts.
Such laws, by securing to honest and unfortunate debtors
the enjoyment of their future earnings, encourage them to
engage anew in their industrial pursuits. And as such
laws, if judiciously framed, compel a full surrender of the
debtor's property, they do not operate to the injury of his
creditors. This humane provision of the constitution will
be the more favorably regarded, when it is considered that
debtors were formerly liable to an indefinite term of imprisonment for their debts. But however beneficent to the unfortunate poor, these laws have afforded to dishonest and
fraudul.ent debtors the means of procuring a release from
their obligations.
~ 5. The power to pass bankrupt laws was intended to
remedy the inconvenience of the dissimilar and conflicting
Laws of the different states. And yet, important as this




Chap. XXXV.]  GOVERNMENT OF THE U. STATES.         135
power was deemed, there is no existing law on the subject.
Laws have at three different times been enacted, the last
of them in 1841; but all were repealed soon after their
enactment. That which had the longest existence was
passed April 1800, and repealed December 1803.
~ 6. The absence of uniform and general bankrupt laws
has brought into question the constitutionality of state in.
solvent laws. The constitution prohibits the states from
passing laws impairing the obligation of contracts; and
does not the discharge of a debtor weaken, or make entirely
void, his obligation? Cases involving the constitutionality
of state insolvent laws have come before the supreme court
of the United States. It has been decided by this court,
(1.) That, until congress shall establish a system of bankruptcy, a state may pass such insolvent laws as shall not
impair the obligation of contracts. (2.) That a state has
no authority to pass a law discharging a debtor from the
obligation of a contract made before the lar was passed.
(3.) That a discharge is valid only between citizens of the
state by which the law was passed, and that a debtor removing into another state, and there taking the benefit of
an insolvent law, is not discharged from debts contracted
before his removal.
~ 7. But the question arises, can there be a discharge
from the payment of a debt, without impairing the obligation of a contract? It has been held that the obligation
of a contract made after the law was passed, was not impaired in the meaning of the constitution, because the parties had reference to the laws existing when the contract
was made. But it is questioned by some eminent jurists,
whether the discharge of a debtor from even such a contract
can be constitutionally authorized.
~ 8. The power "to coin money and regulate the value thereof,"
is properly given to congress. Formerly the system of
reckoning was by pounds, shillings, and pence; the value
of which was different in different states. For instance, in
the New England states, six shillings made a dollar, in New
York eight, in Pennsylvania seven shillings and sixpence.
This rendered dealing between the people of different states
highly inconvenient. The present decimal mode of calculation, by dollars and cents, established by congress, toge



136                CITIZEN'S MANUAL.         [Chap XXXV
ther with the use of decimal coins, has removed the former
inconvenience.
~-9. Money is coined at the. mints. The principal mint
in the United States, and the first that was established in
this country, is at Philadelphia. The business of coining
is under the superintendence of a director. The principal
persons employed under him are a treasurer, an assayer, a
chief coiner, an engraver, and a melter and refiner. The
gold and silver, before it is coined, is called bullion. Individuals, as well as the government, may get money coined at
the mint. There are also branch mints in New Orleans, at
Charlotte, in North Carolina, at Dahlonega in Georgia, in
California, and in the city of New York. In the last named
place, gold is assayed, but not coined.
~ 10. Congress has also the power "to fiz the standard oJ
weights and measures."  The facility and convenience of commercial intercourse between the states requires that there
should be a   iform  standard of weights and measures.
The object of this power, however, has never been carried
into effect by congress. Each state fixes its own standard;
but the standards of the different states, it is presumed,
very nearly agree.
~ ll. The power next mentioned is " toprovidefor thle punishment of counterfeiting the securities aind current coin, of the
United States."  By " securities" here are meant bonds and
other written evidences of debt. It is manifestly proper
that, as the general government has the power to borrow
money and to coin money, it should also have power to provide for punishing those who forge its written obligations
for the payment of the money borrowed, and who counterfeit its coin. Hence, these offenses are tried in courts of
the United States.
~ 12. Congress has power "to establish post-offices and postroads."  The post-office department, from the facilities which
it affords for the circulation of intelligence and the transaction of business, is an institution of incalculable value
to the people of the union. It is impossible to conceive all
the difficulties which would attend the exercise of this power
by the different states. A uniform system of regulations
is indispensable to the efficiency of this department, and
could be secured only by placing the power in the hands of
congress.




Chap. XXXV.]  GOVERNMENT OF THE.1U. STATES.            137
~ 13. Another power of congress is, " to promote the pro.
gress of science anid useful arts, by.securing, for Limited timei; to
authZors and inventors, the exczlsive rig/ht to their respective writings anzd discoveries."  Useful arts and sciences are much aided by new inventions or discoveries, and by new books.
But if every man had the privilege of printing and selling
every book or writitg, there would be little encouragement
to men of ability to spend, as is often done, years of labor
in preparing new works for the public. Nor would men of
genius be likely to spend their, time and money in inventing and constructing expensive machinery, if others had
the same right as the inventors to make and sell the same.
Congress has therefore enacted laws for the benefit of authors and inventors.
~ 14. The exclusive right of an author to the benefits of
the printing and sale of his books or writings, is called copyright, and is obtained thus: The author sends a printed
copy of the title of his book to the clerk of the district court
of the Vnited States of the district in which the author resides.  The clerk records the title in a book, for which he
receives fifty cents, and gives the author, under the seal of
the court, a copy of the record, for which also he receives
fifty cents.
~ 15. The author must also, within three months after the
publication of the work, deliver a copy of the same to the
clerk of the district court.  And he must cause to be printed on the title page or page immediately following, of every
copy of the book, words showing that the law has been
complied with. (See the 2d page of this book.) This secures to the author the sole right to print and sell his work
for twenty-eight years; at the expiration of which time, he
may have his right continued for fourteen years longer, by
again complying with the requirements of the law as before, provided it be done within six months before the expiration of the first term, and a copy of the record published in a newspaper for the space of four weeks.
~ 16. If an author disposes of his interest in his work before a copy-right is secured, the person becoming the proprietor of the work procures the copy-right in his own name.
A proprietor or owner of a copy-right may a at any time
sell and assign his right to another person; in which case,




138               CITIZEN'S MANUAL.        LChap. XXXVI
the assignment is to be recorded in the office whence the
copy-right was issued.
~ 1l. Patents for new inventions are obtained at the patent office at the seat of government, which office is connected with the department of the interior. (See Chap.
NXLI, ~ 4.)  The commissioner of patents superintends
the granting of patents, under the direction of the secretary
of the interior. To secure an exclusive right to an invention, the inventor must deliver to the commissioner of patents a written description of his invention, and specify the
improvement which he claims as his own discovery; and
he must swear that he believes he is the true discoverer
thereof.
~ 18. Before the petition of an inventor is considered, he
must pay the sum of thirty dollars. If the commissioner,
upon examination, does not find that the invention had been
before discovered, he issues a patent therefor. Patents are
granted for the term of fourteen years, and may be renewed
for a fu/rther term of seven years, if the inventor has not
been able to obtain a reasonable profit from his invention.
CHAPTER XXXVI.
POWERS OF CONGRESS, IN RELATION  TO  PIRACY  AND
OFFENSES AGAINST THE LAW OF NATIONS, WAR, MARQUE
AND REPRISAL, ARMY AND NAVY, DISTRICT OF COLUMBIA;
IMPLIED POWERS.
~ 1. CoNGREss has power" to define and punish piracies and
felonies committed on the high seas, anld offenses against the law of
nations."  Piracy is commonly defined to be forcible robbery
or depredation upon the high seas. But the term felony was
not exactly defined by the laws of England; and its meaning was various in the different states; being sometimes
applied to capital offenses only; at others, to all crimes
above misdemeanor. For the sake of uniformity, the power
to define these offenses is given to congress: and as no
state has jurisdiction beyond its own limits, it is proper




Chap. XXXVI.] - GOVERNMENT OF THE U. STATES.        139
that congress should have the power to punish, as well as
define, crimes committed on the high seas.
~ 2. Nor are offenses against the law of nations more
clearly defined: therefore the power to define these are with
equal propriety given to congress. As our citizens are regarded by foreign nations as citizens of the United States,
and not as citizens of the states; and as the general government alone is responsible to foreign nations for injuries
committed on the high seas by citizens of the United States,
the power is granted to congress.
~ 3. The power " to declare zwar" is properly given to congress. It would be dangerous to allow a single state to
make war; and to depend on the state governments to provide the means of prosecuting a war, had already been
found to be unsafe. And as the people of all the states become involved in the calamity and: expense of a war, the
power to declare war ought to belong to the representatives
of the nation.
~ 4. Congress has also the power " to issue letters of marque
and reprisal."  Mlarque means passing the frontier or
limits of a country; reprisal, taking in return. Letters of
marque and reprisal give to persons injured by citizens of
another nation, the liberty to seize the bodies or goods of
any of the citizens of such nation, and.detain them until satisfaction shall be made. It is not clear that such- license
ought ever to be given. Although it is designed to enable
citizens of one country to obtain redress for injuries committed by those of another, without a resort to war, its tendency is to provoke rather than prevent war. Besides, it does
not appear just to seize and detain the bodies or goods of
unoffending persons. If the power to grant such license is
ever to be exercised, it-is properly vested in congress.
~ 5. If congress has the power to declare war, it follows
that it should have command of the land and naval forces,
and all other means of national defense; for without this,
the power to declare war would be nugatory. The command of the militia is necessary also to insure the execution
of the laws and to suppress insurrections. It became necessary soon after the government was organized under the
constitution, to call out a military force to quell an insurrection in the western part of Pennsylvania, which had risen
to resist the execution of a law of congress imposing an




140                 CITIZEN'S MANUAL.         [Chap. XXVI.
excise duty cn domestic distilled spirits.  In pursuance of
the power to provide for calling forth the militia for such
purposes, congress has authorized the president to raise such
force as he shall at any time deem necessary.
~ 6. Congress has power "to exercise eXclusive legislation
over such district (not exceeding ten miles square) as may, by
cession of particular states, become the seat of governmenat"  The
"ten miles square," as appears from the language of the
clause, was not yet in possession of the national government: but it was in contemplation, by the states of Maryland and Virgina, to cede it to the United States for the
purpose mentioned.. As it is the property of the nation, it
is proper that it should be under the exclusive control of the
general government.  It is called the District of Columbia.
That part of it which was ceded by Virginia, was in 1846
retroceded by congress to that state.  Like authority is
exercised by congress over all places acquired "for the erection of forts, magazines, arsenals, dock-yards, and other needful
buildings."  The public safety evidently requires that these
places should be subject to no other legislation than that of
congress. p. 2]2.
~ 1. The power last mentioned in this section is the power
" to make all laws necessary and proper for carrying into execution the foregoing and all other powers vested " in the general government and its officers. As it was impossible to enumerate
every particular power which congress might find it necessary to exercise, certain powers were expressly. granted;
to which was added this general grant of power to pass
laws for carrying those certain powers into effect.
~ 8. It is the opinion of some eminent statesmen, that
the powers of congress are not enlarged by this clause;
that the power therein granted is necessarily implied in, and
incidental to, the powers expressly granted. For example:
The power to construct break-waters and light-houses,, and
to remove obstructions from navigable rivers, is included in
the power " to regulate commerce;" and congress might
make such improvements without an express grant.  So
also the power " to establish post-offices," implies the power
to punish the robbery of the mail. It is the doctrine of the
most eminent expounders of the constitution, "that wherever
the end is required, the means are authorized; wherever a
general power to do a. thing is given; every particular power
for- doing it is included.'




Chlp. XXXVII.I GOVERNMENT OF THE U. STATES.         141
Q 9. The express grant, however, of the pc wer under consideration, was deemed useful in order to prevent any doubts
which might be raised upon the subject. Time anid experience have proved its utility. Many important measures
have been enacted by congress, which, but for this clause,
-.would have been defeated by doubts as to their constitutionality. Under the confederation, congress could exercise
no powers but such as were "expressly delegated."  This
stringent provision was at times attended with great inconvenience, and prevented the adoption of effectual measures
of relief; and the embarrassments to the action of congress
which it had occasioned, had probably no small influence in
procuring the insertion of this declaratory clause, to avoid
the scruples of those who might deny to congress all powers
not expressly granted. Several other important powers are
in other parts of the constitution conferred upon congress,
which'Will be hereafter considered.
CHAPTER  XXXVII.
POWERS PROHIBITED TO CONGRESS.
~ 1. WHILE the constitution grants to the general government all powers deemed necessary to be exercised for
the general welfare, it imposes upon congress certain important restrictions, most of which are contained in the 9th
section of the  sit article of the constitution. The prohibition first mentioned is in these words: "The migration or importation of suchI persons as any of the states, now existing, shall think
proper to admit, shall not be prohibited by the congress prior to
the year one thousand eight hundred and eight; but a tax
or duty May be imposed on suchl importation, not exceeding ten
dollars for each person."
~ 2. This provision, which was intended to reserve to the
states, for the time specified, the right to import slaves,
was the subject of much debate in the convention of framers -
and has ever since been the fruitful occasion of popular
discussion. It has ever been a cause of wonder and regret
to mlany of the American people, that this inhuman traffic




142               CITIZEN'S MANUAL.      [Chap XXXVII.
shjuld have been permitted by the constitution, even for a
limited period. Like certain other provisions, however, it
is the result of concession and compromise, as will appear
from the following sketch of the proceedings of the convention on the subject.
~ 3. A section had been reported, declaring that " no tax
or duty should be laid by congress on articles exported
from any state; nor on the migration or importation of
such persons as the several states should think proper to
admit; nor should such migration or importation be prohibited."  As the southern states were the principal exporting states, it is evident that the whole section was intended as a concession to those states. The clause prohibiting
the laying of duties on exports, was, after considerable discussion, adopted, 7 states voting in the affirmative, and
4 in the negative. The latter were New Hampshire, New
Jersey, Pennsylvania, and Delaware.
~ 4. It was then proposed, though by a delegate from a
southern state, (Luther Martin, of Maryland,) to vary the
article so as to allow a prohibition or tax on the importation of slaves, for the reason, first, that as five slaves were
to be counted as three freemen in the apportionment of representatives, the clause, as reported, would leave an encouragement of this traffic; secondly, that slaves weakened one part of the union which the other parts were bound
to protect; and thirdly, that such a feature in the constitution was inconsistent with the principles of the revolution,
and dishonorable to the American character.
~ 5. The opposition to this proposition was principally from
the three extreme southern states, these being the only states
which had not abolished the foreign slave trade: and one of
these, (North Carolina,) had discouraged the'trade by imposing duties on slaves imported. Their delegates insisted on
the privilege of continuing the importation. They did not apprehend insurrections among their slaves, and would readily
exempt the other states from the obligation to protect the
southern states. Religion and humanity had nothing to
do with this question. Interest was the governing principle with nations. The true question was, whether the
southern states should or should not be parties to the union;
and the opinion was expressed, that ttey would not be, if
the slave trade should be prohibited. It was urged, also,




Chap. XXXVII.] GOVERNMENT OF THE U STATES.         143
that the northern states would be benefited by the importation, as it would give additional employment to their
shipping. It was further said, that, if left at liberty, these
southern states might, by degrees, do of themselves what
was wished, as Maryland and Virginia had already done.
~ 6. Certain northern delegates, particularly those from
Connecticut, though disapproving the slave trade, urged
that the matter should be left with the states; that there
should be as few objections as possible to the proposed
government; and that the abolition of slavery was going
on, and would probably, by degrees, be completed by the
good sense of the several states. Taxing the importation
was objected to, as that implied that slaves were property.
~ 7. There being little hope of a speedy agreement, it was
proposed by delegates from South Carolina to refer the subject to a committee, with a view to making slaves liable to
an equal tax with other imports. The clause prohibiting
the taxing of exports having been previously adopted, the
two remaining clauses of the section, together with the section relating to navigation laws, were referred to a committee, in the hope, as was said, of " forming a bargain among
the northern and southern states."  The necessity of a
power to regulate commerce by duties on foreign goods
and shipping, in order to protect our own, has been mentioned. (Chap. XXXIV.) It was therefore to be expected
that congress would exercise this power in passing navigation acts' but in compliance with the wishes of southern delegates, who apprehended that the taxing of foreign
shipping would increase the cost of the transportation of
their exports, a section had been inserted, prohibiting the
passage of navigation acts, except by majorities of twothirds of both houses.
~ 8. The committee to whom the subject had been referred, reported, as a substitute for the two clauses relating
to the importation and taxation of slaves, a provision denying to congress the power to prohibit the importation of
slaves prior to the year 1800, but. allowing a tax or duty
on the slaves imported, not exceeding the average of the du.
ties laid on imports; and the section containing the restriction upon the passage of navigation laws was to be struck
out. It was moved to insert 1808 in the place of 1800
To this it was 6bjected, (by Mr. Madison,) that so long a




144               CITIZEN'S MANUAL       [Chap. XXXVII.
term would produce all the mischief that could be apprehended from the liberty to import slaves, and would be
more dishonorable to the American character than to say
nothing' about it in the constitution. In relation to taxes
on slaves, he thought it wrong to admit in the constitution
the idea that th'ere could be property in men. Others,
however, considered the tax as a discouragemernt to the inmportation. The year 1808 was finally fixed as the year
when the restriction upon the power of congress to prohibit
the slave trade was to cease.
~ 9. It now remained to dispose of the navigation clause.
Southern delegates were still in favor of requiring amajority
of two-thirds to pass navigation laws, alleging that the
power of regulating commerce was a pure concession on the
part of the southern states, and that they did not need the
protection of the northern states. It was urgred, on the
other hand, that preferences to American ships would mul.
tiply them until they could.carry the southern produce
cheaper than it was now carried. A navy was essential to
the security of the nation, particularly of the southern
states, and could only be had by a navigation act encouraging American bottoms and seamen. Shipping was
the worst and most precarious kind of property, and needed public patronage.
~ 10. Delegates from South Carolina at length proposed
to yield this point. Although they regarded it as the true
interest of the southern states to have no regulation of comnmerce, yet, considering the liberality of the eastern states,
(in consenting to the importation of slaves,) and the interest which the southern states had in being united with the
strong eastern states, they thought it proper that no fetters
should be imposed on the power of making commercial re
gulations. At the worst, a navigation act could bear hard
a little while only on the southern states. As they were
laying the foundation for a great empire, they'should look
beyond the present moment. It was suggested also'that a
navigation act was necessary to secure the West India
trade. The section containing the restriction on the power
to pass navigation laws was accordingly struck out; and
thus was effected the third great compromise of the constitution.
~ 11. Whether the interests or the honor of the nation




Chap. XXXVTIII.  GOVERSNMENT OF THE U. STATES.      145
required this concession to the southern states, is a ques.
tion upon which different opinions are entertained. It was
desirable to secure the ratification of the constitution by all
the states. To form a union of less than nine states, (Art.
7,) was, thought inexpedient. If, as was feared, the three
slave importing states, or but two of them, should reject
the constitution without the prohibition mentioned, and
but two or three other states, on account of objections to
certain other parts of the plan, should fail to ratify, the
great object of the convention would have been defeated.
This consideration induced the northern states to consent
to the compromise. It is, however, believed by many, that
the southern states would eventually have acceded to the
union, though the concession had not been made.
~ 12. The propriety of this concession depends materially
upon the question, whether the power of congress, had it
been left unrestricted, would have been earlier exercised
for the abolition of the slave trade. This question it is, of
course, impossible to determine. It is, however, a gratify.
ing fact, that congress exercised its power for terminating
this cruel and disgraceful traffic at the earliest possible
period. A law was passed in 1807, to go into effect in 1808,
making it unlawful, under severe penalties, to import slaves
into the United States; and in 1820, the African slave trade
was declared piracy, and made punishable by death.
CHAPTER XXXVIII.
POWERS PROHIBITED TO CONGRESS-CONTINUED.
~ 1. AMONG the restrictions on the powers of congress, is
the prohibition to suspend " the privilege of the writ of habeas
ca-pes, unless when, in cases of rebellion or invasion, the public
Ytfetyw may require it."  (Art. 1, sec. 9.)  For the origin and
meaning of this privilege, see Chapter XLV, ~ 9, 10.
~ 2. The next clause declares that "no bill of attainder or
ex post facto law shall be passed."  A bill of attainder is an act
of a legislature, inflicting the punishment of death upon a




146                CITIZEN'S MANUAL        Clhap. XXXVII,.
pers)n pronounced guilty of some crime, without trial.  If
it inflicts a milder punishment, itA is call d a bill of pains
and penalties.
~ 3. An expostfacto law is, literally, a law which has effect
upon an act after it is done. It here means a law to punish,
as a crime, an act that was lawful when it was done. Thus,
if a law should be passed, by which a man should be made
to suffer death for an act of justifiable homicide committed
before the law was made, such would be an ex post facto law.
A law is also an ex post facto law that inflicts a more severe
penalty for an unlawful act than was imposed for such offense
when committed. Thus, if a law were passed to-day, requiring that men awaiting trial for petit larceny heretofore
committed, should, on conviction, suffer death, or imprisonment in state prison, such law would be an ex post facto
law.  Petit larceny not being thus punishable when the
offense was committed, a more severe penalty could not be
imposed after its commission.
~ 4. "No attainder of treason shall work corruption of blood oi
forfeiture, except during the life of the person attainted."  (Art.
III, ~ 3, cl. 2.) To the young reader this sentence may
need explanation. Literally, attainder means a taint, or
staining, or corruption; but it here signifies the same as
judgment, or conviction. By the common law, the stain
of treason was made to affect the blood of the traitor, so
that he could not inherit property himself, nor could his
heirs inherit from him; but his whole estate was forfeited.
The constitution properly abolishes a law by which the innccent were made to suffer for the crimes of others.
~ 5. Besides corruption of blood and forfeiture, the manner of inflicting the punishment was most disgraceful and
inhuman. The offender was drawn to the gallows on a
hurdle; hanged by the neck, and cut down alive; his entrails taken out and burned while he yet was alive; his
head cut off; and his body quartered.  Power being giver.
to congress, in'the clause above referred to, " to declare the
punishmzent of treason," congress has abolished this barbarous
practice. Hanging, simply, is the punishment.
~ 6. " Treason against the United States," as defined by the
constitution, " consists only in levying war against them, or in
adhering to their zeneies, giving' them aid an.d comfort."  A general proneness to construe crimes of a less aggravated char




Chap. XXXVIII.] GOVERNMENT OF THE U STATES.         14.7
acter into acts of treason, rendered it proper that the constitution should define the crime. An assemblage of men
for a treasonable purpose, such as war against the government, or a revolution of any of its territories, and in condition to make such war, constitutes a levying of war.
~'7. War can be levied only by the employment of force;
troops must be embodied; men must be openly raised; but
there may be treason without arms, or the application of
force to the object. To march in arms with a force marshaled and arrayed, committing acts of violence, in order to
compel the resignation of a public officer, and thereby to
render ineffective an act of congress, is high treason. When
war is levied, all who perform a part, however remote from
the scene of action, being leagued in the conspiracy, commit treason. But a mere conspiracy to levy war is not
treason. A secret, unarmed meeting of conspirators, not in
force, nor in warlike form, though met for a treasonable
purpose, is not treason; but these offenses are high misdemeanors.
~ 8. "No capitation or other direct tax shall be laid, unless in
proportion to the census or enumeration herein before directed to be
taken." (Art. 1, ~ 9.) The word capitation is derived from
the same Latin word as capital, which has been defined.
(Chap. XXVIII, ~ 3.) It is a tax of a certain amount upon
every head or poll, without respect to property; hence it is
usually called a poll-tax. The above clause means, that if
poll-taxes, which are a kind of direct taxes, should be laid
in pursuance of the 3d clause, 2d section, and 1st article of
the constitution, only three-fifths of the slaves are to be
counted. Poll-taxes are not laid to any great extent, in
any of the states.
~ 9. "No tax or duty shall be laid on articles exported from any
state." Probably no law could be devised which would operate equally upon the interests of the different states. Some
states, for example, would be injuriously affected by a duty
on cotton, rice, and tobacco; others by a duty on grain;
and others by duties on manufactures, &c. But were it
even possible to devise a plan which should be equal in its
operation, it could hardly be expected to finite in its favor
a majority of the representatives of the different and conflicting interests. As every necessary object of indirect
taxation may be attained by duties on imports, exports are




148                21TIZEN'S MANUAL.        [Chap. XXXVIIL
properly exempted.  With a view to the same object, it is
expressly provided, in the same clause, that "no preference'
shall be given, by any regulation of commerce or revenuce, to the
ports of one state over those of another; nor shall vessels bound to
or from one state be obliged to enter, clear, or pay duties in another."
~ 10. Of the two remaining clauses of this section, the
one is designed to secure economy, regularity, and accountability in the expenditures of the public money; the other
to secure respect for republican simplicity, and to guard
against the corruption of the officers of the national government by foreign influence.
~ 11. Sundry salutary restrictions are also laid upon the
states.  "No state shall enter into any treaty, alliance, or confederation."  The articles of confederation contained the same
prohibition. If every state were permitted to Enter into
engagements with one or more other states, or with foreign
powers, the rights and interests of the other states might
be seriously injured, and the entire policy of the national
government counteracted. As the power to make treaties
and alliances is vested. in the general government, it is apparent that the same power in the state governments would
endanger the very existence of the union. For a similar
reason, the states may not " issue letters of marque and reprisal."
The power properly belongs to the general government,
and can not therefore be safely intrusted to the state governments.
~ 12. The power to "coin money" was given to the general
government, to secure a uniform currency. But this object
could never be attained, if the power here prohibited were
exercised by the states.
~ 13. A state may not "emit bills of credit." These are defined to be promissory notes or bills issued by the authority
of a state on the credit of the state, and designed to circulate as money. Both during and after the war of the revolution, a large amount of this paper money, almost worthless, was put into circulation by the continental congress,
and by the states. Bank bills which circulate upon private
credit, do not come under the prohibition. And it is the
prevailing opinion that the prohibition does not apply to the
notes of a state bank, drawn on the credit of a particular
fund set apart for -their payment. Some of the states had
declared their irredeemable currency a legal tender.  Hence




Chap. XXXIX.] GOVERNMENT OF THE U. STATES.          149
the prohibition, in the same clause, " to make any thing but
gold and silver coin a tender in payment of debts;" which means
that no person shall be compelled to take in payment of a
6ebt any thing tendered or offered but gold and silver coin.
~ 14. The states are forbidden also to pass any "law impairing the obligation of conztracts."  Laws that would weaken
the force of a contract, or release men from their obligations,
could be contrary to the principles of justice, and give inisecurity to the rights of property: they are therefore with
great propriety prohibited.
~ 15. The power to pass " bills of attainder" and "ex post
facto laws," and the power to "grant titles of nobility," are
among the powers prohibited to the states in this clause.
These acts are in the preceding section prohibited to congress; and being in their nature objectionable, they are
with equal propriety prohibited to the states.
~ 16. The exercise, by the states, of the powers mentioned
in the two remaining clauses of this section, is incompatible
with the exercise of the same powers by congress; and
they are therefore properly prohibited to the states.
CHAPTER XXXIX.
EXECUTIVE DEPARTMENT. PRESIDENT AND VICE-PRESIDENr;
THEIR ELECTION, QUALIFICATIONS, &C.
~ 1. THE executive power is vested in a president of the
United States, who holds his office for the term of four years.
A vice-president is chosen at the same time, and for the
same term. (Art. 2, sec. 1.) The general duties of these
officers are similar to those of the governor and lieutenantgovernor of a state; and this department of the general
government is constituted in a manner similar to that of a
state government.
~ 2. The propriety of three separate and distinct departments of government, legislative, executive, and judicial,
was so generally admitted, and the want of aai executive
power under the confederation was so sensibly felt, that




156                CITIZEN'S MANUAL.      [Chap. XXXIX
every plan of government introduced into the convention
provided for an executive department. In regard, however,
to its organization and the extent of its powers, there was
a great diversity of opinion.
~ 3. First, as to the number of persons of which it should
be composed. An executive magistracy consisting of a
number of persons, as some proposed, and divided in opinion
as they would often be, could not act with the necessary
vigor and promptitude. Measures involving the highest
interests of the nation, and requiring speedy action, might
be subjected to injurious delays, or be entirely defeated by
divided councils. Unity in the executive, too, instead of
tending to monarchy, as some apprehended, would rather
be a safeguard against tyranny, by increasing the responsibility of the office; for, where the whole responsibility of
an act is thrown upon a single individual, it is impossible
to shift any portion of deserved blame upon others.
~ 4. Secondly, as to the tenure of office. Specific terms
of three, six, and seven years were proposed. It was also
proposed to render the executive ineligible for a second
term. A short term was considered necessary to insure
responsibility; and reeligibility would furnish a motive to
good behavior. Against a short term it was urged, that it
might induce an executive to shape his policy with a view
to a reelection rather than to the public good. A long term,
it was argued, would secure greater firmness and independence in the discharge of his official duties, and enable him
to mature and carry out his system of public policy. Eligibility for reelection having been agreed on, the term of four
years was adopted, as being most likely to secure, in an
equal degree, the advantages of both a long and a short
term.
~ 4. Thirdly, the mode of election. Several modes were
proposed: (1.) Election by the national legislature. The
main objection to this mode was, that it would render the executive too dependent upon the legislature. It would encourage bargain and intrigue. Votes would be given by mem.
bers of the legislature, under promises or expectations of
favors in return, either to themselves or their friends. (2.)
Election by the people at large. Against this it was urged,
thfat the people could not be sufficiently informed of the
character of candidates; that they would seldom or never




Chap. XXXIX.]  GOVERNMENT OF THE U. STATES.         151
give a majority of votes to any one man; and that it would
be attended with dangerous  commotions. (3.) Election by
electors chosen for that purpose. For the election of the
electors, however, various modes were suggested; namely,
by the state executives; by the state legislatures; and by
the people.
~ 6. The election of the president by electors was finally
agreed to; and each state was allowed to appoint its electors in such manner as the legislature should. direct.  (Art.
2, sec. 1.) In pursuance of the discretion here given, different modes were adopted in different states. In some the
electors were appointed by the state legislatures; in others
they were elected by the people.  Of the states which
adopted the former mode, all but one have exchanged it for
the latter. In all the states except South Carolina, presidential electors are now chosen by the people.
~ 7. These electors are, by the laws of the several states,
to be chosen by general ticket. The names of two men,
corresponding to the number of senators to which a state
is entitled in congress, together with the names of as many
others as there are representatives of the state in the lower
house of congress, one to reside in each congressional district, are all placed upon the same ballot; and every voter
votes for the whole number of presidential electors to be
chosen in the state. And by a law of congress,,the electors
are required to be chosen in all the states on the same day,
which is the Tuesday next after the first M,,nday bf November.
~ 8. The electors so chosen in each state meet in their
respective states on the first Wednesday of December, and
vote for president and vice-president  and make and sign
three certificates of all the votes given by them, and seal
up the same. One of these certificates is to be sent by a
person duly appointed by them, to the president of theT.senate at the seat of government, before.the first of January
next ensuing; another is to be forwarded by mail, also directed to the president of the senate; and the third is to be
delivered to the United States judge of the district in which
the'electors are assembled.
~ 9. On the second Wednesday of February, the president
of the senate, in the presence of all the senators and representatives, opens the certificates from all the states, and




152               CITIZEN'S MANUAL.         [Chap. XXXIX
the votes aare counted. The person having a majority of all
the electoral votes for president is elected. If no person
has a majority of the electoral votes, the house of representatives must choose the president from those candidates,
not exceeding three, who had the highest numbers of the
electoral votes. But in so doing, the members do not all
vote together; but those of each state vote by themselves;
and the candidate who receives the votes of a majority of
the representatives of a state, has but one vote for each
such majority; from which it appears that there are only
as many presidential votes as there are states; and the
person who receives the votes of a majority of the states, is
elected.
~ 10. Of this mode of electing a president, the election of
1825 is a practical illustration. The votes of the electoral
colleges had in December, 1824, been divided upon four
candidates: Andrew Jackson having received 99 votes;
John Quincy Adams, 84; William IH. Crawford, 41; and
Henry Clay, 37. Neither candidate having received a majority of all the electoral votes, the election of president
devolved upon the house of representatives. Of the three
candidates having received the highest numbers of electoral
votes, Mr. Adams received the votes of thirteen states, Gen.
Jackson, of seven states, and Mr. Crawford of four states..Mr. Adams having received the votes of a majority of all
the states, he was elected.
~ 11. The present manner of electing a president and vice.
president, which is prescribed by the 12th article of amendment, has been substituted for the original plan.  (See Art.
2, sec. 1, cl. 3.) This alteration was probably induced by
the difficulty of electing a president in 1801. Under the
mode then existing, the electors did not designate the office
to which either of the persons voted for was intended to be
chosen. Of the electoral votes given in December, Thomas
Jefferson and Aaron Burr had each 73 votes, the electors
belonging to the same political party having unanimously
voted for them-both. The election must consequently be
made by the house of representatives, where the balloting
was continued many days, when, on the thirty-sixth ballot,
Mr. Jefferson received the votes of a majority of the states,
By the old mode, a tie must of necessity occur whenever
the electors of the most numerous party vote unanimously




alir XkXIX.]  GOVERNMENI OF THE U. STATES.           153
feir the candidates of such party. By requii ing the persons
voted for to be named for the offices for which they are respectively designed, the chances of an equal vote for two
or more candidates for the same office are greatly dimin.
shed.
~ 12. To be eligible to the office of president or vice-presi.
de.nt, a person must be a natural born citizen of the United
States, thirty-five years of age, and must have been fourteen
vears a resident within the United States.  (Art. 2, sec. 1,
cl. 5. Amend. art. 12, cl. 3.)  The reasons for requiring long
terms of citizenship and residence, and mature age and experience, in the case of senators, apply with at least equal
force in the office of president.
~ 13. The constitution properly provides for filling vacancies in the office of president, by devolving the powers
ind duties of the office upon the vice-president. The power.of making further provision for supplying vacancies, is
given to congress (Art. 2, sec. 1).  In pursuance of the
power here granted, it has been enacted, that in case of the
removal, death, resignation, or inability, both of the president and vice-president, the president of the seriate pro-ternpore shall act as president ~ and if he, too, should die, resign, or become incompetent, bhe speaker of the house of
representatives would  assume the duties of the office.
Since the adoption of the constitution, two vice-presicIents
have succeeded to the office of president: the first, in consequence of the death of President Harrison, in April, 1841;
the second, in July, 1850, on occasion of the death of President Taylor.
~ 14. The increase and diminution of the salary of the
president, as in the case of certain other officers, is proper
ly prohibited. Without such prohibition, the compens:tion of a president might be reduced to a sum insufficient
to meet his necessary expenditures, and afford a just remuneration for the services rendered. It would be impolitic to make the executive entirely dependent upon the legislature for his support.  Control over his compensation
would be little less than control.over his will.  On the
other hand, if the emoluments of the office, could I e increased during his official term, he might be tempted to use un.
due influence to procure a needless augmentation of his
salary.




154               CITIZEN'S MANIJAL.           [Chap. XL
~ 15. The president and vice-president go into office on
the 4th day of March next after their election, and end
their term  on the 3d day of March, four years thereafter;
the same days on which senators every six years, and representatives every two years, commence and end their regular terms of office.
CHAPTER XL.
POWERS AND DUTIES OF THE PRESIDENT; TREATIES; PUBLIC
MINISTERS; APPOINTMENTS AND REMOVALS.
~ 1. TTIE powers and duties of the president are enumerated in the 2d and 3d sections of the 2d article of the constitution. He is made the commander-in-chief of the army
and navy of the United States, and of the militia of the several states when called into the actual service of the United States. It has been observed, that silngleness of purpose, promptitude of action, and responsibility, are indispensable to a successful exercise of the powers and dutie,
of an executive; and that these are supposed to be best se
cured by vesting the executive power in a single persor
(Chap. XXXIX. sec. 3.)  To execute the laws, to suppress
insurrections, and carry on war, are executive'duties
and it is highly proper that the president should have the
command of the public forces.
~ 2. The president has also the power to grant reprieves
and pardons for offenses against the United States, except
in cases of impeachment. The necessity of this power
arises from the fallibility of courts of justice. Through
partial or false testimony, errors in conducting trials, or the
mistakes of judges and. juries, a person may be unjustly
convicted; or the offense may have been attended with
palliating or mitigating circumstances. It is proper, therefore, that there should be lodged somewhere a power to
mitigate the sentence, or postpone its execution, or to remit
the punishbent, as the case may seem to require; and in
no other hands, it is presumed, would this power be more
judiciously exercis.e thab'iu those of the executive   ie:rcer




Chap. XL.]  GOVERNMENT OF THE UNITED STATES.       155
the same power is given to the governor of the states.
(Chap. XVI, ~ 4).
~ 3. The next clause confers on the president the power
by and with the advice and consent of the senate, to make
treaties, to appoint embassadors, other public ministers
wnd consuls, judges of the supreme court, and other officers.
A treaty is an agreement between two nations. Treaties
are made to restore or preserve peace, and sometimes to
regulate trade, between nations. It is plain, therefore, that
this power ought to be in the national government. In
monarchical governments it resides in the king. To confide so important a trust to the president alone, would be
imprudent. To associate the house of representatives with
the president and senate, as in the enactment of laws,
would render it impossible to act with the decision, secrecy,
irmness and dispatch, which are sometimes necessary ix
negotiating treaties.
~ 4. The power of making treaties, being neither wholly
executive, nor wholly legislative, but partaking of the nature of both, a part of the legislature-the body combining
more of stability, energy, and experience, and, from  its
oeing less numerous, capable of acting more promptly, as
well as being more easily convened, and at less expenseappears to be very properly associated with the executive
in the exercise of this power. So the power ".to appoint.mbassadors, nzinisters,  or other agents, by whom treaties
are negotiated, seems to be with equal propriety placed in
the same hands.
~ 5. In making a treaty, the terms are arranged and
agreed upon by the agents of the governments; and the
articles of agreement are sent to their respective governments to be ratified. Both governments must ratify, or the
treaty fails. What is meant by the president and senate's
making treaties, is their approving and sanctioning, or, as
it is usually called, ratifying them. Treaties are sometimes
negotiated by persons appointed by the two governments
for that special purpose; at other times by the permanent
representatives or ministers of the respective governments.
~ 6. Each of the principal civilized nations has some ofRcer at hopme, who acts as agent in negotiating. treaties
and tra nsacting other business with foreign governments;
and has also a representative at the seat of each foreign go



s~6                CITIZEN'S MANTAL.             [Chap. XL.
vernment, to transact business for his nation, and to keep
his government advised of what is dclone abroad. Hence,
t-here are at the c;ity of Washington, a mir ister from Great
Britain, one fiom  France, one from Russia, and one from
each of the other principal governments of Europe and
America.  And our government has a minister residing at
the seat of government of each of those countries.  The
officer of our government who corresponds with foreign
ministers, and with our ministers abroad, is the secretary
of state.
~ 7. Representatives at foreign courts are differently
styled, emibassadors, envoys, ministers, and charges des
affaires, commonly written charges d'affaires. An embassador who is intrusted with the ordinary business of a minister at a foreign court, is called an embassador in ordinary.
An embassador extraordinary is a person sent on a particular
occasion, who returns as soon as the business on which he
was sent is done. He is sometimes called envoy; and
when he has full power to act as he may deem expedient,
he is called envoy plenipotentiary; the latter word signifying
full power. An ordinary embassador resides abroad, and
acts in obedience to instructions sent him  from  time to
time.
~ 8. Agents sent by the United States to reside at' foreign courts, are usually called mninisters, especially those
sent to the principal or more important countries.  Charge'
d'affaires are ministers of a lower grade, and are sent to irrnferior countries, or those with whom we have less important relations. The name is French, and is pronouncea
shar-z/a-dcaffair, accented on the first and last syllables.
It means a person having charge of the affairs of his nation.
~ 9. Coqzsuls reside in foreign seaports. Their business
is to aid their respective governments in their commercial
transactions with such foreign countries, and to protect the
rights, commerce, merchants, and seamen of their own nation. Hence much of their business is with masters of vessels, and with merchants. They also dispose of the personal estate left by the citizens of the United States, who die
within their consulates, leaving no representative or partner in trade to take care of their effects.
~ 10. The president has power also, by and with the advice and consent of the senrte, to appointjudges of thp su



Chap. XL.]    GOVERNMENT OF THE U. STATES.        157
preme court, the head officers of the several executive departments,
and a great number and variety of other officers. The elec,
tion of judges of the supreme court of the United. States by
the people, would be not only inconvenient but injudicious.
And as a president is in a measure responsible for the acts
of his subordinates in the several executive departments,
and as without their cooperation and advice he could
scarcely carry out his own measures; the appointment is
properly given to the executive; and by being required to
submit his choice to the body of senators, a sufficient safeguard is provided against the appointment of unworthy oi
incompetenit men.
~ 11. The president has power to fill up all vacancies that
may happen during the recess of the senate, by granting
commissions which shall expire at the end of the next session. (Sec. 2, cl. 3.) Without such a power somewhere,
the public interests would often suffer injury before the next
regular session of the senate, or even before that body could
be convened in extraordinary session. And as the president is responsible for the faithful performance of the duties of the subordinate executive officers, no danger was
apprehended from his having the power alone to fill vacancies until the next session of the senate.
~ 12. In the exercise of powers claimed under the two
preceding clauses, two important questions have arisen
since the organization of the government. First: Is the
consent of the senate required in the removal as well as in
the appointment of an executive officer? From the silence
of the constitution on the subject of removal, it has been
inferred by many of the ablest statesmen, including some
who were most conspicuous among the framers of the constitution-that " the consent of the senate was as neces
sary to displace as to appoint:" otherwise the president
might defeat the object of this provision, which was intended to guard against the abuse of the appointing power.
HIe might, immediately after the close of each session of
the senate, remove any officer at pleasure, and appoint
some favorite who would hold until the expiration of the
next session of the senate; and if, to secure the consent of
the senate, he should be compelled to nominate an acceptable person, he might, immediately after the adjournment
of that body, remove the newly appointed incumbent, and




158               CITIZEI'S MANUAL.            [Chap. XL.
reappoint the obnoxious favorite. Or, if the senate should
refuse to confirm an appointment made during the recess,
he may, as some suppose, after the adjournment, reappoint the same person or any other.  Or he may thus reappoint after the expiration of each session of the senate,
even without having made any nomination during the session.
~ 13. This suggests the other question: Does the power
to fill vacancies authorize such appointments? It has been
alleged that, when an office expires, by its own limitation,
with the session of the senate, a vacancy cannot be truly
said to have happened during the recess, in the mea~ning of the
constitution. The object of the framers doubtless was to
prevent the continuance in office of any appointee, without
the consent of the senate, after the close of the next session.
In 1831, a vacancy was filled by the president, during the
recess of the senate. At the ensuing session, the person
appointed was three times nominated, and as often rejected —
the last time on the last night of the session, and in the:
face of a previous declaration of the president, that he
would nominate no other person. Immediately after the
adjournment, the incumbent was reappointed by the president. The constitutionality of the reappointment was called
in question, but was sustained by the opinion of the attorney-general. The mere opinion, however, of a single individual, holding' his office at the will of the president, in tho
only case of the kind on record, is regarded by many as insufficient to settle this question.
~14. But the doctrine of the power of removal by the
president alone, rests on a better foundation-the practice
of the government. In organizing the auxiliary executive
departments by the first congress, the question arose,
whether the officers of these departments could be removed
by the president, independently of the senate. It was
argued, that, as the president and senate were associated in
making appointments, the fair inference was, that they
must agree in removals. This power in the hands of the
president alone, it was further said, was dangerous to
liberty, monarchical, and would convert executive officers
into mere instruments of his will, In reply it was said, that
the power of removal was completely executive. The president must see the laws faithfully executed; but this was




Chap. XL.]    GOVERNMENT OF THE U. STATES.        159
impossible without the power of removing an officer whose
cooperation was necessary to their execution. An immediate removal might become necessary; and the public interest might suffer from the delay in convening the senate.
After a full discussion of the question, it was decided in
the affirmative. This construction is now settled in practice, although its correctness is not universally admitted.
~ 15. The powers and duties mentioned in the next section, are all properly devolved upon the president. (Airt. 2,
sec. 3.) Congress ought to have the benefit of the information in his possession of the state of the union; and his
recommendation of measures fixes upon him a responsibility
for the policy of his administration, while it takes away
from congress all ground of excuse for neglecting the consideration of necessary measures. The power to convene
congress in sudden emergencies, and the power to adjourn
congress in case of disagreement between'the two houses,
are necessary and convenient powers, and are with propriety given to the executive. The receiving of embassadors and other public ministers, is wisely made a duty.
The refusal to receive a foreign minister is often regarded
by his nation as highly disrespectful and offensive, and has
a tendency to provoke war.
~ 16. By the next section, the president, vice-president,.and all other civil officers of the United States, may be
removed from office on impeachment for, and conviction of
treason, bribery, or other high crimes and misdemeanors.
A definition of impeachment, its objects, and a description
of a trial of this kind, have been given. (Chap. XXVII.) The
propriety of such a precautionary provision to secure a
faithful discharge of public duties, can scarcely be doubted.
Its efficacy, however, as a preventive of official delinquency,
is far less, probably, than its authors supposed. The influence of party prejudice upon the minds of men, is such as
would, in a majority of cases, protect a man against conviction for official misconduct by a court of impeachment,
of whose members more than one-third were of the same
political faith as the offender. So slight, indeed, is the probability of conviction, that impeachment for the most palpable political offenses is seldom. attempted.




160               CITIZEN'S MANUAL.           [Chap. XLIL
CHAPTER XLI.
AUXILIARY EXECUTIVE DEPARTMENTS.-DEPARTMENTS OF
STATE, OF THE TREASURY, OF THE INTERIOR, OF WAR, OF
THE NAVY, AND OF THE POST-OFFICE; ATI ORNEY-GENERAL.
~ 1. THE general executive business of the nation, except.
ing what is done by the president in person, is performed
in the several executive departments, of which the following are the head officers: the secretary of state, the secretary of the treasury, the secretary of the interior, the secretary of war, the secretary of the navy, the attorney-general,
and postmaster-general.  These officers are consulted by
the president on important public matters; and hence they
are called " the cabinet." They are appointed by the president and senate.
~ 2. The secretary of state performs many duties similar to
those of a secretary of a state government.  (Chap. XVI.)
Besides these, he transacts much of the business with the
governments of foreign countries. Instructions from the
president to our public ministers abroad, are communicated
by the secretary of state; and he also conducts the correspondence, and transacts the business to be done, with the
ministers of foreign countries residing here. Hence he is
sometimes called the diplomatic agent. D.plomacy signifies
the forms of negotiation, or the customs and rules which
govern the intercourse of nations through their respective
ministers or agents. The secretary has a number of clerks.
~ 3. The secretary of the treasury conducts the financial
affairs of the government. H's duties are nearly the same
as those of the controller or auditor of a state. (Chap.
XVI.) There are, in this department, two controllers and
five auditors to examine and settle the public accounts, and
collect the debts due the United States; a treasurer to keep
and pay out the money; a register, who keeps accounts of
the goods imported and exported, and of the shipping emr
ployed in our foreign trade; a solicitor; a recorder; and
a large number of clerks.




Chap. XLI.]    GOVERNMENT OF THE tU. STATES.        161
~ 4. The secretary of the interior exercises all acts of supervision and appeal in regard to the office of the commissioner
of patents, and the general land office; in relation to the
acts of the commissioner of Indian affairs, the commissioner
of pensions, and the commissioner of the public buildings:
and he has supervision also over the lead and other mines
of the United States; and he signs all requisitions for the
payment of money out of the treasury on accounts relating
to the several departments of his business.
~ 5. The department of the interior, called also the home
department, was established in 1849. The business of this
department was formerly transacted in the other departments. The patent office was connected with the department of state; the land office with the treasury department;
and the business relating to our Indian affairs belonged to
the department of war.
~ 6. On the war department formerly devolved also the
business relating to military pensions. A penzsion is a year.
ly allowance to a person by the government for past services. In this country pensions are granted for services in
war. Laws were early enacted by congress granting pensions to persons disabled in the war of the revolution so as
to be unable to support themselves by manual labor. To
the pension list were afterward added those who were disabled in the war of 1812. By later laws, the pension list
has been extended to all who had served for six months at
least in the army or navy during the war of the revolution,
and to their widows during their lives. The usual allowance to pensioners is eight dollars a month. Those who
were officers receive a, greater compensation. Since the
late war with Mexico, another class of pensioners has been
added to the pension list. p. 273.
~ 1. The business of the secretary of war relates to the
military affairs of the United States. The nation supports
what is called a standing army, which consists, at present,
of about 10,000 armed men, stationed in different parts of
the United States, and -eady for service when wanted. The
secretary is assisted by a number of subordinate officers
and clerks.
~ 8. The secretary of the navy superintends the business relating to the navy. A  amvy is the fleet, or ships of war,
which a nation keeps to defend itself in time olf war, and to




162                CITIZEN'S MANUAL.          [Chap. XLI.
protect the trade of its citizens on the high seas in time of
peace. There are also employed in this department three
navy-commissioners, and a number of clerks.
~ 9. The attorney-general prosecutes and conducts all suits
in the supreme court in which the United States are concerned, and gives his advice upon questions of law, when
requested by the president or heads of departments.
~ 10. The postmacster-generall establishes post-offices, appoints postmasters, and provides for carrying the mails.
The business of this department is very extensive. There
is a postmaster in almost every town in the union; in some
towns there are several;- and the business of this vast number of officers, is under the general supervision of the department, and subject to its direction. p. 273.
~ 11. Every postmaster is required to keep an account of
all the letters sent from and received at his office, and the
name of the office to which each letter is sent, and of that
from which it is received; also an account of all letters on
which the postage is paid, and the amount paid on each,
and of those which go free of postage. He is also required,
at stated periods, to make out a list of all the letters remaining in his office, and to advertise the same. He sends quarterly to the general post-office an account of all letters sent
and received, and of all moneys received for postage and
paid out on the orders of the department. He sends also
all letters which have been duly advertised and remain in
the office, (called dead letters,) to the general post-office,
where they are opened; and such of them as contain money
or other valuable matter, are returned by mail to the writers of them. Letters also that have been refused at his office,
ardsent to the general post-office.
s-whose co-mi oissir Pges has
ainounte [-tr - ief —tlV$u-~ 200 —-dl-iu-ghthe preceding year,
nmar-reeei-veand-sen- dfreeos    letters on their own,private business, and weighing not exceeding half an ounce;
and members of congress, during their term of office, and
until the first of December after its expiration, may send
and receive letters and packages not exceeding two ounces,
and all public documents, free. The person entitled to send
matter free, must write on the outside his name and the title
of his office. This is called franking. Civil officers at the




Chap. XLTI.]   GOVERNMENT OF THE U STATES.            163
seat of government also may frank matter relating to the
business of their offices,' by marking it outside, " official
business." p. 2]4.
CHAPTER XLII.
JUDICIAL  DEPARTMENT.
~ 1. TEn want of a national judiciary was a material defect of the confederation. Dependence upon the state courts
for the means of enforcing the laws of the union, subjected
the government to great inconvenience and embarrassment.
A government that has a legislature and an executive,
ought also to have a judiciary to judge of and interpret the
laws. By the constitution, " the judicial power of the Unzited
States is vested in one supreme court, alnd in such inferior courts as
the congress may ordain and establish."  (Art. 3, sec. 1.)  And
effect was given to this provision by the judiciary act of
1789, under which the several courts were organized.
~ 2. " The judges of both the supreme and inferior courts hold
their offices during good behavior."  One of the best securities
for a correct and impartial administration of justice, is the
independence of the judges. To insure this independence,
the tenure of the office was made permanent. Judges have
now nothing to fear from a firm discharge of their duties.
If they were liable to be displaced at short intervals, they
would feel too much their dependence upon the appointing
power. They are often called to judge of the validity or
constitutionality of laws upon which the political parties of
the country are divided; and.it was deemed wise to take
away from them every inducement to conform their decisions
to the wishes of the-,-appointing power, which generally
represents the political opinions of the ruling party. The
independence of the judges is further procured by the provision that their "compensation shall not be diminished during
their continuance in o/lice."
~ 3. The first two clauses of the next section declare the
jurisdiction of the judicial power. It is proper that all cases
arising between citizens c f the same state, as well as all




164                CITIZEN'S MANUAL           [Chap. XLII,
cTimos committed against its laws, should be tried in the
courts of the state. But when cases arise under the laws
of the United States, or between different states, or citizens
of different states; or when crimes are committed on the
ocean, or elsewhere beyond the jurisdiction of a state; it is
evident that some other than a state court ought to try
such cases. For example, if a person should violate the
laws of congress made for the collection of duties on goods
imported, he must be prosecuted in i court of the United
States. So a murder committed at sea, beyond the limits
of a state, is properly tried in a national court. Piracy,
which is robbery on the high seas, is always tried in such
court. And so the other cases mentioned.
~ 4. The next clause declares, that " the trial of all crimes,
except in, cases of impeachment, shall be by jury."  The importance
of the right of trial by jury has been considered. (Chap.
XXVI, ~ 1: XXVII, ~ 4.) It is required that" the trial be held
in the state where the crimes shall have been committed."
This is intended to secure the trial, of the accused among
his friends and acquaintances, and near the residence of his
witnesses, whose attendance in a distant state could not be
had without great inconvenience and expense, which might
deprive him of the benefit of an important witness. It was
proper to leave it to congress to direct where the trial
should be in cases of crime committed beyond the limits of
a state.
~ 5. The lowest national courts are the district courts.
Every state constitutes at least one district; a few of the
largest states, two each. In each district is a judge, called
a district judge, who has power to hold a court. There are
also -in each district a district attorney to attend to suits on
the part of the United States, and a marshal, whose duties
in this court are similar to those of a sheriff in a state court.
This court has four stated terms a year. It tries certain
kinds of civil cases, and the lower crimes against the laws
of the United States, committed on land and sea.
~ 6. The circuits embrace larger territories than the districts. There are nine circuits in the United States, each
including several states. In each there is a circuit judge,
who holds a court in his circuit twice a year. The judge
of the district within which the court is held, sits with the
circuit judge in holding a circuit court. Besides certaiD




Chap. XLIITJ    GOVERNMENT OF THE U. STATES.       165
kinds of civil causes, this court tries the highest crimes
against the laws of the United States; as murder within
forts, arsenals, and other territory, the property of the United States, or on the high seas. It also tries some cases of
appeal from district courts. In consequence of the late increase of the number of states and of population, an addition
to the number of circuits has been proposed, and will probably soon be made.
~ 7. The supreme court consists of all the judges of the circuit courts, one of whom is the chief justice of the supreme
court. There are but few causes which originate or commence in this court; its principal business is to rejudge
cases that are brought up from the circuit courts. It holds
one session annually, at the seat of government, commencing in January or February, and continuing about eight
weeks.
~ 8. An important object of: a supreme court of the United States, is to secure a correct and uniform interpretation
to the constitution and laws of the United States.: State
laws, and decisions in state courts, are sometimes made
which are supposed to be repugnant to he constitution and
laws of the United States. And what may be pronounced
constitutional by a court in one state, may be declared unconstitutional in another. Therefore, when any 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 States, such case may be removed by writ of
error to the supreme court of the United States, whose decision governs the juigmnent of all interior courts throughout the union.




166                CITIZEN'S MANUAL.         [Chap. XLIII
CHAPTER  XLIII.
BTATE  RECORDS; PRIVILEGES OF CITIZENS; FUGITIVES,
NEW STATES; POWER OVER TERRITORY; REPUBLICAN
GOVERNMENT; AMENDMENTS; ASSUMPTION  OF PUBLIC
DEBTS; SUPREMACY  OF  THE  CONSTITUTION; OATHS
AND TESTS; RATIFICATION.
Q 1. THE constitution requires that "full faith and crefdit
shall be given in each state to the public acts, records and judicial
proceedings of every other state;" and gives to congress the
power to prescribe the manner of proving them, and their effed. (Art. 4, see. 1.) i One object of this provision is to secure justice to judgment creditors in case of the removal
of their debtors into other states. A person against whom
a judgment has been obtained by due process of law, may
remove with his property into another state, where, in consequence of the remoteness of his residence from that of the
witnesses, or of the*death or removal of material witnesses,
he would be beyond the reach of justice by a new trial.
Hlence is seen the necessity of a provision requiring that
the records of the court in which the judgment was had,
shall be received in evidence, and have full credit, in every
court within.the United States.
~ 2. But there are numerous other cases which this provision is designed to meet; and in pursuance of the power here
granted, congress has enacted, that a certificate under seal of
the clerk of a court of record, may be transmitted to any
state in the union; and wherever it shall be received, it shall
be deemed evidence of the facts therein stated; provided,
that the sealed certificate of the clerk to a judicial proceeding
be accompanied by a certificate of the presiding judge or justice, that the attestation of the clerk is in due form. Acts of
a state legislature must have the seal of the state affixed
to them, in order to be entitled to credit in another state.
~ 3. " The citzzens of each state shall be entitled to all the
immunities and privileges of citizens in the several states."  (Art.
4, sec. 2.) This means that the citizens of any state going
into other states, shall not, by the laws of those states, be
deprived of any of the privileges of citizens; or that native




Chap. XLIII.]  GOVERNMENT OF THE U. STATES.           i67
born or naturalized citizens of any state removing into
another, shall be entitled to the privileges which are enjoyed by persons of the same description in the state to
which the removal is made. Without such a provision,
any state might make laws, denying to citizens of other
states coming into it, the right to buy and hold real estate,
or to become voters, or to hold office, or to enjoy equal
privileges in trade and business. But that provision does
not prohibit a state from prescribing a certain term of residence therein as a qualification for voting at elections.
~ 4. The next clause of this section provides for apprehending " a person charged'with crime, who shall flee from justice, and be found in another state."  The governor of the state
from which such person has fled, sends a requisition to the
governor of the state in which he is found, demanding his
delivery to the proper officers, to be conveyed back for trial.
Without such authority to apprehend criminals, the most
atrocious crimes might be committed with impunity, as the
perpetrators might easily escape justice, by taking shelter
in an adjacent state.
~ 5. In the same section it is provided, that a "person
held to service or labor in one state, (including, slaves,) escaptng into another'," shall not become free by any law of the
state into which he flees, " but shall be delivered up on claim
of the party to whom suclh service or labor may be due."  Before
the constitution was adopted with this provision, a slave
escaping into a non-slaveholding state became free, and
could not be reclaimed. The owner of a runaway slave
finding him in one of the free states, arrests him and brings
him before a magistrate; and if he proves his title to the
slave, to the satisfaction of the magistrate, the slave is delivered up to the owner or claimant.
~ 6. " New states may be admitted by the congress indo this
union; but no new state may be formed or erected within
the jurisdiction of any other state; nor may a aLate be
formed by the junction of two or more states, or parts of
states, without the consent of the legislatures of tite states
concerned, as well as of the congress."  (Art. 4, sec. 3.)
This provision was rendered necessary by the; large extent
of vacant lands within the United States.  ThBj territory
north-west of the Ohio river had been ceded to (.,e general
government by the states claiming the same  an  a ter



1683              CITIZEN'S MANUAL.         [Chap. XLIII.
ritorial government had already been established therein
by the celebrated ordinance of 1787, There was also south
of the Ohio river a vast tract, principally unsettled, within
the chartered limits of Virginia, North Carolina, and Georgia,
extending west to the Mississippi river; from which, it
was presumed, new states would be formed. Justice, however, to these states, as well as to others, and in all future;
time, required the above general provision, that no state
should be divided without the consent of its legislature and
of congress.
~ 7. In pursuance of the power here given to congress,
the following new states have been admitted: Vermont,
in 1791. This state had formed a state constitution as
early as 111; but the territory being claimed by New
York, congress refused to admit her into the confederation.
In 1790, Vermont paid New York $30,000 to relinquish her
claim, and was admitted the next year. Maine, a part of
Massachusetts, was admitted in 1820. From the territory
south of the Ohio, mentioned in the preceding section, the
following: Kentucky was formed from Virginia by consent of her legislature given in 1789. The other southern
states subsequently ceded to the general government their
western lands, friom which were formed Tennessee, Mississippi, and Alabama. From  the north-western territory:
Ohio, Indiana, Illinois, Michigan, Wisconsin.  From  the
Louisiana territory purchased from France in 1803, Louisiana, Missouri, Arkansas, Iowa. From the Florida's, ceded
by Spain to the United States, by treaty of 1819, the state
of Florida. Texas, an independent republic, separated from
Mexico, annexed to the union as a state, by resolution of
congress. From territory acquired from Mexico, California-in all, eighteen states, admitted since the adoption of
the constitution. This number of "new states" will, at no
distant day, be largely increased from the vast extent of
territory which still remains. Several of the organized territories have formed state constitutions, and are now (1858)
ready for admission.
~ 8. The next clause authorizes congress "to dispose of,
and nuke all needful rules and regulations respecting the territory
and other property of the United States."  But as titles to
portions of the territory were disputed, a proviso was added, that nothing in the constitution should " prejudice any




Chap. XLIII.]  GOVYERNtIENT OF THE U. STATES.       169
claim  of the United States, or of any particular state."
The right of the general government to exercise authority
over its territorial possessions, is implied in the power to
acquire them. This express grant establishes the right beyond doubt. In pursuance of the power here granted, congress has made " rules and regulations" for the government of the people of certain portions of the territory previously to their admission as states into the union.
~ 9. By the 4th section of the 4th article, the general
government is bound to "guaranty to every state in this ulnion
a republican form  of government, and to protect eac]h of them
against invasion and domestic violence."  The propriety of a
power to prevent a state from  changing its form of government is self-evident:  and it is equally proper that a
state, when invaded by a foreign enemy, or in case of an
insurrection within its own borders, should have protection
and aid from the general government; especially as the
states have surrendered to it the right of keeping troops
or ships of war in time of peace. (Art. 1. sec. 10.)
~ 10. The 5th article prescribes modes of amending the constitution. It will appear on examination of this article, that
amendments can not be easily effected. The agreement of
two-thirds of both houses of congress upon a proposition for
an amendment, or the union of the legislatures of two-thirds
of the states in requesting congress to call a convention for
proposing  amendments, wvill rarely occur.  And when
amendments are proposed, their ratification by the legisla.
tures of three-fourths of the states, or by conventions in
three-fourths of them, would be still more improbable. Had
an easy mode of amending the constitution been provided,
its strength might have been impaired, and its permanency
endangered, by injudicious alterations. Although twelve
articles, styled amendments, have been adopted, most of
them are mere additions, and do not alter any of the provisions of the constitution.
~ 11. The 1st clause of the 6th article, is an acknowledgment of the obligation of the government to pay "all debts
contracted before the adoption of the constitution."  As has been
observed, congress had borrowed large sums of money, for
the payment of which it had not the power to provide; and
one object to be attained by a change of government, was
to make provision for fulfilling the engagements of the n.a8




170                 CITIZEN'S MANUAL.         [Chap. XLIII
tion.  This clause, it is said, was also intended to allay tht
fears of public creditors, who apprehended that a change iri
the government would release the nation from its obliga.
tions.
~ 12. The next clause declares, that "this Constitution, and
the laws made in pwrsuance thereof, and all treaties made under
the authority of the United States, shall be the supreme law of
the land," and binding above all state authorities. If it were
not so — if all state authorities were not bound by the constitution of the United States, nothing would have been
gained by the union. If the laws made by congress were
not to be the supreme law, why give congress the power to
make them? Or if treaties could be nullified by any power
in a state, why was power to make them given to the general government?  Hence, the judges of every state are
bound by the laws and treaties of the United States, whatever may be found in the laws or constitution of any state
to the contrary.
~ 13. The remaining clause of the 4th article requires
certain officers, both of the United States and of the several
states, to "be bound by oath or affirmation to support this
constitution; but nzo religious test shall ever be required as a
qualification to any office or public trust under the United
States." Binding the conscience of public officers by oath
or solemn affirmation, has ever been considered necessary
to secure a faithful performance of their duties. They are
generally required to swear not only to support the constitution, but also to discharge the duties of their offices to the
cbst of their ability.  Religious tests are forbidden.  Test
here means an oath or a declaration in favor of or against
certain religious opinions, as a qualification for office. In
England, all officers, civil and military, were- formerly
obliged to make a declaration against transubstantiation,
and assent to the doctrines and conform to rules of the
established church. Desirous of securing to all the full enjoyment of religious liberty, the introduction of tests was
properly prohibited.
~ 14. By the last article, the constitution, when ralfied by
"the conventions of nine states," was to be established between
the states so ratifying it. The ratification of the constitution by all the states was doubtful; therefore entire unlanimity was not required; and a union of less than nine states




Chap. XLIV.]  GOVERNMENT 3F THE U. STATES.          171
was deemed inexpedient. The framers closed their labors
in September, 1787; and in July, 1788, New Hampshire,
the ninth state, sent its ratification to congress. Congress
appointed the first Wednesday of January, 1789, for choosing electors of president in the several states, and the first
Wednesday of February for the electors to meet in their
respective states to elect the president. Gen. Washington
was unanimously chosen, and on the 30thl of April was inaugurated president. Proceedings, however, commenced
under the constitution on the 4th of March, preceding. The
ratifications of North Carolina and Rhode Island..were not
received by congress until the following year. The ratification of the former was received in January, 1790; that
of the latter in June of the same year.
CHAPTER  XLIV.
AMENDMENTS TO THE CONSTITUTION.
1~. MucH of the opposition to the constitution arose fromn
the absence of express guaranties of certain rights. The
ratifications of several of the state conventions were accormpanied by the expression of a desire, that in order to prevent misconstruction or abuse of the powers of the constitution, some declaratory and restrictive clauses should
be added. Accordingly, the first congress, at its first session, proposed twelve amendments, ten of which, being the
first ten in the list of amendments, were ratified by the
requisite number of states. Vermont having been admitted
since the adoption of the constitution, the ratifications of
eleven states were necessary. Virginia, the eleventh state,
ratified the 15th of December, 1791. The amendments had
been proposed at the session which commenced the 4th of
March, 1789. Most of these articles of amendment are the
same as are found in the "'bills of rights" in the constitutions of the states.
~ 2. The lst article of amendment guaranties freedom in
-eligion; freedom of speechl and of the press; and the right of




112                CITIZEPN'S MANUAL.          [Chap. XLIV
petition. The first two of these rights are elsewhere considered.  (Chap. XLV.)  The other, which is "the right of
the people peaceably to assemble, and to petition the government for a redress of grievances," is so essential to civil
liberty, and so evidently just, that it can be hardly presumed
that any interference with it would ever receive the sanction of law, had no declaration of the right been made.
~ 3. The 2d article declares "the right of the people to beat
arms." Without this right on the part of the people, ambi
tious men might, by the aid of the regular army, subvert
public liberty, and usurp the powers of government.
~ 4. The 3d article declares that "no soldier shall, in time
of peace, be quartered in any house without the consent of the owner,
nor in time of war, but in a manner to be prescribed by law." An
important right of the common law is, that "a man's house
is his own castle." Among the grievances enumerated in
the Declaration of Independence against the king of Great
Britain, was one "for quartering large bodies of armed
troops" among the people of the colonies. To secure the
people against intrusions of this kind, is the object of this
prohibition.
~ 5. Article 4th guaranties "the right of the people to be secure
in their person.s, houses, papers, and effects, against unreasonable
searches and seizures."  But such sPcurity there could not be,
if persons could be arrested under a general authority given
to an officer, or if warrants could be issued upon a bare ap.
plication. Innocent men would often be subjected to much
trouble and perplexity; and unjust suspicions would be
thrown upon their characters.  It is therefore properly provided, that "no warrants shall issue, but upon probable
cause, supported by oath or affirmation, and particularly
describing the place to be searched, and the persons or
things to be seized."
~ 6. Article 5th declares that "no person shall be held to
answer for a capital or other infamous crime, unless on a presentvzent or indictment of a grand jury," except in certain extraordinary cases. Grand juries and their duties have been
described.  (Chap. XXVII.)  The chief object of an indictment before trial is not to guard against the conviction of
innocent persons, but to prevent to prevent their being subjected to
the trouble of defending themselves in cases of prosecution
originating in mere suspicion, or instigated by malice or




Chap. XLIV.I  GOVERNMENT OF THE U. STATES.              173
revenge.  "Nor shall anyv person be subject, for the same offense,
to be twice put in jeopardy of life or limb."  Biut it is not considered a second trial, in the sense of the constitution, when
the jury on the first prosecution has been discharged without giving a verdict, or when a new trial is granted in behalf of a person convicted, before the judgment of the former trial has been executed.  The propriety of securing to
the people, beyond doubt, the remaining rights mentioned
in this article, and those stated in the next, is evident upon
the slightest consideration.
~ 7. " in suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be preserved." (Amend. art. 7.) The right of trial by jury in civil
cases had not been declared in the constitution; and to
allay the fears caused by the want of an express guaranty
of this right, this amendment was proposed.  By " suits at
common law" are meant those tried in the 6rdinary courts
of law, as distinguished from those tried in courts of equity
and courts of admiralty.  It is further declared, that " no
fact tried by a jury shall be otherwise re:caminined in any court of
the Un.ited States, than according to the rules of the common law."
This means, that when a court of the United States exercises
appellate jurisdiction, the fact, if tried by a jury in the lower
court, must be reexamined in the appellate court according
to the rules of the common law; that is, by a new trialfby
jury.
~ 8. The 8th amendment declares that " excessive bail shall
not be required, nor excessive fines imposed, nor cruel anid unusual
punishments inflicted."  Without the first of these restrictions,
the sums in which persons charged with crime shall be required to give bail, might be fixed so high as to prevent
their procuring the necessary sureties; thereby depriving
them of the privilege of enjoying their liberty until the time
of trial, and often subjecting innocent persons to a long imprisonment.  It is therefore properly left to the court to
determine the sum, which should correspond to the nature
and aggravation of the offense. The same discretion is
given to the courts as to the precise measure of punishment
to be inflicted in each particular case of crime.
~ 9. The 9th article of amendment declares, that " the
enmmerationz, in the constitution, of certain rights, shall nzot be construed to deny or disparage others retained by the people."  There




174                CITIZEN'S MANUAL.           [Champ. XLIV
were persons who feared that, because the constitution
enumerated certain rights as belonging to the people, those
not included in the enumeration were to be considered as
having been surrendered to the general government. Although the nature of the constitution does not afford just
ground for such an inference, the article was inserted to
remove the scruples of those whose jealousy for the rights
of the people had induced them to look upon the constitution
with disfavor.
~ 10..The 10th amendment has nearly the same object as
the preceding.  " Tle powers not delegated to the United States
by the constitution, nor prohibited by it to the states, are r'eserved to
the states respectively, or to the people."  It has already been observed, that the constitution of the United States is an instrument of delegated, and consequently of limited powers;
and that,; as its powers are derived from the states, or from
the people of the states, it necessarily follows, that all
powers not delegated or conferred, are withheld, and belong
to the states, or to the people. This article, therefore, is
useful merely as declaring a rule of construction of the constitution, and as removing a material ground of opposition
to it:  But the granting of any power to congress does not
forbid the exercise of a similar power by the states. The
states retain such power, unless the constitution has in express terms given it exclusively to congress, or unless its
exercise is prohibited to the states, or unless its exercise by
the states is inconsistent with its exercise by congress.
~ 11. The 11th amendment was proposed at the first session of the third congress, March 5, 1794, and the announcement of its ratification by the constitutional number of
states, was made by the president to congress in a message
dated the 8th of January, 1798. This amendment declares
that suits in law or equity shall not be "commenced or prosecuted
against one of the states by citizens of another state."  The 2d
section of the 3d article of the constitution, extends the
judicial power of the United States to controversies " between a state and citizens of another state and of foreign
states."  It became a question whether, under this provision,
suits could be brought against a state, as well as by it.  A
majority of the supreme court so decided. As many suits
were pending against several of the states; and as their
liability to be frequently harassed by suits brought against




Chap. XLV.]    COMMON AND STATUTORY LAW.          115
them created great alarm, this amendment was proposed
and ratified, by which the right of private persons to bring
or comnience a suit against a state is taken away.
~ 12. The 12th and last amendment effects a change in
the mode of electing the president and vice-president of the
United States, and has been considered. (Chap. XXXIX.)
This amendment was proposed at the first session of the
eighth congress, December 12, 1803, and was adopted by the
requisite number of states in 1804, according to a public notice by the secretary of state, dated the 25th of September
of the same year.
COMMON AND STATUTORY LAW.
CHAPTER XLV.
RIGHTS OF PERSONS; FREEDOM OF SPEECH AND THE PRESS;
HABEAS CORPUSS; LIBERTY OF CONSCIENCE.
~ 1. IN the foregoing chapters, we have taken a general
view of the government of a state, and of the government
of the United States. We have seen-how, in each of these
governments, the several departments, legislative, executive, and judicial, are constituted, and what are the
powers and duties of the officers in these departments;
and how the general affairs of these governments are conducted. We now proceed to give an abstract of the laws
which more particularly definfe the rights, and prescribe the
duties, of citizens in the social and domestic relations.
~ 2. The laws by which the rights of citizens are secured,
and their social intercourse is regulated, are, first, statute
laws, the laws enacted by the legislature, and duly published; secondly, the common law, which is not a code of
written laws enacted by a legislature, but which consists
of rules that have become binding by long usage and general custom. The comnon law of this country is the same
as that of England, having been introduced and established




176                CITIZEN'S MANUAL.          [Chap. XLV
here while the people were subject to that country; and
it is still considered the law in all cases in which it has
net been altered or repealed by constitutional or legislative enactments.
~ 3. The rights of citizens are either -ights of person or
rights of property. By the righ/ts of person, or personal rights,
we mean the right to be free to think, speak, and act as
we please, and the right to be secure from injury to our
bodies or persons and our good names. The right of property is the right to acquire, hold, and enjoy property. All
laws may therefore be considered as being intended to secure either the one or the other of these classes of rights.
~ 4. Among the most valuable rights of person, is the
right of every citizen " freely to speak, vrite, and publish
his sentiments" on all subjects; usually termed, " the liberty of speech and of the press."  The word press is here used in
its more comprehensive sense, denoting the general business of printing and publishing: hence, the liberty of the
press is the free right to publish books or papers without
restraint, except such as may be necessary to prevent infringements of the natural rights of other men.
~ 5. It was formerly common among the monarchical governments of Europe, to prohibit persons from speaking
against the sovereign or his government. Books and papers could not be published until they had been examined
and approved.  The persons authorized to examine the
manuscripts, were called censors.  With the progress of
free principles, however, these restrictions upon the freedom of speech and of the press have been, in most of these
countries, essentially relaxed or entirely removed.
~ 6. In the United States, no law can be passed which
shall prevent the humblest citizen from censuring the conduct of the highest officer of the government.  Men may
not, however, speak or publish against others whatever they
please. While the constitution guaranties freedom of speech
and of the press, it makes men "responsible for the abmse
of that right."  Without some restraint, men might, by false
reports or malicious publications, injure the good name, the
peace, or the property of others. Nor may they, in all cases,
even speak the truth of others to their injury.
~ W. To defame another by a false or malicious statement
or report, is either slander or libel. When the offense con,




Chap. XLV.]    COMMON AND STATUTORY LAW.            177
sists in words spoken, it is slander; when in words written
or printed, it is called libel. As a slander in writing or in
print is generally more widely circulated, and likely to do
greater injury, it is considered the greater offense. Hence
damages may sometimes be recovered for slanderous words
printed, when for the same wcrds merely spoken, a suit
could not be maintained.  In case of slander, a man is liable
only for damages in a civil action; but for libel, a person
is not only liable for private damages, but he may also be
indicted and tried as for other public offenses.
~ 8. By the common law of England, the libel was considered as great when the statement was true as when
false, because the injury might be as great; therefore, when
prosecuted for libel,' a man was not allowed to prove to the
jury the truth of his statement. But it may sometimes be
proper to speak an unfavorable truth of others. In most
of the states, therefore, it is provided by law or by their
constitutions, that "the truth tmay be given in evidence to
the jury; and if the matter charged as libelous is true, and
was published with good motives and for justifiable ends,
the party shall be' -acquitted."  In the state of Vermont,
however, and perhaps a few other states, if the party prosecuted proves the truth of his statement in any case, he is
acquitted.
~ 9. Another valuable personal right is the privilege of
the " writ of h]abeas cor2ps."  This is a Latin phrase, and
means, have the body. This privilege was long enjoyed by
the people of Great Britain before the settlement of the colonies, and by the colonists, as British subjects, to the time
of their independence. It was natural, therefore, that the
latter, in establishing governments for themselves, should
insert in their constitutions a provision.-guarantying so valuable a right.
~ 10. A person committed, confined, or restrained of his
liberty, for a supposed criminal matter, or under any pretense whatsoever, may, before the final judgment of a court
is pronounced again st him, petition a competent court or
judge, stating the cause of complaint. The judge then
issues a writ against the party complained of, commanding
him to bring before the court or judge, the body of the
person confined; and if he shall refuse to do so, he may be
imprisoned. If, upon examination, it appears that the coI:n
8*




l TS              CITIZEN'S MANUAL.         [Chap. XLVI.
plainant has been illegally confined, the judge may discharge
him.
~ 11. Liberty of conscience is the liberty to discuss and
maintain our religious opinions, and to worship God in
such manner as we believe most acceptable to him. History informs us of countries in which the people have been
prohibited the enjoyment of this most valuable of all human
rights. Even in some called Christian, thousands have been
put to death for the expression of their religious opinions.
But the rights of conscience are now more extensively
tolerated. In some countries, however, there is still an
established religion; that is, some religious denomination
receives the support of the'government, as in Great Britain.
This is called "a union of church and state."  But in this
country, the government does not interfere in religious
matters, except to secure to every denomination, " without
discrimination or preference, the free exercise and enjoyment of religious worship."
CHAPTER XLVI.
DOMESTIC RELATIONS.-MARRIAGE, AND THE RELATION OF
HUSBAND AND WIFE; PARENT AND CHILD; GUARDIAN
A.ND WARD; MINORS; MASTERS, APPRENTICES AND'SERVANTS.
~ 1. To make a marriage contract binding, several things
are necessary: Persons must have sufficient understanding
to transact the common business of life; hence, lunatics
and idiots cannot bind themselves in marriage. The parties
must not be nearly related to each other. The laws of the
states generally declare at what degrees of relationship
persons are forbidden to marry. Persons must be of sufficient age. In states where the age of consent, (as it is
called,) is not fixed by statute, the common law must. govern, which allows males to contract marriage at the age of
fourteen years, and females at the age of twelve. Persons
must act freely. If the consent of either party has been




Chap XLVI.]   COMMON AND STATUTORX LAW.             1]9
obtained by force or by fraud, the marriage may be declared
void. p. 275.
~ 2. No person can lawfully marry who has a wife or
husband living. Sun h second marriage is, by the common
law, null and void. In some of the states, perhaps most of
them, it is declared polygamy, and a state prison offense, except in certain cases; as when the husband or wife of the
party who remarries is long absent, and the party remarrying does not know the other to be living within the time;
or when the former marriage has been lawfully annulled or
dissolved; or if the former husband or wife of the party remarrying has been sentenced to imprisonment for life, and
perhaps a few other cases, differing somewhat in different
states. In case, however, a marriage has been annulled or
dissolved for the cause of adultery, the criminal party is, in
some states at least, not allowed to remarry. Where there
is no state regulation, the common law governs, which is
that nothing but death, or the decree of a competent court,
can dissolve the marriage tie. p. 276.
~ 3. The manner in which marriages are to be solemnized,
and by whom, and the manner in which marriage licenses
are obtained, or notices of marriage published, (which are
required in some states,) are prescribed by the laws of the
states in which such regulations exist. Marriages may be
solemnized by ministers of the gospel, judges, justices of
the. peace, and certain other officers. But a simple consent
of the parties, declared before witnesses, renders a marriage lawful. p. 216.
~ 4. The husband and wife are in law regarded as one
person. By the common law, the husband has a right to
the property of the wife which she had before marriage.
He has a right to the use and profits of her real estate, during his life, if he shall die before his wife; in which case
she takes the estate again in her own right. If the wife
dies first, and there are no children, her heirs immediately
take the estate. If there are children living, the husband
holds the estate for life; and on his death it goes to the
wife or her heirs.
~ 5. A husband cannot sell the real property of his wife,
unless she joins with hiLi  in the deed. But her chattels
reMl, which are leases for years, and all her personal estate,
incliuding debts due her by bond, note, or otherwise, when




180               CITIZEN'S MANUAL.          [Chap. XLVL
collected by him, become his; and he may dispose of them
as he pleases; and they may be sold on execution for his
debts. If he makes no disposal of the chattels real in his
life time, he can not devise them by will; and the wife,
after his death, takes them in her own right. If he shall
survive his wife, ire acquires an absolute right to them.
~ 6. This provision of the common law which gives to the
husband the possession and disposal of the property of the
wife, has been repealed by special enactments in most of
the states. By these state laws, the real and personal property of the wife owned by her before marriage, or lawfully
conveyed to her by any other person than her husband after
marriage, together with the rents and profits of such property, is declared to be her own, and not liable for the debts
of her husband; except in a few cases specified in the laws
of each state: and she may dispose of the same by will, or
otherwise. p. 2T1.
~ 7. As the husband, where the common law prevails, acquires, by marriage, an interest in his wife's property, he
is obliged to pay her debts contracted before marriage;
but if they are not recovered of him during coverture, he
is discharged.  Cove'rture, in law, is the state of a married
woman, considered as under cover, or under the power of her
husband. p. 2T7.
~ 8. It is the duty of the husband to maintain his wife;
and he is bound to pay debts which she may contract for
necessaries, but for nothing more. And it seems to be the
law, that even if he forbids all persons to trust her, she can
bind him for necessaries, if they have become separate
through fault on his part. If they part by consent, and he
secures to her a separate maintenance, and pays it according to agreement, he is not answerable even for necessaries. p. 218.
~-9. The husband and wife can not be witnesses for or
against each other in a court of justice; but any declarations which a wife makes when acting as the agent of her
husband, may be taken as evidence against him.
~ 10. It is the natural and reasonable duty of parents to
maintain and educate their children, until they become of
suitable age to provide for themrselves. The age at which
the obligations of parents, as guardians of their children,
end, is twenty-one years, which is called the age of inajority,




Chap. XLVI.]   COMMON AND STATUTORY LAW.          181
when persons are said to be of age. Hence, under twentyone they are in law called infants, or minors, and are said
to be in a state of minority. In Vermont and Ohio, females
at the age of eighteen years are of age.
~ 11. As parents are bound to support their minor children, they have a right to their labor; and they may recover
the money for the wages of their children, from any person
employing them without their parents' consent. A parent
is not bound to pay even for necessaries sold to a child,
unless a child had authority from the parent, or unless the
parent neglected to provide for the child, or forced him
from home by severe usage. When a child is obliged to
support himself, he is entitled to his own earnings. A second husband is not bound to support the children of his
wife by a former husband. If, however, he receives such
children into his family, he is liable to support them as his
own.
~ 12. In ordinary cases, a father's obligation to maintain his children ceases when they become of age, however
wealthy he may be. If, however, he has a poor,, blind,
or decripit child who, though in his majority, is unable to
maintain himself, he is bound, if able, to support such adult
child, and not allow him to become a public charge.
~ 13. The father is the natural guardian of a child, and
after his death, the mother. But a father may, by his deed,
or last will, dispose of the custody and tuition of a minor
child, while under twenty-one years, to another person,
who then has the care and management of the minor's personal estate, and of the profits of his real estate, during the
time for which the disposal was made. Such person is
then guardian, and the child is called ward.
~ 14. If the father dies before the child is of age, and
does not by will appoint a guardian, the mother becomes
the guardian of the child, and in some cases of his property
also, until he arrives at the age of fourteen years, when he
may choose a guardian for himself. When an infant becomes possessed of an estate in lands, if there is no father,
the mother has the guardianship of the estate; and if there
is neither father nor mother, then the nearest and eldest
relative takes the guardianship of such estate.
~ 15, The statutes of the several states do not declare
how far minors may bind themselves by contract or agree



182                CITIZEN'S MANUAL.         [Chap. XLVI
ment. In such case, the common law must determine. In
g.eneral, a minor is not bound by a bargain which he may
make; but if he agrees, after becoming of age, to fulfill a
contract which lie made while a minor, he must do so.
And if he has no father or other guardian, he is bound to
pay for articles actually necessary for him. But the person who trusts him must make inquiry; and if the minor
has been properly supplied by his friends, the person trusting him can not recover; nor can he in any case recover
more than the actual value of the goods sold to the minor.
~ 16. But minors are responsible for the payment of fines;
and they may be prosecuted and tried for acts of fraud and
crime. It is not easy, however, to determine, from the
practice of courts of law, in what particular cases a minor
is or is not accountable for fraudulent acts. His age, and
the circumstances in which he was placed, might be such
as to free him from obligation; but for an act of gross and
palpable fraud, committed by an infant who has arrived at
the age of discretion, he would -be responsible.
~ 11. In general, male infants, and unmarried females
under eighteen years, may, of their own free will, bind
themselves, in writing, to serve as npprentices or servants,
in any trade or employment; males, until the age of twenty-one, and females, until the age of eighteen, or for a
shorter time. A minor thus binding himself must have the
consent of the father; or if the father is dead, or disqualifled by law,' or neglects to provide for his family, then consent must be had of the mother; or if the mother is dead
or disqualified, then of the guardian.
~ 18. Children that have become chargeable to the town
or county for their support, may be bound out by the proper officers having charge of the poor And the laws of the
states generally require, that a person to whom a child is
bound, shall agree to cause such child to be taught to read
and write, and also to be instructed in the general rules of
arithmetic. The laws of some states do not require instruction in arithmetic in the case of female apprentices.
~ 19. The laws also provide for compelling both parties
to fulfill their obligations; Masters have a right to correct their apprentices with moderation for negligence or
misbehavior; and they may recover damage at law of
their apprentices for w'ilfifi absence. On the other hand. P




Chap. XLVI.]   COMMON AND STATUTORY LAW.             183
master may be prosecuted for ill usage to his apprentice,
and for a breach of his covenant. A master is liable to pay
for necessaries for his apprentice, and for medical attendance; but he is not o liable in the case of a hired servant.
~ 20. When an apprentice becomes immoral or disobedient, investigation may be had of the matter by the proper
authorities, and if good cause exist, the indenture may be
annulled, and the parties discharged from their obligations.
Upon the death of a master, an apprenticeship is dissolved.
~ 21. There is, it is believed, no statute law in any state
particularly defining the rights and obligations of hired
servants and the persons employing them. Both are obliged
to fulfill their agreement. If a hired servant leaves the service of his employer, without good cause, before he has
worked out'the time for which he was hired, he can not recover his wages. And for immoral conduct, wilful disobedience, or habitual neglect, he may be dismissed. On the
other hand, ill usage, or any failure on the part of the employer to fulfill his engagement, releases the laborer from
his service.
~ 22. How far a master is answerable for the acts of his
hired servant, is not clear. As a general rule, however, the
master is bound by contracts made, and liable for injuries
done, by a servant actually engaged in the business of his
master, whether the injury proceeds from negligence or
from want of skill. But for an injury done by a wilful act
of the servant, it is considered that the master is not liable.
If the servant employs another to do his business, the master is liable for the injury done by the persoi so employed.
But a servant is accountable to his master for a breach of
trust, qr for negligence in business, or for injuring another
person in his master's business.




184                CITIZEN'S MANUAL.        [Chap. XLVII
CHAPTER XLVII.
RIGHTS OF PROPERTY. —TITLE TO PROPERTY BY DESCENT,
OR INHERITANCE; WILLS AND TESTAMENTS.
~ 1. EVERY citizen of the United States may hold lands,
and take the same by descent, devise, or purchase. To take
land by descent, is to obtain it by inheritance. When a
person, dying, makes no previous disposal of his property,
it falls, or descends, by right, to his children or other relatives: hence they are said to become heirs to the property
by descent. But a person may direct his property to be given,
after his death, to whomsoever he pleases. This is called
devising property, or bequeathing it; and the person receiving
the property is said to have acquired it by devise. A person
paying for property an equivalent in money or some other
property, obtains it by purchase.
~ 2. But though every citizen of the United States may
hold real estate, and convey it to others, the like privilege
is not enjoyed by all aliens. By the common law, aliens can
not hold and convey real property. In many states, however, laws have been enacted removing this disability.  On
declaring their intention to become citizens, and complying
with certain regulations prescribed by law, an alien acquires
the right to take and hold real estate to himself and his
heirs forever.
~ 3. The laws of each state prescribe the order in which
the property of intestates descends to their heirs. A testament, or will, is a written instrument, in which a person declares his will concerning the disposal of his property after
his death. The word testament is from the Latin testis,
meaning witness: hence the application of the word to this
instrument, which is the witness or proof of a person's will.
The person making a will is called testator; a person dying
without making a will or testament, is called an intestate.
~ 4. The order in which the real estate of an intestate
descends, being to a great extent determined by the laws
of the states, is not uniform in this country. In general,
however, the property of an intestate descends, first, to his
lineal descendants; that is, persons descending in a direct




Chap. XLVII.]  COMMON AND STATUTORY LAW.!85
line, as from parents to children, and from children to grandchildren. The lineal descendant most nearly related to the
intestate, however distant the relation may be, takes the
property.
~ 5. If any children of an intestate are dead, and any are
living, the inheritance descends to the children living, and
to the descendants of the children dead; so that each child
living shall receive such share as he would receive if all
were living, and the children of those who are dead, such
share as the parents would receive if living. Thus, suppose
an intestate to have had three sons, one of whom is dead,
but has left children. In this case, each of the sons living
would share one-third of the property, and the children of
the other son would have the remaining third.
f 6. But if the children are all dead, and there are grandchildren living, the'grand-children share equally in the inheritance, though not an equal number are children of each
parent. If, for example, A dies intestate, leaving two sons,
B and 0, both of whom die, the one leaving three children,
and the other two, the five share equally in the estate. If,
ho'wever, B, having three children, were living, and C were
dead, leaving two children; then one-half of the property
would descend to B, the son, and the other half to the two
grand-children, the children of C. p. 278.
~ 7. The order of descent is so various in the different
states, especially in cases in which there are no lineal descendants of an intestate, that it can be ascertained only by
reference to the laws of each state. As a general rule,
however, the inheritance passes, (1.) to the lineal descendants of the intestate; (2.) to the father; (3.) to the mother;
(4.) to the collateral relatives. But even to this general
rule, there are exceptions in the laws of some states. p. 278
~ 8. All persons of full age and sound mind, except married women, may give and bequeath real and personal estate
by a last will and testamnzent. In many of the states, perhaps
in most of them, personal estate may be willed by persons
at an earlier age. In a few states, females at eighteen may
make a will of real and personal estate. In Connecticut,
married women may dispose of real and personal estate by
will, as any other person; and infants of either sex may
bequeath personal estate at seventeen. In Ohio and some
other states, personal estate may be willed verbally, if the




186               CITIZEN'S MANUAL          [Chap. XLVIT.
will is reduced to writing within ten days after speaking
the testamentary words, and subscribed by two disinterested
witnesses.
~ 9. In most of the states, laws have been recently enacted, by which married women are allowed to hold, in their
own exclusive right, all the property, real and personal,
Which they possessed at the time of marriage, and which
they may acquire after marriage.  (See Chap. XLVI ~ 6.)
With the right of possession is also given, in most of these
states, the power of disposing of the property by will.
~ 10. A will devising real estate must be subscribed by
at least two attending witnesses, in whose presence the
testator must subscribe the will, or acknowledge that he
subscribed it, and declare it to be his last will and testanlent. In the six New England states, and several others,
three subscribing witnesses are necessary. If the testator
is unable to sign his will, another person may write the
testator's name by his direction; but he should sign his
own name as witness to the will. p. 282.
~ 11. A testator may revoke or alter his will, by a later
will or writing, executed in the same manner. But the'second will, to revoke the former, must contain words expressly revoking it, or direct a different disposal of the property.
A will may also be revoked by a sale of the property. And
any alteration of the estate or interest of the testator in
lands devised, by the act of the testator, is held to be an
implied revocation of the will. Lands purchased after a
will has been made, are not conveyed by it.
~ 12. As a general rule, a will is also revoked by the
subsequent marriage of the testator and birth of a child.
These circumstances, not contemplated at the time of making his will, and imposing upon him new duties and obligations, are presumed to have altered the testator's mind.
If, however, the wife and child have been otherwise provided for, marriage and a child will not revoke a will.
The will of an unmarried woman is revoked by her marriage.
~ 13. By the statutes of some states, a child born after
the death of the testator, or born iin his lifetime and after
the making of the will, inherits a share of the estate, as if,1he father had died intestate. In other states, the statute
Toes further, and gives the same relief to all the children




Chap. XLVII.]  COMMON AND STATUTORY LAW.            187
who are not provided fir by will, and who have not had
their portion in their parent's lifetime.
~ 14. A codicil is an addition, or supplement to a will, and
must be executed with the same solemnity. It is no re vocation of a will, except in the precise degree in which it is
inconsistent with it.
~ 15. After the death of a testator who has bequeathed'
any real or personal estate, any executor, or any person interested in the estate, may have the will brought before the
court for probate, which means proof.  (See Chap. XXVII,
~ 14.) The court causes the witnesses to the will, and such
others as any person interested may desire, to come before
the court to be examined. An executor is a person named
in the will of a testator, or otherwise appointed, to carry
the will into effect.
~ i6. When a will has been duly proved and allowed, the
court issues letters testamentary to the executor. Letters
testamentary give to an executor authority to carry a will
into effect, and to settle the estate of the deceased. If the
person named in the will refuses to act, or is not lawfully
qualified, the court appoints a person, who, in that case, is
called administrator; and the court issues letters of adminislration with the will annexed. It is the duty of an executor to.follow the directions of a will, so far as it goes; and in the
rest of his duties, he must be governed by the law concerning administrators.
~ 17. Letters of administration are also issued in case of
a person dying intestate. They give to the persons appointed to settle the estate of the intestate, the requisite
authority. They are issued, first, to the widow or next of
kin, or both, as the court may think fit. If such person or
persons are incompetent or unsuitable, or if they refuse to
serve, the letters of administration are granted to such other
person as the law designates. The law prescribes particularly the manner in which the property of deceased persons
shall be disposed of, and their debts paid.




188                CITIZEN'S MANUAL.        Chap. XLVIIh
O11H APTER  XLVIII.
DEEDS AND MORTGAGES, AND THE PROOF AND RECORDING
OF THEI.
~ 1. EVERY person capable of holding real property, may
also dispose of and convey his right to such property to another person. Hence, the writing, by which this right is
transferred, is called a conveyance; but more frequen'tly the
instrument by which a title to land is conveyed, is called
deed, and is held by the purchaser as evidence of his title to
the land. WTithout a deed, he could not hold the land
against a subsequent purchaser having a deed.
~ 2. Whenever, therefore, any real estate is to pass from,
one to another, the seller gives the buyer a deed. The deed
mentions the names of the parties, the consideration or
price paid, or to be paid, the place where the land is
situated, and its boundaries;  and in express words
grants and conveys all the interest of the seller or grantor
to the purchaser, and to his heirs for ever: and the seller
affixes his name and seal to the instrument, usually in the
presence of one or more subscribing witnesses. p. 283.
~ 3. But after a deed has been thus executed, the title of
the purchaser is not secure, until the deed is recorded in
the office of the proper recording officer of the county in
which the land lies; or in the office of the town clerk, in
those states in which conveyances are required to be there
recorded. If the land should be conveyed by the seller to
a subsequent purchaser who should get his deed first on
record, such purchaser would hold the land, unless, before
purchasing, he had had notice of a sale and deed to a prior
purchaser. p. 284.
~ 4. In some states, however, a reasonable time is allowed
a purchaser to get his deed on record, before he loses his
right of possession by the earlier recording of another's
deed. In some others the time is fixed by law, and varies
in the different states from fifteen days to two years. But
a deed, though not recorded, is good against the seller or
grantor; and the dispossessed purchaser has a lawful claim
against him for'the value of the land. p. 284.




Chap. XLVIIl.1 COMMON AND STATUTORY LAW.           189
~ 5. Before a conveyance is recorded, the person executing it must. acknowledge, before a proper officer, that. he
executed the conveyance; and the officer must certify in
writing on the back or margin of the instrument, that the
person did so acknowledge. In every state, dither some or
all of the following officers may take acknowledgment:
judges of courts and justices of the peace; commissioners
of deeds, appointed for that purpose; notaries public;
mayors of cities and aldermen. Every deed duly acknowledged and delivered to the proper recording officers to be
recorded, is, with the acknowledgment, copied at length,
word for word, in a book provided for that purpose.
~ 6. The deed usually given is a wa'raznty deed, in which
the grantor agrees that he is seized of the premises in feesimple, (is the absolute owner,) and that he will warrant and
defend the premises in the quiet and peaceable possession
of the purchaser and his heirs, forever. A quit-claim deed
merely conveys the interest or claim of the grantor, without any warranty of title against any other claimant.
~ 7. A mortgage is a writing which conveys to another
person a right to property as security for the payment of
a debt, and is to have no force or effect when the debt is
paid. A mortgage conveys land in the same manner as
a deed; but a condition is added, providing, that if the
debt for which the land is pledged shall be paid by a certain day, the instrument shall no longer have effect.
~ 8. When land is sold, and any part of the purchase
money is to be paid at a future day, the seller usually conveys the land by deed to the purchaser; and the purchaser
executes a mortgage to the seller, pledging the land as
security for the payment of the money remaining unpaid.
A mortgage also conlains a condition, that if the money
shall not be paid according to the agreement, the mortgagee,
or person holding the mortgage,' may sell the land to raise
the money due; but if he sells it for more than the amount,
the overplus must be paid to the mortgager.
~ 9. To effect a full conveyance of real estate, a wife
must join with her husband by signing the deed with him;
otherwise, if he should die in her lifetime, she would have
for life the use of one-third of such estate. This right of a
widow is called the right of dower. It is common, therefore, for the wife also to sign the deed; and she must also




190               CITIZEN'S MANUAL        [Chap. XLIX.
acknowledge, before the offic&r taking the acknowledgment, and apart from her husband, that she sig ned the deed
freely, and without compulsion of her husband. In some
states, the acknowledgment of the wife out of the presence
of her husband is not required. p. 284-286.
CHAPTER XLIX.
INCORPOREAL HEREDITAMENTS; RIGHT OF WAY; AQUATIC
RIGHTS; PARTY WALLS; DIVISION FENCES, &C.
_ 1. THE term, izcorporeal hereditaments, may need explana.
tion to some readers. A hereditanment is a thing capable of
being inherited. Land, and all things attached to it by the
course of nature, or the hands of men; as trees, herbage,
water, buildings, &c., which are comprehended in the term
real estate, are corporeal hereditaments. Incorporeal hereditaments are inheritable rights which grow out of corporeal
inheritances, or which consist in their use and enjoyment;
as, the right of pasturing a common; a right of passage
over the land of another; a right to the use of waters, sometimes called aqmatic r'ights, &c.
~ 2. A right of way, is a right of private passage over
another man's ground. This right is sometimes granted by
the owner of the soil; and to make it a freehold right, it
must be created by deed, though it be only an easement
upon the land of another, and not an interest in the land
itself. An easement is, in general, an accommodation. In
law, it is any privilege or convenience which one has of
another, by grant or otherwise, as a right of way, &c. By
the grant of an easement, the grantee acquires no other
right than what is necessary to the fair enjoyment of the
privilege.
Q 3. If it is a mere personal right, it can not be assigned
to any other person, nfor transmitted by descent. It is so
limited, that the owner of the right can not take another
person in company with him; and when he dies, the right
dies with him. But a right of way belonging to an estate,




Jhap. XLIX.]   COMMON AND STATUTCRY LAW.          191
may be conveyed when the land is sold. Thus, if a man
own lot A and lot B, and he used a way from lot A, over
lot B, to a mill, or to a river; and if he sells lot A, with all
ways and easements, the grantee'will have the same privilege of passing over lot B as the grantor had.
~ 4. A right of way may arise from necessity. If a man
sells a part of his land, and there is no other way to the remaining part, he is entitled to a right of way to it over the
land sold. And if a man sells -land wholly surrounded by
his own-land, the purchaser is entitled to a right of way to
it over the other's ground, even though no such right is reserved. The right of way passes to the purchaser, as necessarily incident to the grant, or included. in it.
~ 5. If one man should give another license to conduct
water in lead pipes through his land, the man having such
license may enter on the land, and dig therein, to mend the
pipes. So if a person has a shop on another's soil by permission, he has, of necessity, a right of passage to and from
it between the highway and the shop. The general rule is,
that when the use of a thing is granted, every thing is
granted which is necessary to the enjoyment of its use.
~ 6. A person has a temporary right of way over land
adjoining a public highway, if the highway is out of repair,
or is obstructed by snow, a flood, or otherwise. But the
right of going upon adjoining lands does not apply to private ways. A person having a right to a private way over
another's land, has no right to go upon adjoining land, even
though the private way is impassable. The reason given
is, that the owner of the way may be bound to repair it,
and its impassable state may be owing to his own neglect.
But if public roads become obstructed, it is for the general
good that the.public should be entitled to pass in another
direction.
~ 1. A right of way sometimes arises by prescription;
which is the right or title to a thing derived from long use
and enjoyment. A person who is in possession of an interest or privilege which he and those fi-om whom he received
it, have enjoyed, undisturbed, for a long course of years,
may, by virtue of this long use, have acquired a valid title
to it: hence, he is said to hold it by prescription. A right
similar to this, is that which a man acquires to land which
has been peaceably I eld by himself, or by kimself and pre




192               CITIZEN'S MANUAL.         [Chap. XLIFX
ceding owners, for twenty years. Although the first occupancy was obtained without grant, the long free use of the
land is, in law, equivalent to a grant, and -implies a yalid
title.
~ 8. Another kind of easement is the right of the public
to the use of Navigable waters. The title of owners of land
bounded on a river, extends to the center of a stream; but
the public, where the river is navigable for boats and rafts,
have a right of passage therein as a public highway. The
proprietors of the adjoinihg banks may use the land and
water, but not in a way inconsistent with the rights of the
public. On the other hand, neither the state, nor any individual, has the right to divert the stream from its natural
channel, and render it less useful to the owners of the soil.
~ 9. Islands in a river belong to the persons who own the
land on that side.of the river to which they are nearest. If,
however, they are so situated as to cover the middle of the
river, they belong to the owner on each side.
~ 10. Where lands are bounded by the sea, or by navigable rivers where the tide ebbs and flows, the right of the
soil extends to high-water mark; and the shore below common, but not extrao'dLnary high-water mark, belongs to the
public.
~ 11. The owners of land adjoining highways, have a right
to the soil to the center of the road: the public have only
a right of passage while the road is continued. The owners
of the soil may maintain a suit against any person who encroaches upon the road, or digs up the soil, or cuts down
trees growing on the side of the road. They may carry
water in pipes under it, and have every use of it that does
not interfere with the rights of the public.
~ 12. A party-wall belonging equally to the owners of two
houses, may be pulled down by the party wishing to erect
a new house and a new wall; but he must pull down and
rebuild the new wall in a reasonable time, and with the
least inconvenience: and if it is clearly necessary that the
old wall should be repaired, the other party is bound to contribute ratably to the expense of the new wall; but not a
higher one than the old, nor one with -more costly materials.
All extra expense must be borne by the party building the
new wall.
~ 13. Where the wall of the house to be pulled down be



Chap. XLIX]   COMMTIION AND STATUTORY LAW.         193
longs exclusively to the owner of the house, and stands
wholly on his lot, yet if the beams of the other house rest
upon the wall pulled down, and have done so long enough
to establish an easement by prescription, the owner of such
other house is entitled to. have his beams inserted for a
resting place in the new wall.
~ 14. The owner of a house in a compact town, intending
to pull it down, and to remove its founmcations, is not liable
for injury to the adjoining house, if he gives due notice of
his intention to the owner of such adjoining house, and removes his own with reasonable care.
~ 15. The subject of division fences between the owners of
adjoining lands might, from its nature, seem to require notice in this place; but the obligations of the occupants of
adjoining lands in regard to partition-fences, are almost exclusively the subject of statute regulations.
~ 16. Every proprietor of lands adjoining a stream, has
naturally an equal right to the use of the water that flows
in the stream adjacent to his lands, " as it was wont to
run."  Each may use the water while it runs upon his own
land; but he can not unreasonably detain it, or give it
another direction; and he must return it to its ordinary
channel when it leaves his estate. He can not, by dams or
any obstruction, cause the water injuriously to overflow the
grounds of the neighbor above him, nor so use or apply it
as materially to injure his neighbor below him.
~ 17. But this right to the use of waters, as an easement
to the land, may be acquired and lost, or abridged and enlarged, by prescription. A man may diminish the quantity
of the water, or corrupt its quality by the exercise of certain trades; and by such use of the water for a sufficient
length of.time, he is in law presumed to have acquired it by
grant; and this presumption is the foundation of his right
by prescription. The time of such use and enjoyment of
water necessary to establish such right, is twenty years,
except in states in which a different period is fixed  by
statute.
~ 18. It is a general and established doctrine, that an exclusive and uninterrupted enjoyment of water, or of light,
or of any other easement, in any particular way, for twenty
years, or for any period less than twenty years, which in
any particular state is the established period of limitation,
9




194               CITIZEN'S MANUAL.             [Chap. L.
is a sufficient enjoyment to raise a presumption of title, as
against the right of any other person. The time of enjoyment necessary for the prescription, is deemed to be uninterrupted, whether it has been continued from ancestor to
heir, and fri:om seller to buyer; or whether the use has been
enjoyed during the entire period by one person.
~19. As a right may be acquired by use, so also it may
be lost by disuse; and as an enjoyment for twenty years
is necessary to found a presumption of a grant, and establish a right; an absolute discontinuance of the use for
twenty years, (where a less period is not fixed by law,)
will raise the presumption that the right has been released
or extinguished. Thus a title to land may pass from its
actual owner by non-occupancy for twenty years; and a
title to it may be acquired by an undisturbed occupant,
who shall hold it in peaceable and uninterrupted possession for the same number of years. p. 286.
CHAPTER L.
LEASES  ESTATES FOR LIFE; ESTATES FOR YEARS; ESTATES
AT WILL; AND ESTATES BY SUFFERANCE; RENT, &C.
~ 1. REAL estate, the title to which is conveyed by deed,
as distinguished from other estates in land, is called an
estate of inheritance. An estate of inheritance, that is, an
estate in lands that may be transmitted by the owner to
his heirs, is a fee. No estate is deemed a fee, unless it may
continue forever. When it is a pure and absolute inheritance, clear of any qualification or condition, it is called a
fee-simple.
~ 2. An interest in lands which is to continue for a limited period, is usually conveyed by an instrument of writing, called lease. To lease means to let; but generally, to
let real estate to another for rent or reward. The word demise is often used instead of lease. The landlord, or person letting the estate, is called lessor; and the tenant, or
person to whom the land is leased, is called lessee. Leases
for a term longer than one year, are usually required to bo




chap. L.]     COMMON AND STATUTORY LAW.             196
sealed, and in some states proved and recorded also, as'deeds and mortgages.
~ 3. These limited interests in land are divided into estates
for life, estates for years, estates at will, and estates by sufferance. An estate for life, is an estate conveyed to a person for the term of his natural life. Life estates held by
lease, however, are not common in this country. Another
kind of life estate is that which is acquired, not by the acts
of the parties, as by lease, but by the operation of law.
Such is the right of a husband to the real estate of his wife,
acquired by her before or after marriage.  Such also is the
right of dower.  (See Chap. XLVIII, ~ 9.)
~ 4. An estate for years, is a right to the possession and
profits of land for a determinate period, for compensation,
called rent; and it is deemed an estate for years, though the
number of years should exceed the ordinary limit of human
life. An estate for life is said to be a higher and greater
estate than a lease for years, though the lease were for a
thousand years; and if a lease should be for a less time
than a year, the lessee would be ranked among tenants for
years. Letting land upon shares for a single crop, is not
considered a lease; and possession remains in the owner.
~ 5. A lessee for years may assign over his whole interest
to another, unless restrained by agreement not to assign
without leave of the lessor. And he may underlet for any
less number of years than he himself holds; but he is himself liable to the landlord.
~ 6. A tenant for years, whose lease expires after the land
is sown or planted, and before harvest, is not entitled to the
crop, if the lease is for a certain period; for, knowing that
his lease would expire before harvest time, he might have
avoided the loss of his labor.  It is believed that, in a few
of the states, the tenant is entitled to the crop from grain
sown in the autumn before the expiration of the lease, and
cut the next summer after its expiration. But if the lease
for years depends upon an uncertain event, the occurring of
which would terminate the lease before the expiration of
the term, the tenant would be entitled to the crop, if there
were time to reap what has been sown, ir case he should
live.
~ 7. W'here there is an express agreement to pay rent,
the tenant can not avoid payment if the premises are de



196               CITIZEN'S MANUAL.            LChap. L.
stroyed, or if he is in any other manner deprived of their enjoyment and use, even without any default on his part.
Hence, if land should be leased, with a flock of sheep, the
tenant having agreed to pay a certain rent, and the sheep
should all die, the full rent must be paid..So if the land
should be destroyed by a flood, or the tenant driven from
it by public enemies, he would be bound to pay rent. But
if the land should be recovered from the tenant by a person having a better title than that derived from his landlord, he is not liable for rent after his use of the land has
ceased.
~~ 8. A tenant can -not make repairs at the expense of the
landlord, or deduct the cost of them out of the rent, if there
has been no special agreement for that purpose. But if the
premises, fiom want of repair, have become unsafe or useless, the tenant from year to year may quit without notice;
and he would not be liable for any rent after the use had
ceased to be beneficial.
~ 9. When rent is due, a tender of payment is good if
made upon the premises; and if no place of payment has
been agreed on, a personal tender off the land is also good.
As to the time of payment, where there is no special agreement to the contrary, rent is due yearly, half-yearly, or'
quarterly, according to the usage of the country. Where
there is no particular usage, the rent is due at the end of
the year.
~ 10. An estate at will, is where land is let to another, to
hold at the will of the lessor. Tenancies at will, strictly
such, are not common. Such estates, when no certain term.
is agreed on, are construed to be tenancies from year to
year; and each party is bound to give reasonable notice of
an intention to terminate the estate. If the tenant holds
over after the expiration of a lease for years, either by express consent of the landlord, or under circumstances irnplying consent, it is held to be evidence of a new contract
without any definite period, and is construed to be a tenancy
from year to year; and- in those states in which the old
English rule prevails, six months' notice must be given to
the tenant to quit.
~ 11. What turns leases for uncertain terms into leases
fiom year to year, is the landlord's reserving annual rent.
A tenant placed on land without any terms prescribe'd or




Chap. LI.]   COMMOX AND STATUTORY LAW.              19T
rent reserved, is strictly a tenant at will; and it has been
held, that such tenant is not entitled to notice to quit; but
the general rule now seems to be, that even in such case,
the six months' notice is necessary; or, as in some states,
a reasonable iiotice.
~ 12. An estate at smifferance is that which is acquired by
a tenant who has come into lawful possession of land, but
who holds over by wrong after his interest has ceased. He
is not entitled to notice to quit; and where there is no
special statute, he is not liable for rent; and the landlord may enter, and remove the tenant and his goods with
such gentle force as may be necessary.  If undue force is
used, the landlord would be liable to an action for forcible
entry and detainer
CHAPTER LI.
CONTRACTS IN GENERAL; AND WHAT IS NECESSARY TO
THEIR VALIDITY.
~ 1. A CONTRACT is an agreement between two or more
persons, by which the parties agree to do, or not to do, a
particular thing.  Contracts are ezecutory, when the stipula.
tions remain to be executed, or when one party agrees to
ell and deliver, at a future time, for a stipulated price, and
the other agrees to accept and pay. Contracts are express
or implied. They are empress, when the parties contract in
express-words, or by writing; implied, when an act has been
done which shows that the parties must have intended to'
contract; as, when a person employs another to do some
service, it is presumed that the party employing intended to
pay for the labor performed.
~ 2. Contracts are also distinguished as specialties and
simple contracts. A specialty is a contract under seal; as a
deed, or bond. This class of contracts, however, it is not
intended particularly to consider in this place. We shall
here treat chiefly of that common class of contracts called
simple contracts, or contracts by parol. Parol signifies by word
of mouth. Applied to contracts, however, it not only means




J 98               CITIZEN'S MANUAL.            [Chap. LI
verbal contracts, but includes written contracts not under
seal. Both are simple contracts; and the only distinction
between tlhem is in the mode of proof. The mutual understanding of the parties to a verbal contract, may be proved
by parol evidence; but as the real intention of parties is
mlore likely to be expressed in a written contract, the rule
of law is, that parol evidence may not be admitted to condradict or vary the terms of a written instrument.
~ 3. Cases, however, sometimes arise, in which all that
the parties intend is not comprehended in the terms of a
written agreement, or in which the language of the writing
is ambiguous or obscure. In such cases, parol evidence is
admissible, not to vary the terms of a ~written instrument,
but to explain what is doubtful, or to supply some deficiency.
To deny such evidence in cases of this kind, would endanger the rights and interests of one or the other of the parties.
~ 4. To make a valid contract, the par'ties mast be capable of
contractinlg. They must be of sound mind. Hence idiots
and lunatics -are generally incompetent to make contracts.
An idiot is a person born destitute of common sense, usually
called a natural fool. A lmnatic,. or insane person, is one
who has possessed his reason, but has been suddenly deprived of it. It was formerly supposed that this disease
was produced by the influence of the moon. Hence, it is
called lunacy, from luna, the Latin word for moon.
~ 5. If the lunacy is permanent, the lunatic is wholly incapable of contracting. But if it is merely intermittent, or
by turns, a contract made during a lucid interval will be
valid. If a person is a monomaniac, that is, one who is insane upon any one subject or class of subjects, he may contract in relation to subjects upon which he is sane. In the.case of idiots, the general rule is, that if there is such a
want of intelligence as to render the party incapable of acting in the ordinary affairs of life, or in the particular contract, his idiocy, will annul his contract. To invalidate the
contract, it must appear that the party contracting did not
at the time understand what he was about.
~ 6. Contracts by lunatics and idiots may be considered
as not necessarily void, but only voidable; the validity or
invalidity depending upon facts to be proved. The person
seeking to avoid a contract on the ground of mental imbeeility, must prove that the person contracting was at the




Chap. LI.]   COMMON AND STATUTORY LAW.             1]99
time incompetent. But if a general derangement is once
established or conceded, the person is presumed to be incompetent; and the party seeking to enforce the contract, must
prove the other to have beenl sane.
~ 7. Drunkards, also, are incompetent to contract while
in a state of intoxication, provided the drunkenness is so
excessive and absolute as to deprive them of reason for a
time, and create impotence of mind. But for absolute,
necessaries, if the drunkard consumes them during his
drunkenness, or keeps them after becoming sober, he is lia.
ble. Intoxication only renders a contract voidable, not
void, as the party intoxicated may adopt it upon recovering
his understanding.
~ 8. Another requisition to a valid contract, is the mztzual
assent of the parties. A mere offer by one party not assented
to or accepted by the other, constitutes no contract. Assent must also be, given freely. A contract entered in-to
under duress, or compulsion, is not binding; as where assent is extorted by threats of personal injury. Assent must
also be given with a knowledge of facts. A contract made
under an injurious mistake or ignorance of a material fact,
may be avoided, even though the fact is not fraudulently
concealed. But a mistake made through ignorance of the
law, will not render a contract void.
~ 9. A valuable consideration, also, is necessaryto a valid
contract. A consideration is what is given or done, or to be
given or done, as the cause or reason for which a person
enters into an agreement. Thus, the money given or offered, for which a man agrees to perform certain acts or labor,
is the consideration of the agreement. So the consideration
of a promissory note is the property for which the note is
given. A consideration may be something else than money;
it is sufficient if it is any thing that is either a benefit to
the party promising, or some trouble or injury to the party
to whom the promise is made.
~ 10. Mutual promises, also, are sufficient considerations;
but to be obligatory they must be made at the same time:
and it is not sufficient if they are made on the same day,
and at different times. But if mutual promises are made
sire iltaneously, they support each other: the promise by
onc party constitutes a sufficient consideration for a promise
hy he other party. To this rule, however, there are ex



200                CITIZEN'S MANUAL.            [Chap. LI.
ceptions; one of which is, when a proposal is made by
means of agents or letters, in case the parties are distant
from each other. In. such cases,' if the proposition is made
in writing, and sent by mail, and an answer of acceptance
is written and put in the mail, the contract is complete,
unless, before the mailing of the letter of acceptance, a sece
ond letter has been received, containing a retraction of the
proposal.
~ 11. Promises which are wholly gratuitous, are void;
because, being neither a benefit to the promisor, nor an injury to the promisee, they are not regarded, in law, as a
valuable consideration.  Hence, subscriptions to public
works, and charitable, literary, and religious institutions,
if they are merely gratuitous, can not be collected, unless
they have operated to induce others to- advance money,
make engagements, or do other acts to their own injury.
~ 12. As gratuitous promises are void for want of consideration, so merely gratuitous services afford no considera.
tion upon which payment for their value can be lawfully
claimed; there being no promise of compensation. Thus,
voluntarily assisting to save property from fire, paying the
debts of another without request, or securing beasts found
straying, gives no lawful claim for recompense. But if a
person knowingly permits another to do certain work, as
plowing his field, or hoeing his corn, although the work
may have been commenced without his order or request,
his consent will be regarded, in law, as an implied-promzse to
pay for the value of the labor, unless the circumstances of
the case are such as to forbid the presumption.
~ 13. A consideration must not only be valuable; it must
be possible, and in accordance with law, sound policy, and
good morals. A contract founded upon an impossible consideration, is void. No man can be lawfully bound. to do
what is not in the power of man to do. But it is otherwise,
if the thing to be done is only at the time impossible in fact,
but not impossible in its nature. H-ence, inability from
sickness to fulfill anll agreement, or the impossibility of procuring an article of a certain kind or quality which a person
has agreed to deliver, would not exempt him from liability
in damages for the nonperformance of his contract.
~ 14. A contract, the consideration to which is illegal or
immoral, may be avoided by either party. A man can not




Chap. LII.    COMMON AND STATUTORY LAW.             201
be held to an agreement to do acts forbidden by the law of
God, or by the laws of the state. But if an illegal contract
has been executed; that is, if the wrong has been already
done, the'party in.the wrong cannot renounce the contract~;
for the general rule is, that no man can take advantage of
his own wrong; and the innocent party alone has the privilege of avoiding the contract. If both parties are guilty,
neither can, in ordinary cases, obtain relief on a contract
that has been executed,
~ 15. The rule that a consideration is necessary to the
validity of a contract, applies to all contracts and engagements not under seal, except bills of exchange and negotiable notes after they have passed into the hands of an innocent indorsee. (See Promissory Notes.) In contracts under seal, a consideration is necessarily imnptied ill the solemnity of the instrument.
~ 16. It is declared by the English statute of frauds, which
prevails generally in the United States, that no agreement
that is not to be perforned within one year from the time
of making it, shall be valid, unless such agreement, or some
memorandum or note thereof, is in writing, and signed by
the party to be charged. The statutes of some of the states
have adopted this provision of the English statute, and re
quire, further, that a special promise to answer for the debt
default, or miscarriage of another person, and an agreement
or promise upon consideration of marriage, except mutual
promises to marry, shall likewise be void without such writing, in which the consideration shall be expressed. p. 287.
CHAPTER  LII.
CONTRACTS OF SALE.
~ 1. THE same general principles of law which apply to
contracts in general, are applicable to contracts of sale
The competency of the parties contracting; the sufficiency
of the consideration in regard to its value, its legality and
morality; the assent of the parties; and tha absence of
9*




202               CITIZEN'S MANUAL.             [Chap. LII
fraud; which are requisite to the validity of the former, are
necessary to that of the latter.
~ 2. A sale is -a transfer of the absolute title of property
for a certain price. Unless the absolute title is conveyed,
the contract is merely a mortgage, or bailment, and not a
sale. To make a sale valid, several things are necessary.
The thing to be sold must have an actual or a possible existence, and be capable of delivery. Thus, if A sells a horse or
certain goods to B; and if, at the time of the sale, the
horse is dead, or the goods are destroyed; the sale is void.
But if the goods are partially destroyed, the buyer may
either take them at a proportionate reduction of the price,
or abandon the contract.
~ 3. But, although the thing to be sold has no actual and
present existence; yet if its future existence is possible,
and if it is the product or increase of something to which
the seller has a present right, it is a subject of sale. Thus,
a man may sell the wool that shall grow on his sheep,
the fruit that shall grow on his trees, or the future increase
of his cattle. But he can not sell the products of the sheep
or cattle which he may hereafter buy. A man may, however, agree to procure goods which he has not, and to furnish them at a future time for a certain price; and his contract will be good; though this is not strictly a sale, but
only an agreement to sell.
~ 4. There can be no sale without a price; and the price
must -be fixed and definite, or susceptible of being ascertained by reference to some criterion prescribed in the contract, so as to render any further negotiation of the parties
unnecessary. Thus, a man may agree to pay what shall be
the market price at a particular time, or a price to be fixed
by a third person. The price must also be payable in money or its negotiable representative, as-notes or bills. One
article given for another is merely a barter. The same principles of law, however, govern in both cases.
~ 5. There must be a mutiial consent of the parties; and the
contract is binding when a proposition made by one of the
parties is accepted by the other. The negotiation -of sale
may be carried on by letter; and the sale becomes complete when the buyer puts into the mail his answer accepting the seller's proposition. But the buyer may retract his
offer at any time previous to the mailing of the buyer's letter containing his assaent.  (See Chap. LI ~ 10.)




Chap. ULI.]   COMMON AND STATUTORY LAW.              203
~ 6. In contracts of sale which are not perfected at once
by payment and delivery, certain formalities are to be observed. These forms generally are prescribed by what is
called the English statute of frauds, which:reqluires,(1.)
that the buyer shall accept and receive part of the goods
s old; or (2.) give something in earnest to bind the bargain, or in part payment; or (3.) that some note or memorandum in writing of the bargain shall be made and
signed by the party to be charged, or by his authorized
agent. These provisions, however, apply only -to cases in
which the price of the goods is ten pounds sterling, or upward. The same rule prevails generally in this country,
with slight variations: The price of the goods sold in cases
to which the provisions of that statute apply, is fixed in each
state by law. p. 287.
~ 7. To complete a contract of sale, and pass the title to
the property to the buyer, there must be a delivery o' the
goods sold. When the goods are such as can not be manually or immediately delivered, or are not in the personal
custody of the seller, the law does not require an actual
delivery. But they must be placed in the power of the purchaser; or there must be such acts and declarations of the
parties as imply a change of ownership.  When the right
of property has been traiisferred to the buyer, whether by
an actual or only a constructive delivery, he immediately
assumes the risk of the goods; so that if they shall be afterward injured or destroyed, he must bear the loss.
~ S. When nothing is said at the sale as to the time of
delivery, or the time of payment, the buyer is entitled to
the goods on payment or tender of' the price, and not otherwise; for, though he acquires ttle rigiht of property by the
contract of sale, he does not acquire the right of possessiol,,
until he pays or tenders the price. But if the seller clelivers the goods absolutely, and without fraudulent coltrivance on the part of the buyer, the buyer will hold posses,
sion of them.
~ 9. But when goods are sold lppon credit, and nothing
is said as to the time of qelivery, the bLyer is immediately
entitled to, the posession. If, however, it is ascertained,
before the buyer obtains possession of the goods, that lhe
is insolvent, o,r that he, is, so embarrassed as to disables
himl from meeting tihe dcemrancd  of his creditors, the seller




204               CITIZEN'S MANUAL.            [Chap. LII
may stop the goods as a security for the price. But if
they are stopped without good cause, or through rmisinformation, the buyer is entitled to the goods, and to damages
which he may have sustained in consequence of their stoppage.
~ 10. In the sale of a chattel, if the seller has possession
of the article, and sells it as his own, he is understood to
wa'rarwt the title. A fair price implies a warranty of title;
and the purchaser may have satisfaction from the seller, if
he sells the goods as his own, and the title proves deficient.
But if the possession is at the time in another, and there is
no covenant or warranty of title, the party buys at his
peril. It is thought,,however, if the seller affirms that the
property is his own, he warrants the title, though it is not
in his possession.
~ 11. With regard to the quality of the thing, the seller
is not bound to make good any deficiency, except under
special circumstances, unless he expressly warranted the
goods to be sound and good, or unless he made a fraudulent
representation or concealment concerning them. The rule
is, if there is no express warranty by the seller, nor fraud
on his part, and if the article is equally open to'the inspection of both parties, the buyer who examines the article for
himself, must abide by all losses arising from latent defects
equally unknown to both parties.
~ 12. But this rule does not reasonably apply to those
cases in which the purchaser has ordered goods of a certain character, or in which goods of a certain described
quality are offered for sale, and, when delivered, they do
not answer the description. There being no opportunity
of examining them, there is an implied warranty of the
quality of the article. An intentional concealment or suppression of a material fact, when both parties have not
equal access to means of information, is deemed unfair
dealing, and renders the contract void. As a general rule,
each party is bound to communicate to the other his knowledge of material facts, provided he knows the other to
be ignorant of them, and thev are not open and naked, or
equally within the reach of his observation. The& mobral
law, however, and fair dealing, require, in all cases, a full
disclosure of all defects within the knowledga of the contracting parties.




Chap. LIII.]   COMMON-AND STATUTORY LAW.           205
CHAPTER LIII
FRAUDULENT SALES AND ASSIGNMENTS; GIFTS, &C.
~ 1. To protect the rights of the contracting parties alone,
is not the only object of laws for the regulation of contracts.
Contracts are often made which injuriously affect the rights
of third persons, who are persons other than the contracting
parties. Contracts by which third persons are most frequently injured, are those by which property is fraudulently
conveyed by gift, sale, or assignment. A debtor, to place
his property beyond the reach of his creditors, either transfers it to some other person by gift; or he sells or assigns
it to another, under the false pretense of securing the payment of a debt; the property to remain with the assignor,
with the' secret understanding that the assignee is never
to take it into his possession.
~ 2. Any agreement which operates as a fraud upon third
persons, is void. It is a rule of common law, that all deeds
of gift, and all transfers of goods and chattels made by any
person to secure them for his future use, shall be void as
against creditors; that is to say, such transfers shall not
exempt the property from being taken to satisfy the demands of his creditors. And as a sale or an assignment is
more likely to be fraudulent when the property remains
with the seller or assignor, than when the assignee takes
it into his own possession, it has long been a principle of
law, that if property assigned or sold remains with the person assigning or selling it, the transaction is presumed to
be fraudulent. But whether such conveyance of goods is
only prima facie evidence of fraud, which the vendee or assignee may be permitted to rebut by proof, or whether the
transaction is fraudulent in point of law, and void, is a question upon which the decisions of the courts in England as
well as those in this country differ, and which, therefore,
may be considered as not conclusively settled.
~ 3. Some have made a distinction between bills of sale
and assignments that are absolute, and those that are conditional. The Supreme Court of the United States has af.
firmed the doctrine, that an absolute and unconditional bill




206               CITIZEN'S MANUAL.           [Chap. LIII.
of sale or conveyance, when the property is retained in possession, is of itself conclusive evidence of fraud; in other
words, it is presumed to be fraud in point of law, whatever
it may be in fact. It has been held by the same court, that
a conveyance with a condition that the property is to remain
with the vendor until the condition shall be performed, or
which is in the nature of a mortgage or security, expressing
an agreement between the parties that the mortgager shall
retain possession, is valid.
~ 4. In some states, the doctrine established by the courts
is, that a continuance of possession is only prima facie evidence of fraud; in which case, the mortgagee or assignee
is allowed to show by proof, that the conveyance was made
in good faith, and for a valuable consideration. In other
states, the strict rule prevails, that, without a change of
possession, the transaction is fraudulent in law; in which
case the assignee, or person claiming the property under
the assignment, is not permitted to show that, in point of
fact, the transaction was bo'na fide, (made in good faith.)
~ 5. Although a rule that holds every conveyance to be
fraudulent, unless followed by an immediate change of possession of the property conveyed, may be deemed necessary
to prevent frauds upon third persons, it often operates to
the injury or inconvenience of honest debtors. A debtor
may be obliged to part with property, however convenient
or needful its present use may be to him, in order to satisfy
a debt; when, but for this stringent rule of law, he might
borrow the money to pay the debt, or procure a forbearance of it, by pledging property without losing the benefit
of its use.
~ 6. Why this perplexing question has been left so long
unsettled in the different states, it is not easy to perceive.
In the state of New York, it has been set at rest by an express statute, declaring, that unless a sale or an assignment
is accompanied by an immediate delivery, and followed by
an actual and immediate change of possession, it shall be
presumed to be fraudulent and void, as against-creditors,
and shall be conclusive evidence of fraud, unless the party
claiming the property under the assignment, shall make it
appear, that the same was made in good faith, and without
any attempt to defraud. The essential provisions of this




Chap. LIII.    COMMON AND STATUTORY LAW.            207
statute are believed to prevail at present in most of the
states p. 287-289.
~ 7. In the sale of personal property, though there should
be a judgment against the vendor, and the purchaser should
have notice of it, that fact'would not of itself render the
sale fraudulent. But if the purchaser, knowing of the judgmeant, purchases with the view or purpose to defeat the
creditor's execution, the transaction is fraudulent. The
question of fraud. depends upon the motive.
~ 8. Assignments are sometimes made by debtors for the
benefit of their creditors. A person deeply indebted, or in
embarrassed circumstances, assigns his property, in trust,
to one or more persons, to be by them disposed of, and the
avails to be applied to the payment of all his creditors, or
of a part of them; for the law which we have been considering, does not apply to assignments of this kind so as to
forbid a debtor giving a preference to one or more creditors
over others, provided the assignment is for a sufficient consideration. A debtor may directly assign or transfer all his
property to a single creditor, and the assignment be valid:
but if the value of the property is manifestly excessive, and
disproportionate to the debt which it is intended to cover,
the other creditors have a right to the surplus.
~ 9. When a debtor in embarrassed circumstances enters
into an arrangement with all his creditors, to pay them a
certain proportion of their claims, in consideration of a discharge of their demands, if he privately agrees to give a
better or further security to one than to others, the contract
is void; because the condition upon which they agree to
discharge the debtor is, that each creditor shall receive an
equal benefit, and' take a proportionate share.
~ 10. A gift or conveyance founded merely upon a consideration of affection, or blood or consanguinity, may be
set aside by creditors, if the grantor was in embarrassed
circumstances when he made it; for a man is bound, both
legally and morally, to pay his debts before giving away
his property. But if he is indebted to only a small amount
in proportion to his property, and wholly unembarrassed,
the gift is not rendered voidable by his indebtedness, even
though he should afterward become insolvent.




208               CITIZEN'S MANUAL.          [Chap. LIV,
CHAPTER LIV.
PRINCIPAL AND AGENT, OR FACTOR; BROIER; LIEN, &O.
~ 1. A PRINCIPAL is one who employs another, as agent, to
transact his business. Afactor is an agent; but the word
factor is generally understood to mean a cammnercial agent;
that is, one who is employed by merchants residing in a
distant place, to buy and sell, and transact business for
them. Thus, country merchants send their wheat, flour,
pork, and other country produce, to their agents in the cities,
to be disposed of. The owners of the property are called
principals; their agents are factors, or, as they are sometimes called, commission merchants. As receivers of property
consigned to them, they are also called consignees, and the
persons who consign or commit to them their property, are
consignors.
~ 2. For the accommodation of the principal, the factor
sometimes pays him a part of the value of the produce before it is sold. For the money thus advanced, the factor
has a claim upon the property until the advance money
shall be refunded, and all charges against the owner paid.
And as a factor does not always know who is the actual
owner, the person in whose name the goods are shipped, is
to be deemed the owner.
~ 3. This claim which a factor has upon goods intrusted
to him for sale, is called lien; and the factor may sell the
goods, and retain out of the proceeds of the sale what is
duP 1lim; and the remainder he must pay to the principal,
oy owner. But a person can not sell or pledge property
committed to him for transportation or storage, only; nor
can a factor pledge goods intrusted to him for sale, as security for his own debts. A factor who disposes of any
merchandise intrusted or consiored to him, and applies the
avails to his own use, with intent to defraud the owner,
may be punished by fine and imprisonment.
~ 4. How far, in ordinary business, a principal is bound
by the acts of an agent, it is not easy to determine. As a
general rule, however, a general agent, that is, one who
either transacts all kinds of business for his employer, or




Chap. LIV.]    COMMON AND STATUTORY LAW.            209
does all acts connected with a particular busintess or trans.
action, or'that relate to some particular department of business, so long as he keeps within the general scope of his
authority, binds his principal or employer by all his acts,
although in some special cases he has done an act which
he was expressly instructed not to do.
~ 5. The justice of this rule. is apparent. A large portion of the commercial business of every community, is
transacted by agents; and if a principal who holds out to
the public that his agent has general authority to act for
him in a certain business, or a certain department of business, could quit himself from liability for acts of his agent
whose authority he had limited by secret instructions,
frauds would be frequent, dealings with agents would be
unsafe, and the general business of the country would be
greatly embarrassed.
~ 6. An agent is bound, in ordinary cases, to observe
the instructions of his principal, even though an act in
violation of such instructions should be intended for the
benefit of the principal. The agent must bear, personally,
all losses growing out of a noncompliance with his orders;
and the profit a'ccruing therefrom goes to the benefit of the
principal. An agent, however, is excused from a strict
compliance with his orders, if after receiving them, some
sudden and unforeseen emergency has arisen, in consequence of which such compliance would operate as an injury
to the principal, and frustrate his intention.
~ 7. WVhen an agent receives no instructions, he must
conform to the usage of trade, or to the custom applicable
to the particular agency; and any deviation therefrom, unless it is justified by the necessity of the case, renders him
solely liable for all the loss or injury resulting from it.
~ 8. An agent is bound to exercise ordinary diligence
and reasonable skill; and he i. responsible only for the
want thereof.  Ordinary diligence is that which persons of
common prudence use in conducting their own affairs.
~Reasonable skill is the average skill possessed by persons
of common capacity employed in the same business.
~ 9. If an agent exceeds the limits of his authority, he
becomes personally responsible to the person with whom he
deals, if the limitations of his authority are unknown to such
person. So he is in like manner responsible, if he makes a




210               CITIZEN'S MANUAL.          [Chap. LIV.
contract in his own name; or if he does not disclose the
name of the principal, so as to enable the party with whomn
he deals to have recourse to the principal, in case the agent
had authority to bind him. And if the agent even buys in
his own name, but for the benefit of.his principal, and without disclosing his name, the principal also is bound, provided the goods come to his use. Also, if the principal is
under age, or a lunatic, or otherwise incompetent to contract, the agent is liable.
~ 10. A bro'ker is an agent who is employed to negotiate
sales between parties for a compensation in the form of a
commission, which is commonly called brokerage. His business consists in negotiating exchanges; or in buying and
selling stocks, goods, ships, qr cargoes; or in procuring
insurances, and settling losses: and as he confines himself
to one or the other of these branches, he is called an exchange broker, stock broker, insurance broker, &c. A broker differs from a factor. He has not the custody of the.
goods of his principal. He is merely empowered to effect
the contract of sale; and when he has effected such sale,
his agency ends. If a broker executes his duties in such
a manner that no benefit results from them; or if he is
guilty of gross misconduct in selling goods, he is not entitled to a commission or compensation.
~ 11. A lien, as has been stated, is the claim of a factor
or agent upon property in his possession, as security for
the payment of his charges. This right of lien extends to
others than factors. It is intended also for the benefit of
manufacturers and mechanics, and other persons carrying on
business for the accommodation of the public. A merchant
has a lien upon goods sold till the price is paid, if no credit has been stipulated for; and even when he agrees
to give a credit, if the purchaser practices fraud in obtaining the goods, the seller may take them.  These
cases differ, however, from ordinary cases of lien, as the
purchaser has not, in reality, acquired any lawful right to
the property; and the merchant may dispose of the property as his own, which can not be done in other cases.
~ 12. A shoemaker receiving leather to manufacture into
shoes, may retain the shoes until he is paid for the making;
a tailor has a lien upon the garment made from another's
cloth; a blacksmith upon the horse he shoes; an inn



Ch'ap. LV.]  COMMlION AND STATUTORY LAW.            211
keeper upon the horse or goods of his guest; and common
carriers upon the goods they transport. But they can not
hold the propertyi for any other debt; nor have they a
right to sell it to satisfy their claim. Whenever a person allows property to go out of his possessiGn, he loses
his lien. p. 289.
CHAPTER LV.
PARTNERSHIP.
~1. A PARTNERSHIP is the association of two or more persons for the purpose of carrying on any business, agreeing
to divide the profits and bear the loss, in certain proportions. Persons forming a partnership, unite their money
or capital. Sometimes one furnishes money, and another
performs the labor. Or, perhaps no money may be necessary, but each agrees to do his share of the labor.
~ 2. All the members of a partnership are bound by the
act of- any one of them, or by any contract which either of
them may make. Although they agree to divide their
gains and losses, either one of them is liable for all the
debts of the partnership. If one of the concern buys property on his own account, for his individual use and benefit,
he alone is liable; but though he thus buys it, if it is afterward applied to the use of the partnership, all become
liable.
~ 3. There are cases, however, when not all who share in
the profits are responsible: as when a clerk or agent agrees
to receive a part of the profits as a compensation for his
service or labor; or when one receives, as rent, a part of
the profits of a tannery, tavern or farm. In these cases,
although the parties share in the profits, there is no partnership; and the persons who buy the, stock and other
materials, and hire the labor necessary to carry on their
respective trades, are alone responsible.
~ 4. One partner cani not bring a new partner into the
firm, without the consent of all the others. If, therefore, a
partner should desire to sell his interest to some other per



212                CITIZEN'S MANUAL.           [Oha.p. LV
son who is to take his place in the partnership, he can not
do so, unless all the partners consent to such sale.
~ 5. All the partners must unite in suing and being sued.
Soinetimes, however, there are secret or dormant partners,
who conceal their names: these may not join in an action
as plaintiffs, but they may be sued when discovered to be
partners.
~ 6. As. each partner is liable for all the debts of the
concern, so each may, in the name of the firm, in'ordinary
cases, assign over the effects and credits to pay the debts
of the firm.
~ 7. Any partner may withdraw when he pleases, and
dissolve the partnership, if no definite period has been agreed
on for the partnership to continue; but if, by the terms of
agreement, it is to continue for a definite period, it can not
be dissolved before the expiration of the term, without the
mutual consent of all the partners, except by the death or
some other inability of one of them, or by a decree of the
court of chancery.
~ 8. When a partnership is dissolved by the withdrawal
*of any of the partners, notice of dissolution ought to be duly
published, or a firm may be bound by a contract made by
one partner in the usual course of business, and. in the name
of thle firm, with a person who contracted on the faith of the
partnership, and who had no notice of the dissolution. The
same notice is necessary to protect a retiring partner from
continued responsibility. And even if due notice is given,
yet, if he willingly suffers his name to continue in the firm,
or in the title of the firm over the door of the shop or store,
he may in certain cases be still liable.
~ 9., In some of the states, a partnership may be formed
by a number of persons, some of whom are to be responsible
only to a limited amount; and their names are not to be
used in the firm. But before a partnership of this kind can
do business, a writing and certificate signed by the parties,
stating the terms of partnership, and the amount for which
the special partners (as they are ca'led) are to be responsi:
ble, must be recorded. The terms of partnership must also
be published in a newspaper.
~ 10. In partnerships thus formed, called limitedparrtnerships,
the special partners become liable only to the amount mentioned in the terms of partnership. The other partners,




Chap LVI.j    COMMON AND STATUTORY LAW              213
called general partners, whose names only are used, and who
transact the business, are liable for all the debts contracted,
as in ordinary partnerships. If such partnership is to be
dissolved by act of the parties; before the time expires for
which it was formed, notice of dissolution must be filed and
recorded, and published in a newspaper.
CHAPTER LVI.
BAILMENT.
~ 1. ANOTHER class of rights and responsibilities are those
which arise from delivering and receiving property in trust,
to be kept or used, and redelivered, according to agreement.
Such delivery and receiving includes giving and taking
goods to be kept for and without reward, and in security
for debt; borrowing and lending; letting for hire; carrying, &c. These are comprehended in the word bailment,
which is from bail, a French word, meaning to deliver.
~ 2. If a person takes goods to keep and return without
reward, he must keep them with ordinary care, or, if they
receive injury, he will be liable to the bailor for damage; in
other words, a bailee without reward is responsible only for
gross neglect. The person with whom goods are deposited,
is also called in law, depositary. A depositary may not use
the goods taken into his care.
~ 3. A mnandatary, that is, a person who agrees to.carry
goods from place to place, or to do some other act or work
upon or about them, without recompense, must use due diligence in performing the work; he is responsible for gross
neglect, if he undertakes and does the work amiss; but it
is thought that for agreeing to do, and not undertaking or
doing at al' he is not liable for damage. If he has been
strongly persuaded to do the act, only a fair exertion of his
ability is required.
~ 4.'A borrower is liable for damage in case of slight
neglect. If he applies the article borrowed to the use for
which he borrows it, uses it carefully, does not allow ano



214                CITIZEN'S MANUAL.          [Chap. LVI
ther to use it, and returns it within the time for which it
was borrowed, he is not liable.
~ 5. A person who receives goods in security for a debt
or engagement, is liable for ordinary neglect. But if he
bestows ordinary care upon the goods, and they should then
be lost, he still has a claim upon the pawnor for the debt.
~ 6. WThen property is hired, that is, when something is
to be paid for the use of an article, and it is injured by moderate usage, the owner bears the loss; but the hirer must
not use it for any purpose but that for which it is hired,
and he must return it promptly, or he is liable for damage.
~ 7. If an article is delivered upon which work is to be
bestowed, the work must be properly done. A manufacturer who receives wool to make into cloth, or the tailor who
takes cloth to make into a garment, must do the work well,
or he is liable for damage. If the property should be lost
or stolen, he'is responsible for ordinary neglect.
~ 8. Innkeepers are, in general, responsible for all injuries
to the goods and baggage of their guests, even for thefts.
But for losses caused by unavoidable accident, or robbery,
they are not liable.
~ 9. A common carrier, that is, one who carries goods for
hire as a common employment, is responsible to the owner,
even if robbed of the goods. But a person who occasionally
carries goods for hire is not a common carrier, and is answerable only for ordinary neglect, unless he expressly takes
the risk. A common carrier is one who holds himself out
as ready to carry goods as a business, by land or by water,
and is answerable for all losses, except in cases of public
enemies, as in time of war, and in case of the act of God,
as by lightning, storms, floods, &c.
~ 10. A common carrier is bound to receive from any per.
son paying or tendering the freight charges, such goods as
he is accustomed to carry, and as are offered for the place
to which he carries. But he may refuse to receive them if
he is full, or if they are dangerous to be carried, or for other
good reasons.  He may refuse to take them unless the
charges are paid; but if he agrees to take payment at the
end of the route, he may retain them there until the freight
is paid. A carrier must deliver freight in a reasonable
time; but he is not liable for loss by the freezing of a river
or canal during his voyage, if he has used due diligence,




Chap. LVII.]   COMMON AND STATUTORY LAW.           215
~ 11. Proprietors of a stage coach dlo not warrant the
safety of passengers in the character of common carriers;
aud they are not responsible for mere accidents to the persons of the passengers, but only for want of due care. Slight
fault, unskillfulness, or negligence, either as to the sufficiency
of the carriage, or to the act of driving it, may render the
owner responsible in damages for injury to passengers.
But' as public carriers, they are answerable for the loss of
a box or parcel of goods, though ignorant of its contents;
unless the owner fraudulently conceals the value or nature
of the article, or deludes the carrier by treating it as of little or no value. Public carriers are responsible for the baggage of their passengers, though they advertise it as being
at the risk of the owners.
CHAPTER LVII
PROMISSORY NOTES.
~ 1. A PROMISsoRY Note is a written promise to pay a specified sum, at a certain time, to a person named, or to his
order, or to the bearer. A common form of a note is the
following:
$ 00.                           ALBANY, June 9, 1858.
Three months after date, I promise to pay to James
Smith, or bearer, one hundred dollars, value received.
JOHN BROWN.
~ 2. Notes thus written may be bought and sold as property in general, and perform, in many cases, the same office
as money. But if in the above note the words " or bearer"
were omitted, it would not possess the same qualities; or,
as men say, it would not be negotiable; there being no promise to pay any other person than Smith. It might be
sold; but the buyer, if obliged to sue, must sue in the name
of Smith; in which case, Brown might offset any demands
which he might have against Smith. The words or bearer
should therefore be inserted, that any holder may collect it
in his. own name.




216               CITIZEN'S MANUAL.         [Chap. LVII.
~ 3. Notes are also made negotiable by writing the words
or order in the place of "or bearer;" but in this case, the
person to whom a note is payable, who is called the payee,
or promisee, must indorse it; which is done by writing his
name on the back of it. Such indorsement is considered, in
law, as his order to the maker or promiser to pay it to another person. Being thus indorsed, it is negotiable; that is,
it becomes a subject of purchase and sale, and may pass
from hand to hand by simple delivery, as if made payable
to bearer, and may'be sued in the name of any bona file
holder.
~ 4. It is usual to insert the words, "value received," as
evidence that the note was given for a valuable consideration; for it will be recollected, that contracts are not valid
without such consideration. But a note is good without
these words. Whether they are inserted or not, the note is
presumed to have been given for a valuable consideration;
and the maker can 11,,t avoid his obligation to pay it, with..
out Tmaking it appear that no value was received. InCounnecticut, a note which is not negotiable in form, and not
for value received, does not imply a consideration. Consequently, value must be proved by the holder. In Missouri,
to make a nlote negotiable, it must contain the words, "for
value received, negotiable, and without defalcation." (See
~ 12.)
~ 5. A note made by two or more persons may be joint,
or joint or several.  When it is written, " We promise to
pay," it is only a joint note, and all must be sued together.
If written, " We jointly and severally promise to pay," they
may be sued either jointly or separately. Or if written, " I
promise to pay," it is treated as a joint and several note. A
note written, "We promise," and signed, A. B. principal,
and C. D. security, is the joint note of both; and if written,
" I promise," and signed in the same manner, it is the joint
and several note of both.
~ 6. Any person having in possession a neg Dtiable note,
though a mere agent, is deemed the true owner, and may
sue on it in his own name, without showing title. The
bona fide holder can recover upon the paper, though it came
to him from a person who had stolen or robbed it from the
true owner; provided he took it innocently in the course
of trade, for a valuable consideration, before it was due,




Chap LVII.J]   COM'tIMON i AND STATUTORY LAW.     21 
and with due caution. If, however, suspicion is cast upon
the title of the holder, by showing that the instrument has
got into circulation by force or fraud, then the holder nmust
show the consideration he gave for it.
~ 7. It has been observed, that a man can not convey to
another a valid title to property which is not lawfully his
own; and hence, that the purchaser of stolen goods must
give them up to the lawful owner. The exception to this
rule, in the case of promissory notes, seems, however, to be
founded in reason and good policy. The use of negotiable
paper in commercial transactions is of great public convenience: and it is proper that, for the sake of trade, protection should be given to the holder of such paper who receives
it fairly in the way of business, though it has been paid, if
he received it before it fell due.
~ 8. But it is equally material for the interests of trade,
that the owner should have due protection. Hence, if' a
person takes a note from a stranger without inquiry how
ne came by it; or does not take it in the usual course of
business, or for some responsibility incurred on the credit
of the note, he takes it at his peril. But the owner, in order
to place his right to relief beyond question, ought to use
diligence in apprising the public of the loss of the note.
~ 9. The indorsement of a note, in the view of the law,
amounts to'a contract, on the part of the indorser, with the
indorsee and every subsequent holder; (1.) That the note
and the antecedent signatures are genuine; (2.) That he,
the indorser, has a good title to the note; (3.) That he is
competent to bind himself as indorser; (4.) That the maker
is competent to bind himself for the payment, and will pay
it when due; (5.) That if not so paid by the maker, he, the
indorser, will, upon due notice given him that the note is
dishonored, pay the same to the indorsee, or other holder.
~ 10. An indorsement made by writing the name only on
the back of a note, is called ablank indorsement. A full
indorsement is one which also points out the person to whom
the note is to be paid. But a blank indorsement may be
filled up at any time by the holder. For example: A note
is payable to " John Jay, or order," or to "the order of John
Jay," who indorses it in blank, which makes it payable to
any other holder. But if the indorsee, the person to whom
it is indorsed, wishes it paid to any particular person, ho
10




218                CITIZENtiS BMANUAL.       [Chap. L I.
may fill up the blank by writing a request to that effect
above the name of the indorser, thus: "'Pay to George
Bruce,"; or "Pay to George Bruce or order;" who, again,
may by indorsement order it paid to some particular person,
Or, by indorsing it in blank, or ordering it paid to the bearer,
it would again pass, as at first, by mere delivery.
~ I1. In ordinary business transactions in the country,
notes intended to be negotiable, are usually made payable
to bearer, as in the form  given, (~  L.)  And the young
reader, inexperienced in business, may not know why they
are not always so written.  One advantage of making a
note payable to order, is the protection which it affords to
the holder or owner, in case the note should be lost or stolen. Take, for example, the note indorsed in blank in the
case supposed in the last section. The owner, we will suppose, resides in Buffalo, and' the maker in Detroit. The
owner fills the blank over the name of John Jay with a request to "pay to George Bruce," also residing in Detroit,
to whom it is sent by mail, to be by him presented to the
maker for payment. And should the note by accident or
fraud fall into the hands of another, it being payable to
Bruce only, or to his order, the parties are protected from
-loss.
~ 12. A person buying a note after it has become due,
takes it at his peril. Although the holder may sue it in his
own name, the maker may offset any demands which he had
against the promisee before it was transferred. But when
notes in which no day of payment is expressed come under
the operation of this rule, is a question to be determined bv
circumstances. In the states of New Jersey, Pennsylvania,
Missouri, and perhaps others, the words " without defalcation or discount," or words to that effect, must be inserted
in notes, or they may be met by offsets as notes that are
bought after due. Also notes payable in some commodity
are subject to the same rule.
~ 13. Notes payable on demand, are due immediately; and
payment need not be demanded before the holder can sue.
Also, if no time of payment is mentioned in a ncte, it is due
when given, and no demand of payment is necessary. But
a note payable at sig/tor at a specified time after sight,
must be presented for payment before it can be sued.  If
thie words " with interest" are omitted, a note will not dra'w




Chap. LVII.J    COMMON AND STATUTORY LAW.         219
interest before the time at which it is due. If it is payable
on demand, it will draw interest from the time payment is
demanded.
~ 14. After the day on which a note is made payable, the
maker is allowed three days for payment, which are called
days of grace. The day on which the note becomes payable,
is not to be counted one of the three days. Thus, a note
dated the first day of January, having three months to run,
is payable on the first day of April, which day is included-in
the three months, so that the last day of grace is the fourth
day of the month. By general usage, a note does not become due on the day mentioned on its face, but on the last
day of grace.
~ 15. We have seen the object of indorsements, and their
binding effect upon thca indorsers. Certain acts are necessary to fix responsibility upon an indorser of a note payable
to order. The omission, or imperfect performance of these
acts, has often operated to discharge indorsers from liability.
In order to hold an indorser responsible, the holder must
make a prompt demand of payment of the maker, and give
reasonable notice of his default to the indorser. The object
of such demand and notice is to afford the indorser opportunity to obtain security from those for whom he has become
liable.
~ 16. Demand of payment must be made of the maker of
a note on the last day of grace; or, if such day falls on Sunday, or the fourth day of July, or any other day recognized
by law as a holyday, or day of public rest, then the demand
must be made on the second day of grace. If the third day
of grace should fall on Sunday, and any holyday as Christmas, or fourth of July, should happen on Saturday, the demand must be made on Friday. As the holder may be required to prove that payment has been demanded, it must
be done in presence of one or more witnesses. As to the
time of day when the demand should be made, it is conisidered that the maker is entitled to the latest convenient time
within the customary business hours of the place where the
note is presented.
~ 17. If, in consequence of the removal of the maker before the note becomes due, or from any other cause, his
residence is unknown, the holder must make endeavors to
find it, and make the demand there; though, if he has re



220                CITIZEN'S MANUAL.        [Chap. LVII
moved out of the state, it is sufficient to present the note at
his former place of residence. If the maker has absconded,
that will, as a general rule, excuse the demand.
~ 18. If payment has been demanded and refused, notice
thereof must be given to the indorser; and one entire day
is allowed the holder to give such notice. If the demand
is made on Saturday, it is sufficient to give notice on Monday. If the indorser resides in the same town, he may be
notified personally by the holder, or by a special messenger
sent to his dwelling-house, where notice may be given personally, or left in a way likely to bring it to his knowledge.
If the parties reside in different towns, notice may be sent
by mail; in which case the notice must be put into the
post-office, or mailed, as early as the next day after the third
day of grace, so as to be forwarded as soon as possible thereafter. Or, notice may be sent by a private conveyance, or
special messenger.
~ 19. Notes, on being transferred, are sometimes guarantied by indorsement. If a person simply write his name on
the back, he is liable as an indorser only. If he guaranties
the " payment " of the note, he is generally considered liable
as an original promisor. If he guaranties the note " good"
or " collectable," legal proceedings must be had against thle
maker, and indorsers also, if there be any, before the guarantor is liable. Strict notice to a guarantor is not required,
as in the case of an indorser; but to hold him liable, it
must be shown that he has not been prejudiced by the want
of notice, or that the note was not collectable of the maker
or indorsers when due. But the kind of liability incurred,
whether that of indorser, original promisor, or surety, by
indorsing a note or guarantying payment, is not the same
in all the states. There are sundry other points in the law
relating to promissory notes on which the statutes and
judicial decisions are not uniform in all the different states.




Chap. LVIII.]   COMMON AND STATUTORY LAW'221
CHAPTER LVIII.
BILLS OF EXCHANGE; INTEREST; USURY.
~ 1. A BILL of exchlange is a written order or request to
a person in a distant place to pay a third person a certain
sum of money. The following is a common form:
$1,000.                      NEW YORK, April 10, 1858.
Twenty days after date, pay to the order *of John
Stiles, one thousand dollars, value received, and charge the
same to account of
To GEORGE SCOTr,                      THoMAs JONES.
New Orleans, La.
~ 2. It will be seen that this is, in effect, the same as anorder used in common business. But when drawn by merchants in commercial cities on persons in distant places,
orders of this kind are called bills of exchange. They are
often very convenient to persons in mercantile business.
Bills drawn on persons. in foreign countries, are called foreign bills of exchange; and those which are drawn on persons
in distant places in our own country, are by way of distinction, called inlalnd bills of exchange.
~ 3. The nature and operation of a bill of exchange are
thus illustrated: A, in New York, has $1,000 due him from
B, in New Orleans. A draws an order on B for that sumn,
and C, who, is going to New Orleans, pays A the money,
takes the order, and receives his money again of B. Thus
A is accormm,dated by receiving his debt against B, and C
has avoided the risk in carrying the money from place to
place. A, who draws the bill, is called the drawver. B, to
whom it is addressed, is called the drawee.  C, to whom it
is made payable, is the payee. As the bill is payable to C,
or his orderf, he may, by indorsement, direct the bill to be
paid to D; in which case C becomes the indorser, and D,
to whom the bill is indorsed, is called the ildorsee, or holder.
~ 4. If, when the bill is presented to the drawee, he
agrees to pay it, he is said to accept the bill; and as evidence of the fact, writes hi2 acceptance upon it.  An ae



222               CITIZEY8d MANUAL.        [Chap. LVIII.
ceptance may,' howe ver, be by parol. The acceptor of a
bill is the principal debtor, and the drawer the surety.
The acceptor is bound, though he accepted without consideration, and for the sole accommodation of the drawer.
But payment must be demanded on the last day of grace;
and, if refused, notice of nonpayment must be- given to the
drawer, as in the case of anf indorsed note.
~ 5. No precise time is fixed by law at which bills payable at sight, or a certain number of days after sight, must
be presented to the drawee for acceptance; though an unreasonable delay might discharg-e the drawer. A bill pay.
able on a certain day after date, need not be presented for
acceptance before the day of payment; but if presented
before it becomes due, and acceptance is refused, it is dishonored.; and notice must, be given immediately to the
drawer. If a bill has been accepted, demand of payment
must be made upon' the acceptor when the bill falls due;
and it must be made at the place appointed for payment;
and if no place is appointed, then at his house or residence,
or upon him personally.
~ 6. A check upon a bank, (See Chap. XXIV, ~ 4,) is
another kind of negotiable paper. It partakes more of the
nature of a bill of exchange, than a promissory note. It is
not a direct promise to pay; but it is an undertaking, by
the drawer, that the drawee shall accept and pay; and the
drawer is answerable only in case the drawee fails to pay.
A check payable to bearer passes by delivery; and the
bearer may sue on it as on an inland bill of exchange.
~ 7. When a foreign bill of exchange is to be presented
for acceptance or payment, -demand is usually made by a
notary public; and in case of refusal, his certificate of the
presentment of the bill, and of the refusal, is legal proof of
the fact in any court. This certificate is called aprotest,
which means, for.proof. A protest may be noted on the day
of the demand; though it may be drawn up in form at a
future period. Notaries are appointed in all commercial
places of considerable business.
~ 8. A protest of an inland bill of exchange is not generally deemed necessary in this country; though it is the
practice to have bills, drawn in one state on persons in
another, protested by a notary. No protest is legal evidence in court, except in the case of a foreign bill. Yet it




Ohav. LIX.]        LAW OF NATIONS.                 223
is expedient., in many eases of inland bills, to employ notaries when evidence is to be preserved, because they alre
easily found when wanted as witnesses. In some states,
bills drawn in one state and payable in another, are deemed
foreign bills; and their protest as such is required. Notes
payable at banks are also protested for nonpayment.
~ 9. Interest is an allowance for the use of money, or for
the forbearance of a debt. Thus a person lends to another
$100 for one year, and receives for the use of it $6, which
is called the interest. Promissory notes are usually made
payable with interest. The rate of interest is fixed by a
law of the state, but is not the same in all the states.
~ 10. A higher rate of interest than that fixed by law, is
called zsury. Not only can no more be collected on any
contract or obligation than the lawful rate, but in most of
the states there is some forfeiture for taking usurious interest. In some states, the whole debt is forfeited; in
others, twice or thrice the excess above the lawful interest;
and in some, only the excess taken can be recovered. In
the state of New York, no part of a usurious debt can be
collected: but if it has been paid, only the excess above the
lawful interest can be recovered. p. 290.
LAW OF NATIONS.
CHAPTER LIX.
ORIGIN AND PROGRESS OF THE LAW OF NATIONS; THE
NATURAL, CUSTOMARY, AND CONVENTIONAL LAWS OF
NATIONS, DEFINED.
~ 1. IN the course of- this work, we have considered the
necessity and nature of government and laws, and the different forms of government under which the people of different communities are associated, especially that which
has been adopted by the people of this country; and we




224               CITIZEN'S MANUAL.          [Chap. LIX.
have given an abstract of the principal laws by which their
rights are defined, and their duties and mutual obligations,
as individual citizens of the state and of the nation, are enjoined. As the people of the United States, in their national
capacity, occupy an important position in the great community of nations, the author deems it proper to subjoin a
compend of the rules by which intercourse between nations
is regulated.
~ 2. The law of nations, in its present improved state, has
not long existed. Ancient nations were little governed by
the principles of natural justice. Little respect was paid
by one nation to the rights of the persons and property of
the citizens of another. Robbery on land and sea was not
only tolerated, but esteemed honorable; and prisoners of
war, were either put to death, or reduced to slavery. By
this rule of national law, commerce was destroyed, and perpetual enmity kept ujp between nations.
~ 3. No essential, permanent improvement in the law of
nations seems to have been made until within the last three
or four centuries. By the light of science and Christianity,
the rights and obligations of nations have come to be better
understood, and more generally regarded. Commerce also
has done much to improve the law, by showing that the true
interests of a nation- are promoted by peace and friendly
intercourse.
~ 4. Hence we find the nations of Europe and America
recognizing the same rules of international law. And as
the light of Christianity shall become more widely diffused,
and its principles more generally practiced, the law of na.
tions will undergo still further improvements. And may
we not hope, that, as one of these improvements, the practice of settling national disputes by war will be abolished,
and one more rational and humane be adopted, that of referring all difficulties which the parties are incapable of adjusting, to some disinterested power for adjudication?
~ 5. There is, in every nation or state, some acknowledged authority to make laws to protect the rights of the
citizens, and courts of justice to try and punish offenders.
But there is no tribunal before which one nation can be
brought to answer for the violation of the rights of another.
Every nation, however small and weak, is independent of
every other. Hence, when`njuries are committed by onr)




Chap. LIX.]         LAW OF NATIONS.                 225
upon another, the offended party, unless it chooses quietly
to endure the wrong, must obtain redress, either by appeal-,ing to the sense of justice of the party offending, or by a
resort to force.
~ 6. The equality and independence of nations, without
respect to their relative strength or extent of territory, is a
settled principle of national law. Each has a right to establish such government and tolerate such religion as it
thinks proper, and nio other nation has a right to interfere
with its internal policy. To this general rule, however,
writers make an exception. The natural right of every
state to provide for its own safety, gives it the right to interfere where its security is seriously endangered by the
internal transactions of another state. But it is admitted,
that such cases are so very rare, that it would be dangerous to reduce them to a rule. The right of forcible interference is only to be inferred from the circumstances of the
special case.
~ 7. So also cases seldom arise, when one nation has a
right to assist the subjects of another in overturning or
changing their government. It is generally agreed, that
such assistance may be afforded consistently with the law
of nations, in extreme cases; as when the tyranny of a
government becomes so oppressive as to compel the people
to rise in their defense, and call for assistance. It is held
that rulers may, by an unwarrantable exercise of power,
violate the principles of the social compact, and give their
subjects just cause to consider themselves discharged from
their allegiance.
~ 8. When the subjects of any government have carried
their revolt so far as to have established a new state, and
-; to give reasonable evidence of their ability to maintain a
government, the right of assistance is unquestionable. But
it is not clear, that, prior to this state of progress in a
revolution, the right to interpose would be justifiable.' The
assistance given by France to this country, during the war
of our revolution, was not a violation of the law of nations.
The states having thrown off their allegiance to Great Britain, and established a government of their own, any foreign nation had a right to assist the states in securing their
independence.
~ 9. There is a sense, however, in which nations- are not
10*




226               CITIZE]'S MANUAL.            [Chap. LIX.
wholly independent. The happiness of mankind, as has
been observed, depends upon association. (Chap. I, \ 5, 6.)
Without the assistance which men in the social state derive
from each other,.they could scarcely support their own being.  Similar to this is the mutual dependence of nations.
Although the people of every nation have within themselves
the means of maintaining their individual and national existence, their prosperity and happiness are greatly promoted
by commerce with other nations.  And'as laws are necessary to govern the conduct of the individual citizens of a
state, so certain rules are necessary to regulate the intercourse of nations.
~ 10. It has-been observed, also, that the law of nature,
which is in accordance with the will of the Creator as expressed inl his revealed law, is a perfect rule for all moral
and social beings, and ought to be universally obeyed; and
that its observance conduces to their highest happiness.
Equally binding is this law upon nations: nor is the general
good of mankind less promoted by its application to the
affairs of nations than by its application to the affairs of
individual persons. It requires each nation to respect the
rights of all others, and to do for them what their necessities demand, and what each is capable of doing, consistently with the duties it owes to itself.
~ 11. The law of nature applied to nations or states as
moral persons, is called the natural law of nations. It is also
called the necessary law of nations, because nations are morally
bound to observe it; and sometimes the interneal law of na- 
tionS, from its being binding on the conscience.
~ 12. Although, as has been elsewhere remarked, (Chap.
II, ~ 9,) the law of nature, as expressed in the law of revelation, is a correct rule of human conduct; yet, as much of
this law consists of general principles from which particular duties can not always be deduced, positive human enactments are necessary to define the law:af nature and revelation. So also an important part of the law of nations necessarily consists of positive institutions.  Hence, some writers
have divided international law under these two principal
heads: the natural law of nations, and the positive.
~ 13. The positive law of nations is founded on usage or
custom and agreement; and may be considered as properly
divided into the 6ustomaary law  of nations, and the conven.




chap. LIX.]         LAW OF NATIONS.                  227
tional. The customnary law of inations consists of certain max.
ilms, or is founded on customs and usages which have long
been observed and tacitly consented to by nations, and'which
thereby become binding upon all who have adopted them,
so far as their observance does not require the violation of
the law of nature.
~ 14. A conzventional law of.  nattions is one that has been
established by a treaty or league. A convention is an assembly of persons who meet for civil or political purposes. But
an agreement or contract between nations, though made
without a formal meeting, is deemed conventional. The
manner in which treaties are made, has been described.
(Chap. XL, ~ 5.)
~ 15. Thus the rights and interests of nations do not depend for their security entirely upon the law of nature, which
is liable to misconstruction. Nor, so far as they are dependent upon positive institutions, do they rest wholly upon
the vague and uncertain law of usage or custom.  Conventional law, because more definite, has been found to afford
far greater security to the rights of commerce. Hence the
practice, now common among nations, of regulating their
intercourse by negotiation. Treaties of commerce have
been formed between most of the principal commercial
states in the world. Their utility in regulating trade between states, is'no less than that of written agreements
between individuals, by which the rights of the contracting
parties are placed beyond dispute.
~16. On, advantage of treaties of commerce is, that a
nation may, if its interest demand, enter into treaties granting special privileges to one or more nations, without giving just cause of offense to others. Such special favors,
however, should not be granted without good reasons. It
is the duty of every nation to respect the rights of all others,
and to cultivate that mutual good will which is the result
of liberal, just, and impartial dealing.
~ 17. It may be said, that,'if each nation is independent
of every other, and if there is no constituted authority to
enforce the fulfillment of treaty stipulations, the  rights
guarantied by treaties are still insecure.  Few governments, however, are so devoid of a sense of honor, as, by a
palpable violation of their treaty obligations, to incur the
odium and condemnation of all mankind.  Self-respect, and




228                CITIZEN'S MANUAL.     [      Chap LX
the fear of provoking a war, have generally proved suffi
cient incentives to the observance of treaties.
~ 18. The obligations of nations are sometimes called inz
perfect. A pefect obligation is one that can be enforcedone that exists where there is a right to compel the party
on whom the obligation rests to fulfill it. An imperfect ob.
ligation gives only the right to demand the fulfillment, leaving the party pledged to judge what his duty requires, and
to do as he chooses, without being constrained by another
to do otherwise.
CHAPTER LX.
RHE JURISDICTION OF NATIONS; THEIR MUTUAL RIGHTS
AND OBLIGATIONS; THE RIGHTS OF EMBASSADORS, MINISTERS) &C.
~ 1. THE seas are regarded as the common highway of
nations. The main ocean, for navigation and fishing, is
open to all mankind; and no nation can appropriate it to
its own exclusive use. Every state, however, has jurisdiction at sea over its own subjects, in its own public and
private vessels. The persons on board such vessels are
protected and governed by the laws of the country to which
they belong; and they may be punished by these laws for
offenses committed on board of its public vessels in foreign
ports.
~ 2. The question how far a nation has jurisdiction over
the seas adjoining its lands, is not clearly settled. It appears to be generally conceded, that a nation has the right
of exclusive dominion over navigable rivers flowing through
its territory; the harbors, bays, gulfs, and arms of the sea;
and such extent of sea adjoining its territories as is necessary to the safety of the nation, which is considered by
some to be as far as a cannon shot will reach, or about a
marine league. Different nations have at times claimed
much wider jurisdiction into the sea; but such claim rests
upon doubtful authority.




Chap. LX.]          LAW OF NATIONS.                  229
~ 3. It is the duty of a nation, in time of peace, to allow
the people of other states a passage over its lands and waters, so far as it can be permitted without inconvenience,
and with safety to its own citizens. Of this the nation is
to be its own judge. The right of passage is therefore only
an inmpefect right, so called, because the obligation to grant
the right is an imperfect obligation.  (See Chap. LIX, ~ 18.)
Whenever, therefbre, the interests and safety of a nation
require it, foreigners may be prohibited from coming within its territory.
~ 4. The right of a state to keep foreigners out of its territory, is incident to, or results from the right of domain.
Domain, in a general sense, signifies possession, or estate,
and is perhaps more frequently applied to lands. Applied
to a state, it means its whole territory, with every thing
included in it. And with respect to other states, the property of the individuals in the aggregate is to be considered
as the property of the nation. The right of domain is unlimited; that is, the state has the sole and exclusive right
to the dominion and control of the territory and other property within the state.
~ 5. In general, it is the duty of a nation to allow foreigners to enter and settle in the country. On being admitted into a state, the state becomes pledged for their protection, and they become subject to its laws while they re.
side in it; and in consideration of the protection they receive, they are obliged to aid in defending it, and in supporting its government, even before they are admitted to
all the rights of citizens.
~ 6. But when persons who have committed crimes in one
state, flee into another for shelter, the state into which they
flee is not bound to rescue them from justice. A person
charged with crime, can be tried only in the state whose
laws he has violated. It is therefore the duty of the government to surrender the fugitive, on demand being made
by the proper authorities of the state from which the person has fled, and after due examination by a civil magistrate, if it shall appear to the magistrate that there are sufficient grounds for the charge. The surrender of criminals
is often provided for in treaties.
~ ]. That rule of the law of nations, which makes foreigners amenable to the laws c f the state into which they




230               CITIZEN'S MANUAL.           rchap. LX.
remove, does not apply to embassadors. They are wholly
exempt from all responsibility to the laws of the country
to which they are sent, even when guilty of crime. All
that can be done is, when their conduct is dangerous to the
government and its citizens, either to deprive them of liberty by confinement, or to send them home, and demand their
punishment.
~ 8. As the interests of nations are promoted by intercourse, it is necessary that there should be some means of
treating with each other, with the view of maintaining
friendly relations. This can be done in no other way so
well as through the medium of persons representing their
respective governments. Each nation having a right to
treat and communicate with every other, it ought not to
be deprived of the services of its representative. Hence,
by the general consent of nations, the persons and property
of embassadors and other public ministers, are held sacred
and inviolable.
~ 9. Embassadors are, by the la`w of nations, entitled to
the same protection in the countries through which they
pass, in going to, and returning from, the government to
which they are sent. And to insure them a safe passage,
it has been the practice with some governments to grant
passports, to be shown in case they were required. A passport is a written license from the authority of a state, granting permission or safe conduct for one to pass through its
territory. Passports, though named in our law, are not
known in practice, being deemed unnecessary.
~ 10. An embassador is entitled to protection, by the law
of nations, on his entering the territory of the nation to
which he is sent, and making himself known; though he
is not insured the enjoyment of all his rights until he is
formally received by the sovereign, and has presented his
credentials; which are letters of attorney from his own
sovereign, giving him his authority. In this country, ministers from abroad are received by the president.
~ 11. If a minis uer at a foreign court treats the sovereign
with disrespect, the fact is sometimes communicated to the
government that sent him, with a request for his recall.
Or, if the offense is a more serious one, the offended sovereign refuses intercourse with him while his master's answer is awaited. Or, if the case is an aggravated one, he




Chap. LX.]         LAW OF NATIONS.                   231
expels him  fiom the country.  Every government has a
right to judge for itself whether the language or conduct
of a foreigi' minister is offensive.
~ 12. Ministers at foreign governments, in their negotiations or business correspondence with those governments,
sometimes consider themselves ill-treated, and their own
nation dishonored, and take their leave and return home;
or the minister informs his sovereign, who either recalls
him, or takes such other measure as he shall think the honor and interest of his nation demand.
~ 13. The peculiar condition of a country, the nature of
the business upon which an embassador is sent, or the personal character of the embassador, may be such as to justify a government in refusing to receive such embassador.
But in order to preserve the amicable relations of the two
countries, satisfactory explanations ought to be made, or
good reasons offered for the refusal.
~ 14. Ministers have not power to bind their sovereigns
to any treaty or agreement. An ordinary credential, or
letter of attorney, does not authorize a minister to bind his
sovereign conclusively.  He could not do so without a
special power, containing express authority so to bind his
principal. Few governments would act so imprudently.
Their ministers act under secret instructions, which they
are not bound to disclose. Even the treaties signed by
plenipotentiaries, (a word signifying full power,) are, according to present usage, of no force, until ratified by their
sovereigns.
~ 15. We have used the words embassador and minister
without distinction. The different titles applied to representatives at foreign courts, do not indicate any material
difference between them as to their powers and privileges;
but the different degrees of dignity and respectability which
custom has attached to them. They are differently classed
by different writers.  Perhaps the following is correct:
(1.) Embassadors.  (2.) Envoys and ministers plenipotentiary.  (3.) Ministers resident.  (4.) Charges d'affairs.
The United States are represented abroad by ministers and
charg6s d'affairs. (See Chap. XL, ~ 6, 7.)
~ 16. - Consuls are not entitled to the privileges enjoyed
by ministers; but are subject to the laws of the country in
which they reside. The principal duties of consuls have




232                CITIZEN'S MANUAL.          [Chap. LXI
been described. The office of consul has been found to be
one of great utility; hence, every trading nation has a
consul in every considerable commercial port in the world.
Their duties and privileges are generally limited. and defined in treaties of commerce, or by the laws of the country
which they represent.  As in the case of ministers, consuls
carry a certificate of their appointment, and must be acknowledged hs consuls by the government within whose
sovereignty they reside, before they can perform any duties
pertaining to their office.
CHAPTER  LXI.
OFFENSIVE AND DEFENSIVE WAR; JUST CAUSES AND OBJECTS OF WAR; REPRISALS; ALLIANCES IN WAR.
~ 1. CONSIDERING the immense cost of a war; the vast sacrifice of human life, and the misery and sorrow consequent
thereon; and its demoralizing effects upon a people; men
have formed the conclusion, that all wars are inconsistent
with the principles of Christianity, and therefore wrong.
But it is not our purpose to discuss the question of the lawfulness of war. The general opinion prevalent among
Christian nations will be assumed; namely, that self-preservation, or the right of self-defense, is a part of the law of
our nature; and that it is the duty of civil society to protect the lives and property of its members; and further,
that such protection is an essential consideration on which
they enter into the social compact.
~ 2. Wars are offensive and defensive. The use of force
to obtain justice for injuries done, is ofensive war.  The
making use of force against any power that attacks a nation or its privileges, is defensive tar. A war may be defensive in its principles, though offensive in its operation.
Thus, one nation is preparing to invade another; but before the threatened invasion takes place, the latter attacks
the former as the best mode of repelling the invasion. In
this case, the party making the attack would be acting on
the defensive. (See ~ 13.)  The contending parties are call



Chap. LXI.          LAW OF NATIONS.                 233
ed belligerents. The word belligerent is fronm the Latin bellum,
war, and gero, to wage, or carry on. Nations that take no
part in the contest, are called neutrals.
~ 3. War ought never to be undertaken without the most
cogent reasons. In the first place, there must be a right to
make war, and just gr'ouznds for making it. Nations have no
right to employ force any further than is necessary for their
own defense, and for the maintenance of their rights. Secondly, it should be made from proper motives; the good of the
state, and the safety and common advantage of the citizens.
Hence, there may be just cause for war, when it would be
inexpedient or imprudent to involve the nation in such
calamity.
~ 4. The numerous objects of a lawful war may be reduced to these three: (1.) To recover what belongs to us,
or to obtain satisfaction for injuries. (2.) To provide for
our future safety by punishing the offender.  (3.) To defend
or protect ourselves from injury by repelling unjust attacks.
The first and second are objects of an offensive war; the
third is that of a dfensive war.
~ 5. Injury to an individual citizen of a state, by the subjects of another state, is deemed a just cause of war, if the
persons offending, or the government of the state to which
they belong, do not make reparation for the injury; for
every nation is responsible for the good behavior of its subjects. But, although this would, according to the law of
nations, afford justifiable cause of war, neither the honor
nor the true interests of a nation, require, that war should
always be made for so slight a cause.
~ 6. The honor and dignity of a nation would, in some
cases, be best maintained by its making indemnity to its
injured citizens, if satisfaction is refused, and suffer'the
wrong to pass unredressed. An individual who, though
under the sanction of law, should avenge every slight act
of violence committed upon his person, by inflicting personal chastisement upon the offender, would forfeit the public esteem. Nor, as we suppose, is it necessary for a nation,
in order to retain the respect of civilized nations, to seek
redress for every triflinginjury, by a resort to war. A just
sense of duty would suggest forbearance, at least until reTronstrance against the repetition of injuries should be found
unavailing.




234                CITIZEN'S MANUAL,          [Chap. LXI
~ 7. A government that unnecessarily involves a whole
nation in war, assumes a fearful responsibility.  Generally,
the injury sought to be redressed should be serious, and
satisfaction be demanded and refused, before recourse is
had to arms. And where there is a question of right between the parties, the government making war ought to
have no reasonable doubt of the justice of its claim. And.
even when no such doubt exists, it would be the duty of
such government to prevent a war, if possible, by proposals
of compromise. And it is believed that, in no case ought
war to be made until attempts have been made to effect an
adjustment of difficulties by compromise, or by offers to
submit them for arbitration.
~ 8. These sentiments, it is admitted, do not accord with.
the general practice of nations; probably they will not receive the assent of every reader. But it is believed, that
those who-are well instructed in the precepts of revealed
religion, and draw their ideas of moral obligation from that
system of morality, will find in these sentiments nothing to
condemn. In this enlightened, Christain age, almost all
national controversies might be honorably settled without
bloodshed, even when, according to the law of nations,
just cause of war exists, if the party aggrieved should faithfully endeavor, by all proper means, to effect a peaceable
adjustment.
~ 9. One of the means by which satisfaction is sought
without making war, is that of reprisals.  (See Chapter
XXXVI, ~ 4.) If a nation has taken what belongs to another, or refuses to pay a debt, or to make satisfaction for
an injury, the offended nation seizes something belonging
to the former or to her citizens, and retains it, or applies it
to her own advantage, till she' obtains satisfaction: and
when there shall be no longer any hope of satisfaction, the
effects thus seized are confiscated, and the reprisals aro
complete.  To confiscate is to adjudge property to be forfeited, and to appropriate it to the use and benefit of the state.
But as the loss in this case would fall upon unoffending
citizens, it is the duty of their government to grant them
indemnity.
~ 10. But to justify reprisals by the law of nations, the
grounds upon which they are authorized must be just and
well ascertained. If the right of the party demanding sat



"hap. LXI.J        LAW OF NATIONS.                  235
isfaction is doubtful, he must first demand an equitable exarination of his claim, and next be able to show that justice has been refused, before he can justly take the matter
into his own hands. He has no right to disturb the peace
and safety of nations on a doubtful pretension. But if the
other party refuses to have the matter brought to the proof,
or to accede to any proposition for terminating the dispute
in a peaceable manner, reprisals become lawful.
~ 11. By treaties of alliance, nations sometimes agree to
assist each other in case of war with a third power. It is
a question not clearly settled, whether the government that
is to afford the aid, is bound to do so when it deems the war
to be unjust. The reasonable conclusion seems to be, that,
in cases simply doubtful, the justice of the war is. to be
presumed; and the government pledging its aid is bound
to fulfill its engagement.  The contrary doctrine would furnish a nation with too ready a pretext for violating its
pledge. In cases only of the clearest injustice on the part
of its ally, can. a nation rightfully avoid a positive engagement to afford assistance.
~ 12. When, however, the object of the war is hopeless,
or when the state under such engagement would, by furnishing the assistance, endanger its own safety, it is not
bound to render the aid. But the danger must not be slight,
remote, or uncertain. None but extreme cases would afford
sufficient cause for withholding the promised assistance.
~ 13. When the alliance is defensive, the treaty binds
each party to assist-the other only when engaged in a defensive war, and unjustly attacked. By the conventional
law of nations, the government that first declares, or actually
begins the war, is considered as making qofensive war; and
though it should not be the first actually to apply force, yet
if it first renders the application of force necessary, it is the
aggressor.; and the other party, though first to apply force,
is engaged in a defensimv war.  (See ~ 2.)




236               CTTIZEN'S MANUAL.          [Chap. LXIL
CHAPTER  LXII.
DECLARATION OF WAR; ITS EFFECT UPON THE PERSON
AND PROPERTY OF THE ENEMY S SUBJECTS; STRATAGEMS
IN WAR.
~ 1. WHEN a nation has resolved on making war, it is
usual to announce the fact by a public declaration. In
monarchical governments, the power to declare war, whicL
of course includes the right of determining the question
whether it shall be made, is vested in the king. In our own
country, this power is, by the constitution, given to the
representatives of the people, for reasons elsewhere stated.
(Chap. XXXVI, ~ 3.)
~ 2. It was the custom of the Romans, first to send a
herald to demand satisfaction of the offending nation; and
if, within a certain period, (thirty-three days,) a satisfactolry answer was not returned, and war was resolved on,
the herald was sent back as far as the frontier, where he
declared it. It was considered due to the people of the
offending nation, that their chief, knowing the consequences
of refusing satisfaction, might be induced to do justice, and
to preserve the lives and peace of his subjects. ~ War, without such demand and notice, was regarded as unlawful.
~ 3. Although the practice of all these formalities was
not observed by nations in later times, it was usual to make
a simple declaration, and communicate it to the enemy. But
according to modern practice, war may lawfully exist without a formal declaration to the enemy. Any manifesto or
paper from an official source, duly recognized by the government, announcing that the country is in a state of war,
is considered sufficient. The act of recalling a minister
has alone been regarded as a hostile act, and followed by
war, without any other declaration. Such cases, however,
have not been frequent. Under ordinary circumstances,
the recall of a minister is not an offensive act.
~ 4. In the war between the United States and Great
Britain, declared in 1812, the declaration was not communicated to the British government; but the war was actually




Chap. LXII.]       LAW OF NATIONS.                  237
commenced on our part immediately after ti e act of congress containing the declaration was passed. The purposes
of a declaration are answered when due notice of a state of
war is given by the government to its own citizens and
those of neutral nations, that they may govern themselves
accordingly; and the passage of the act of congress was
deemed a formal official notice to all the world.
~ 5. The government of a state acts for and in behalf of
all its citizens; and its acts are binding upon all. Hence,
when a war is declared, it is not merely a war between the
two governments; all the subjects of the government declaring it, become enemies to all the subjects of that against
which it is declared.
~ 6. The severity of the rules of ancient warfare has been
greatly mitigated. On the breaking out of a war in any
state, the persons of the enemy found within the state, and
their property, became immediately liable to be captured.
And it is still held to be the right of a state to confiscate
the property of such, and to detain the persons themselves
as prisoners of war. Only movable property is thus liable
to confiscation. Houses and lands continue to be the enemy's property; the income thereof only being subject to confiscation.
~ 7. Vattel, however,, and some others, maintain, that
neither the subjects of an enemy who are in a country when
war is declared, nor their effects, can be rightfully detained.
Permitting them to enter the state, and to continue therein,
is a tacit promise of protection and security of return.
They are therefore allowed a reasonable time to retire with
their effects. Although this mild construction of the law is
supported by high authority and extensive practice, and is
consistent, it would seem, with reason and common justice;
the question has been settled in this country in favor of the
more rigid rule.
~ 8. By decisions of our national courts, war gives the
sovereign power of the nation full right to take the persons
and confiscate the property of the enemy wherever they may
be found. Butwhile these decisions claimed for congress
the rig-Aht of confiscation, the confiscation could not be made
without a special law of congress authorizing it. So that,
without any statute applying directly to the subject, the
property would continue under the protection of the law,




238               CITIZEN'S MANUAL.          [Chap. LXII
and might be claimed by the foreign owner at the restora
tion of peace.
~ 9. But whatever may be the true construction of thi
national law on this subject, the government of every nation
may grant such privileges as it thinks proper, to the subjects of an enemy. Few civilized nations, at the present
day, would, it is believed, deny such persons a reasonable
time to retire with their property. It is probably owing,
in a great measure, to the conflicting opinions of the writers
on public law, that the privilege spoken of is now so generally secured by treaty.
~ 10. When war is declared, all intercourse between the
two countries at once ceases. All trade between the citizens, directly or indirectly, is strictly forbidden; and all
contracts with the enemy, made during the war, are void.
~ 11. Although a state of war makes all the subjects of
one nation enemies of all those of the other, all are not
allowed, at pleasure, to fall upon the enemy. They can not
lawfully engage in offensive hostilities without permission
of their government. If they have no written commission
as evidence of such permission, and if they should be taken
by the enemy, they would not be entitled to the usual mild
treatment which other prisoners of war receive, but might
be treated without mercy as lawless robbers and banditti.
~ 12. The object of a just war is to obtain justice by
force when it can not otherwise be had. When, therefore,
a nation has declared war, it has a right to use all necessai-y means, and no other, for attaining that end. A just
war gives us the right to take the life of the enemy; but
there are limits to this right. If an enemy submits, and
lays down his arms, we can not justly take his life.
~13. Although all the subjects of a government are to
be considered enemies, justice and humanity forbid that
women, children, feeble old men and sick persons, who
make no resistance, should be maltreated. Prisoners of
war are not to be treated with cruelty. They may be confined, and even fettered, if there is reason to apprehend
that they will rise against their captors, or make their escape.
~ 14. Prisoners of war are detained to prevent their returning to join the enemy, or to obtain fiom their government a just satisfaction as the price of their liberty. Pris



Chap. LXII.]         LAW OF NATIONS.                239
oners may be kept till the end of the war. Then, or at
any time during the war, the government may exchange
them for its own soldiers, taken prisoner by the enemy; or
a ransom may be required for their release. It is the duty
of the government to procure, at its own expense, the release of its citizens.
1. 15. Ravaging a country, burning private dwellings, or
otherwise wantonly destroying property, is not justifiable,
except in cases of absolute necessity. But all fortresses,
ramparts, and the like, being appropriated to the purposes
of war, may be destroyed.
~ 16. How far it is right to practice stratagems and deceit to obtain advantage of an enemy, we will not undertake to decide. To some extent they are justified by the
law of nations; but in general they are dishonorable and
wrong.
~ 17. Spies are sometimes sent among the enemy, to discover the state of his affairs, to pry into his designs, and
carry back information. This is a dishonorable office1; and
spies, if detected, are condemned to death..~ 18. The rights,of a nation in war at sea are essentially
different from  those in war upon land. The object of a
maritime war is to destroy the commerce and navigation
of the enemy, with a view of weakening his naval power.
To this end, the capture or destruction of private property
is necessary, and is justified by the law of nations. Hence,
for purposes of attack as well as defense, every nation of
considerable power or commercial importance keeps a navy,
consisting of a number of war vessels, which are kept
ready for service.
~ 19. Besides these national ships of war, there are armed
vessels owned by private citizens, which are called privateers. Their owners receive from the government a commission to go on the seas, and to capture any vessel of the
enemy, whether it is owned by the government or by private citizens, or whether it is armed or not. And to encourage privateering, the government allows the owner and
crew to keep the property captured as. their own.
~ 20. This right being liable to great abuse, the owners
are required to give security, that the cruise shall be conducted according to instructions and the usages of war;
and that the rights of neutral rations shall not be violated;




240               CITIZEN'S MANUAL         [Chap, LXII.
and that they will bring in the property captured for adjudication. When a prize is brought into a port, the captors
make a writing, called libel, stating the facts of the capture,
and praying that the property may be condemned; and
this paper is filed in the proper court.
~ 21. If it shall be made to appear that the property was
taken from the enemy, the court condemns the property as
prize, which is then sold, and the proceeds are distributed
among the captors. All prizes, whether taken by a public
or private armed vessel, primarily belong to the sovereign;
and no person has any interest in it except what he receives from the state: and due proof must in all cases be
made before the proper court, that the seizure was lawfully
made. In this country, prizes are proved and condemned
in a district court, which, when sitting for this purpose, is
called a prize court.
CHAPTER LXIII.
RIGHTS AND DUTIES OF NEUTRAL NATIONS; CONTRABAND
GOODS; BLOCKADE; RIGHT OF SEARCH; SAFE-CONDUCTS
AND PASSPORTS; TRUCES; -TREATIES OF PEACE, &C.
~ 1. A NEUTRAL nation is bound to observe a strict impartiality toward the parties at war. If she should aid one
party to the injury of the other, she would be liable to be
herself treated as an enemy. A loan of money to one of
the belligerent parties, or supplying him with other means
of carrying on a war, if done -with the view of aiding such
party in the war, would be a violation of neutrality. But
an engagement made in time of peace to furnish a nation
a certain number of ships, or troops, or other articles of
war, may afterward, in time of war, be fulfilled.
~ 2. A nation is not bound, on the occurrence of a war,
to change its customary trade, and to cease supplying a
belligerent with any articles of trade which such belligerent was wont to receive from her, although the goods may
afford him the means of carrying on the war. This rule




Chap. LXII ]        LAMW OF NATIONS.                24.
applies also to the loaning of money. If a nation has been
accustomed to lend money to another for the sake of interest, and the latter should become engagved in a war with a
third power, the neutral,nation would not break her neutrality if she should continue so to lend her money.  The
wrong in any case lies in the intention of aidinog one to the
detriment of the other.
~ 3. Vattel, however, in laying down this rule, supposes
the case of a belligerent going himself to a neutral country to make his purchases. But in the case of a neutral
nation carryinlg goods to the enemy of another, he does not
appear to allow the same liberty. A nation in a just war,
has a rigiht to deprive her enemy of the means of resisting
or injuring her, and therefore may lawfully intercept every
thing of a warlike nature which a neutral is carrying to
such enemy.
~ 4. A neutral nation's being permitted to continue her
commerce with belligerent nations, and at the same time
to furnish them with the means of war, renders it difficult
sometimes to determine how far freedom of trade is consistent with the laws of war. In determining this question, it
is necessary to distinguish correctly-between goods that do
not subserve the purposes of war, and those that do; for
nations should enjoy full liberty to trade in the former.
To attempt to stop this trade would be a violation of the
rights of neutral nations.
~05. Articles which are particularly useful in war, are
those which a neutral is not allowed to carry to an enermy.
The goods thus prohibited are called contraband goods.
What these are, it is impossible to say with precision, as
some articles may in certain cases be lawfully carried,
which would be justly prohibited under other circumstances. Among' the articles usually contraband, are arms,
ammunition, materials for ship-building, naval stores,
horses, and sometimes even provisions.
~ 6. Contraband goods, when ascertained to be such, are
confiscated to t-he captors as lawful prize. Formerly the
vessel also was liable to be condemned and confiscated;
but the modern practice, it is said, exempts the ship, unless
it belongs to the owner of the contraband articles, or the
carrying of them is connec'ed with aggravating circum
stances.




242               CITIZEN'S MANUAL.          [Chap. LXII.
~ 7. One of the rights of a belligerent nation, and one
which a neutral is bound to regard, is the right of blockade.
Blocl/ade is a blocking up. A war blockade is the stationing of ships of war at the entrance of an enemy's ports, to
prevent all vessels from comning out or going in. The object
of a blockade is to hinder supplies of arms, ammunition, and
provisions from entering, with a view to compel a surrender by hunger and want, without an attack.  A neutral
vessel attempting to enter or depart, becomes liable to be
seized and condemned. Towns and fortresses also may be
shut up by posting troops at the avenues.
~ 8. A simple decree or order declaring a certain coast
or country in a state of blockade, does not constitute a lawful blockade. A force must be stationed there, competent
to maintain the blockade, and to make it dangerous to enter.
And it is necessary, also, that the neutral should have due
notice of the blockade in order to subject his property to
condemnation and forfeiture. According to modern usage,
if a place is blockaded by sea only, commerce with it by a
neutral may be carried on by inland communication. Also,
a neutral vessel, loaded before the blockade was establish.
ed, has a right to leave the port with her cargo.
~ 9. To prevent the conveyance of contraband goods, the
law of nations gives a belligerent nation the right of search;
that is, the right, in time of war, to search neutral vessels,
to ascertain their character, and what articles are on board.
A neutral vessel refusing to be searched by a lawful cruiser,
would thereby render herself liable to condemnation as a
prize. Private merchant vessels only are subject to search;
the right does not extend to public ships of war.
~ 10. To prove the neutral character of a vessel, she must
be furnished with the necessary documents. The papers
required are, sea-letters or passports, describing the name,
property, and burden of the ship; the name and residence;f the commander; and certificates containing the particulars of the cargo, and place whence the ship sailed, signed
by the officers of the port. In a time of universal peace,
the register of the vessel has been deemed sufficient.
~ 11. The property of an enemy found on board of a
neutral vessel, may be seized, if the vessel is beyond tho
limits of the jurisdiction of the nation to which she belongs;
but the vessel is not confiscated; and the master is more



Chap. LXIII.]       LAW OF NATIONS.                 243
over entitled to freight for the carriage of the goods. The
property of nzeutrals found in an enemy's vessels, is to be restored
to the owners.
~ 12. A neutral is forbidden, by the law and practice of
nations, to permit a belligerent to arm and equip vessels
of war within her ports. And our own government has, in
conformity with the law of nations, declared it to be a misdemeanor for any of our citizens to fit out any vessel Withill
the United States, or to accept or exercise a commission, or
to enlist, or hire another to enlist, to go beyond the limits
of the United States, to assist any people in war against
another with whom we are at peace.
~ 13. It has been observed, that, in time of peace, the
people of one nation are entitled to an innocent passage
over the lands and waters of another.  (Chap. LX, ~ 3,) It
is held that this right extends to troops of war. But he
who desires to march his troops through a neutral country
must apply to the government of the neutral nation for permission; for it rests with the sovereign authority to judge
whether the passage would be innocent. Such passage can
scarcely be made without damage.
~ 14. If a passage is granted to the troops of one belligerent, the other has no just ground of complaint against the
neutral state. But if a neutral nation grants or refuses a
passage to one- of the parties at war, she ought also to
grant or refuse it to the other, unless she was previously
bound to the former by treaty; in which case a passage
can be justly claimed under the provisions of the treaty.
~ 15. It is sometimes agreed to suspend hostilities for a
time. If the agreement is only for a short period, for the
purpose of burying the dead after battle, or for a parley
between the hostile generals, or if it regards only some particular place, it is called a cessation or smspe.nsion of arms.
If for a considerable time, and especially if general, it is
called a trance. By a partial truce, hostilities are suspended
in certain places, as between a town and the general besieging it; and generals have power to make such trueues.
By a general truce, hostilities are to cease generally, and
in all places, and are made by the governments or sovereigns. Such truces afford opportunities for nations to settle their disputes by negotiation.
~ 16. A truce binds the contracting parties from the time




244                CITIZEN'S MANUAL.         [Chap. LXII1
it is made; but individuals of the nation. are not responsible
for its violation before they, have had due notice of it. And
for all prizes taken after the time of its commencement, the
government is bound to make restitution. During the cessation of hostilities, each party may, within his own territories, continue his preparations for war, without being
chargeable with a breach of good faith.
~ 11. Safe conducts and passports are written licenses insuring safety to persons in passing and repassing, or insuring
a safe passage of property. The right to grant safe conducts rests in the supreme authority of a state; but the
right is either expressly delegated to subordinate officers,
or they derive it from the nature of their trust. If a person
suffers damage by a violation of his passport, he is entitled
to indemnity from him who promised security.
~ 18. War is generally terminated, and peace secured, by
treaties, called treaties of peace. The manner of making treaties has been described. (Chap. XL, ~ 5.) A treaty of peace
puts an end to the war, and leaves the contracting parties
no right to take up arms again for the same cause. Hence,
the parties agree to preserve "perpetual peace," which,
however, relates only to the war which the treaty terminates; but does not bind either party never to make war
on the other for any cause that may thereafter arise.
~ 119. The contracting parties to a treaty of peace are
bound by it from the time of its conclusion, which is the day
on which it is signed; but, as in the case of a truce, persons are not held responsible for any hostile acts committed
before the treaty was known; and their government is
bound to order and to enforce the restitution of property
captured subsequently to the conclusion of the treaty.
~ 20. War is sometimes terminated by mediation. A friend
to both parties, desirous of stopping the destruction of human life, kindly endeavors to reconcile the parties. The
friendly sovereign who thus interposes, is called mediator.
Many desolating wars might have been early arrested in
this way, had there always been among friendly powers
generally a disposition to reconcile contending nations,




Chap. LXIV.]    PARLIAMENTARY RULES.               245
PARLIAMENTARY RULES
CHAPTER LXIV.
NECESSITY OF RULES OF PROCEEDING IN DELIBERATIVE
BODIES; ORGANIZATION OF AN ASSEMBLY; DUTIES OF
ITS OFFICERS; RIGHTS AND DUTIES OF MEMBERS.
~ 1. IT must be apparent, upon the slightest consideration, that no deliberative assembly, consisting of any considerable number of persons, can transact business with
facility or dispatch, without some established rules of proceeding. Their deliberations would almost unavoidably be
protracted by needless debate; action upon any subject
would be liable to interruption; and perhaps the assembly,
incapable of preserving order, would' break up in confusion.
~ 2. Hence, it has become the universal practice of political conventions and other assemblages for deliberative
purposes, to observe some rules for conducting their deliberations. These rules are in all bodies nearly the same; so
far, at least as the character of different meetings will admit; and, like many other institutions in this country, have
come to us from England. From their having been originally adopted and practiced by the British parliament, they
are called parliamentary rules; and the same term is still used,
whether applied to the rules of legislative bodies, or to
those of meetings for other purposes.
~ 3. These rules have been adopted by all legislative assemblies in this country, with such alterations and additions only as have been. found necessary to adapt} them to
the peculiar: circumstances of each assembly. And so far
as they admit of general application, they regulate the proceedings of all public meetings. As every citizen has occasion to participate in public business, and as a large portion of the citizens are at times called upon to preside at
meetings of some kind, a compendium of the principal rules
of parliamentary practice, will, it is believed, add essen



L314-6            CITIZEN'S MANUAL.          [Chap. LXIV
tial Value to this " Manual," and will not be deemed incompatible with its design.
~ 4. Before an assembly proceeds to business, it must be
duly organized; that isi it must be put into a suitable form
for the transaction of business. It is done thus:  One of
the members of the meeting requests the others to come to
order. The members having become seated, he requests
them to nominate (name) some person to act as chairman.
This being done, he declares that such person has been nominated, and puts the question, that the person named be
requested to take the chair.
~ 5. It is not unusual for the person himself who calls the
meeting to order, both to nominate a candidate for the chair,
and to put the question to vote. Should the question be
decided in the negative, (which, however, is seldom the
case,) another person is nominated and the question is taken, until a choice is made. The person chosen to serve as
chairman takes the chair, and proceeds to complete the organization of the meeting, by the election of a clerk, or secretary, in the same manner, and such other officers as the
assembly shall think proper to appoint.
~ 6. When large conventions are assembled, and the importance of the business to be transacted seems to require
a'more deliberate choice of officers, the person calling the
convention to. order sometimes announces, that the organization is intended to bb temporary, and preparatory to a
permanent organization. And after such temporary organization, a committee is appointed to make a selection of
persons as permanent officers of the meeting; who are generally a president, one or more vice-presidents, and one or
more secretaries.
~ 7. The business of a vice-president is to take the chair
in the absence of the'president from the meeting, or when
he leaves the chair to take part in the proceedings as an
ordinary member. WhVcn, as is often the case at large conventions, a number of supernumerary vice-presidents and
secretaries are chosen, it is done chiefly to give consequence and dignity to the meeting.
~ 8. In. deliberative bodies composed of delegates chosen
in the several towns, counties, or districts, to represent the
people of these localities, it is necessary to ascertain before proceeding. to business, who have been chosen as nmem



Chap. LXIV.]     PARLIAMENTARY RIULES.              24-7
bers, that those only who are authorized may take part in
the proceedings, and that a list of the memlbers may be
made for the use of the. imeeting and its officers.  A proper
time for this investigation, is before the permanent organization, if the meeting was not permanently organized in
the first instance.
~ 9. Sometimes also before, or immediately after, the permanent organization, beides the committee appointed to
select permanent officers, committees are also appointed to
arrange and report the order of business, and to fix the
times for reassembling after adjournment; to prepare resolutions, and perhaps an address, to-be presented to the
meeting for consideration; and for such other purposes as
may be deemed necessary. These committees are thus
early appointed, that there may be no unnecessary delay
in proceeding to business when the convention shall have
become permanently organized. Legislative bodies have
standing rules for the order of business, which are adopted
by each successive legislature, and seldom with any essential alteration.
~ 10. Legislative assemblies can not do business without
the presence of a quorum. The number of members constituting a quorum, is fixed by the constitution or by
law. As ordinary public meetings are not to consist of
any definite number of persons, it can not be -known what
number of members constitute a quorum. Hence, the busiaess of such meetings is generally commenced, and from
time to time resumed, after waiting a reasonable time for
the attendance of members, without reference to any particular number.
~ 11. The principal duties of a presiding officer, are the
following: To open each sitting by taking the chair, and
calling the members to order; to announce to the assembly
the business in order; to receive all communications, messages, motions, and propositions, and put to vote all questions which are to be decided by the assembly, and declare
the result; to enforce the rules of order, and the observance
of decorum among the members. The presiding officer may
read sittihg, but should rise to state a motion, or put a
question. In many, especially small bodies, the formality
of rising is more frequently dispensed with.
~ 12. It is the duty of a clerk or secretary, to take notes




248                CITIZEN'S MANUAL.          [Chap. LXV
of all the acts and proceedings of the nieeting; to read all
papers that may be ordered to be read; to call the roll of
the assembly, and record the votes when necessary; to notify committees of their appointment and of the business
referred to them; and to take charge of all papers and documents belonging to the assembly.
~ 13. It is the duty of every member to treat all other
members with respect and decorum. In general, whispering or speaking to each other; standing up to the interruption of others; walking across the room, and especially
passing between the presiding officer and a member speaking; to enter the room, or to remove from place to place,
with hats on; are all violations of the rules of decorum.
But to disturb each other by hissing, intentional coughing,
spitting, or otherwise, is an aggravated breach of decorum,
of which no member having a proper respect for himself or
the assembly, will be guilty.
~ 14. It is the right of any member, and the special duty
of the presiding officer, to call the attention of the assembly
to any instance of disorderly conduct. A member charged
with an offense against the assembly has a right to vindicate himself from the charge, and having been heard, he is
to withdraw, unless, on his offering to withdraw, the assembly allows him to remain.
~ 15. No member, when his private interests, or his: conduct as a member, are involved in a question under debate,
ought to be present after having been heard in exculpation; but if he should remain, he should not be allowed to
vote; or, if he should vote, his vote ought to be disallowed.
The laws of decency, the honor of the assembly, and the
rule that no man is to be judge in his own case, alike for.
bid the allowance of such vote.




Chap. LXV.]      PARLIAMENTARY RIULES.              249
CHAPTER LXV.
GENERAL ORDER OR ARRANGEMENT OF BUSINESS-INTRODUCTION OF BUSINESS, BY MOTION, PETITION, &C.
~ 1. WHEN there has been no previous arrangement of
the business of an assembly, the order in which the several matters are to be taken up, is left to the discretion of
the presiding officer, unless the assembly, on a question,
shall decide to take up a particular subject. In legislative
bodies, there is a settled order of business; and the utility
of such an order is found also in other meetings, which are
to last a considerable time, and which have before them
numerous subjects to be acted upon.
~ 2. Such an arrangement of business is desirable, both
for the government of the presiding officer, and for restraining individual members from calling up favorite measures
out of their just turn. Although, in the absence of a settled order, the consent of the assembly might be required
in order to give precedence to any such favorite measure,
an established order is useful in directing the discretion of
the assembly, when it is moved to take up a particular matter to the injury of others which have a prior right to be
attended to in the general order of business.
~ 3. It may be observed, in relation to a settled order of
business, that the question of its necessity, and, if necessary, whether it shall be established according to some
general rule, or by special orders relating to each particular
subject, is to be determined by the nature and number of
the matters before the meeting.
~ 4. When a meeting, has been duly organized, and is
open for business, any member may offer any proposition or
communication which he may choose to make, consistently
with the rules of the assembly. In order to do this, he
must first " obtain the floor," as it is called. This is done
by rising in his place, -and addressing the presiding officer
by his title; as, " Mr. President," or " Mr. Chairman," as the
case may require. The presiding officer, hearing himself
addressed, answers the call, by speaking the name of the




250               CITIZEN'S MANUAL.            Chap. LXV
2nember, that the assembly may take notice who it is that
speaks. In legislative and other bodies representing large
territories, such member is announced as   tile gentleman
from   -," naming the town or district which he represents.
~ 5. If two or more rise to speak nearly together, the
presiding officer determines who was first up, and announces
himr; whereupon he proceeds, unless he voluntarily sits
down and gives way to the other. If the decision of the president is not satisfactory, any member may call it in question,
and have the sense of the assembly taken thereon; the
question being first taken upon the name of the person announced by the president.
~ 6. A member introducing a proposition of his own,
whether by resolution or otherwise, puts it into the proper
form, and moves that it be adopted by the assembly. A
proposition thus moved, is called a motion?; and it is so called until it has been stated by the chair, and offered to the
assembly for its adoption or rejection, when it is denominated a question; and when it is adopted, it becomes the resolzution, order, or vote of the assembly.
~ 7. Motions are usually submitted in writing; and the
president may refuse to receive any motion that is not in
writing. Motions, however, which admit of being easily
and correctly recorded by the secretary are often received,
though not in writing.  Or the chairman himself may, if
he pleases, reduce a motion to writing before it is' submitted.
~ 8. It should here be observed that principal motions
only come under this rule.  Occasional or incidental motions,
and motions sabsidiary to, or aiding a principal motion, are
not offered in writing. Of these kinds of motions, are motions to adjourn, to postpone, to lie on the table, to take the
previous question, to commit a subject; that is, to refer it
to a committee. But a motion to amend, when additional
words are t6 be inserted, must, if required, be in writing.
These motions will be more particularly considered hereafter. (Chap. LXVIII.)
~ 9. A motion, to be entitled to the notice of the presiding officer, must have the approval of at least one member
besides the person making it; which approval is expressed by his rising and saying that he seconds the motion. It
is generally deemed inexpedient to take up time; in considering a question which none but the mover regards with
favor.




Chap. LXVI.]    PA/ LIAMENTARY RULES.              251
~ 10. When a motion has been seconded, it is stated by
the president Y the meeting. It then becomes a question
for the decision of the meeting; and it is then, and not before, in order for any member to speak to it, or to make any
other motion for the disposal of it.
~ l1., Communications, as memorials, petitions, remonstrances, from persons not members, are presented by members, as no person but a member has a right to speak to
the assembly. A member presenting a petition, should be
able to state the substance of it, and also prepared to say,
if questioned, that it is written in proper.and respectful
language.
~ 12. According to the regular form, on presenting or offering a petition, a motion to receive it must be made and
seconded, and a question put, whether it shall be received.
In practice, however, the formality of a vote is generally
dispensed with; and if no objection to its being received
is made, the president takes it for granted that there is
none. The petition is then brought up to the table, read
by the clerk, and disposed of by the assembly. In legislative bodies, the mass of petitions are not even read on
their reception, but are referred to the committees on the
subjects to which the petitions relate. Other communications than petitions from persons not members, take a similar course.
C.H APTER  LXVI.
MOTIONS-FOR THE PREVIOUS QUESTION; FOR POSTPONEMENT; TO LIE ON THE TABLE; TO COMMIT.
~ 1. WHEN a question before an assembly is deemed useless or inexpedient, or is thought to have been sufficiently
discussed, any member may stop the debate by moving
the previous question; which is, Shall the main question be now
prt?  If the question is decided in the affirmative, the
main question is to be put immediately, without any further debate




252               CITIZEN'S MANUAL.         [Chap. LXV1.
~ 2. But the effect of a decision in the negative, is not
everywhere the same. In somle legislative bodies, the decision that the main question shall not be now put, is regarded as a determination that it shall not be put at any
time during the present sitting,; leaving the debate to continue through the same, unless the question shall be sooner
disposed of. In the house of representatives, a negative
vote on the previous question, has the contrary effect; that
of stoppinig the debate for the day.
~ 3. To understand how it has come, that a negative decision should operate to sueppress debate on a main question,
when it is the object of an affirmative vote to effect a similar result, it is necessary to refer to the original use of
the previous question. It is said to have been introduced
in England, in 1604. It was then, Shall the main question
be put? and a determination in the negative suppressed the
main question for the whole session;, for, if it could not be
put at all, there was no use in continuing the discussion.
~ 4. But'the previous question was afterward altered to
its present form: Shall the main question be now put? and
a decision in the negative, namely, that it shall not be now
put, is to decide that it shall not be put.that day.  Hence,
as the main question can not be put that day, or at the
present sitting, the debate must be suspended during the
same time.
~ 5. In the assembly of New York, and perhaps in some
other legislative bodies, if the previous question is negatived; that is, if the main question can not be now put, the
main question remains under debate. If the previous question is ordered, and if there are any pending amendments
which have been adopted in committee of the whole, and
not acted on in the house, the question is taken upon such
amendments in their order, and without further debate or
amendment, before the main question i>s put. In other
bodies, all pending amendments are cut off and lost by taking the main question.
~ 6. In England, the object of the mover of the previous
question, is to obtain a negative decision; because; although
the effect would be, strictly, and according to its original
intention, to suppress the main question for the day, it has,
by parliamentary usage, come to be a disposal of the main
question altogether, *without a vote upon it; whereas, in this




Chap. LXVI.1    PARLIAMENTARY RULES.                253
country, the object of the mover of the previous question, is
to get a vote in the affirmative, with the view, not of suppressing the main question entirely, but of suppressing debate, either altogether, as in some assemblies, or, as in
others, for the present time only. The effect of an affirmative decision is the same in both countries, namely, the putting of the main question immediately.
~ 7. When it is desired to suppress a main question for
the whole session without having it come to a vote, the
preferable course is, to move that the question be postponed
indefinitely; which is a postponement without fixing a day
for resuming the consideration of the question.  This
quashes the proposition for that session.
~ 8. When a question is before an assembly, which is
deemed proper to be acted upon, but on which members
are not prepared to act, either from want of information,
or because something more pressing claims present attention, a motion is made to postpone the subject to some future
day within the session; or, if it is not thought proper to
fix upon a day certain, the proper motion is, that the matter lie on t]he table. It may then be called up at any time
when it is convenient to consider it. Such motion is some,
times intended to make a final disposal of a subject;
as such will be the effect, if it should not afterward be
called up.
~ 9. If a proposition is so imperfect in its form as to need
more amendment than can be conveniently made by the
assembly, a motion is made to commit it; that is, to refer it
to a committee for amendment; which committee may be
the standing committee having similar subjects in charge,
or a select committee appointed for this special purpose.
~ 10. But if the proposition is well digested, and seems
to need but few and simple amendments, and especially if
these are of leading consequence, the assembly itself proceeds to consider and amend the proposition. The modes
of amendment are so various, and the different motions to
amend so numerous, as to require a separate chapter for
their consideration.




254               CITIZEN'S MANUAL.       [Chap. LXVIL
CHAPTER LXVII.
AMENDMENTS; DIVISION OF A QUESTION, AND ITS MO.DIFICATION; DIFFERENT MOTIONS TO AMEND; FILLING
BLANKS; ORDER OF PROCEEDING IN CONSIDERING AND
AMENDING PAPERS.
~ 1. WHEN a proposition or a question. contains more
parts than one, it may, by consent of the assembly, be divided into two or more questions. So also, if there are
several names in a proposition, they may be divided, and put
one by one.
~ 2. The mover of a proposition is sometimes allowed to
modify it, after it has been stated as a question by the presiding officer. And sometimes, after an amendment has
been moved and seconded, the mover of the original proposition consents to the amendment, and it is accordingly made.
But if objected to, such modification and amendment can
only be made by permission of the assembly, by a motion
and vote. Nor may the mover of a proposition, after it
has been stated as a question, withdraw it, without similar
leave.
~ 3. One way of amending a proposition, is by striking
out certain words, or a paragraph. Before a question is
put on a proposed amendment by striking out, those desiring to retain the paragraph, should amend it, if it needs
amendment, before the vote on striking out is taken; as
it can not be restored, if struck out, nor amended, if retained.
~ 4. When it is proposed to amend by inscrting or adding
a paragraph, or a part of one, its friends should make it as
acceptable as they can, by amendments, before the question is-put for inserting; as it can not be amended by inserting the same words afterward. If, however, the same
words are connected with others, so as to make a different proposition, a motion to insert the same words is in
order.
~ 5. When it is moved to amend by striking out or inserting certain words, or a paragraph, the manner of stating




C..ap. LXVIL]  PARLIAMENTARY RU(LES.              255
the question is, first, to read the whole passage to be
amended as it stands; then the words proposed to be struck
ou.t or inserted; and lastly the passage as it will be when
amended.
~ 6. Another form of amending a proposition is, to strike
out certain words and insert others in their place. The manner of stating a question of this kind, is, first, to read the
passage as it stands at present; then the words to be struck
out; next those to be inserted; and lastly, the passage as
it will stand if amended. If desired, the question may then
be divided by a vote of the assembly: if divided, the question is first taken on striking out; and, if carried, it is next
put on inserting the words proposed. If that question is
loss, it may be moved to insert others.
~ 1. If a motion to amend by striking out and inserting,
is put, undivided, and decided in the negative, the same
motion can not be made again; but it may be moved to
strike out the same words, and insert others of a tenor different from those first proposed. If this motion is negatived,
it may be moved to strike out the same words, and insert
nothing. Motions may, in various other ways, be made to
amend by striking out or inserting words formerly proposed
to be struck out or inserted, or a part of them; provided
they are so connected with others not before proposed, as to
make a different proposition.
~ 8. If a motion to strike out and insert is decided in the
affirmative, it can not be moved, either to insert the words
struck out, or a part of them, or to strike out those inserted,
or a part of them; but the words struck out, or a part of
them, may be inserted with others; and the words inserted,
or a part of them, may be struck out with others.
~ t9. A proposed amendment may itself be amended; but
a motion to amend an amendment to an amendment of a
main question, is not admitted. Such an accumulation, or
piling of questions, would embarrass the action of an assembly. The same result must be sought by deciding against
the amendment of the amendment in the form proposed, and
then moving it again as'it is wished to be amended. In
this form it becomes only an amendment of an amendment.
A person desiring to amend an amendment should give
notice, that, if rejected in its present form, he will move it
again in the form in which he wishes it adopte i; in which




256                CITIZEN'S MANUAL.        [Chap. LXVII.
%ase, those who prefer the latter may join in rejecting the
former.
~ 10. Propositions are sometimes introduced with blanks,
purposely left by the mover, to be filled with times and
numbers by the assembly. The matter to be inserted, however, is not properly considered as an amendment to a question, but rather as an original motion, to be decided before
the principal question. Motions may be made to fill blanks,
and the question put on each before another is made. But
the usual and better mode is, to have several propositions
first made, and then take the question on them in regular
order.
~ 11. In filling blanks, it is not the rule in all assemblies,
as some suppose, that the largest sum or number, and longest time, are always to be first put to the question; although
such is probably the general rule. A better rule is said to
be this: In all cases of time or number, if the larger comprehends the lesser, we must begin with the greatest, and go
down until an affirmative vote is obtained. But if the lesser
includes the greater, the question must be first put on the
least, and go up until a vote is reached.
~ 12. But it is not, in all cases, easy to determine, whether the larger includes the lesser, or the lesser the greater;
as will appear from the fact, that Mr. Jefferson, in his
Manual, mentions, among others, as belonging to the former class, the question, to what day a postponement shall
be; and to the latter, the question, on what day the session shall be closed by adjournment. Another author assigns to the former class, the amount of a fine; and to the
latter, the amount of a tax. In these and other cases mentioned, the distinction might not, at first thought, appear to
every presiding officer.
~ 13. Therefore, in explanation of this rule, it is said, that
the object is, not to begin at that extreme number or time,
which, and more, being within every man's wish, none can
vote against it; and yet, if it should be carried in the affirmative, every question for more would be precluded;
but at that extreme which will unite few, and then to advance or recede, until a number or time is reached that will
unite a majority.
~ 14. To illustrate: Take the question of postponement,
(~ 12,) and suppose three days named to fill a blank, the




Chap. lJXVII.]  PARLIAMENTARY RULES.               257
first, tenth, and twentieth of any month. Here the greater
includes the lesser; because, if the time of postponement
extends to the furthest day named, it of course extends to
or beyond the earliest; or, the earliest or a later day is
within every man's wish. But if the above named days
were proposed as days on which to adjourn, the lesser
would include the greater; for, if the assembly adjourns
on the first day of tah month, it will of course be adjourned.
on the twentieth: and as all wish for the adjournment as
early as the twentieth, or earlier, the beginning should be
at the other extreme. But the difficulty of applying this
rule in many cases, is perhaps a reason why it is the general rule to take the question first on the largest numbei
and longest time.
~ 15. The natural order in considering and amending any
paper containing several distinct propositions, is to begin
at the beginning, and proceed through it by paragraphs;
and it is not in order to go back and amend any former
part. This, however, is sometimes allowed, especially in
small bodies, where.a strict adherence to the rule is less
necessary.
~ 16. To the above rule there is an exception. In the
case of a resolution, or series of resolutions, or other paper,
having a preamble or title, the preamble or title is postponed until the other parts are gone through with. Also
the title of a bill in a legislative body is so postponed
The reason is, that such alterations may be made in the
body of.the bill, as shall require an alteration of the title.
~ 1.t. In considering a paper consisting of several paragraphs, as a bill, resolutions, draft of an address, &c., the
whole paper is to be read, first by the clerk, and theft by the
presiding officer, by paragraphs, pausing at the end of
each, and putting questions for amending, if amendments
are proposed; and when the whole paper has been gone
throughll with, the question is taken on agreeing to or
adopting the whole paper, as amended, or unamended.
~ 18. In considering a paper which has been referred to
a committee, and reported back to the assembly, the amendments only are read, in course, by the clerk. The presiding officer then reads the first, and puts it to the question,
and so on, until all are adopted or Iejected, before any
other amendment is admitted, except an amendment to an




258               CITIZEN'S MANUAL.      [Chap. LXVII.1
amendment. When the amendments reported by the conmmitte have been disposed of, the presiding officer pauses
for alrendments to be proposed to the body of the paper.
So also he pauses for this purpose if the paper was reported without amendments, putting no questions but on
amendments proposed. Having gone through the whole,
he puts the question on agreeing to or adopting the paper,
as the resolution or order of the assembly.
CHAPTER  LXVIII.
ORDER OR PRIORITY OF QUESTIONS; PRIVILEGED QUESTIONS; SUBSIDIARY AND  INCIDENTAL PRIVILEGED
QUESTIONS.
~ 1. IT is a general rule, that the question first moved
and seconded, shall be first put. But this rule gives way to
what are called privileged questions; and these privileged
questions again have priority among themselves.
~ 2. A motion to adjourn takes place of all others. But
this motion can not be received after another question is
put, and the assembly is engaged in voting. Nor, after a
motion to adjourn is negatived, can the motion be renewed,
until some other proceeding has taken place.
~ 3. Orders of the day take the place of all other ques.
tions, except for adjournment, and the incidental question,
the question of privilege. (~ 15.)  Orders of the day are
subjects which have, by an order of the assembly, been assigned for a particular day. Hence, when the day fixed for
the consideration of these subjects arrives, they are privileged questions for that day. But a motion for the orders
of the day, to give it precedence, must be for the orders
generally, if there is more than one, and not for any particular one; and, if carried, they must be read and gone through
withl, in the order in which they stand, unless some particular subject is taken up out of its regular order, by a special
vote.
~ 4. Another class of privileged questions, are those which




Chap. LXVIII.]   PARLIAMENTARY RULES.             259
are secondary to the principal question; and as they are
used to assist in disposing of a principal question or motion,
they are sometimes called subszdiary questions. Subsidiary
motions, are motions for the previous question, to lay on the
table, to postpone,.either indefinitely or to a day certain, to
commit, and to amend.
~ 5. The nature and use of these motions, and their operations as applied to a main question, have been explained.
We will here speak briefly of their different degrees, the
privileges which they have among themselves, and of their
effect upon each other.
~ 6. It is a general rule, that subsidiary or secondary
questions call not be used to dispose of or to suppress one
another; the common principle, "first moved, first put," applies to them. If, for example, a motion has been made to
postpone, commit, or amend a main question, it can not be
moved to suppress that motion by the previous question.
Or, if there is a motion for the previous question, or for the
commitment or amendment of a main question, it can not
be moved to postpone the motion for the previous question, or for the commitment or amendment of the main
question.
~ 7. There are several reasons for this rule. It would be
a piling of questions on one another, which, to avoid embarrassment, is not allowed. Besides, it is useless, as the same
result may be had more simply, by voting against the motion
itself, which is sought to be disposed of by another secondary
motion.
~ S. To this rule, however, there are exceptions.  A motion to amend may be applied to a motion to postpone, to
commit, or to amend, a principal motion. The reason why
the secondary motion to amend has a privilege which is not
given to other secondary and privileged motions, is its useful character. It is not used to dispose of or suppress, but
to carry out and improve the motion to which it is applied.
But it can not be applied to motions for the previous question, and to lie on the table, for the reason that these motions, being already as simple as they can be, do not admit
of any change or amendment. There are a few other exceptions. (~ 14, 15.)
~ 9. A motion to lie on the table takes' precedence of and
supersedes the other subsidiary motionis; namely, for the




260               CITIZEN'S MANUAL.       [Chap. LXVIII,
previous question, to postpone, to commit, a Wd to amend;
and if carried, removes the principal motion, and all the
other subsidiary and incidental motions connected with it,
from before the assembly, until it is again taken up.
~ 10. The previous question is of the same degree with
all other subsidiary questions, except that of lying on the
table, and, consequently, if first moved, can not be supersededc by a motion to postpone, commit, or amend; and if
moved first and put, the others can not be made at all;
for, if the previous question is decided in the affirmative,
the main question must be immediately put; and it would
not be in order to postpone, commit, or amend; if negatived, that is, if the main question is not to be now put, it
is taken out of the possession of the assembly for the day;
so that there is nothing to postpone, commit, or amend;
(except in assemblies, where the negativing of the previous
questions has a different effect.)
~ 11. The motion to postpone is of the same degree as
the motions for the previous question, to commit, and to
amend; and, if first made, can not be superseded by
them. A motion to postpone indefinitely may be amended
so as to make it to a day certain; and a motion to postpone to a certain day, may be amended so as to make the
postponement indefinite, or to a different day certain.
~ 12. A decision to postpone a proposition, leaves no
ground for any other subsidiary motion; but if it is decided not to postpone, a motion for the previous question,
or to commit, or to amend may be applied.
~ 13. A motion to amend stands in the same degree with
the previous question, and indefinite postponement but
it gives way to a motion to postpone to a day certain, and
without a violation of the rule before mentioned, (~ 9,)
that these subsidiary motions may not suppress one
another. The reason is, that the postponement to a day
certain is not a suppression of a question, but leaves it before the assembly, to be resumed at the time to which it is
adjourned.
~ 14. A motion to amend gives way also to a motion to
commit; for the reason that the latter, instead of suppressing, aids and facilities the former.
~ 15. There is another class of privileged questions,
which, arising out of other questions, are called incidental




Chap. LXVIII.]    PARLIAMENTARY RULES               261
questions, and must be put before'the questions out of which
they arise. They are questions of order, questions of privilege, questions incident to the reading of papers, questions for the suspension of a rule, on the withdrawal of a
motion, and amendment of amendments.  The two last
have been considered.  (Chap. LXVII, ~ 2.)
~ 16. It is the duty of a presiding officer to enforce the
rules and orders of the assembly; and it is the right of
every member taking notice of the breach of a rule, to insist upon its enforcement. If a question arises as to the
fact of there being a violation of a rule, it is called a question of order; and the subject out of which it arises, must
give way until the incidental question of order is disposed of.
~ 17. A question of order is first decided by the chairman, without debate or delay. If the decision is not satisfactory, any member may appeal from that decision, and
have the question decided by the assembly. The question
is then stated by the chairman: Shall the decision of the
chair stand as the decision of the assembly? It is then
debated and decided as other questions; and the chairman
himself may take a part in the debate, at least so far as to
state the reasons for his decision.
~ 18. A question of privilege is one that concerns the rights
and privileges of an assembly and of its individual menbers; as when a quarrel arises between two members;
or when some other disturbance takes place to interrupt the
business of the assembly. When a question of privilege
arises, it supersedes, for the time, all others, except questions of adjournment, and must be first disposed of.
~ 19. When papers are laid before an assembly, every
member has a right to have them  once read. When the
reading is called for, the presiding officer directs it to be
done by the clerk. If the reading is objected to, it must
be put to the question. But a member has not the right
to read, or to have read; any paper or document, having
no relation to a question under consideration, without
the consent of the house. This would consume too much
time.
20(. Formerly, it was the practice' in legislative bodies,
on rclerring papers to committees, to have them first read;
but of late, any part of a paper is seldom read, exrept tile




262              CITIZEN'S MANUAL.         [Chap. LXIX.
title, unless the reading is insisted on by aimember. If a
question arises on its reading, this question has the privilege of being first decided.
~ 21. If action upon a subject can not be had, by reason
of some special rule prohibiting it, a motion may be made
to dispense with, or suspend the rule, in order to permit the
action desired: and the motion to suspend must be first
decided. The rules of legislative bodies usually require
the consent of a greater number than a bare majority for
the suspension of a rule. Where no rule exists, it is presumed general consent is necessary.
CHAPTER LXIX.
COMMITTEES-THEIR APPOINTMIENT AND REPORT; COMMITTEE OF THE WHOLE.
4 1. THE nature and general duties of committees in all
deliberative assemblies are similar to those of legislative
committees, which have been briefly described. (Chap.
XV.) The number of members constituting the several
standing committees of legislative bodies generally, is permanently fixed, either by usage, or by an express rule.
The number of a select committee is determined at the
time of its appointment. Such is usually the case in ordinary assemblies, in the appointment of all committees.
~ 2. In fixing upon the number of a committee, different
numbers are sometimes proposed by different members,
which are separately put to the question, beginning with
the highest. Sometimes the person moving the appointment of a committee, includes the number in his motion;
and a different number may be moved as an amendment of
the motion.
~ 3. The mode of selecting the members, is either by appointment by the presiding officer, by ballot, or by nomination and vote of the meeting. In legislative assemblies,
and others sitting for a considerable time, it is usually provided by a standing rule, that, unless specially ordered
otherwise, all committees shall be name.d' by the chair.




Chap. LXIX.]   PARLIAMENTARY RULES.                263
~ 4. In appointing a committee to which a subject is to
be referred, the committee ought to be so constituted that
a majority of its members shall be favorable to the pros
posed measure; the mover and seconder being usually of
course appointed. The object of referring or committing
a bill or other paler, is to make it acceptable to the assembly; but a committee opposed to it would totally destroy it. And when a member who is against a measure,
hears himself named as one of the committee, he ought to
ask to be excused.  Persons, however, who take exceptions to some particulars in the bill, or other paper, may,
and perhaps ought, to constitute at least a part of the cornnittee.
~ 5. The members of a committee have the right to appoint their chairman; but as a matter of courtesy, the person first named on a committee is usually permitted to act
as chairman, who presides over it, and reports its proceedings to the assembly.
~ 6. The order in which committees are to consider and
amend papers referred to them, is substantially the same
as that practiced by the assembly. (Chap. LXVII.) It is,
however, less strictly observed; nor, indeed, does the same
strictness in comm'tee seem to be necessary.
~ 7. When a paper is referred to a committee, they may
not erase, interline, or disfigure it; but they must, in a
separate paper, set down the amendments they have agreed
to report, stating' the words to be inserted or omitted, and
where, by reference to the paragraph, line, and word. Or,
if the amendments are numerous, they may be reported in
the form of a new draft.
~ 8. When a committee have agreed on a report, it is
moved by some member, and voted, that the chairman, or
some other member, make their report to the assembly.
~ 9. In making a report, the chairman of the committee,
standing in his place, informs the house, that the committee
to whom was referred such a bill, or subject, have according to order, had the same under consideration, and have
directed him to report the same without amendment, or with
sundry amendments, (as the case may be,) which he is
ready to do when it shall please the house to receive it; and
he or any other mernber may then move that the report be
now received.




264                CITIZEN'S MANUAL.          LChap. LXIX
~ 10. If, however, no objection is made, the report is received without the formality of a motion and vote.. So also
the reading of a report by the chairman, and again by the
clerk, as required by the rule, is usually dispensed with,
until it is taken up for consideration. The printing of reports in legislative bodies, generally renders the reading
unnecessary.
~ 11. When the report of a committee is received, the
committee is dissolved, and can act no more without a new
power. But it may be revived, and the same matter recommitted to them; which, however, is not done, except in important cases, and for special reasons. If a report is not
received, the committee is not discharged, but may be ordered to sit again. The first part of this section applies only,
to committees in ordinary public meetings, and to legislative select committees. Standing committees in a legislature
continue during the session, and are not subject to be dissolved and revived.
~ 12. The report of a committee, when taken up for consideration, may be amlended, and otherwise acted on, as
other propositions. Auld when it is to be disposed of by a
final vote, the question is stated to be on its adoption; and,
if adopted, the whole report becomes the statement, resolution, or act of the assembly. It is thetpractice, at least to
some extent, in ordinary public meetings and conventions,
on receiving a committee's report, and before it is taken up
for consideration, to take the question on its acceptance, as
a formal discharge of the committee.
~ 13. All legislative bodies sometimes act as a coammitte
of the whole; and while sitting as such they are not called
by their usual name, as the senate, or the house, but are
addressed or spoken of as the conmmittee. And the presiding
officer is not called speaker or president, but chairman.
(Chapter XV, ~ 9.)  Ordinary meetings or conventions do
not at any time assume the name of committee of the whole;
nor do they, in form, resolve themselves into such committee; yet, in many of their proceedings, they are allowed the
same freedom as is usually enjoyed by a legislative committee of the whole.
~ 14. The form of going from the house into committee
of the whole, is for the presiding officer, on motion made
and seconded, to put the question, that the house, or the




Chap. LXIX.      PArLIAMENTARY RULES.;265
senate, do now resolve itself into a committee of the whole,
to take under consideration such a matter, naming it. If
the question is determined in the affirmative, he leaves the
chair, naming some member to act as chairman, and takes
a seat elsewhere; and the person appointed chairman, takes
his seat at the clerk's table. In some legislative bodies, he
takes the cha~r of the presiding officer. 
~ 15. Matters of great concern are usually referred to a
committee of the whole house. In committee of the whole,
the executive message is discussed, and. the several sub'
jects embraced in it are arranged and prepared to be referred to the appropriate standing committees, and to select committees, if any. need to be appointed. Important
bills reported to the house, are also referred to such coin.
mittee to be considered and amended before they are finally
disposed of by the house. One object of instituting a colnmittee of the whole, is to afford greater freedom of discussion. The sense of the whole can be better taken in committee, where every one speaks as often as he pleases, provided he can obtain the floor.
~ 16. A committee of the whole' can not adjourn as others
may; therefore, if their business is unfinished at a sitting,
some member moves that the~ committee rise, report progress, and ask leave to sit again. If the motion prevails,
the chairman rises, and the presiding officer resumes the
chair; and the chairman of the committee then informs
him, that the committee of the whole have, according to order, had under their consideration such a matter, and have
made some progress therein; but not having time to go
through with the same, have directed their chairman to
ask leave to sit again. Whereupon the question is put on
their having leave, and sometimes also on the time when
the Iouse will again resolve itself into a committee.
~ 17. No previous question can be put in a committee of
the whole; if, therefore, it is desired to stop or prevent debate, a motion may be made that the committee rise.
~ 18. If a committee of the whole have gone through
with the matter referred to them, a member moves that the
committee rise, and that the chairman report ti eir proceedings to the house; which being resolved, the chairman
rises, the pikesiding officer resumes the chair, the chairman
informs him that the committke have gone through with
12




2%6              CT11 (ZEN'S MANUAL.       [Chap. LXXi
the business referred to them, and state what has been
done by the committee. The question is then taken on
agreeing to the report nf the committee, unless postponed
or laid on the table by a vote of the house.
CHAPTER  LXX.
ORDER IN DEBATE.
~ 1. WHEN the presiding officer is in the chair, every
member is to be seated. The person occupying the chair,
may not speak on the question in debate; but he may
speak to matters of order, and be first heard; and he mayv,
by leave of the assembly, state matters of fact for their information. He may also address the assembly when his
decision on a question of order is appealed from. And
when he rises to speak; any member standing ought to sit
down; but a presiding officer may not interrupt a member
who has the floor.
~ 2. When a person means to speak, he must stand in his
place, and address the chairman. The manner of obtaining the floor, has been described. (Chap. LXV, ~ 4, 5.)
A person speaking, should not mention a member present
by his name, but describe him as him who last spoke, or
on the other side of the question, or in some other way; or,
as is common in legislative bodies, to designate another,
as the gentleman from -:, naming the town, county, or
district which he represents.
~ 3. If a member, before he has concluded his speech,
gives up the floor for any purpose, he loses his right to it,
even though it is yielded on condition that he shall have it
again, or though it was given up to another only for an
explanation. As a matter of favor, however, the person
yielding the floor, is usually permitted to resume it.
~ 4. A person is not to use indecent language against
the proceedings, or reflect upon any prior act or determination of the assembly, unless he means to conclude with a
motion to iescind such determination. But reflections upoh
a proposition while under eonsideration, though it has even




Chap. LXX.]     PARLIAMENTARY RULES.              267
been reported by a committee, are no reflections on the assembly.
~ 5. No member may digress from his subject, and fall
upon another member, and speak reviling or unmanly words
of or to him. He may reprobate the nature or consequences
of a measure in strong terms; but to arraign the motives
of those who propose or advocate it, is a personality, and
against order.
~ 6. A person speaking must confine himself to the question, and not speak impertinently, or beside the subject. So
closely is this rule to be observed, that if at any time a secondary or an incidental question arises, as on an amendment, or a postponement, the person speaking must confine
his remarks to the particular question then before the assembly, and not speak to the main question.
~ 7. When a member speaks irrelevantly, or beside the
question, he may be interrupted by the chairman, or called
to order by a member; and the question may be made,
whether he shall be allowed to proceed in the manner in
which he was speaking when interrupted. If no question
is made, or if one is made and decided in the negative, he
is still to-be allowed to proceed in order; that is, keeping
to the particular subject before the assembly.
~ 8. No member may, without the general consent of the
assembly, speak more than once to the same question, until
all who desire to speak have spoken. He may then speak
a second time by leave of the assembly. This is the general rule, and is to be observed where no special rule provides otherwise. But those who have spoken on the main
question, may speak again on secondary or incidental questions arising in the course of debate. And if a subject upon
which a member has spoken is referred to a committee, he
may speak again on the question presented by the report
of the committee. In meetings other than legislative assemblies, greater freedom is allowed.
~ 9. A member may also be permitted to speak a second
time to clear a matter of fact; or merely to explain himself in some material part of his speech, or to the orders of
the assembly; keeping himself to that matter only. But
he can not interrupt another who is speaking, in order to
make the explanation.
~ 10. No member is to disturb another in his speech, by
hissing, conghing, speaking, or whispering; nor by passing




268              CITIZEN'S MANUAL.          [Chap. LXX.
between the member speaking and the chair, or by walking across the room'; nor by any other disorderly behavior.
But if a member finds that the assembly are not inclined to
hear him, and that by conversation or any other noise they
endeavor to drown his voice, it is the most prudent way to
submit to the pleasure of the house, and to sit down; for it
seldom happens, that members are guilty of this piece of
ill manners without some reason; or that they are so inattentive to one who says anything worth their hearing.
~ 11. If repeated calls do not produce order, the chairman may call by his name any member obstinately persisting in irregularity; whereupon the assembly may require
him to withdraw. He is then to be heard in exculpation,
and to withdraw. Then the chairman states the offense
committed, and the assembly considers the kind and degree
of punishment to be inflicted.
~ 12. If a member uses disorderly, offensive, or insulting
words, he is interrupted by another member or by several
members rising and calling him to order. The member complaining of the words and desiring them to be taken down
by the clerk, must repeat them; and the chairman may then
direct the clerk to take them down in his minutes. But if
he thinks them not disorderly, he delays the direction. If
the call becomes pretty general, he orders the clerk to take
them down as stated by the objecting member. They are
then part of his minutes, and, when read to the offending
member, he may deny that they were his words, and the
assembly must then decide by a question whether they were
his words or not: and the words, as'written down, mav be
amended so as to conform to what the assembly thinks them
to be.
~ 13. Then the member may either justify the words, or
explain the sense in which he used them, or apologize. If
the assembly is satisfied, no farther proceeding is necessary
But if two members still insist on taking the sense of the
assembly, the member must withdraw before that question
is stated, and then the sense of the assembly is to be taken
If the offending member is allowed to conclude his speech;
and any other member speaks, or other business intervenes,
after offensive words are spoken, they can not be taken no
tice of for censure. This is for the common securit y of ail,
and to prevent mistakes, which are likely to happen, if
words are not taken down immediately.




Chap LXXI.]      PARLIAMENTARY RULES.                 269
CHAPTER LXXI.
TAKING  THE QUESTION; MANNER  OF VOTING; RECONSIDERATION.
~ 1. WHEN the debate upon a question is ended, and the
final vote is to be taken, the presiding officer states the
question, and puts it, always first in the affirmative, in
words differing slightly in form  in different bodies; but
substantially as follows; Gentlemen, all of you who a're in
favor of-repeating, as nearly as may be, the words of the
question-say aye; and after the answer of ayes, All those
who are opposed, say no.
~ 2. The presiding officer then, judging by the sound
which voice is the greater, declares to the assembly that
the ayes have it, or the fnoes have it, as the case may be; or, as
in some assemblies, it is carried, or, it is lost. If he is doubtful as to the majority, he may put the question a second
time before declaring the result. If he is still unable to
decide, or, having decided, if any memb.er is not satisfied
with the decision, the presiding officer directs the assembly
to divide, that the members on each side may be counted.
~ 3. In some places, the members vote by holding up their
right hands. Such is said to be still the practice in legislative bodies in the New England states.
~ 4. The most convenient mode of dividing a house, is to
direct the members to rise, first those in the affirmative, and
then those in the negative, and be counted.  Every member
present when the question is stated, is, according to the
general rule, required. to vote; and, on the other hand, none
can vote who was not then in the room.
~ 5. Another form  of taking the question, is by taking
the yeas and nays. This mode is practiced in legislative
bodies in this country. The form of stating a question to
be thus taken, is, All who are in favor of, &c., will, when their
names are called, answer ins the affirmative; and, All those who are
opposed, will, when their ranaes are called, answer in the negative.
The roll is then galled in alphabetical order, by the clerk,
who notes the answer of each member, yes or no. The
yeas and nays are then counted, and the result is declared.




2'0               CITIZEN'S MANUIAL.       [Chap. LXXI.
~ 6. Except on the final passage of a bill, questions generally are not taken in this manner, unless called for by
members, -who, for certain reasons, desire to have the yeas
and nays entere d on the journal. The constitution of the
state declares what number of members shall request the
yeas and nays, in order to require them to be taken.  The
constitutions of some states, require the yeas and nays on
the final passage of all bills and resolutions.
~ 7. According to -the strict rule of parliament, a question
once put and decided, can not be brought up again at the
same session, but must stand as the judgment of the house.
This rule prevails in this country also, but with a modification which has often been found useful in relieving an assembly from great inconvenience and difficulty otherwise
unavoidable.
~ 8. When a question has been decided in the affirmative
or negative, it is in order to move that the vote be reconsidered. If such motion prevails, the matter is restored to the
state in which it stood before the vote reconsidered was
taken. In many legislative bodies, there is a special rule,
providing that a motion to reconsider may be made only on
the same or the next day, and by a member who voted with
the majority. But this rule, like other special rules, is bind.
ing only where it has been expressly adopted.




SU;PPLEMENTARY Nt'TES.            271
SUPPLEMENTARY NOTES.
* * The following Notes are supplementary to the Chapters and
sections of the same numbers in the body of the work.
CHAPTER XX VI.
~ 6. Persons only who are househulders are entitled to
the benefits of the homestead exemption. The laws of different states, though not uniform in every particular, generally secure to the head of a fam ily, and after his decease, to his wife and children, a lot of land and buildings
thereon, not exceeding a certain amount in value, to be occupied as a residence or homestead. The following named
states have enacted laws of this kind, exempting from execution such property to the amount of the.sums annexed
to the names of the states respectively:
Maine, $500; New Hampshire, $500; Vermont, $500;
Massachusetts, $800; New York, $1,000; New  Jersey,
$500; South Carolina, $500; Florida, a farm of 40 acres,
of which ten are cultivated; land and improvements not
to exceed in value $200; Alabama, homestead with 40
acres of land, not exceeding in value $500; Mississippi,
160 acres and buildings, not in any city, town, or village;
or, in a city, town, or village, land worth $1500 exclusive
of buildings and improvements; Texas, 200 acres not in a
town or city, or any town or city lots to the value of
$2,000; Arkansas, 160 acres, or one town or city lot;
Tennessee, homestead, $500; Ohio, $500; Michigan, 40
acres, not within a town-plat, city, or village, or a lot in
a town, city, or village, $1,500; Illdiana, real or personal
property, or both, $300; Illinois, lot and buildings, $1;000;
Iowa, farm of 40 acres, the buildings not to be in a city,
town, or village; or one-fourth of an acre in a town, city,
or village; Wisconsin, same as Iowa; Minnesota, $1,000;
California, $5,000.
In Georgia, it was enacted, that, on contracts made after
May, 1, 1842, 20 acres, and for each child under fifteen




272               CITIZEN'S MANUAL.
years, five acres additional, were exempted; provided no
part of it was the site of a city, town, village, mill or fac.
tory; the 20 acres to include the dwelling-house and improvements of the original tract; the value of the house
and improvements not to exceed in value $200 —the same
being extended to cities, towns, and villages. By a later
act, 50 acres were exempted on contracts made after Janu.
ary 1, 1844; the land being liable, however, for the purchase money, which is probably the case in all the states.
CHAPTER XXXVI.
~ 6. The necessity of giving to congress complete and,exclusive power at the seat of government, is shown by a
certain occurrence near the close of the revolutionary war,
which probably suggested the incorporation of this provision in the constitution. At the time alluded to, the old
congress, then sitting at Philadelphia, was surrounded and
insulted by a small body of mutineers of the continental
army. The executive authority of Pennsylvania, (then
vested in a council of thirteen members,) wanting the requisite energy and courage, failed to afford protection;
and congress removed to Princeton, in the state of New
Jersey. After having remained there for some time undisturbed, they adjourned, for the sake of greater convenience,
to Annapolis, in Maryland. It is hence evident, that the
members of the general government ought not to be dependent upon a state for protection in the discharge of
their duties.
The establishment of a permanent seat of government,
after the treaty of peace with Great Britain, received the
early attention of congress. In October, 1783, it was resolved, that buildings for the use of congress should be
erected on the banks of the Delaware. A few days later
it was resolved, that buildings for a similar purpose should
be erected on the Potomac, with the view of reconciling
the conflicting wishes of the northern and southern states,
by establishing two seats of government. In December,
1184, it was further resolved, that a district should be purchased on the banks of the Delaware for a federal town;
and that contracts should be made for erecting a house
for the use of congress and the executive officers, and suit



TSUPPLEMENTARY NOTES.              273
able buildings for the residence of the president and the
secretaries of the several departments. But the approp.riation of the necessary funds for these purposes, requiring
the assent of nine states, was prevented by the southern
interest. In 1790, a compromise was made, by which the
friends of Philadelphia, in consideration of having the seat
of government at that city during ten years, the time estimated to be necessary to erect the public buildings, agreed
that the seat of government should be permanently fixed
on the Potomac.
CHAPTER XLI.
~ 6. By more recent acts of congress, the bounty of the
government has been largely extended. In 1850, a " military bounty land bill" was passed, granting lands to the
surviving soldiers, and to the widows or minor children of
deceased soldiers, who served in the war of 1812, or in
any of the Indian wars since 1790, and to the commissioned
officers who served in the late war with Mexico, as follows:
To those who engaged for twelve months, or during the
war, and actually served nine months, 160 acres; to those
who' engaged for six months and served four months, 80
acres; and to those who served one month, 40 acres. Those
honorably discharged in consequence of disability in the
service before the expiration of their period of service,
were to receive the same as if they had served- out their
terms. In 1852, the benefits of the act of 1850 were extended to state troops whose service had been paid for by
the United States subsequent to the 18th of June, 1812;
and by the act of 1855, persons having served in the navy
were included; moreover, all who had served for ally
period, in the militia or the navy, were to be allowed 160
acres; and those who had received, under former acts, a
less quantity, were to receive in addition enough to make,
in the whole, 160 acres. Wagon-masters and teamsters
employed by competent authority, were entitled to the same
compensation.
~ 10. Postmasters whose commissions amount to $1,000
or more a year, are appointed by the president, by consent
of the senate.  The:Iumber of post-offices in the United
States and territories, is about 30,000. From the report
12*




214                CIT, ZEN'S MANUAL.
of the postmaster-general in 1857, it appears that the aggregate length of mail routes was 242,600 miles; that the
mails were transported 74,906,067 miles, at a cost of
$6,622,046. The gross revenue from all sources, including
receipts from letter carriers and foreign postages, together
with $700,000 paid by the government for the transportation and delivery of matter franked by public officers,
$8,053,951.. The compensation to postmasters, $2,285,609;
transportation, including foreign mails, $7,239,333; together with other expenses, make the total expenditures,
$11,508,058.
~ 12. The transportation of the matter franked by the officers of the government, is paid for out of the public
treasury, and the amount is included in the receipts of the
post-office department.
The present rates of inland postage are, on every letter
or package, not exceeding half an ounce in weight, sent
not more than 3,000 miles, three cents; over 3,000 miles, ten
cents. Each additional half ounce, or fraction of half an
ounce, is charged with an additional single postage. No
letters sent unless the postage is prepaid. Drop letters,
one cent each.  On newspapers, periodicals, unsealed circulars, or other article of printed matter. sent to any part
of the United States, weighing not over three ounces, one
cent; and one cent for each additional ounce.
Newspapers and periodicals, weighing not more than one
ounce and a half, and not sent out of the state where published, are charged half a cent.
Small newspapers published monthly or oftener, and.
pamphlets containing not more than sixteen octavo pages,
sent in single packages, to one address,. and prepaid by
postage stamps, when weighing at least eight ounces, four
cents, and for each additional ounce, half a cent.
Books, bound or unbound, weighing not over four pounds,
any distance not over 3,000 miles, prepaid, one cent for each
ounce; over 3,000, two cents an ounce. If not paid in advance, fifty per cent. additional is charged.
Weekly newspapers only, sent to subscribers within the
county, free.
Newspapers and periodicals sent from the office of publication to actual subscribers, and paid quarterly in advance, are charge4doQe-alf the above rates. Quarterly pay



&BIPPLEMENTABY NOTES.              275
merits in advance may be made either at the mailing office
or at the office of delivery.
Transient matter, if not prepaid at the mailing offie, is
charged double the above rates.
Small newspapers, &c., when sent in packages of less
thanf eight ounces, are rated singly.
All printed matter in covers or wrappers, must be open
at the ends or sides, so that its character may be deterrined without opening the same.
Publishers of newspapers and periodicals may send to
each other one copy of their respective publications, free of
postage. Postmasters are not entitled to receive newspapers free of postage under their franking privilege.
The commissions of postmasters on the moneys received
for postage, are as follows: On the first $100, sixty per
cent.; on the next $300, fifty per cent.; on the next $2000,
forty per cent.; on al; over $2,400, fifteen per cent. On
newspaper postages, fifty per cent. on all sums, large or
small. On every free letter delivered by the postmaster,
(except his own,) one cent. Stamped letters are considered
as paid in cash. But no postmaster is entitled  to retain
more than $500 per quarter; and the surplus over $2,000 a
year received in commissions by any postmaster, after deducting the expenses of the office, is to be paid to the postmatsler-general. Also all that is received over $2,000 for
boxes and pigeon holes, and for the delivery of letters in the
city, or. for keeping a branch post-office, is paid to the postmaster-general; so that no postmaster may receive for his
services more than $4,000 a year.
CHAPTER XLVJ
~ 1. In Ohio, Indiana, and Michiglan, the age of consent
has been raised to eighteen years in'males, and fourteen in
females; in Illinois to seventeen and fourteen; in Wisconlsin to eighteen and fifteen. All the states do not specify
the degree of relationship at which marriages are forbidden; and those that do, are not uniform. Some states
have forbidden marriages which come within what are
called the Levitical deg'rees; but these degrees have received different intprp~etationms  In England particularly,




2 76 0ITIZEN'S AANTAL.
the prohibition to marry within the Levitical degrees is
said to rest on the ecclesiastical or canon law. These degrees, as interpreted by this law, not only forbid, all marriages between relations in the ascending and descending
lines, but between those in the collateral line to more distant degrees than is done in most of our states. The relation of uncle and niece, and of aunt and nephew, come
within this rule.
Nor does the common and canon law make any distinction between connections by consanguinity and connections
by affinity; that is, relations by blood and relations by
marriage. This would hold it as unlawful for a man to
marry a deceased wife's sister as his own sister, or to marry a deceased brother's wife. It is contended, however, by
many, that the Levitical law does not include such cases;
by others, that it is not binding as a municipal regulation.
By the statutes of New York, only marriages between relations in the ascending and descending lines, and between
brothers and sisters of the half as well as whole blood, are
declared to be incestuous and void.  In Ohio, marriages
between persons nearer of kin than first cousins are unlawful.
~ 2. In Massachusetts, seven years of willful absence of
either party exempts the other from liability to the penalty
of the law for a second marriage. If one party has been
absent a year or more, and is believed to be dead, the other
does not incur the penalty by a second marriage. In Ohio,
in case of three years' willful and continual absence of one
of the parties, the penalty would not attach to a second
marriage of the other. In New York, five years' absence
of one party not known by the' other to be living during
that time, or being sentenced to imprisonment for life,
would excuse from the penalty. But such second marriages, though excusable, would not be lawful. The first
marriage contract would still be binding.
~ 3. To prevent the evils of clandestine and other improper marriages, the laws of Maline, New Hampshire, and
Connecticut, require the publication of bans before marriage; which is a notice of a marriage contract proclaimed
in a church or other public place; the object of which is,
that any person may object, if he knows any good reason
why the marriage should not take place. In Ohlio, either




SUPPLEMENTARY NOTES.             271
such notice must be published on two successive days of
public worship, or license must be obtained from the clerk
of the county court, who must previously ascertain whether
there is any legal impediment to the marriage. In Virginia, Indiana, and Wisconsin, a similar license is required.
Like regulations exist in several other states; and in case
of non-compliance with them, marriages have, in some
states, been adjudged to be void. In Massachusetts it is
only necessary to have a notice of the intended marriage
registered by the clerk of the town.
~ 6. In the following named states, the property, real and
personal, of a wife owned by her before marriage, and lawfully conveyed to her by any other person than her husband after marriage, is declared to be her own, and not
liable for the debts of her husband: Maine, New Hampshire, Massachusetts, Rhode Island; Connecticut, New
York, Pennsylvania, Maryland, Virginia, North Carolina,
Florida, Alabama, Mississippi, Louisiana, Texas, Arkansas, Tennessee, Kentucky, Ohio, Michigan, Indiana, Iowa,
and California. In Connecticut, the husband is entitled to
the rents and profits of the wife's personal estate acquired
by bequest or inheritance, but they are not liable for his
debts. In Alabama, although the wife's property is not
liable for the husband's debts, he has the control of it, as
trustee of the wife, and is not liable to account to her for
the proceeds. Also in California and Iowa, the control and
management, and the rents and profits, remain with the
husband. In several of the above named states, the husband must join with the wife in conveying real estate. In
Florida and California, the wife's property must be inventoried and recorded. In Missouri, the property is not liable
for debts of the husband contracted before marriage, or before the wife became possessed of the property. In Minnesota, the property of the wife acquired before marriage,
is not liable during marriage for the husband's debts. In
the states of Vermont, New Jersey, Delaware, South Carolina, Georgia, and Illinois, laws similar to the above have
not, unless very recently, been passed.
~ 7. Some of those states which have abolished the common law riglt of the husband to the property of the wife
acquired before marriage, have also abolished the common
law obligation of the husband to pay the debts of the wife




278               CITIZEN'S MANUAL.
contracted before marriage. The wife's property alone is
liable for such debts. The states in which such laws have
been enacted, are, Massachusetts, Florida, Louisiana, Ken-.
tucky, California, ~and perhaps some others. In Indiana,
the wife's property is first liable.
~ 8. In Pennsylvania and Alabama, the wife and husband
become jointly liable for necessaries for the use and support of the family. In the former state, execution issues
first against the property of the husband, and if none is
found, then against the property of the wife. In Kentucky
the wife is liable for debts by her and her husband jointly
created in writing, for necessaries furnished any member
of the family.
CHAPTER XLVII.
~ 6. The laws of Rhode Island, New Jersey, North Carolina, South Carolina, Tennessee, Louisiana, and Alabama,
are exceptions to the rule which gives equal shares to descendants if they are all of equal degree of consanguinity to
the.ancestor.  In these states, though the children of the
intestate are all dead, the grandchildren do not take equal
shares; but those of each stock, or family, take the portion
which their parent would have taken, if living.
~ 7. The real estate of intestates dying without lawful descezdants, descends in the different states, according to the
following rules:
In Maine, to the father; but if the estate came to the
intestate on the part of the mother, then to her and her kindred; otherwise the mother shares equally with the brothers and& sisters. If there is no widow, father, or brother
or sister, the mother takes the whole. In New Harmpshire
the law is nearly the same as in Maine.
In Vermont the estate goes to the father; but as the
dower of the widow in this estate, if there are no children,
is increased to one-half of' the estate, the father takes but
the other half. [It will be remembered, that a widow is,
at common law, endowed of one-third part of all the real
estate of her husband, of which she can not be deprived,
even by his last will and testament. Hence, in speaking
of the descent of an estate, only two-thirds are meant, ex
cept when a different portion is expressly mentioned.]  Tn




SUPPLEMENTARY NOTES.                279
this state the mother takes equally with the brothers of the
intestate. If there is no widow, father, or brothers and
sisters, the mother has the whole estate.
In Massachusetts, the father, if there is one, always takes
the estate; if none,"it goes to the brothers and sisters, the
mother sharing as one of them. If there is no brother or
sister living, the estate goes to the mother in exclusion of
the issue of deceased brothers or sisters.
In Rhode Island, the same as in Maine, when the estate
came by the mother; otherwise to the father, if there is one;
if not, to the brothers and sisters of the intestate; if none,
nor father, then to the mother.
In Connecticut, the estate goes to the brothers and sisters
of the whole blood; but if none, to the father and mother
equally; or if but one of the parents is living, then the whole
to that parent.  Parents are preferred to half blood brothers
and sisters. If the estate came by gift, devise, or descent,
it passes to the kindred of the blood of the ancestor from
whom it came.
In New York, to the father; but if the estate came by the
mother, and there are brothers and sisters or their descendants, she takes an estate for life only; and if there are no
brothers or sisters, or their issue, nor a father, the mother
takes the inheritance in fee. [For definition of fee, see
Chapter L, ~ 1.]
In New Jersey, brothers and sisters take in preference to
parents; but if there are no brothers and sisters nor their
issue, the father takes the estate in fee-simple; and if no
father, the mother takes the estate for life; and after her
death, it goes to the brothers and sisters of the half blood. If
it came by devise, descent, or gift, it passes in all cases to
the kindred of the blood of the ancestor from whom it came.
In Pennsylvania, the father and mother take jointly for
life, and for the life of the survivor, if there is a brother or
sister, or their issue of the whole blood; if none, the estate
descends in fee to the father and mother, or to the survivor,
if both are not living.
In Delaware, brothers and sisters take before parents;
but in default of brothers and sisters, the estate goes to the
next of kindred of the intestate who are in equal degree,
meaning, probably, the parents, if living.
In Maryland, the father inherits; if there is no father, the




280                CITIZEN'S MANUAL.
brothers and sisters of the blood of the father and their doe
scendants take the estate; but if none, then the grandfather
and his descendants; and if that line fails, the estate goes in
like manner to the mother and her descendants and maternal
ancestors. If the estate came by descent from the mother,
it goes to the mother or her kindred.
In Virginia, the father succeeds; if no father, the mother
shares equally with the brothers and sisters and their descendants. If the estate came to the intestate by his mother,
it goes to the mother, or her kindred.
In North Carolina, to the brothers and sisters; if none,
the parents, or the survivor of them, take for life. If the
estate came by gift, devise, or descent, it always goes to
the kindred of the blood of the ancestor from whom it came.
In South Carolina, if there is no widow, the father, or if
dead, the mother takes the estate with the brothers and sisters in equal shares.
In Georgia, the widow takes the whole estate; if no
widow, the father takes the whole; if no father, the mother
takes equally with the brothers and sisters.
In Alabama, the brothers and sisters; if there are none,
the father; and if none, the mother takes the estate.
In Mississippi, the brothers and sisters are preferred to
the parents; but if there are no brothers and sisters or
their issue, the father, or if none, the mother, takes the
estate in fee.
In Louisiana, one-half goes equally to the father and
mother, and the other half to the brothers and sisters or
their issue. If only one parent survives, that parent takes
only one-fourth; if neither, the brothers and sisters take
the whole.
In Kentucky, the father takes the estate; if no father,
the mother shares equally with the brothers and sisters and
their descendants. If the estate came by the mother, it goes
to her or her kindred.
In Tennessee, the wholegoes to the brothers and sisters;
if none, to the father in fee, if living; and if not, then to
the mother for life, and then to the heirs on the. part of the
father; but if there are none, then to the heirs on the part
of the mother. If the estate was not acquired by the intestate, and there are no brothers and sisters, it goes in fee to
the parent from whoml it was derived. If the land was ac



SUPPLEMENTARY NOTES.                281
quired by descent from the father, and there' is no brother
or sister, it goes to the uncles and aunts on the father's side.
In Ohio, the estate passes to the brothers and sisters of
the whole blood and their representatives; and if there are
none of the whole blood, to those of the half-blood; if none,
then to the father; if he is dead, to the mother. If the estate was not acquired by the intestate, it goes to the brothers and sisters of the blood of the ancestor from whom it
came, whether of the whole or half blood; but if there are
none, and if it came by gift from an ancestor who is living,
it goes back to him; but if he is dead, it passes to his
children if he has any; if not, then to his brothers and sisters or their representatives; but if such ancestor has none,
then to the brothers and sisters of the intestate of the half
blood and their representatives, though not of the blood of
the ancestor. If all these fail, then to the next of kin to the
intestate of the blood of the ancestor.
In Indiana, the father, or if dead, the mother, takes half
of the estate, and the other half goes to the brothers and
sisters of the intestate; if no parents, the whole to the
brothers and sisters; but if none of these are living, the.father, or if dead, the mother takes the whole. If there are
brothers arid sisters and no father, the estate is divided
among the mother and brothers and sisters, the mother taking two shares.
In Illinois, half of the estate goes to thle widow, and the
residue, or if there is no widow, the whole, goes in equal
parts to the parents, brothers and sisters, and their descendants; and if only one of the parents is living, that parent
takes, as survivor, a double portion. If there is neither
widow, nor parents, nor brothers or sisters, or their descendants, it goes to the next of kin of the intestate.
In Missouri, the parents take equally with the brothers
and sisters of the intestate.
In New Hampshire, Vermont,, and North Carolina, uncles
and aunts take equally with nephews and nieces, as being
equal of kin. But as the statutes of the other states which
have been mentioned ia thc foregoing notes to this chapter,
place the brothers and sisters and their descendants, or childre a
before any distinct branch of the grandparents' stock, it is
presumed that in all these states nephews and nieces take
in exclusion of uncles and aunts.




282               CITIZEN'S MANUAL
In Wisconsin, the estate goes to the widow during her
natural life, and then to the father; or, if there is no widow,
the estate goes to the father. If there is no widow nor
father, the brothers and sisters take the estate, the mother,
if any, taking an equal share with them. If there is neither
widow, nor father nor brothers or sisters, the mother takes
the estate,' to the exclusion, if any, of deceased brothers and
sisters' children.  In default of widow, father, mother,
brothers and sisters, the estate descends to his next of kin
in equal degree. If there is a widow and no kindred, the
widow takes. the estate.
In Iowa, one-half of the estate, (including the dower of
the widow,) goes to the father of the intestate, and the other
half to the widow; and if there is no widow, the whole
goes to the father. If there is neither father nor widow,
the estate goes to his kindred, in the same manner as if he
had died in possession of the'estate. If there are no heirs
in the male line, nor widow, the whole goes to the mother
and her kindred. If there are no father nor mother nor
their kindred, and there is a widow, the estate goes to the
widow; and if there is no widow, then to her heirs, if she
has any; if none, the property escheats to the state.
A more full description of the order of descent can not
well be here given. A few of the new states are not includ
ed in the list enumerated; and it is not improbable that
some changes have recently been made in the law of descent
in some of those which have been mentioned.  The manner
of descent of personal estate differs in many, if not most of
the states, from that of real estate; and for information on
the subject,- reference must be had to the statutes of the
states. In relation to the participation of widows in the
personal property of their deceased husbands in some of the
states, something may be found in the notes to Chapter
XLVIII, ~ 9, relating to dower.
~ 8, 10. Wills must be subscribed either by the testator,
or by some other person in his presence, and by his express
direction. Three witnesses to a will are required in the
six New England states, and in Maryland, South Carolina,
Georgia, Florida, and Mississippi. In Mississippi, a will
wholly written by the testator, and signed by him, need
not be attested by any witness. In Missouri, wills must be
recorded within thirty days after probate. In Louisiana,




SUPPLEMENTARY NOTES.             283
the regulations concerning the making cf wills are materially different from those of the other states.
Nuncupative wills are such as are made by the verbal
declaration of the testator, and depend merely on oral testimony for proof, though afterward reduced to writing.
The object of authorizing wills of this kind is to enable persons to direct the disposal of property in their last illness
under circumstances which do not admit of a compliance
with the usual forms. They are generally restricted in the
amount of property which may be bequeathed. Wills of
this kind may be made in the following states; Alabama,
for $500; Iowa, for $300; Wisconsin; Minnesota; Ohio.
In the, last mentioned state, personal estate only may be
bequeathed verbally; and the testamentary words must be
reduced to writing within ten days. Two or more witnesses
to nuncupative wills are necessary.
In Texas, a parent can not deprive his descendants by
will of more than one-fourth of his or her property.
CHAPTER  XLVIII.
~ 2. In Connecticut and Kentucky, the seal of the grantor is not required; nor in Alabama, if the maker acknowledges the execution before an officer. In nearly all the
southern and western states, and in New Jersey and Pennsylvania, a scroll, or circle of ink; made with a pen at the
end of a name, may be used as a substitute for a seal.
In most of the states deeds are to be subscribed by two
or more witnesses. In Maine, Texas, Indiana, and Iowa,
one is sufficient. As all conveyances of real estate must
be acknowledged bythe grantor, or proved, slch acknowledgment would seem to be sufficient proof of their execution; and the principal object of witnesses may be presumed to be to prove the execution of a deed in lite of an
acknowledgment; or, if an acknowledgment is taken, to
prove to the officer taking it, in case the grantor is not per.
sonally known to him, that the person offering to make the
acknowledgment, is the' person who executed the conveyance. Hence, in New York, Maryland, and Alabama, no
witness is necessary in case a deed is duly acknowledged.
In New York its execution may be proved by one witness;
and in New York, New Jersey, Pennsylvania, Alabama,




284                CITIZEN'S MIANUAL.
Mississippi, Texas, Indiana, Minnesota, California, and perhaps a few other states, it is expressly provided, that a
conveyance shall be either acknowledged by the party executing it, or proved by witnesses to have been executed in
their presence; implying that the acknowledgment may be
dispensed with.
~ 3. In Vermont, Rhode Island, Connecticut, and perhaps
one or two other states, deeds are recorded in the office of
the town clerk; in all the other states, in the office of a
county register or recorder.
~ 4. In the following named states, specified periods of
time are allowed for having deeds recorded, unless changes
in some of them have been recently made: North Carolina,
two years; Delaware, Tennessee, Georgia, and Indiana,
one year; Virginia and Kentucky, eight months; Pennsylvania, Maryland, South Carolina, Alabama, Illinois, and
Ohio, six months; Indiana, ninety days; Mississippi, three
months. In Ohio, no time is fixed for mortgages.  In
states in which no time is prescribed, the deed must be recorded in a reasonable time. Theire are perhaps a few
other states than -those above mentioned, in which a certain time is allowed for recording.
~ 9. To entitle a wife to dower, the husband must have
had a seizin of the land in severalty at some time during marriage; that is, he must have had possession alone, and not
jointly with another person, which is called, in law, joint
seizin. And the dower attaches whether it is a seizin in fact,
that is, having actual or corporal possession, or whether it
is a seizin in law, as where the law gives a title or ownership to a purchaser or an heir, but he has not yet entered
on the lands. Also if a person seized in fee makes a lease
for life, that is, for the life of the lessee, the wife of the
lessor is dowable of the land, and defeats the lease by a
paramount title. If, however, the lease'was made before
marriage, she is excluded from dower, unless the life estate
terminated during coverture, because, prior to the death of
the lessee, the husband was not seized of the immediate freehold. Nor does dower attach to lands mortgaged back to
the grantor, or to a third person, to secure the payment of
purchase money. In this case she is entitled to dower only
in the surplus proceeds after satisfying the mortgage.
Dower attaches to all real hereditaments, which include not
only lands and tenements, but the rents and profits thereof.




SUPI LEi1vENTARY NOTES.           285
At common law, which prevails in most of the states, the
widow is endowed during her life, of a third of all the real
estate of which her husband was seized at any time dmring
marriage, and of which she had not been -barred. But in
the states of Vermont, Connecticut, Tennessee, North Carolina, and Georgia, the title to dower has been restricted to
lands of which the husband was seized at the time of lis death;
consequently, a husband alone can convey the entire premises. In Georgia, however, lands having come to the husband by his intermarriage with his wife, are excepted; and
her dower in them can not be conveyed but by her own act.
In Maine, New Hampshire, and Massachusetts, wild lands
not connected with a cultivated farm *are not subject to
dower.
In Virginia, in addition to dower, the widow is entitled
absolutely to one-third of the personal estate after payment
of debts and charges, and for life to an estate in slaves.
This additional right is modified and'ncreased in case there
are no children by the marriage. In Florida, besides
dower, the widow, if there is no child or only one child,
takes one-half of the personal estate absolutely; if more
than one child, one-third absolutely, excepting slaves, in
which she takes a life estate.
In Arkansas, dower extends to personal estate also*; and
if there are no lineal descendants, the widow takes onehalf of both real and personal estate.
In Illinois, if there are no children and their descendants,
the widow has one-half of the real estate, and the whole of
the personal estate.
In Alabama, if there are no lineal descendants, the
widow is endowed of one-half of the lands if the estate is
solvent; if insolvent, of one-third. If there are lineal descendants, then one-third, whether the estate is insolvent or
not.
In Tennessee, if there are no heirs-at-law to inherit real
estate, and there is a widow, she takes the estate in fee,
subject to her husband's debts.
In Missouri, dower applies also to leasehold estate for the
term of twenty years or more. Besides dower, the widow
is entitled absolutely to implements of industry, household
goods, kitchen furniture, and to other personal property to
the value of $200; also, to a child's share of the persoonal




286               CITIZEN'S MANUAL.
estate absolutely; or, at her option, to one-third of the
slaves for life, and one-third of the other personal property
absolutely, subject to her husband's debts. If there are no
descendants, she takes absolutely all the real and personal
estate which came to the husband by the wife remaining
undisposed of, and one-half of the real and personal estate
belonging to the husband at the time of his death, subject
to his debts. If the Jusband leaves descendants, but not
by his last marriage, his widow may, in lieu of dower, take
the real and personal property- in his possession which
came to him in her right by means of the marriage, sub
ject to his debts.
In Louisiana, special provision is made for the widow oi
minor children of a deceased person left in necessitous cir
cumstances. If they do no possess in their own right pro
perty to the amount of $1,000, they may demand from the
succession of their deceased father or husband a sum suffi.
cient to make up that amount; the use of which the widow
has during her widowhood; and the money is then to go
to the descendants of the deceased.
In Maine, New  Hampshire, Vermont, Massachusetts,
Connecticut, Wisconsin, and perhaps Florida and Louisiana,
a private acknowledgment of the wife that she signed the
deed freely, is not required.
CHAPTER XLIX.
~ 7, 18, 19. The periods fixed by the statutes of the states
respectively in which a title to land may be acquired by
uninterrupted possession, are as follows:-Twenty-one
years in Pennsylvania and Ohio; twenty years in Maine,
New Hampshire, Massachusetts, New York, New Jersey,
Delaware, Indiana, Illinois, Iowa, Wisconsin, Minnesota;
fifteen years in Connecticut, Virginia, Kentucky; ten years
in South Carolina, Mississippi; seven years in North Carolina, Georgia, Florida; five years in California; ten years
in Louisiana, when the possessor has been in good faith,
and held by a just title, and thirty years without any title
on the part of the possessor, whether in good faith or not
In those states in which there is no express provision on
the subject, it is presumed the common law term prevails,
which is twenty years.




SUPPLEMENTARY NOTES.             28r
CHAPTER LI.
~ 16. The stat.tes of nearly all the states expressly provide, that, in the following cases, every agreement shall
be void, unless the same, or some note or memorandum
thereof, shall be in writing, and signed by the party to be
barged therewith, or by his authorized agent: (1.) The
3pecial promise of an executor or administrator to answer
damages out of his own estate; (2.) A special promise to
answer for the debt, default, or misdoing of another person;
(3.) Any agreement or promise upon consideration of marriage; (4.) Any contract for the sale of lands, or any interest in lands; (5.) Any agreement that is not to be performed within one year from the time of making it. Although the statutes of a few of the states omit, in their
enumeration, one or more of the above cases, it is presumed
that there is practically almost an entire uniformity in all
the states.
In New York, Wisconsin, Minnesota, and California, the
law requires that the written note or memorandum shall
express the consideration of the agreement.
Also in these states, together with Michigan and Ala.
bama, in the cases of agreements made in consideration of
marriage, mutual promisesto marry are excepted.
CHAPTER LII.
~ 6. The provisions of the English statute apply, in
Maine, New Jersey, Arkansas, Iowa, and Missouri, to cases
in which the price of the goods sold is $30 or more; in
New Hampshire,$33.o33; in Connecticut and Pennsylvania,
$35; in Vermont, $40; in Massachusetts, New York,
Michigan, Indiana, and Minnesota, $50; in Georgia, ~10
sterling; in Alabama and California, $200; in Florida,
sums of any amount. Not all the states have legislated onthe subject; in such the English statute -is presumed to
govern.
CHIAPTER  LIII.
~ 6. These conditional sales or assignments of personal
property, are commonly called tchattel mortgages; and to ren



288              CITIZEN'S MANUAL.
der them valid against other persons than the parties
thereto, when the mortgaged property remains in possession of the mortgager or assignor, they must be recorded
or filed, in the following states, in the town or county in
which the mortgager resides, or where the property is at
the time of executing the mortgage.
In Maine, Massachusetts, Rhode Island, and New HIampshire, they are recorded by the town clerk; and in New
Hampshire, the parties must swear that the mortgage waui
made to secure the payment of an honest debt; and the
affidavit also is to be recorded.
In Connecticut, mechanical implements or machinery in
a factory, or furniture in a dwelling, or hay in a building,
mortgaged with the realty on which they are situate, and
are particularly described in the mortgage, are held by the
mortgager as effectually as if they were a part of the real
estate, though he retains possession.
In New York, the mortgage is filed in the town clerk's
office; if in a shire town, then in the county clerk's office.
Chattel mortgages hold for a year only, unless renewed
within thirty days before the year expires.
In Maryland, ackmlnwledged before a justice, and sworn
todby the mortgager to be bona fide, and recorded within
twenty da-ys in the county records.
In North Carolina and South Carolina, recorded in the
county records, and in North Carolina, also proved.
In Georgia, proved by the affidcbvit of the subscribing
witness, and recorded by the clerk of the county court
within three months.
In Florida, acknowledged and recorded by the proper
county officer.
In Alabama and Mississippi, recorded in the county where
the grantor resides; and the property is; in Mississippi,
within three months.
In Texas, the mortgage must be proved by two or more
witnesses, or acknowledged, and recorded, as deeds of real
estate, in the county in which the mortgager lives.
In Tennessee, proved and recorded, as mortgages on
land.
In Kentucky, acknowledged and recorded as deeds,
In Ohio, to be deposited immediately with the county
recorder, if in a shire town; if not, then with the clerk of




SUPPLENIM INTARY NOTES.           289
the township in which the mortgager resides. Such record
is valid for a year only.
In Michigan, filed with the town clerk, and holds for one
year only, unless, within thirty days before the expiration
of the year, affidavit is made of the mortgagee's interest in
the mortgaged property.
In Indiana, proved or acknowledged, and recorded in the
county recorder's office within ten days.
In Illinois, acknowledged and recorded in the office of
the county recorder. The mortgage must expressly provide
for the possession of the property to remain with the mortgager. It is valid for two years.
In Missouri and Iowa, the mortgage must be acknowiedged and recorded as deeds of land; in Iowa, within ten
days.
In Wisconsin, a copy must be filed in the office of the
town clerk where the mortgager resides, or, if he does not
reside in the state, in the town where the property is at the
time of executing the mortgage.
In Minnesota, a copy is filed in the office of the county
register of deeds; or, if the mortgager is a non-resident of
the territory, in the office of the register of the county ill
which the property is at the time of executing the mortgage.
In California, no mortgage of personal property is valid
against other persons than the parties thereto, unless the
mortgagee takes the property into his possession.
In those states in which there is no special law on the
subject, the question of the validity of a chattel mortgage
against third persons, when the property remains with the
mortgager, is attended with uncertainty, depending upon,
the confli ting decisions of the courts.
CHAPTER LIV.
~ 11. Special laws have been passed in nearly all the
states for the security of persons performing labor in the
construction or repair of buildings, machinery, vessels, &c..
and for furnishing materials for the same. They are called
mechanics' lien laws. They give to contractors and masterbuilders a lien upon the structures, and upon the lots ats
tached to them, until their claims shall be satisfied.  The
laws of the different states differ much in their details
13




290                CITIZENTS MANUAL.
The several periods for which these liens continue, vary
from thirty days to several years, at-the expiration of which
period they cease, unless proceedings are commenced for
enforcing them; which is done by attaching the property,
or by bringing a suit, or by applying to the proper courts
for authority to sell the property, as'the one or the other
mode of proceeding is prescribed by the law of the state.
In most of the states, a lien of this kind does not hold unm
less the contract is in writing; in many of them they must
also be recorded; and in a few, the filing of them is sufficient. In some states, sub-contractors and journeymen obtain the benefit of this law, by notifying the owner of the
premises of their claims against their employers; in which
case the owner may pay the journeymen, and retain the
same on settlement with the contractor.  Or a sub-contractor or a journeyman may, in some states, create a lien
upon the premises, by giving written notice to the proprietor of his intention to furnish materials or perform labor on
the building. Liens upon ships or other vessels are usually
to be enforced within a few days after the liens shall have
accrued.
CHAPTER LVIII.
~ 10. In Maine and Vermont, the legal rate of interest is
six per cent. If more is agreed to be taken, only legal interest can be recovered. Usurious interest paid may be
recovered back.
In New Hampshire and Massachusetts, the rate is siz per
cent. The party taking more forfeits three times the amount
unlawfully taken.
In Rhode Island, the rate is six per cent. On a usurious
contract, the principal and lawful interest can be recovered.
In Connecticut, s i per cent. On a usurious contract,
only the principal can be recovered. Persons taking usury,
forfeit the whole of the interest, one-half to the prosecutor,
the other half to the state treasury.
In New York, seven per cent. Contracts whereby a higher
rate is reserved, are void. If, however, the principal and
interest have been paid, only the excess car be afterwards
recovered.  Corporations can not set up the defense of
usury in this state.




SUPPLEMENTARY NOTES.               291
In New Jersey, six per cent. Usurious contracts are void.
Persons taking more than the legal rate, forfeit the whole
value of the subject matter of the contract, one-half to the
state, and one-half to the prosecutor. In Hudson and Essex
counties and the city of Paterson, the legal rate is seven per
cent., if one or both of the parties reside therein.
In Pennsylvania, iix per cent. Usurious interest can not
be recovered; and if paid, may be recovered back.
In Delaware, six per cent. For taking more; the whole
debt is liable to forfeiture, one-half to the state, and onehalf to the prosecutor.
In Maryland, six per cent. If more is taken, only the excess over the legal rate can be recovered.
In Virginia, six per cent. Contracts for a greater rate
are void - and a penalty is incurred of double the amount
of the debt, one-half to the informer.
In North Carolina, six per cent. Contracts reserving a
higher rate are void; and the party exacting it is liable to
a forfeiture of twice the amount of the debt, one-half to the
state, and one-half to the prosecutor.
In South Carolina and Georgia, seven per cent. If more is
reserved, the entire interest is forfeited.
In Florida, six per cent., but may be. eight by agreement.
Usury is punishable by indictment and loss of the whole
interest.
In Alabama, eight per cent. In usurious contracts, the
principal only can be recovered.
In Mississippi, six per cent.; for the bona fide use of money,
ei'ght per cent. Any rate not exceeding ten per cent. may
be taken by agreement in writing.  Only simple interest
can be recovered when a higher rate is reserved than is
allowed by law.
In Louisiana, the legal rate is five per cent.; but may be
eight by agreement. Bank interest is six per cent. For
usury, the entire interest is forfeited.
In Texas, the legal rate is eight per cent.; but as high as
twelve may be taken by agreement. If more is reserved than
the law, allows, no interest can be recovered.
In Arkansas, six' per cent.; but any rate not exceeding
ten per cent. may be contracted for. Usurious contracts
ao re void.
In Tennessee, six per cent. For exacting more, a person
may be fined not less than the amount unlawfully taken.




292               CITIZEN'S MANUAL.
In Kentucky, six per cent. The usurious excess is void.
In Ohio, six per cent.; but any rate not exceeding ten per
cent. may be taken on written agreement. If more is reserved, the excess is void.
In Michigan, seven per cent. Any rate not higher than ten
per cent. may be agreed upon for a loan of money. Excess
beyond these rates is void.
In Indiana, six per cent.  A higher rate can not be recovered; and if paid, may be recovered back.
In Illinois, six per cent.; for money loaned, it may be ten
per cent. Only the legal rates are collectable.
In Missouri, six per cent.; ten may be agreed upon. A
person taking usury, forfeits ten per cent., to be paid for the
benefit of the common school fund.
In Iowa, six per cent.; by agreement may be ten. Illegal
interest paid, may be recovered.
In Wisconsin, seven per cent.; may be twelve by written
agreement. A person paying more than legal rates, may
recover treble the amount paid.
In Minnesota, seven per cent. Any rate may be taken by
agreement.
In California, ten per cent. Parties may contract for any
rate on money due, or to become due, cn any contract.




SYNOPSIS OF THE STATE CONSTITUTIONS        293
SYNOPSIS OF TIlE STATE CONSTITUTIONS.
MAINE
THE District of Maine, formerly belonging to the state of
Massachusetts, adopted in Convention, October 29, 1819, a
constitution, preparatory to admission into the Union as a.state, and was admitted as such, March 15, 1820. The
constitution has received few alterations, among the more
important of which are a change in the term of judicial officers from the term during good behavior, to the term of
seven years, and a change of election of representatives in
the legislature by a majority of votes, to election by plurality, or by the highest number of votes.
Electors. Every male citizen of the United States, of the
age of twenty-one years, and upwards, excepting paupers,
persons under guardianship, and Indians not taxed, having
had an established residence in the state three months
next preceding the election, is an elector for governor,
senators, and representatives. Persons in the military,
naval, or marine service of the United States, and students
in seminaries, do not acquire a legal residence in any town.
Electors, except in cases of crime, are privileged from arrest on the days of election, during attendance at, going to,
and returning therefrom; and are exempt from military
duty on such days, except in time of war or public danger.
Legislature. The house of representatives consists of one
hundred and.fifty-one members, apportioned among the several counties according to population. Each town having
1,500 inhabitants, may elect one representative; a town
having 3,750 inhabitants elects two representatives; a
town having 6,750, elects three; a town having 10,500,
elects four; a town having 15,000, elects five; a town
having 20,250, elects six; a town having 26,250, elects
seven.  If the number of 1,500 shall at any time be too
large or too small to apportion all the representatives to
any county, it is to be so increased or diminished as to
give the number of representatives according to the above




294               CITIZEN'S MANUAL.
rule. A representative must be twenty-one years of age,
and must have been five years a citizen of the United
States, one year a resident of the state, and three months
next preceding his election a resident of the town or district which he represents.
The senate is to consist of not less than twenty, nor more
than thirty-one members, elected in districts. They are
elected by a majority of votes. If such election, in any district is not made by the electors, the senators elected, and
the members of the house, elect, by joint ballot, from the
two persons having received the highest numbers of votes.
Senators must be twenty five years of age, and in other
respects must have the same qualifications as representatives.
The annual meeting of the legislature is on the first
Wednesday of January. Bills vetoed by the governor must
be passed by two-thirds majorities to become laws.
Executive. The governor is elected annually. A majority
of all the votes given is required. If no person is thus
elected, the house of representatives, from  the persons
voted for, (not exceeding four,) having the highest numbers of votes, elects two, of whom the senate elects a governor. The governor must be thirty years of age, a native
citizen, a resident of the state five years. There is a council, consisting of seven persons, to advise the governor in
the executive part of the government. The counselors are
chosen annually, on the first Wednesday of January, by
joint ballot of the senators and representatives. The governor, with the advice and consent of the council, appoints
judicial officers, coroners, and notaries public; also all
other officers whose appointment is not by the constitution
or by law otherwise provided for. There is no lieutenantgovernor in this state.
A secretary of state, a treasurer, and an attorney-general, are chosen annually by joint ballot of both houses of
the legislature.; the treasurer not to be eligible more than
five years successively.
Judiciai;y. The judicial power of the state is vested in a
supreme judicial court, and such other courts as the legislature shall establish. Judges of the judicial court are appointed for seven years; judges and registers of probate




SYNOPS.  OF THE STATE CONSTITUTIONS.       295
are elected by the people of their respective counties for
four years.
Education. The legislature is enjoined to require the several towns to make suitable provision for the support of
schools in them.  It is also the duty of the legislature to
encourage and endow academies, colleges and seminaries of
learning.
Miscellaneous Provisions. All civil officers may be removed,
by impeachment, for misdemeanor in office; and every person holding office may be removed by the governor and
council, on address of both branches of the legislature.
The credit of the state may not be loaned in any case.
Nor may the legislature create any debts or liabilities, which
shall, in the aggregate, exceed $300,000, except to suppress insurrection, to repel invasion, or for purposes of war.
Amenirents to the constitution must be proposed by the
legislature, two-thirds of both houses concurring, and ratified by electors at their next annual meeting. The votes
of a majority of the electors voting on the question, is necessary to a ratification.
NEW HAMPSHIRE.
THIS state adopted a constitution in 1T84. Its present
constitution was adopted in 1792.
Electors. All male citizens, twenty-one years of age, except paupers, and persons excused from paying taxes at
their own request, are voters.
L;egislature. The two houses, together, are styled, the
general court.  The senate consists of twelve members,
elected annually, in single districts. A senator must own
a freehold estate of the value of ~200; be thirty years of
age; have been an inhabitant of the state seven years immediately preceding his election; and be an inhabitant of
the district for which he is chosen. Representatives are
chosen annually in towns; each town having 150 ratable
male polls twenty-one years of age being entitled to one
representative, and an additional representative for every




296                CITIZEN'S MANUAL,.
300 additional ratable male polls. A representative must
have resided in the state two years; must have an estate
within his district of ~100 value, one-half of it freehold.
Senators and representatives must be of the Protestant
religion.* A majority of each house constitutes a quorum.
The legislature may pass bills against the veto of the
governor, by majorities of two-thirds. Bills also become
laws if not returned by the governor within five days, unless the legislature, by their adjournment, prevent their
return.
Execmtive. The governor is elected annually by a majority
of votes. If no person receives a majority, the two houses,
by joint ballot, elect one of the two persons having the
highest numbers of votes. A governor must have been an
inhabitant of the state seven years; must be thirty years
of age; own an estate of ~500, one half of it freehold;
and be of the Protestant religion.s No lieutenant-governor.
A council of five members, one in each district, is annually
elected, by a majority of votes. If in any district no person has a majority, the senate and house elect one of the.
two having the highest numbers of votes. Counselors have
the same qualifications as senators. The power of pardon,
and the power of appointment, are exercised by the governor and council.
A secretary of state, a treasurer, and a commissary-genelal, are appointed by joint ballot of the senators and representatives.
fJTdiciary. All judical officers are appointe by the governor and council; justices of the peace for five years, the
judges of the higher courts to hold during good behavior.
Judges of courts and of probate become disqualified at the
age of seventy years.
The attorney-general, solicitors, sheriffs, coroners, repsters of probate, and naval and the higher militia offiGers,
are appointed by the governor and council.
County treasurers and registers of deeds, are elected by
the people of the several counties.
]Education. It is made the duty of legislators and magistrates, to cherish the interests of literature and the sciences,
and all seminaries and public schools; to encourage the promotion of agriculture, arts, trade, commerce, and manufactures; countenance and inculcate the principles of human1' Property qualification for the legislature and governor, has been al olished.




SYNC PSIS OF THE STATE CONSTITUTIONS.   291
ity and general benevolence, industry, honesty, sobriety,
and all social and generous sentiments among the people.
Amendmnents. The sense of the people as to the necessity
of a revision of the constitution is taken every seven years
at an election; and if, by a majority of the votes, a revision is deemed necessary, the general court is to call a
convention for that purpose; and any alterations proposed
by the convention must be approved by two-thirds of the
qualified voters who shall vote on the question of their
adoption.
V E R M O N T.
THIS state was admitted into the Union in 1791, with a
constitution formed in 1777; the present one was adopted
in 1793, and has been several times amended.
Electors. Every citizen of the United States who has resided in the state one whole year before the election, and
is of a quiet and peaceable behavior, is entitled to all the
privileges of a freeman, by taking an oath, that, in giving
his vote or suffrage, he will do it in such a manner as he
believes will most conduce to the best good of the state.
Legislalure. The senate consists of thirty members, elected
annually. Each county is entitled to at least one senator,
the remainder to be apportioned among the several counties
according to their population, as ascertained by the last
United States census, or by a state census taken for the
purpose of such apportionment; regard being had in the apportionment to the counties having the greatest fractions,
and giving to each county at least one senator. Senators
must be thirty years of age, and freemen of the county in
which they are elected. Representatives are elected in the
several towns, each town being entitled to one representative; who must have resided two years in the state, the
last of which in'ie town for which he is elected. A mnajority of either branch constitutes a quorumm; for raising a
state tax, two-thirds of the meambers elected must be present.
Bills negatived by the governor, become laws when repassed by majorities of both houses. Bills not returned
within five days, become Jaws.
13*




298                 CItIZEN'S MANUAL
Executive The governor is elected annually; also a lieutenant-governor. If no person has a majority of votes, the
election is made by joint ballot of the senate and house, from
the three candidates (if there be so many) having the highest numbers of votes.  The powers and, duties of the governor are nearly the same as those of executives generally.
He must have resided in the state four years. There is a
lieutenant-governor in this state, qualified as the governor.
A secretary of state is chosen by the senate and house
in joint assembly. A treasurer is elected at the sanme time,
and in the same manner, as the governor and lieutenantgovernor.
Judiciary. The judicial power of the state is vested in
judges of the supreme court, and of the county courts,
who are annually chosen by the senate and house; and in
justices of the peace, who are elected by the freemen of
their respective towns. Towns having less than 1,000 inhabitants, may elect any number of' justices not exceeding
five; towns having more than 1,000 and less than 2,000,
may elect seven; towns having between 2,000 and 3,000,
may elect ten; towns having between 3,000 and 5,000, may
elect twelve; and towns having 5,000 or more, may elect
fifteen justices.
Judges of probate are elected by the freemen of their
respective districts. Assistant judges of the county court,
sheriffs, and high bailiffs, and state's attorneys, are elected
by the freemen of their respective counties.
Amenzdments. There is chosen, every seven -years, by the
people, a council of censors, thirteen in number, who examine into the different departments of the government,
and who have power to call a convention to amend the
constitution.
Miscellaneous P'ovisions. The constitution declares, that a
competent number of schools ought to be maintained in
each town, and one or more grammar schools supported in
each county. No person not already a freeman of the
state, may exercise the privilege of"a freeman, unless he is
a natural born citizen of one of the United States, or until
he shall have been naturalized agreeably to the acts of
congress.




SYNOPSIS OF THE STATE CONSTITUTIONS       299
MA S S AC H USE T T S.
THUE constitution of this state was- formed in 1780. It
has been several times amended.
Electors. Every male citizen twenty-one years of age, (excepting paupers and persons under guardianship) havilg resided a year in the state, and six months in the town or
district in which he claims a right to vote, and having
paid a tax within two years, or is legally exempt from taxation, is entitled to the right of suffrage.
Legislature. The senate and house of representatives are,
together, styled, thegeneral court. The senate consists of forty
members, chosen in districts. The number assigned to each
district is to be in proportion to its population. Senators
must have resided in the state five years, and must be, when
elected, inhabitants of the districts for which they are
chosen. Representatives are apportioned among the towns
and cities. Every town or city containing 1,200 inhabitants is entitled to one representative, and for every 2,400
inhabitants above that number, to an additional representative. A town containing less than' 1,200 inhabitants,
may elect a representative as many times within ten years
as the number 160 is contained in the number of its inhabitants. Such town may also elect a representative for the
year in which the valuation of estates shall be settled.
Whenever the population of the state shall exceed 110,000,
the number of inhabitants entitling a town to one representative, and the number entitling it to each additional representative, are to be increased one-tenth; and for every additional increase of 0,000 inhabitants, the same addition
of one-tenth is to be made to the above numbers. Representatives must have resided a year in the towns they represent.
The general election is held annually on the 2d Monday
in November. Sessions of the general court commence on
the 1st Wednesday of January. Bills negatived by the
governor become laws if pasbed by two-thirds majorities;
also if not returned by him within five days, unless the legislature by adjournment prevent their return.
Execzutive. The governor is chosen annually. He must




300               CITizE1TN'S MANUAL.
have been an inhabitant of the state seven years; and deo
clare himself to be of the Christian religion. In case of
no election by a majority of votes, the house elects two
out of the four having received the highest numbers of
votes, if so many have been voted for; if not, then out of
the number voted for: and of the two so elected, the
senate elects a governor. A lieutenant-governor is elected
in the same manner as the governor.  In exercising the
pardoning power and the power of appointment, and in directing the affairs of the state generally, the governor acts
in conjunction with an advisory council of nine members,
elected annually by the senate and house in joint assembly.
Counselors must have been inhabitants of the state five
years.
The secretary, treasurer, receiver-general, commissarygeneral, notaries public, and naval officers, are chosen annually by the senators and representatives.
Judiciary. All judicial officers are nominated and appointed by the governor, with the consent of the council.
The justices of the higher courts hold their offices during
good behavior; justices of the peace for the term of seven
years. The former may be removed by the governor and
council on address of both houses of the legislature.
The attorney-general, the solicitor-general, sheriffs, coroners, and registers of probate, are appointed in the same
manner as justices.
Education. The constitution makes it the duty of the legislature and magistrates to cherish the interests of literature and the sciences, and all seminaries of them; especially the university at Cambridge, public schools, and grammar schools in the towns.
Ameudmelets are proposed in the general court by a majority of the senators and two-thirds of the representatives
present and voting; and if agreed to by like majorities of
the next general court, they are submitted to the qualified
voters of the state for ratification.




SY1OPSIS OF THE STATE CONSTITUTIO0NS.    301
RHODE ISLAND.
A CHARTER was granted in 1663, by Charles II, to the
Rhode Island and Providence Plantations. The company
to whom the grant was made, comprised a governor, a
deputy-governor, and a council.  To these were subsequently added a house of representatives, chosen by the
people in towns, and a judiciary department, the judges of
which were chosen annually by the people. This charter,
thus modified, continued the basis of government until the
year 1842, when the present constiiftion was adopted.
Electors. Every male (naturalized) citizen of the United
States, twenty-one years of age, who has resided in the state
one year, and in the town or city in which he offers to vote,
six months; who owns real estate worth $134 over and
above all incumbrances, or which rents for $7 a year over
and above any rent reserved or the interest of any incumbrances thereon; also every male native citizen, who has
resided two years in the state, and six months in the town
or city where he offers his vote, whose name has been
registered in the town or city clerk's office at least seven
days, and who has within the year, and at least seven days
before the election, paid a tax or taxes either assessed upon
his estate, or paid by him voluntarily, to the amount of $1;
or who, being so registered, has done military duty within
the year; is a legal voter.
Legislature. The two houses together are called the genzeral assembly. The sessions are held annually. The house
of representatives may not exceed seventy-two members.
They are apportioned among the towns according to population, allowing one representative for a fraction exceeding
half the ratio; but each town or city is entitled to at least
one member; and no town is to have more than one-sixth
of the number to which the house is limited. The senate
consists of the lieutenant-governor and one senator from
each town or city in the state. The governor, and, in his
absence, the lieutenant-governor, presides in the senate and
in grand committee; but may vote only in case of equal
division. Bills are not presented t6 the governor for revision in this state.




302               CITIZEN'S MANUAL.
Executive. The governor and lieutenant-governor are
elected annually. If no candidate receives a majority of
votes, the two houses in joint assembly, (called the grand
committee,) elect one of the two having received the highest numbers of votes.
A secretary of state, an attorney-general, and a general
treasurer, are elected annually in the same manner as the
governor; and their names, and the names of the persons
voted for as governor and lieutenant-governor, are all placed
upon one ticket.
Judiciary. A supreme court and such inferior courts as
the general assembly shall establish. Judges of the supreme
court are elected by the two houses in grand committee.
Each judge holds his office until his place shall be declared
vacant by a resolution of the general assembly.
Ed'ucation. It is made the duty of the legislature to promote public schools, and to secure to the people the advantages of education. And the present fund, and all moneys
and donations for the support of public schools, must be infallibly applied to such use.
Amendments to the constitution must be agreed to by two
successive legislatures, (a majority of all the members
elected to each house voting in their favor,) and must be
approved by three-fifths of the electors of the state voting
thereon.
C ON NE C TICUT.
THE colony of Connecticut, comprising the territory of the
present state, was formed by the union of several colonies
under a charter granted by Charles II, in 1662. This char.
ter was confirmed by England in 1688, and was continued
as the basis of government until 1818, when the present
constitution was adopted. This constitution was amended
in 185-.
Legislature. The two houses, to gether, are styled, the
geveral assembly. Representatives are apportioned among
the towns according to population. Any elector is eligible
to either house. Senatcrs, not less than eighteen, nor moro




SYNOPSIS OF TIIE STATE CONSTITUTIONS.     303
than twenty-four, are chosen in districts, the number of
which is not to be less than eight, nor more than twentyfour; the districts to be alterable after each census of the
United States. Election of senators is by plurality. A
majority of each house is a quorum. Bills returned by the
governor become lawvs when again passed by a majority of
each house. Bills become laws also if not returned by the
governor within three days after having been presented to
him, unless the legislature, by, adjournment, prevent their
return.
Executive. A  governor and a lieutenant-governor are
elected annually. Any qualified elector, thirty years of
age, is eligible. A majority of votes is necessary to elect
the governor. In case of a failure to elect, the general
assembly choose a governor from one of the two having the
highest numbers of votes.
A treasurer, a secretary, and a controller of public accounts, are elected in the same manner as the governor and
lieutenant-governor.
A, sheriff is elected in each county for three years, and is
removable by the general assembly.
Judiciary. A supreme court of errors, a superior court, and
such inferior courts as the general assembly shall establish.
The judges are appointed by the general assembly. Judges
of' the supreme court and of the superior court, hold their
offices for the term of eight years; may be removed by the
governor on the address of two-thirds of each house. Judges
of probate are chosen annually by the electors in the several
probate districts. Justices of the peace are elected in the
several towns.
Electors. Every white male citizen twenty-one years of
age, who has resided a year in the state, and six months in
the town in which he offers himself to be admitted to the
privileges of an elector, and who sustains a good moral
character, shall, on h,s taking the oath prescribed by law,
be an elector. He must also be able to read any section of
the constitution of the state and of the constitution of the
United States.
Amendments of the constitution are proposed by a majority
of the house of representatives, approved by two-thirds of
both houses of the next general assembly, and a majority
of the electors at an election.




304               CI rIZEN'S MANUAL.,
Edmucamtwn. The school fund is to remain a perpetual fund,
the interest of which is to be inviolably appropriated to the
support of the public or common schools throughout the
state.
NEW YORK.
THE first constitution of this state was formed in 17 7;
the second in 1821, (adopted in 1822). The present constitution was formed and adopted in 1846.
Electors. Every white male citizen twenty-one years of
age, who has been an inhabitant of the state a year, and
for four months a resident of the county, may vote in the
election district in which he resides; but he must have resided for thirty days in the district for which the officer is
to be chosen for whom he offers to vote. Naturalized persons must have been admitted as citizens at least ten days
before voting. Colored men must have resided in the state
three years, and must own a freehold estate of the value of
$250 over and above incumbrances, and have paid a tax
thereon.
Legislature. A senate and an assembly. The senate consists of thirty-two members elected for two years, one in
each senate district. The assembly consists of one hundred and twenty-eight members, apportioned among the
several counties according to population. Counties entitled to more than one member are divided into as many
districts as there are members; and a member is elected
in each district.
The final passage of bills requires a majority of all the
members elected to each house. Bills negatived by the governor are to be returned within ten days, and become laws
by being again passed, by majorities of two-thirds of both
branches. The compensation of members is $3 a day, and
20 cents a mile for traveling to and from the place of meetingc; but they can receive pay for on'y one hundred days at
a single session. A census is taken, and a new apportionment made every ten years.
Executive. The governor is elected for two years; must
be a citizen of the United States, thirty years of age, and




SYNOPSIS OF THE STATE CONSTITUTIONS.      305
lhave resided in the state five years niext preceding his election. A lieutenant-governor, qualified in the same manner,
is elected at the same time.
A secretary of state, a controller, a treasurer, an attorneygeneral, and a state engineer and surveyor, are chosen for
two years. Also three canal commissioners and three inspectors of state prisons, for three years, one of each to be
elected every year.
J'udiciary. A court of appeals, a supreme court, county
courts, and courts held by justices of the peace. The state
is divided into eight judicial districts, in each of which four
justices of the supreme court are elected,,for eight years,
two of them every two years. The court of appeals is composed of eight judges, of whom four are elected by the electors of the state for eight years, one every two years, and
the other four are selected from the class of justices of the
supreme court having the shortest time to serve; that is,
whose term of service is most nearly expired. The business
of the court of appeals is to review cases brought from the
supreme court. One or more of the justices of the supreme
court hold special terms and circuit courts in the several
counties; and one of them presides in the courts/ of oyer
and terminer in each county. General terms of the supreme
court are held in the several districts, by three or more of
the justices.
A county court is held by a county judge elected for
four years.
In holding criminal courts, two justices are associated
with the county judge. These justices are elected by the
electors of the county, and are selected from acting justices
of the peace. The county judge is also surrogate, (called
in other states judge of probate.) In counties having a population exceeding 40,000, a separate officer may be chosen
as surrogate. County judges and surrogates hold their
offices four years. Justices of the peace are elected in the
several towns, and hold for the same term.
A clerk of the court of appeals, Who is ex-officio clerk of
the supreme court, is elected for three years. County clerks
are clerks of the supreme court in their respective counties.
Judges of the court of appeals and justices of the supreme
court may be removed by the legislature. County judges
may be removed by the senate on recommendation of the
governor.




306                CITIZEN'S MANUAL.
There are, in cities, certain judicial officers and courts,
distinct from those above mentioned.
Sheriffs, clerks of counties, coroners, and district-attorneys, are elected for three years, in the several counties.
Sheriffs are-ineligible for the next three years.:Education. The capital of the common school fund, (now
more than $2,000,000,) the capital of the literature fund, and
the capital of the United States deposit fund, are to be proserved inviolate. The revenue of the common school fund,
and a large portion of the revenue of the United States deposit fund, are annually applied to the support of common
schools; the revenue of the literature fund to the support
of academies.
Amendments to the constitution must receive the sanction
of two successive legislatures, majorities of all the members
elected to each house concurring, and be ratified by a ma.
jority of the votes of the electors voting thereon at an election. Every twentieth year, and at such other times as the
legislature shall provide, the question of calling a convention to revise the constitution, shall be submitted -to the
electors of the state.
M/ iscellaneous Provisions. The legislature may not sell or
lease the canals of the state, nor sell the salt springs. The
credit of the state shall not be loaned for the benefit of any
individual, association or corporation. Debts may be contracted to meet casual deficits or failures in revenue, or for
other expenses not provided for; but the aggregate of such
indebtedness shall not any time exceed $1,000,000. Additional debt may be contracted to repel invasion, suppress insurrection, or to defend the state in war. Except the debts
above specified, no state debt may be hereafter contracted,
unless authorized by law for some single work or object,
distinctly specified; and the law must provide for the payment 6f the debt within eighteen years; and, before it can
take effect, must be submitted to and sanctioned by the
people at an election.
Corporations must be formed under general laws, but
may not be created by special act, except for municipal
purposes, and in cases where, in the judgment of the legislature, the objects of the corporation can not be attained
under general laws. The stockholders in any bank or other
moneyed corporation, are individually responsible to the




SYNOPSIS OF TIHE STATE CONSTITUTIONS.     307
amount of their respective shares therein, for all its debts
and liabilities contracted after the first of January, 1850.
Bill-holders have preference in payment over other creditors
of an insolvent bank.
NEW JERSEY.
NEW JERSEY, as a colony, adopted a constitution in 1176,
under which the state was governed until the present constitution, framed in.1844, was adopted.
Electors. All white male citizens, who have resided in the
state a year, and in the county in which they claim the
right to vote, five months, are qualified voters; except
paupers, idiots, insane persons, or persons convicted of certain crimes.
Legislature. A senate and general assembly. The senate
consists of one senator from each county, elected for three
years. One-third of the senators are elected every year.
A senator must be thirty years of age, and have been a citizen and an inhabitant of the state four years, and of the
county one year, bqore his election. Members of the gen.
eral assembly are apportioned among the counties according
to the population. A new apportionment is made every ten
years, after the taking of the United States census. The
number of members may not exceed sixty. A member must
have been a citizen and resident of the state two years, and
of the county one year. A majority is a quorum.
The final passage of bills requires a majority of all the
members elected to each house. The same majorities may
pass bills disapproved by the governor. Bills become laws
if not returned by the governor within five days, unless their
return is prevented by the adjournment of the legislature.
Legislature meets on the 2d Tuesday of January. Members
of the legislature receive $3 a day for forty days, and $1,50
a day thereafter; and $1 for every twenty miles travel to
and from the place of meeting.
Execzutive. The governkr is elected for three years; and is
ineligible for the next three years. He must be thirty years
of age; must have been for twenty years a citizen of the




308               CITIZEN'S AMANUAL.
United States, and a resident of the state seven years:.ext
before his election. There is no lieutenant-governor.  The
pardoning power is exercised by the governor, in conjunction with the chancellor and'the judges of the court of errors and appeals.
The state treasurer, and the keeper and inspectors of the
state prison, are appointed annually by the senate and general assembly in joint meeting. The secretary of state,
attorney-general, and prosecutors of the pleas, are appointed
by the governor and'senate, for five years..Juliciary. A court of errors and appeals; a court of chancery; a prerogative court; a supreme court; circuit courts;
and such inferior courts as now exist, and as may hereafter
be established by law. The court of errors and appeals
consists of the chancellor, the justice of the supreme court,
and six judges or a majority of them. The court of chancery consists of the chancellor; who is also the ordinary,
or surrogate-general, and judge of the prerogative court, to
which appeals are made from the orphans' court.
The supreme court consists of a chief justice and four
associate justices, which number of associate justices may
be increased or diminished, but may not be less than two.
The circuit courts are held in every county, by one or
more justices of the supreme court, or a judge appointed
for that purpose, and have, within the county, common law
jurisdiction concurrent with the supreme court, except in
criminal cases; and final judgments in circuit courts may
be brought, by writ of error, into the supreme court, or directly into the court of errors and appeals. The justices of
the supreme court.and the chancellor hold their offices seven
years; the judges of the court of errors and appeals, six
years; and all are appointed by the governor and senate.
The inferior court of common pleas shall have not more than
five judges, one to be appointed every year, by the senate
and general assembly.
Justices of the peace, from two to five, are elected in each
township, and in each. city ward, for five years. A township or ward containing 2,000 inhabitants, or less, may have
two justices; between 2,000 and 4,000, four justices; over
4,000, five justices. Any township not voting in wards, and
containing more than 7,000 inhabitants, may have an addi



SYNOPSIS OF THE STATE CONSTITUTIONS.      309
tional justice for each additional 3,000 inhabitants over
4,000.
Sheriffs and coroners are elected annually in their respective counties, and may be reelected until they have
served three years; after which they are ineligible for three
years.
Education. The income of the fund for the support of free
schools, except so much as: shall be applied to an increase
of the capital, is to be annually appropriated to the support
of public schools, for the equal benefit of all the people of
the state.
Anendments to the constitution must be agreed to by two
successive legislatures, by majorities of all the members
elected to each house, and be ratified by the electors at an
election held for that purpose. The amendments, (if more
than one,) must be voted on separately. Amendments may
not be submitted to the' people by the legislature oftener
than once in five years.
PENNSYLVANIA.
A CONSTITUTION was adopted in 1776; another in 1790;
and the present one in 1838.
Legislature. The senate and house of representatives are,
together, called the general assembly. The representatives
are chosen annually, and are apportioned every seven years
among the counties according to the number of taxable inhabitants; the number to be fixed by the legislature, and'not to be less than sixty, nor more than one hundred. A
representative must be twenty-one years of age, have been,
when elected, three years a citizen and inhabitant of the
state, and the last year an inhabitant of the district he
is to represent.  Senators are chosen for three years,
(one-third of them every year,) in districts, not more than
two in any district, unless the taxable inhabitants in any
city or county are such as to entitle it to elect more;
but no city or county may elect more than four. The number of senators may not be less thaD one-fourth, nor greater
than one-third of the number of representatives. A senator




310               CIIIZEN'S MANUAL.
must be twenty-five years of age, and must have been a
citizen and an inhabitant of the state four years, the last
year of which an inhabitant of the district for which he is
chosen.
Bills vetoed by the governor become laws if subsequently
passed by majorities of two-thirds. Also bills not returned
by him within ten days become laws without his approval,
unless their return is prevented by adjournment..Executive. The governor is elected for three years, and
may not hold the office longer than six years in any term
of nine years. He must be thirty years of age, and have
been a citizen and an inhabitant of the state seven years.
No lieutenant-governor.
A secretary of the commonwealth is appointed by the
governor during pleasure. A treasurer is elected annually
by the two houses in joint assembly.
Electors. Every white freeman, twenty-one years. of age,
having resided in the state one year, and in the election
district where he offers to vote, ten days, next before the
election, and within two years has paid a state or county
tax assessed at least ten days before the election, is an
elector. A qualified elector who shall remove from the state
and return, becomes a voter by six months' residence in the
state, and by the ten days' residence in the district, and
the payment of taxes. White freemen between the ages of
twenty-one and twenty-two years, are not required to have
paid taxes. Electors, except in cases of crime, are privileged from arrest during their attendance on elections, and
in going to and returning from them.
Judiciary. The judicial power of the commonwealth is
vested in a supreme court, the judges of which are appointed
for fifteen years; courts of oyer and terminer and general
jail delivery in the several counties, of which the judges of
the supreme court and court of common pleas are justices
by virtue of their offices; a court of common pleas in each
judicial district, no district to include more than five counties, the presiding judge of which holds his office for ten
years, the associate judges for five years; a court of quarter sessions and an orphans' court for each county, held by
judges of the common pleas; a register's court for each
county, composed of the register of wills and judges of the
common pleas; and courts held in the several townships,




SYNOPSIS OF THE STATE CONSTITUTIONS.      311
wards, and boroughs, by justices of the peace oi aldermen
elected by the voters therein, for five years. Judges of the
supreme court are elected by the people of the state at
large; others are chosen in the districts or counties over
which they preside.
Protlhonotaries of the supreme court are appointed by the
court for three years. Prothonotaries and clerks of the
several other courts, recorders of deeds, and registers of
wills, are elected in their respective counties and districts,
for three years.
Sheriffs and coroners are elected in their respective counties for three years. Sheriffs may not be twice chosen in
any term of six years.
Not more than two justices of the peace or aldermen may
be elected in any township, ward, or borough, without the
consent of a majority of the electors therein.
Education. The legislature is required to provide for the
establishment of schools throughout the state, in such manner that the poor may be taught gratis; and the arts and
sciences are to be promoted in one or more seminaries of
learning.
Amendwments are proposed by a majority of all the members
elected to each branch of the legislature, and agreed to in
like manner by the next legislature, and ratified by a majority of the electors who shall vote thereon. If there are
more amendmen'ts than one, they must be voted on separately; and no amendments may be submitted to the electors oftener than once in five years.
DELAWARE.
THE first constitution of this state was adopted in 1776;'he present, in 1831. It has received several amendments.
Legislature. A senate and house of representatives, called
the general assembly. Representatives are chosen in counties
for two years. They must be twenty-four years of age;
must have bcen citizens and inhabitants of the state three
years next preceding the first meeting of the legislature
after their election, and of the county, one year  Senators




~] 2               CITIZEN'S MANUAl,
are elected in the several counties for four years: the number not to be greater than one-half, nor less than one-third
of the number of representatives.  A senator must be
twenty-seven years of age, possess a freehold estate in the
county of two hundred acres of land, or an estate in real
and personal property, or in either, worth ~1,000 at least;
and have been a citizen and an inhabitant of the state three
years, and the last year of the county for which he is chosen.
Bills are not submitted to the governor in this state, but
are laws when passed by both houses. The legislature
meets biennially on the 1st Tuesday in January.
Executive. The governor is elected for four years, and is
not eligible a second time. He must be thirty years of ag'e,
and have been a citizen and an inhabitant of the United
States twelve years, and the last six years of that term an
inhabitant of the state.  No lieutenant-governor.
A secretary of state is appointed by the governor during
his continuance in office. A state treasurer is appointed
biennially by the house of representatives, with the concurrence of the senate. [By this mode of election, the two
houses do not meet in joint convention, as in certain other
states; but they act separately, as in passing laws; a
majority of each hlouse being necessary to an appointment']
Judiciary. The following courts are held by five judges,
of whom one is chancellor of the state, and holds the court
of chancery, and is president of the orphan's court. Of the
other four, one is chief-justice.of the state; the other three
are associate justices, one of them to reside in each county.
The superior court consists of the chief-justice, and two
associate judges; but no associate judge may sit in the
county in which he resides. The court of general sessions
of the peace and jail delivery is composed of the same
judges, and in the same manner, as the superior court. The
court of oyer and terminer consists of all the judges except
the chancellor, and exercises the jurisdiction vested in the
courts of oyer and terminer and general jail delivery. The
court of errors and appeals issues writs of error to the
superior court, receives appeals from the court of chancery,
and determines finally all matters in error in the jud-gments
and proceedings of the superior court. The court of errors
and appeals upon a writ of error to the superior court, consists of the chancellor and two of the other judges. In




;SYNOPSIS OF THIE STATE CONSTITUTIONS.    3K3
other cases it is differently constituted. The orphans'
court in each county is held by the chancellor and the associate judge residing in each county. The register's court
in each county is held by the registers of the several
counties. Judges of the above courts are appointed by the
governor, and hold during good behavior. They may be
removed by the governor on the address of two-thirds of all
the members of each branch of the general assembly.
In pursuance of the power vested in the legislature to
establish inferior courts, a court of common pleas is established in each county.
A competent number of justices of the peace in each
county are appointed by the governor for seven years, and
are removable by him on address of the legislature.
The sheriff and coroner of each county are chosen by the
citizens thereof; for two years; but the sheriff may not be
chosen twice in any term of four years. The legislature
may vest the appointment of sheriffs and coroners in the
governor; but no person may be appointed sheriff twice in
any term of six years. The attorney-general, registers, and
prothonotaries are appointed for five years, and are removable by the governor on address of the legislature.
Electors. Free white male citizens twenty-two years of
age, having resided in the state one year, and the last
month thereof in the county where they offet to vote, and
having within two years paid a county tax assessed at
least six months before the election. All White male citizens twenty-one years of age and under twenty-two, having
so resided, may vote without payment of any tax. Electors
are privileged from arrest during attendance on elections,
and in going to and returning from them, except in cases
of crime.
Amendments to the constitution are proposed by two-thirds
of each house of the legislature, with the approbation of the
governor, and ratified by three-fourths of each branch at
the first session held after the next election of representatives. A convention to amend may be called by the legislature, in pursuance of the sense of the people expressed at
a previous election.
14




314                CITIZEN'S MANUAL,
MARYLAND.
A CONSTITUTION was adopted in 17(6, which continued until
1851, when the present one was adopted.
Electors. Every white male citizen twenty-one years of
age, having resided one year in the state, and six months
in the county in which he offers to vote, may vote in the
ward or election district in which he resides.
Exec utive. The governor is elected for four years. He
must be thirty years of age; have been five years a citizen
of the United States, and five years a resident of the state,
and for three years a resident of the district from which he
is elected. In case of vacancy, the general assembly elects
some resident of the same district to be governor for the
residue of the term. If the vacancy happens during the
recess of the legislature, the president of the senate serves
until the next session. There is no lieutenant-governor.
A secretary of state is appointed by the governor and
senate, during the official term of the governor. A controller of the treasury is chosen by the electors;of the
state, for two years; and a treasurer and a state librarian
are appointed by the legislature on joint ballot at each
session.
Legislature. A senate and a house of delegates, styled, the
general assembly. Senators, one from each county and the
city of Baltimore, are elected for four years, one-half every
two years. A senator must be twenty-five years of age,
and a citizen, and must have resided three years in the
state when elected, and a year in the county or city which
he is to represent. Delegates are eligible at the age of
twenty-one years; other qualifications the same as those
of senators. They are elected for two years, and are apportioned among the counties according to population;
the city of Baltimore to have four more delegates than the
most populous county, and no county to have less than two
delegates; the whole number not to be more than eighty,
nor less than sixty-five.
The legislature meets on the first Wednesday of January,
and is required to close its regular sossions on the 10th day




SYNOPSIS OF THE STATE CONSTITUTIONS.       315
of March next ensuing, unless both houses agree to adjourn
at an earlier day. Bills must pass each house by a majority
of all the members elected; and when so passed and sealed
with the great seal, the governor is required to sign therm
in the presence of the presiding officers and chief clerks of
both houses.
Jbdiciary. The court of appeals consists of four judges, of
whom one is elected in each of the judicial districts int~
which the state is divided. One is designated by the gov
ernor and senate as chief-justice. They must be thirty years
of age, and have been citizens of the state five years. They
hold their offices for ten years, and become ineligible at the
age of seventy years. This court has appellate jurisdiction
only. There are eight judicial circuits, in each of which,
except the fifth, is elected a judge, called circuit judge, for
the term of ten years. The judge of each circuit holds circuit courts in the seyeral counties within his circuit. A
circuit judge must have resided five years in the state, and
two in his judicial circuit. The judges of this court have
chancery powers.
There are in the city of Baltimore, a court of common
pleas, and a superior court, each of which consists of one
judge elected for ten years; also a criminal court, held by
a judge elected by the electors. And there are, in the city
of Baltimore, and in each county, an orphans' court, consisting of three judges elected by the people for four years,
and a register of wills, chosen for six years. Judges of bhe
higher courts are removable by the governor on address by
the legislature.
Justices of the peace and constables, the number to be
fixed by the legislature, are elected for two years in each
ward of the city of Baltimore, and in each election district
in the several counties.
A sheriff is elected in each county and the city of Baltimore. The person having the highest number of votes is
commissioned by the governor; if two have an equal number, the governor may choose either of them. If a vacancy
happens in the office, the governor commissions the person
having had the next highest or equal number of votes
Sheriffs are ineligible for the next two years.
A state's attorney is elected for four years in each county
and the city of Baltimore.




316-                 CITIZEN'S MANUAL.
Amenzdmewis. The constitution can be amended only by a
convention, called by the legislature in pursuance of a vote
of the people to be taken after each United States census.
Jlfiscellaqzeous Provisions. Co:porations may be formed only
under general laws, except for municipal purposes, and in
cases where the object of the corporation can not be attained
without a special act. Lotteries are to cease after 1859.
Duelists are disqualified for office. Members of the legislature are paid four dollars a day, and mileage; the presiding
officers of each house an additional dollar each. Ministers
of the gospel may not be elected to the legislature. The
contracting of state debts exceeding $100,000 at any time
is prohibited; and no debts may hereafter be contracted,
unless provision is made for collecting taxes to pay them
within fifteen years. The abolition of slavery is forbidden.
Stockholders of banks are hereafter to be made individually
liable to the amount of their respective shares.
VIR GINIA.
A CONSTITUTION. waa adopted in 1776; another in 1830;
the present in 1851.
Electors. Every white male citizen, twenty-one years of
age, who has been a resident of the state two years, and of
the county, city, or town where he offers to vote, one year,
is a qualified elector. In all elections votes are to be given
openly, or viva voce. Dumb persons only may vote by ballot.
Legislatuzre. The two branches are called general assembly
The house of delegates consists of one hundred and fiftytwo members, elected biennially in the several counties and
election districts, each district comprising one or more counties; but the districts are of unequal population, and not
the same number of delegates is apportioned to each district. The senate consists of fifty members elected for four
years, one-half to be elected every two years. The state is
divided into fifty districts, in each of which one senator is
chosen. Apportionments of members of both houses axe to
be made every ten years. Delegates are eligible at the




SYNOPSIS OF THE STATE CONSTITUTIONS.      31
age of twenty-one years; senators. at the age of twentyfive.
Legislature meets once in two years. No session may
continue longer than ninety days, without the concurrence
of three-fifths of all the members elected to each house, in
which case the session may be extended. for a further period, not exceeding thirty days.  Bills, to become laws, do
not require the governor's approval.
Executive. The governor is elected for four years, and is
ineligible for the next term. He must be thirty years of
age, a native citizen of the United States, and have been a
citizen of Virginia five years next preceding his election.
A lieutenant-governor, who presides in the senate, but has
no vote.
A secretary of the commonwealth, a treasurer and an
auditor of public accounts, are elected for two years by the
joint vote of the two houses. An attorney-general is elected
by the voters of the state, for four years, at every election
for governor.
Judiciary. A supreme court of appeals, district courts, and
circuit courts. The state is divided' into twenty-one judicial
circuits, ten districts, and five sections. A judge for each
circuit is elected for eight years, who holds circuit courts.
in the several counties composing his district.  A judge of
one circuit may be authorized to hold courts in another cir.
cuit. A district court is held by the judges constituting
the section and the judge of the supreme court of appeals
for the section to which the district belongs. The supreme
court of appeals consists of a judge elected in and for each
of the five sections, for twelve years. Judges may be removed by the general assembly. A county court is held
monthly in each county, by not less than three nor more
than five justices, except when the law shall require a
greater number. Each county is divided into districts, in
each of which four justices of the peace are elected for four
years. The justices so elected choose one of their own
body as presiding justice of the county court.
There are elected in each county, a clerk of' the county
court  and a surveyor, for six years; an attorney for four
years; a sheriff for two years; and constables and overseers of the poor as may be prescribed by law.
Amendmzents. The constitution contains no specific provision




31S               CITIZEN'S MANUAL.
for its amendment. The last two constitutions have been
framed by conventions authorized by acts of the legislature,
and were ratified by the electors of the state..lZiscellaneozms Provisions. Slaves hereafter emancipated forfeit their freedom by remaining in the state a year, and are
reduced to slavery. The power of slave owners to emancipate may be restricted; The general assembly has no
power to emancipate slaves. All property other than slaves
must be taxed in proportion to its value. In assessing
taxes, slaves over twelve years are to be valued at $300
each. A capitation or poll tax, equal to the tax assessed
on land of the value of $200, is to be levied on every white
male of the age of twenty-one years; one-half to be applied
to the purposes of education in primary and free schools.
No debts may be contracted by the state on a credit of more
than thirty-four years. Lotteries hereafter are prohibited.
The faith of the state shall not be pledged for the debts
of any company or corporation. Loans may not bb contracted, nor certificates of debt or bonds of the state issued,
for a longer period than thirty-four years.
NORTH CAROLINA.
TuIS state adopted a constitution in 1776, which was
amended by a convention in 1835.
Legislature. A senate and a house of commons, denominated the general assembly. The senate consists of fifty
members, chosen biennially, by districts, one in each district. The districts are laid off in proportion to the average
amount of public taxes paid by the citizens during the five
years preceding. Senators must have resided within their
respective districts a year, and have possessed during that
time, and continue to possess, within their districts, not
less than 300 acres of land. The house of commons is composed of one hundred and twenty members, chosen biennially, and apportioned among the counties according tc
population, three-fifths of the slaves being added to the
number of free persons. They must have resided a year in




SYNOPSIS OF THE STATE CONSTITUTIONS.      319
the counties they represent, and have possessed for six
months, and continue to possess, within the same, not less
than 120 acres of land.
The legislature meets biennially on the 3d Monday in
November. Bills passed by both houses are laws without
being presented to the governor.
Executive. A governor is elected every two years, and is
eligible only four years in any term of six years. He must
be thirty years of age; must have been a resident of the
state five years; and. must have in the state a freehold of
the value of ~1,000. No lieutenant-governor.
There is a council of state consisting of seven persons,
to advise the governor in the execution of his office; a
~secretary of state; and a treasurer; all of whom are chosen
by joint vote of the two houses, at each session, for two
years. An attorney-general is chosen in the same manner
for four years, unless for certain reasons the term shall be
altered.
Judiciary. The judicial power is vested in judges of the
supreme court, judges of the superior courts, judges of admiralty, and justices of the peace. The judges are appointed by the general assembly, by joint ballot, and hold their
offices during good behavior. Justices of the peace, within
their respective counties, are recommended to the governor
by the representatives in general assembly, and are commissioned by the governor, and hold during good behavior.
Electors. White freemen of the age of twenty-one years,
having been inhabitants of the state one year, and paid
public taxes, are electors. Voters for senators are required
also to own a freehold of fifty acres of land.
Amendments, A convention for making amendments may
be called by the general assembly, two-thirds of all the
members of each house concurring. Propositions for
amendments may be made by three-fifths of the whole
number of members of each house; and they become
amendments when agreed to by a majority of two-thirds of
the whole representation in each house of the next general
assembly, and ratified by the qualified voters of the state.
Other Provisions. The legislature is required to establish
schools, with such salaries to the masters, paid by the
public, " as may enable them to instruct at low prices;"
and all useful learning shall be duly encouraged and pro



820                CITIZEN'S MANUAL.
moted in one or more universities. Atheists, infidels, or
persons denying the divine authority of the Old or New
Testament, or holding religious principles incompatible
with the freedom or safety of the state, are ineligible to
civil office. Clergymen, or preachers of the gospel, are
ineligible as members of the legislature or of the council of
state. All free males between twenty-one and forty-fiv,
years of age, and all slaves between twelve and fifty years,
are subject to capitation or poll tax, which must be equal
upon all individuals thus taxable.
SOUTH CAROLINA.
TEE first constitution of this state was formed in 1775;
the present one in 1190. The only essential amendments
which it has received, were made in 1808.
Legislatmure. A general assembly, consisting of a senate and
a house of representatives. The house is composed of one
hundred and twenty-four members, elected for two years
in districts, and apportioned according to the number of
white lihabitants and the amount of taxes paid therein;
one representative being allowed for every sixty-second
part of the number of white inhabitants of the state, and
one for every sixty-second part of the whole taxes raised
by the legislature; and there must be at least one repreTentative to every district. A representative must be a
free white man twenty-one years of age; must have been
a resident citizen of the state three years; and, if a resident
of the election district, must have a freehold of 500 acres
of land and ten negroes, or a real estate of the value of
~150 sterling, clear of debt; if a non-resident, a clear freehold of ~500 sterling. The senate is composed of forty-five
members, elected by districts; each district, except one,
being represented by one senator. Senators are chosen for
four years, one-half of them every two years. A senator
must be thirty years of age, and have been a citizen and
resident of the state five years. If he is a resident in the
district, he must have a clear freehold of ~300 sterling; if
a non-resident, a freehold in the district of ~1,000




SYNOPSIS OF THE STATE CONSTITUTIONS.      321
The legislature meets annually on the 4th Monday in
November. Bills become laws when passed by both houses,
signed by their presiding officers, and sealed with the great
seal of the state.
)Executive. The governor and lieutenant-governor are
chosen by the legislature, for two years. To be eligible to
either office, a person must be thirty years of age; must
have been a resident citizen of the state ten years; and
must have a settled freehold within the state of the value
of ~1,500 sterling, clear of debt. A governor is ineligible
for the next four years after the expiration of his term.
Commissioners of the treasury, the secretary of state, and
the surveyor-general, are elected by joint ballot of both
houses, for the term of four years, and are ineligible for the
next four years.
Judiciary. The judicial power is vested in such superior
and inferior courts of law and equity as the legislature may
establish. The judges are appointed by the legislature
during good behavior.
Electors. Every free white male citizen, twenty-one years
of age, is a voter, if he has resided in the state two years
and owns a freehold of 50 acres of land, or a town lot, which
he has owned six months; or, not having such freehold or
town lot, has resided six months in the election district,
and paid a tax the preceding year of three shillings sterling.
Amendments to the constitution may be made by a convention called by two-thirds of both branches of the whole
representation. Alterations may also be made by like
majorities of two successive legislatures.
Other Provisions. Religious freedom is established.  Ministers of the gospel are ineligible to the office of governor,
lieutenant-governor, or to the legislature.
GEORGIA.
a CONSTITUTION of this state was formed in 177I7; a second
in 1785; the present one was formed in 1798, and amended
in 1839 and 1844.
Legislaotre.  A senate and a house of representatives, styled,
11.*9~




322               CITIZN'S MANUAL.
the general assembly. The members of both x 3uses are elected
biennially, The representatives are apportioned among the
counties according to the population, including three-fifths
of the slaves. qualifications: age, twenty-one years; citizenship, seven years; inhabitant of the state three years,
and of the county, one year. Senators are elected in districts, and must be twenty-five years of age; have been citizens nine years; inhabitants of the state three years, and
of the district one year.
Legislature meets biennially, the 1st Monday in November. Bills rejected by the governor, if again passed by twothirds of both houses, become laws. Also bills not returned
within five days, become laws, unless their return is pre.
vented by adjournment.
Executive. The governor is elected for two years. He
must be thirty years of age; have been a citizen of the
United States twelve years, and of the state six years. No
lieutenant-governor.
A secretary of state, a treasurer, and a surveyor-general,
are elected for two years..Judiciary. A supreme court for the correction of errors,
to consist of three judges chosen by the legislature for six
years, one every two years; a superior court, whose judges
are elected in their several circuits for four years; inferior
courts, one in each county, consisting of five judges, elected by the people; and justices of the peace elected for four
years. The clerks of the superior and inferior courts are
elected by the people in their respective districts and
counties.
Sheriffs are elected for two years, but may not be twice
elected within any period of four years.
Electors are required to be white male citizens and inhabitants of the state, twenty-one years of age; to have resi —
ded in the county six months; and to have paid all the
taxes required of them, and which they have had opportunity of paying, for the year preceding the election.
A  undmentsmay be made by two successive legislatures,
two-thirds of both houses concurring.
Iliscellaneous Provisions. The legislature is required to aid
in establishing seminaries for the promotion of the arts and
sciences, and to provide for the improvement and security
of the funds and endowments of such institutions.  No laws




SYNieSI1S OF THE STATE CONSTITUTIONS.      323
shall be passed for the emancipation of slaves without the
consent of their owners, nor for preventing immigrants
from bringing their slaves with them from other states.
KIENTU CK Y.
Tuis state was admitted into the union in 1792. Its first
constitution, however, was adopted in'1190; another, in
1799; and the present in 1850.
Legislature. A house of representatives and a senate, styled,
the general assembly. The house consists of one hundred representatives elected for two years, and apportioned among
the counties according to the number of qualified voters.
A representative must be twenty-four years of age, a citizen of the United States, and have resided in the state two
years, and one year in the county for which he is chosen.
When a city or town has a sufficient number of qualified
voters, it may elect one or more representatives. The
senate consists of thirty-eight members, one to be elected
in each district, for four years, one-half every two years.
Their qualifications are, age thirty years, residence in the
state six years, and in the district one year.
Sessions of the legislature are held biennially, on the 1st
Monday in November. Bills' vetoed by the governor, if
passed again by a majority of all the members elected to
each house, become laws. Also if not returned by him
within ten days, unless the return is prevented by adjournment; in which case they become laws, unless sent back
within three days after the commencement of the next session.
Ezecutive. The governor is elected for four years, and is
ineligible for the next four years. Qualifications: age,
thirty-five years, citizenship; and residence in the state si~
years. A lieutenant-governor, qualified and elected as the
governor.
A treasurer, for two years, and an auditor of public accounts, a register of the land-office, and an attoxney-general,
for four years, are elected by the electors of the state.
Judiciary. A supreme court, styled court of appeals, circuit




324                CITIZEN'S MANUAL,
courts, county courts, courts held by justices of the peace,
and such other courts inferior to the supreme court, as the
legislature may establish. The court of appeals consists of
four judges, one to be elected in each district for eight
years, in such rotation that one may be elected every two
years. If the number shall be changed, the principle of
electing one judge every two years is to be preserved. A
clerk of this court is chosen for eight years by the electors
of the state. A circuit court is established in each county,
to be held by a district judge, the state being divided into
twelve judicial districts, and a judge elected in each, for six
years. The number of districts may be increased, but may
not exceed sixteen, until the population shall exceed 1,500,000. Qualifications the same as those of the judges of ap.
peals. In each county is a county court, composed of a
presiding judge and two associate judges, elected for four
years. They must have resided in the county one year.
For the election of justices of the peace, each county is
divided into districts of convenient size, in each of which
two justices are elected for four years, and a constable for
two years; all having jurisdiction throughout the county.
There are also elected, a state's attorney for each judicial
district, a circuit court clerk for each county, and a county
court clerk, an attorney, a surveyor, a coroner, and a jailer,
for each county; for the same term as that of the presiding
judge of the county court; and a sheriff for two years, who
shall be reeligible for a second term; but shall not be religible, nor act as deputy, for the succeeding term.
Electors. Every free white male citizen, twenty-one years
of age, who has resided in the state two years, and in the
county, town, or city, in which he offers to vote, one year,
and in the precinct in which he offers to vote, sixty days,
may vote in such precinct, and not elsewhere.
Ameindments by conventions only are provided for. But
no conventions may be called by the legislature, until a
majority of all the voters of the state shall have voted at
two successive elections in favor of calling a convention.
Jlliscellaneous Provisions. The legislature may not pass
laws for emancipating slaves without the consent of their
owners, or without compensation; nor for preventing immigrants from bringing their slaves with them into the
state; but may prevent slaves from being brought into the




SYNOPSIS OF THE STATE CONSTITUTIONS.      325
state as merchandise: and laws shall be passed permitting
owners to emancipate their slaves, saving the rights of
creditors, and preventing the emancipated slaves from. remaining in the state, and also prohibiting free negroes from
immigrating into the state. Clergymen, or teachers of any
religious persuasion, are not eligible to the general assembly. The capital of the common school fund, consisting of
nearly a million and a half dollars, is inviolably pledged to
the support of a system of common schools. A superintendent of public instruction is elected for four years, at the
time of electing the governor.
TENNESSE E.
TRIS state was admitted into the union with its first constitution in 1796. The present one was formed in 1835.
Legislature. A general assembly, consisting of a senate
and a house of representatives. Representatives are apportioned among, the several counties or districts according
to the number of qualified voters in each, and are not to
exceed seventy-five, until the population of the state shall
be 1,500,000, and may never exceed ninety-nine. They are
eligible at the age of twenty-one, and must have been citizens of the state three years, and residents of the counties
they represent, one year.  Senators are apportioned as
representatives; the number not to exceed one-third of the
number of representatives. They are elected for two years,
and are eligible at the age of thirty years; otherwise qualified as representatives.
General assembly meets biennially on the first Monday in
October. Bills passed by the legislature are not presented
to the governor for approval. Two-thirds of each house
constitute a quorum.
Executive. The governor is elected every two years, at the
time of the election of the members of the legislature. He
may not hold -the office more than six years in any term of
eight years; must be thirty years of age, a citizen of the
United States; and have been a citizen of the state seven
years.




326                CITIZEINS MANUAL.
A secretary of state is elected by joint vote of the general
assembly, for the term of four years; and a treasurer or
treasurers, for two years.
Electors. Every free wh'te man of the age of twenty-one
years, a citizen of the United States, and a citizen of the
county six months; also male persons of color, twentyone yeais of age, who are competent witnesses in a court
of justice against a white man.
Judiciary. A supreme court, and such inferior courts as
the legislature may establish, and courts held by justices
of the peace. The supreme court consists of three judges,
one in each of the grand divisions of the state, and has appellate jurisdiction only, except in certain cases. Its judges
are elected for twelve years, and are eligible at thirty-five.
Judges of inferior courts are elected for eight years, and
are eligible at thirty. For the election of justices of the
peace, each county is divided into districts of convenient
size, in each of which are elected two justices and one constable. A district containing a county town may elect
throe justices and two constables. Their jurisdiction extends throughout the county.
Attorneys for the state are elected by joint vote of both
houses of the general assembly, for six years.
There are elected in each county by the electors, one
sheriff, for two years, who is eligible sixsyears in any term
of eight years; one trustee for two years; and one register
for four years. And the justices of the peace in each county
elect one coroner and one ranger, for two years.
Education. The common school fund, and all lands and
other property now and hereafter appropriated for the use
of common schools, are to remain a perpetual fund for this
purpose, the principal of which may never be diminished;
and the interest is to go to the support of common schools,
for the equal benefit of all the people of the state. And if
hereafter there shall be any division of the public lands of
the United States, or of the money arising from the sales
thereof, the share coming to this state is to be devoted to
the purposes of education and internal improvement.
Amendments to the constitution are proposed by a majority
of all the members elected to each of the two houses, and
must be approved by two-thirds of all the members elected




SYNOPSIS OF THE STATE CONSTITUTIONS.       32.
to each house of the next legislature, and ratified by a majority cf the votes of all the voters for representatives.
n1/Iiscellaneous Provisions. A state census is to be taken
every ten years. The legislature is required to pass laws
exempting from military duty persons belonging to any religious sect known to be opposed to bearing arms. Ministers of the gospel are ineligible to a seat in the legislature.
Atheists and persons denying a state of future rewards and
punishments, may not hold civil offices. Dueling, and being
in any way concerned in a duel, or in challenging to fight
a duel, is a punishable' offense, and disqualifies the offender
for any office of honor or profit in the state.
OHIO.
THE first constitution of this state was adopted in 1802,
preparatory to her admission into the union. The present
constitution was adopted in 1851.
Legislature. General assembly, a senate and house of representatives. Senators and representatives are elected biennially in their respective counties or districts. They must
have resided in the same one year. The ratio of representation in the house is ascertained by dividing the whole
population of the state by the number one hundred; the
quotient being the ratio for the next ten years. Every
county having a population equal to one-half of the ratio is
entitled to one representative; every county containing the
ratio and three-fourths over, two representatives; counties
containing three or more times the ratio, are not allowed a
representative on any fraction. But a fraction not less than
one-fifth of the ratio, is allowed a representative a proportional part of the ten years for which the apportionment is
made. The ratio for a senator is ascertained by dividing
the whole population by the number thirty-five. The same
rule applies to the representation of fractions in senatorial
districts as is applied to fractional representation in representative districts.
The legislature meets biennially on the 1st Monday of




328                CITIZEN'S MANUAL.
January. Bills passed by both houses are laws without
being submitted to the governor.
E.zecutive. The executive department consists of a governor, a lieutenant-governor, a secretary of state, an auditor,
a treasurer, and an attorney-general; all of whom  are
elected for two years, except the auditor, for four years.
The supreme executive power is vested in the governor.
Judiciary. A supreme court, district courts, courts of common pleas, courts of probate, justices of the peace, and such
other courts inferior to the supreme court in one or more
counties, as the general'assembly may establish. The supreme court consists of five judges chosen by the electors
of the state at large. It holds at least one term in each
year at the seat of government, and such other terms there
or elsewhere as may be prescribed by law. The judges are
elected for five years, one every year. The number may
be increased or diminished by the legislature. The district
courts are composed of one of the judges of the supreme
court, and the judges of the court of common pleas of the
respective districts; and are held in each county therein;
at least once in each year; or, if deemed inexpedient to
hold such court annually in each county, the legislature
may provide that three annual sessions, in not less than
three places, may be held in each district.
The state is divided into nine common pleas districts;
and each of them, consisting of three or more counties, is
subdivided into three parts, in each of which one judge of
the court of common pleas for the district is elected by the
electors of said subdivisions. Courts of common pleas are
held by one or more of these judges in every county in the
district. The probate court of each county is held by a
judge elected for three years. Justices of the peace, a competent number, are elected in each township, for three years
A sheriff is elected in each county, and is not eligible for
more than four years in any period of six years.
Electors. White males, twenty-one years of age, having
resided in the state one year, and in the county, township,
or ward, such time as the law shall prescribe.
Edmucation. The principals of all funds for educational and
religious purposes are to be preserved inviolate and undiminished; and the income is to be faithfully applied to these
specific objects. The general assembly is required to make




SYNOPSIS OF THE STATE CONSTITUTIONS.       3%V
such further provision, by taxation or otherwise, as will secure a thorough and efficient school system throughout the
state.
State Debts. The state may contract debts to supply
casual deficits or failures in revenues, or to meet expenses
not otherwise providedfor, to the amount of $750,000, and
no more; also debts to repel invasion, suppress insurrection, defend the state in war, or to pay present indebtedness;
but no other debt may hereafter be created by the state. Nor
may the state loan its credit; nor assume the debts of any
county, city, town, or township, or of any corporation; nor
become a joint owner or stockholder in any company or association. Nor may any county, city, town, or township,
be authorized, by vote of its citizens, to become such stockholder, or to loan its credit to any company or association.
Amendments to the constitution are proposed by three-fifths
of all the members elected to each house, and ratified by a
majority of the voters voting thereon at an election. Or
the question of calling a convention may be submitted to
the electors, whenever two-thirds of all the members of each
house shall think it necessary; and if a majority of the
electors voting shall vote for a convention, the legislature
shall provide for calling the same. Every twentieth year,
the question of calling a convention is required to be sub.
mitted to the electors.
L 0 U ISIANA.
THIS state was admitted into the union in 1812, with a
constitution formed the same year. In 1845, a second constitution was adopted; and in 1852, the present one.
Legislature. A senate and a house of representatives,
together, styled the general assembly. Representatives are
elected for two years, in the several parishes, (corresponding
to counties in other states;) each parish to have at least
one representative; and are apportioned according to popiulation. The number is not to exceed one hundred, nor to be
less thani seventy. Senators are chosen in districts, for four




S30                 CITIZEN'S MANUAL.
years, one-half every two years, and apportioned amonlg tle
districts according to population. The number of senators
is thirty-two; and no parish is to be allowed more than five
venators. Every duly qualified elector is eligible to a seat
in either house.
Legislature meets annually. Bills negatived by the governor must, to become laws, be passed by majorities of twothirds of all the members elected to each house.  Also, if
not returned by the governor within ten days, they become
laws, unless their return is prevented by adjournment; in
which case they will be laws, if not sent back within three
days after the commencement of the next session.
Executive. The governor is elected for four years, and is
ineligible the next four years. His qualifications are, age,
twenty-eight years; citizenship and residence in the state,
four years. A lieutenant-governor.
A secretary of state and a treasurer are elected by the
electors; the former for four years, the latter for two years.
Yfudiciar'y. A supreme court and such inferior courts as the
legislature may establish, and justices of the peace. The
supreme court is composed of a chief-justice and four associate justices; the former elected by the electors of the state
at large; the latter in their respective districts. The judges
are elected for ten years; one of the five every two years.
Judges of the inferior courts are elected in their respective
parishes or districts. Justices of the peace are elected for
two years by the electors in each parish, district, or ward.
An attorney-general and a requisite number of district.
attorneys, are elected for four years; the former by the
electors of the whole state; the latter in their respective'districts.
A sheriff and a coroner are elected in each parish, for two
years.
Electors. Free white males twenty-one years of age, citizens of the United States two years, and residents of the
state one year, and in the parish six months. An elector
removing from one parish to another, may vote in the former until he shall have become a voter in the latter.
Amendments are proposed by two-thirds of all the members
of each house, and ratified by a majority of the electors
voting thereon at the next general election.
Miscellaneozs Provisions. The state may not subscribe for




SYNOPSIS OF TIIE STATE CONSTITUTIONS.       331
the stock of, nor make a loan to, nor pledge its faith for the
benefit of, any corporation or joint stock company, except
to aid companies or associations formed for the purpose of
internal improvement, wholly or partially within the state;
but debts and liabilities incurred for these purposes may
not at any one time exceed eight millions of dollars. Banks
must give ample security for the redemption of their bills;
and bill-holders of insolvent banks have preference in payment over other creditors. A board of public works, consisting of four commissioners, one in each district, are
elected for four years; two every two years. A superintendent of public education is elected for two years. The
general assembly is required to establish free public schools
throughout the state, and to provide for their support by
general taxation or otherwise. The proceeds of the lands
granted by the United States, or which may hereafter be
granted or bequeathed to the state, and of the United States
deposit fund, are to be a perpetual fund, the interest of
which is to go to the support of schools.
I N D I AN A.
TiIS state formed a constitution, and was admitted into
the union, in 1816. The present constitution was adopted
in 1851.
Electors. White male citizens, twenty-one years of age,
having resided in the state six months, may vote in the
township or precinct in which they reside. Also foreigners
who have resided in the United States one year, and in the
state six months, and have declared their intention to become citizens.
Legislature. A general assembly, consisting of a senate and a
house of representatives. The number of senators may not
exceed fifty; the number of representatives may not exceed
one hundred; both to be chosen in their respective counties
or districts, and apportioned according to the number of
white male inhabitants twenty-one years of age in each. A
new enumeration and apportionment are to ba ma!le every




3S2               CITIZEN'S MANUAL.
six years. Qualifications: citizens of the state two years;
of the county or district, one year. Senators are elected
for four years, one-half every two years, and nrust be twentyfive years of age. Representatives are chosen for two years,
and are eligible at twenty-one.
Sessions of the legislature held biennially, commencing
on Thursday next after the first Monday of January.  Quorum, two-thirds. Bills are passed by a majority of all the
members elected to each house; and if not approved by the
governor, they become laws by being again passed by the
same majorities. If a bill is not returned by the governor
within three days, it is a law, unless its return is prevented
by adjournment; in which case it will be a law, unless the
governor, within five days after the adjournment, shall file
the bill, with his objections, in the office of the secretary of
state, who shall lay the same before the general assembly
at the next session, in like manner as if it had been returned
by the governor. But bills may not be presented to the
governor within.two days previous to the adjournment.
Ezecutive. The governor is elected for four years; is eligible only four in any period of eight years. Qualifications:
age, thirty years; citizenship, five years; and residence in
the state, five years. A lieutenant-governor.
A secretary of state, an auditor, and a treasurer, are
elected for two years, and are eligible four years in any period of six.
Judiciary. A supreme court, circuit courts, and such infe.
rior courts as the general assembly may establish. Judges
of the supreme court, not less than three nor more than five,
one in each district, are elected by the electors of the state
at large, for six years. Circuit courts consist of a judge
for each judicial circuit, chosen by the electors thereof, foi
six years. A prosecuting attorney also is elected in each
judicial circuit, for two years. Justices of the peace are
elected for four years, in the townships.
There are elected in each county, a clerk of the circuit
court, an auditor, a recorder, a treasurer, a sheriff, a coroner,
and a surveyor. The first three hold for four years, and are
eligible eight years in twelve; the others hold two years;
and the sheriff and treasurer are eligible only four years in
any period of eight years.
Amendments must be agreed to by two successive legisla.




SYNOPSIS OF THE STATE CONSTITUTIONS.     333
tures, a majority of all the members of each house concur.
ring, and ratified by the electors of the state.
Education. The school fund is derived from many sources;
mainly, however, from the congressional township fund and
lands belonging thereto, and the surplus revenue fund, both
of which have been mentioned. (Chap. XXII.) The school
fund may be increased, but may never be diminished. The
general assembly is required to provide by law for a general and uniform system of common schools, open to all, and
without charge for tuition. Institutions for the education
of the deaf and dumb, and treatment of the insane, are also
enjoined; and houses of refuge for the reformation of juvenile offenders.
Mlffiscellaneous Provisions. State debts may be contracted
only to meet casual deficits in the revenue, to pay interest
on the state debt, to repel invasion, suppress insurrection,
and to provide for the public defense. Counties may not
subscribe for stock in any incorporated company, unless the
same is paid for at the time of subscribing; nor loan their
credit to incorporated companies; nor may the legislature
assume the debts of any county, city, town, or township, or
corporation. Banks, may be established under a general
banking law, the payment of their bills to be amply secured.
A bank with branches may also be established, without
collateral security, the branches to be mutually responsible
for each other's liabilities upon all paper credit issued as
money. Stockholders are to be individually responsible
to the amount of their stock. No law may sanction the
suspension of specie payments. Corporations other than
banking may be created only by general laws. Negroes
and mulattoes may not hereafter come into or settle in the
state.
MISSISSIP PI.
IN 1817, this state was admitted into the union, with a
constitution adopted the same year. The present constitu
tion was formed in 1832,
Electors. Free white miles, twenty-one years of age; citi



834               CITIZEN'S MANUAL.
zens of the United States; residents of the state one year,
and of the county four months. An elector who may happen to be in any county, city, or town, other than that of
his residence, or who may have removed to any such place
within four months preceding an election, may vote for such
officers as he could have voted for in the county of his residence, or from which he so removed.
Legislature. A senate and a house of representatives,
together styled the legislatere. Representatives are elected
for two years in the several counties, among which they are
apportioned according to the number of free white inhabitants; the number to be not less than thirtyv-six, nor more
than one hundred. They must be twenty-one years of age,
citizens of the United States, residents of the state two
years, and one year of the counties for which they are chosen. Senators are elected by districts for four years, onehalf every two years; the number to be not less than onefourth, nor more than one-third of the number of representatives. They must be thirty years of age, citizens of the
United States, inhabitants of the state four years, and of the
districts they represent, one year.
The legislature meets biennially. Bills are passed against
the governor's veto, by two-thirds majorities. Bills must
be returned within six days, or they become laws, unless
their return is prevented by adjournment.
fu diciary. A high court of errors and appeals, consisting
of three judges, one in each district, elected for six years,
and to be thirty years of age; a circuit court, to be held in
each county at least twice a year, the judges to be elected
in their respective judicial districts for four years, and to
be twenty-six years of age; a superior court of chancery,
the chancellor to be elected by the electors of the whole
state, for six years; a court of probate in each county, the
judge to be elected for two years; a competent number of
justices of the peace and constables chosen in each county
for two years. Other inferior courts may be established by
the legislature.
An attorney-general is chosen by the electors of the state,
and a competent number of district-attorneys in their respective districts. A sheriff and one or more coroners are
elected in each county for two years.
Executive. The governor is elected for two years; must




SYNOPSIS OF THE STATE CONSTITUTIONS.     035
be thirty years of age; have been a citizen of the United
States twenty years, and a resident of the state five years;
and may not hold the office more than four years in any
term of six years. No lieutenant-governor.
A secretary of state, a treasurer) and an auditor of public accounts, are elected for two years.
Amendments are proposed by two-thirds of both branches
of the legislature, and ratified by the people at the next
election.
Miscellaneous Previsions. Persons denying the being of a
God, or a future state of rewards and punishments, are disqualified for civil office. Laws for borrowing money on the
credit of the state, or pledging the faith of the state for the
payment of a loan or debt, must be agreed to by two successive legislatures: provided, however, that a million and
a half of dollars may be borrowed and vested.in stock reserved to the state by the charter of the Planters' Bank.
No act for emancipating slaves without consent of owners
may be passed, nor for preventing immigrants from -bringing their slaves into the state; but slaves may not be introduced into the state as merchandise, or for sale; and
actual settlers may purchase them in other states and bring
them into this state. Owners of slaves may be permitted
by law to emancipate them, saving the rights of creditors,
and preventing the slaves from becoming a public charge.
Schools and the means of education are forever to -be encouraged.
ILLINOIS.
THIs state was admitted into the union in 1818. A new
constitution, the present one, was formed in 184T7.
Legisla-t7re. General assembly, consisting of a senate and a
house of representatives. Representatives are elected for
two years; must be twenty-five years of age; inhabitants
of the state three years, and of the county or district one
year; and must have paid a state or county tax. Senators
are elected for four years, one-half every two years; must
be thirty years of age, citizens of the United States; five




336                 CITIZEN'S MANUAL.
years inhabitants of the state, and one year in the county
or district; and must have paid a state or county tax. The
senate is to consist of twenty-five members; the house of
seventy-five., When the population of the state shall amount
to 1,000,000, five members may be added to the house, and
five additional members for every 500,000 inhabitants thereafter; but the number is never to exceed one hundred.  One
senator only is allowed to each senatorial district, and not
more than three representatives to any representative district. Cities and towns having the requisite population,
maybe erected into separate districts. Apportionments are
made after each census, taken in 1855, and every ten years
thereafter.
Legislature meets biennially on the first Monday of January. Bills are passed against the veto by a majority of all
the members elected to each house. If not returned within
ten days, they become laws, unless their return is prevented
by adjournment; in which case they must be returned on
the first day of the meeting of the legislature after the expiration of the said ten days, or be laws.
Executive. The governor is elected for four years, and is
eligible only four in eight years. He must be thirty-five
years of age, and have been a citizen of the United States
fourteen years, and ten years a resident of the state. A
lieutenant-governor.
A secretary of state, and an auditor of public accounts
are elected for four years, and a treasurer for two years.
Judiciary. A supreme court, circuit courts, county courts,
and justices of the peace. Also inferior local courts may
be established in the cities by the legislature.  The supreme
court consists of three judges, one in each of the three
grand divisions, elected by the voters thereof, for the term
of nine years, one judge to be elected every three years; and
the judge having the oldest commission, to be chief-justice.
The legislature may provide for their election by the whole
state. Circuit judges are elected for six years, one in each
of the nine judicial districts, the number of which may be
increased, if necessary. A circuit court is to be held two
or more terms annually in each county. A judge of the
county court is elected in each county for four years. He
has also probate jurisdiction. All judges must be citizens
of the United States; must have resided in the state five




SYWOPSIS OF THE STATE CONSTITUTIONS.       331
years, and in the district or county two years. Judges of
the supreme court must be thirty-five years of age; circuit
judges thirty years.
Justices of the peace are elected in each county, by districts, for four years.
A state's attorney is elected in each judicial circuit, for
four years; or, if the legislature shall so direct, in each
county, for such term  as may be prescribed by law. In
each county a clerk of the circuit court is elected for four
years, and a sheriff for two years, who is eligible only once
in four years; supreme court clerks by the electors in each
division, for six years.
Electors. White male citizens, twenty-one years of age,
having resided in the state one year. The legislature may,
in case of necessity, levy upon every legal voter under sixty
years of age, a poll or capitation tax of not less than fifty
cents, nor more than one dollar.
Amendments. The question of calling a convention is to be
submitted to the people by previous recommendation of the
legislature, concurred in by two-thirds of all the members
of both houses. If a majority of the electors voting fbr
representatives shall vote for a convention, an act shall be
passed for calling the same. Amendments made without
calling a convention, must be proposed by one legislature,
two-thirds of all the members of both houses concurring,
and approved by the'next legislature, a majority of all the
memnbers of each of the two houses agreeing to the same,
and ratified by the electors of the state at the next general
election.
l/lfiscellaneoms Provisions. Corporations not possessing banking powers, may be formed under general laws; but not by
special a6ts, except for municipal purposes, and when the
objects of the corporation can not be attained under general
laws. No state::.aIk may hereafter be created; nor may
the state own stock in any banking concern. Stockholders
in banking associations are individually liable to the amount
of their respective shares. Acts authorizing such associations shall inot go into effect, unless they have been submitted to the-electors of the state) and approved by them at
an election.  A tax of two mills on the dollar shall be collected annually, and kept as a separate fund, for the payment of state indebtedness, other than canal and school
1.5




9338 9             CITIZEN S MANUAL.
indebteldness,  The corporate authorities of counties, town.
ships, school districts, cities, towns, and villages, may be
vested with power to assess and collect taxes for corporate
purposes.
ALABAMA.
TmIs state was admitted into the union in 1819, with its
present constitution.
Legislatun'e, called the general assembly, consisting of a senate
and a house of representatives. Representatives are apportioned among the counties according to the number of free
white inhabitants.  Cities or towns having a lreprese-ntative
population equal to the ratio, may have a separate representation.  Representatives are chosen biennialiy; and
must be twenty-one years of age, residents of the state two
years, and of the county, city, or town for which they are
chosen, one year.  Senators are chosen in districts, (one
in each district,) for four years, one-half of them every two
years; must be twenty-seven years age; residence the
same as representatives. The number of representatives
may not be more than one hundred; the number of senators not more than thirty-three.
Sessions are held annually. Bills are passed against the
veto, by majorities of all the members elected to each house.
If a bill is not returned by the governor within five days, it
is a law, unless its return is prevented by adjournment.
Electors. White male citizens, twenty-one years of age,
having resided in the state.one year, and in the county, city,
or town, three months.
ELecutive. The governor is elected for two years, and is
eligible four years in any term of sixyears. He must be
thirty years of age, a native citizen of the United States,
and a resident of the state four years. No lieutenant-governor.
A secretary of state biennially, and a treasurer and a controller of public accounts annualy, are chosen by joint vote
of both houses.




SYNOPSIS OF TIIE STATE CONSTITUTIONS.      339
Jndzcza'y. A supreme court; circuit courts, to be held in
each county; and inferior courts of law and equity to be
established by the general assembly.  Judges of the supreme court and chancellors are chosen by the legislature
for six years; judges of the circuit and inferior courts by
the people, for the same term.  A competent number of
justices of the peace, and a sheriff, are elected in each
county.
An attorney-general for the state, and the requisite number of solicitors, are elected by joint vote of the general assembly, for four years.
Education. The funds which are raised from the lancds
granted by the United States for the use of schools within
each township, and from the lands granted for the support
of a state university, are to be strictly applied to these'objects.
Banks. One state bank with branches is authorized.
After the establishment of a state bank, existing banks may
be admitted as branches thereof. At least two-fifths of the
capital stock of the state bank must be reserved for the
state. The state is also to have a proportion of power in
the direction of the bank, at least equal to its proportion of
stock therein. The state and the individual stockholders
are liable, respectively, for the debts of the bank, in proportion to their stock. Banks may not commence operations,
until half of the capital stock subscribed for is paid in gold
and silver, which amount is in no case to be less than
$100,000.
Slaves. No law may be passed for emancipating slaves
without the consent of their owners, or without paying their
owners. Emigrants to the state shall not be prohibited
from bringing their slaves with them; but the bringing of
slaves into the state as merchandise may be prohibited.
And laws may be passed to permit.owners to emancipate,
saving the rights of -'reditors, and preventing their becoming a public charge.
Am.endments are proposed by one legislature, approved by
the electors at the next election for representatives, and
ratified by the next legislature; majorities of two-thirds of
each house being in both cases required.




310                CITI ZEN'S MANUAL
M ISSOURI.
THIS state was admitted into the union in 1821. The
present constitution was adopted in 1820. It has been
several timnes amended..
Legislatrse. A senate and a house of representative, together styled the general assembly. Representatives are chosen
for two years, and are apportioned among the counties according to a ratio ascertained by dividing the number of free
white inhabitants of the state by one hundred and forty.
A. county lhaving said ratio, or less, has one representative;
having said ratio and a fraction of three-fourths, two representatives. The more populous counties have less representatives than one for each such ratio. Representatives
are to be citizens, twenty-four years of age, residents of the
state two years, and of the counties or districts they represent, one year, and to have paid a state or county tax within the year. Senators, not to be less than twenty-five nor
more than thirty-three, are chosen in single districts, for
four years, one-half every two years. Qualifications: age,
thirty years; residence in the state, four years; in the
district, one year; payment of a state or county tax.
Sessions of the legislature are held biennially, and limitecd to sixty days. Bills, to become laws against the executive veto, must be passed by majorities of all the members
elected.  General elections biennially, the first Monday in
August.
Electors. Free white male citizens, twenty-one years of
age, having resided in the state one year, and in the county
or district three months.
Ezecmitive-a governor elected for four years, who is ineligible thb next four; must be thirty years; have been a
citizen of the United States ten years, and of the state five
years. A lieutenant governor.
A secretary of state, an auditor of public accounts, a
treasurer, an attorney-general, and a register of lands, are
chosen by the electors of the state for four years.
J.udiciary. The judicial power is vested in a supreme
court, circuit courts, county courts, justices of the peace,
and such other tribunals inferior -to to the  ircuit courts, as the




SYNOPSIS OF THE STATE CONSTITUTIONS.       341
general assembly sha,ll establish.  The supreme court consists of three judges, elected for six years by the qualified
voters of the state. In each of the ten circuits, (the number
of which might not be increased until after ten years,) is a
circuit judge, chosen by the electors of the circuit, for six
years. Judges of the supreme and circuit courts must be
thirty years of age, and have resided in the state five years.
In each county is a county court.. Justices of the peace
are elected in the several townships., Clerks of the circuit
and county courts are chosen by the electors of the coun.
ties, for six years.
-Education. The proceeds of all the lands granted by congress for the support of schools, the income of the United
States deposit fund, and of all other sources of: revenue designed for this object, are to be strictly appropriated. The
legislature is enjoined to provide means for the support of
free public schools throughout the state, by taxation on property, and by capitation tax, or otherwise.
State Debts. The entire indebtedness of the state contracted under this constitution, may not at any time exceed
$25,000, except in cases of war, insurrection, and invasion,
unless the creation of a debt proposed by the legislature,
for a specified purpose, shall be approved by the electors of
the state, nor unless means shall be provided by taxation
for the payment of the debt within twenty years.
Slaves. The legislature may not pass laws for emancipating slaves without the consent of their owners, and without
compensation, and removing them out of the state; nor to
prevent infimigrants and actual settlers from bringing slaves
illtO the state fiom other states and territories.  Laws may
be passed to prohibit the introduction of slaves as merchaldise, and to permit owners to emancipate their slaves, saving the rights of creditors, and security being given for the
immediate removal of the emancipated slaves out of the
state. And the legislatur is enjoined to pass laws, as soon
as may be, to prevent free negroes from coiningl to and settling in the state; provided that such measure shall not be
construed lo conflict with the 1st clause, 2d section, 4th
article of the constitution of the United States.
Amendnzents may be proposed in 1850, and every fourth
year thereafter, by a majority of the whole of each house;
and they take effect when ratified by the electors of the state.




342                CITIZEN'S -MANIUAL.
Al TKANSAS.
IN 1836, this state was admitted into the union witht its
present constitution, which was slightly amended in 1845.
Electors. All free white male citizens, twenty-one years of
age, who have been citizens of the state six months, and
actual residents of the counties in which they offer to vote.
Legislatur'e. General assembly, consisting of a senate and a
house of representatives. Representatives are elected for
two years; must be twenty-five years of age, and residents
of the counties they represent. Their number may not be
less than fifty-four, nor more than one hundred. They are
apportioned among the counties, according to the number
of free white male inhabitants, taking 500 -as the ratio
and when the number of representatives shall amount to
seventy-five, there is to be no further increase until the
population of the state shall amount to 500,000 souls.Senators are chosen in single districts for four years, onehalf, as near as may be, every two years; the number
never to be less than seventeen, nor more than thirty-three,
apportioned upon the basis of the free white male inhabitants, the ratio being 1,500 until the number is twenty-five;
after which the ratio is to be such asnot to increase the
number of senators until the population of the state shall
amount to 500,000. Senators must be thirty years, inhabitants of the state one year, arid actual residents, of the districts they represent.
Legislature meets biennially.  General elections are viva
voce, until otherwise directed by law, and are held every two
years on the 1st Monday of October; until altered by law.
Bills are passed against the veto by a majority of the whole
of each house. They are to be returned within three days,
or they become laws, unless their return is prevented by
adjournment.
Executive. A governor is elected for four years, and is
ineligible more than eight in any term  of twelve years.
Qualifications: age, thirty' years: residence in the state
four years; a native born citizen of Arkansas, or a native
born citizen of the United States, or a resident of Arkansas




SYNOPSIS OF TE-I STATE CONSTITUTIONS.      343
ten years previous to the adoption of the constitution, if not
a native of the United States. No licuteinant —governor.
A secretary of state for four years, and an auditor and a
treasurer for two years, are elected by a joint vote of both
houses.
Judiciary. A supreme court, circuit courts, county courts,
and justices of the peace. Corporation courts and courts
of chancery may be established by the legislature. The
supreme court is composed of three judges, elected by joint
vote of the assembly for eight years; one to be elected
every four years, one every six, and one every eight years.
They are to be thirty years of age. Each circuit is to contain not less than five nor more than seven counties, for
which a judge is elected by the general assembly, for four
years, who must be twenty-five years of age. There is in
each county a county court held by the justices of the peace,
who elect a presiding judge, for two years. This court has
jurisdiction in matters relating to county taxes, disbursements of money for county purposes, and other local concerns
of the county. The presiding judge is also judge of probate.
Justices of the peace are elected in the townships. for two
years. They have civil jurisdiction in actions when the sum
claimed is $100 or under, and in penal offenses less than
felony.
An attorney of state is elected in each judicial circuit for
two years.
A sheriff, a coroner, a treasurer, and a county surveyor,
are elected in each county, for two years.
Education. The legislature is required to provide for improving the lands granted to the state by the United States
for the use of schools, and to apply the proceeds to the intended object; also to pass laws to encourage intellectual,
scientific, and agricultural improvements.
Slaves. Laws shall not be passed for emancipating slaves
without consent of the owners; nor -to prevent immigrants
from  bringing their slaves with them.  Laws may be
passed to permit owners to emancipate, saving the rights
of creditors, and preventing the freed slaves from becoming
a public charge; axed laws may be passed to prevent slaves
from being brought into the state as merchandise.
Badnks. The constitution authorized a state bank withl
branches, which was to be the repository of the state funds,




344                CITIZEN'S MANUAL.
and, was to loan out the funds to the people of the counties
in proportion to representation; and another banlking institution designed to aid the agricultural interests; and the
credit of the state might be pledgced to raise the funds of
these banks, provided the individual stockholders should
guaranty the state against loss. One of the amendments
adopted in 1846, prohibits the incorporation, thereafter, of
any banking institution in the state.
Amendments may be made by two successive legislatures,
two-thirds of each of the two houses concurring in the same.
Other Provisions. Persons who deny the being of a, God
may not hold civil offices, nor be witnesses in courts. No
poll-tax may be assessed for any other than county purposes. All revenue is to be raised by taxation.
M I CH E I GA N.
TRIS state was admitted into the union in 1836. The
present constitution was adopted in 1850.
Legislature. Senate and house of representatives. The
senate has thirty-two members, who are elected for two
years in senate districts; that is, a single senator in each
district.  Representatives, not less than sixty-four, nor more
than one hundred, are also elected in single districts, for
two years. Apportionments of members are made after
each enumeration, taken in 1854, and every ten years thereafter. Any qualified elector holding no other, office, is
eligible to either house.
Sessions of the legislature are biennial, commencing the
1st Wednesday of January. Members receive ten cents
for every mile traveled to and from the place of meeting,
and three dollars a day for the first forty days of each regular session, and nothing thereafter; and the same for
twenty days of. each extra session. No pay but for actual
attendance, except when absent on account of sickness.Newspapers and stationery, not exceeding five dollars in
value, are allowed to each member. The passage of bills
requires a majority of all the members elected to each house.
Majorities of two-thirds of all the members elected are




SYNOPSIS OF TIIE STATE CONSTITUTIONS.      3145
necessary to pass bills against the veto. Bills not returneOd
by the governor within ten days, become laws, unless their
return is prevented by adjournment. Acts passed within
the last five days of a session, may be signed by -the governor and filed by him in the office of the secretary of state
within five days after the adjournment; and the same become laws.
Ezecutive. The governor is elected for two years.  He
must be thirty years of age; have been a citizen of the
United States five years, and a resident of the state two
years. A lieutenant-governor.
Judiciary. One supreme court, circuit courts, a probate
court, and justices of the peace. For six years, and until
the legislature otherwise provide, the circuit judges are to
be judges of the supreme court. After six years, a supreme
court may be organized, consisting of a chief-justice and
three associate justices, to be chosen by the electors of the
state for eight years, and to be so classed that only one of
them shall go out of office at a time.  The supreme court
holds four terms annually. A circuit judge is elected in
each of the eight judicial circuits for six years. The number of circuits may be increased. A circuit court is to be
held at least twice in every county annually; in counties
containing 10,000 inhabitants, four times. The judge of
the probate court of each county is elected for four years.
Justices of the peace, not exceeding four in each township,
are elected in the several townships for four years.
Electors. White male citizens, twenty-one years of age,
who have resided in the state three months, and in the township or ward ten days. Also foreigners after a residence
of two and a half years in the state, and a declaration of
their intention to become citizens; and civilized male inhabitants of Indian descent, are electors.  General elections
are held biennially on the Tuesday succeeding the first Monday of November.
A secretary of state, a superintendent of public instruction,
a treasurer, a commissioner of the land-office, an auditorgeneral, and an attorney-general, are elected for two years.
There are chosen in each county, a sheriff, a county clerk,
a county treasurer, a register of deeds, and a prosecuting
attorney, all for two years.  The sheriff can hold the offiee
no longer than four in a period,of six yeam'. The board of
15*




346                CITIZEN'S MANUAL.
supervisors may unite the offices of county3 clerk and register
of deeds in one office.
Ed2ucation. The constit ltionl pledges' to the support of
schools, the proceeds of the lands granted by the: United
States, and of all the lands and other property given by
individuals or appropriated by the state for like purposes.
The legislature is required to provide for keeping a school,
without charge for tuition, at least three months in each
year in every district. Three members of a state board of
education are elected for six years, one every two years.
The- superintendent of public instruction is ex-officio a member and secretary of the board. The state normal school is
placed under the supervision of this board. Institutions for
instructing the deaf and dumb are also to be supported.
An agricultural school also is provided for.
State Debts, Jc. The state may contract debts not exceeding, at any one time, $50,000, to meet deficits in revenue.
The credit of the state may not be granted to, or in aid of,
any person or corporation.  No scrip, certificate, or other
evidence of state indebtedness, shall be issued, except to
redeem stock previously issued, or for debts authorized in
the constitution.  The state shall not hold stock in anly
company, nor be interested in any. work of internal improvement, except in the expenditure of grants to the state of
land or other property.
Co'poratiovs, except for municipal purposes, shall not be
created by special acts, but may be formed under general
laws. Banking laws shall not take effect until approved
by the electors at an election.  Stockholders of banking
corporations are individually liable for all debts contracted
during the time they were stockholders.  Security must be
given by banks for all their bills issued; and in case of insolvency, billholders have preference in payment. The suspension of specie payments shall not be sanctioned by law.
Amendments are proposed by two-thirds of all the members
of each branch, and ratified by a: majority of the electors
voting thereon at the next general election. In 1866, and
every sixteenth year thereafter, and at such other times as
the legislature shall provide, the question of a general revision of the constitution by a convention shall be submitted
to the electors of the state.
Other Provisions. No law may be passed authorizing the




SYNoutSIS OF TIHE STATE CONSTITUTIONS.       347
granting of license for the sale of intoxicating liquors.  No
person shall be rendered incompetent as a witness on account of his religious belief.
F L O R ID A.
THIS state was admitted into the union with its present
constitution, by act of congress of March 3, 1845.
Exzecutive. The governor is elected for four years, and is
ineligible for the next term. Age, thirty years; citizen of
the United States; resident of the state five years. No
lieutenant-governor.
A secretary of state is elected by the people for four
years; a treasurer and a controller of public accounts, for
two years.
Legislature. A senate and a house of representatives, styled
the general csscnibl/.  Representatives  are apportioned
among the counties according to the number of fiee white
inhabitants, and thre.e-fifths of the slaves; the number not
to ex.ceed sixty.  They are elected biennially.  Qualifications: age, twenty-one years; citizenship; residence in
the state two years, and in the county one year.  Senators
are elected in districts, at least one in each district; the
number to be not less than one-fourth, nor greater than
one-half of the number of representatives.  They are chosen
for four'years, — one hif every two years.  Age, twentyfive years; other qualifications the same as those of representatives.
The legislature meets biemnially on the 4th Monday in
November; the time alterable by law. Bills become laws
against the veto by majorities of all the members elected
to both houses.
Judiciary. -A supreme court, courts of chancery, circuit
courts. and justices of the peace. The supreme court consists of three judges, elected by the people, for six years;
and holds four sessions anniually. The state is divided
into four circuits, eastern, middle, western, and southern;
and a judge is elected in each judicial circuit for six years,




348                CITIZEN'S MANUAL.
who presides in the courts held in his circuit.  Justices of
the peace for each county are appointed or elected as the
general assembly may direct.
An attorney-general is elected by joint vote of the two
houses, for four years. The clerk of the supreme court, the
clerks of the courts of chancery, and a solicitor for each
circuit, are elected by the general assembly; the clerks of
the circuit courts, by the electors of the circuits.
Electors. White male citizens, twenty-one years cf age;
residents of the state two years, and of the county six
months; who are enrolled in the militia, unless by law exempted from serving. The general assembly is required
to provide for registering the qualified electors of each
county.
Education. The proceeds of all lands granted by the
United States for the use of schools, are to be a perpetual
fund, the interest of which is to be appropriated exclusively
to that object.
Bagks, 4c. No bank charter may be granted for more than
twenty years; nor may it be extended or renewed. The
capital of a bank shall not exceed $100,000; and dividends
shall not be made exceeding ten per cent. a year; stockholders are individually liable; and no note may be issued
for less than five dollars. Thle credit of the state may not
be pledged in aid of any corporation.
Slaves. No laws shall be passed to emancipate slaves,
nor to prevent immigrants from bringing their slaves with
them. Laws may be passed to prevent free negroes from
immigrating to the state, or from being discharged from
any vessel in any oil the ports of Florida.
Amendmienlts, A convention may be called by the general
assembly, two-thirds of each house concurring. Alterations
may be made by the asserit of two successive legislatures,
two-thirds of each house concurring.
Other Provisions. No minister of the gospel is eligible to
the office of governor, or to a seat in the legislature. All
bank officers also are thus disqualified while holding such
offices, and for a year after they cease to hold the same,




SYNOPSIS OF THE STATE CONSTITUTIONS,       349
TEXAS.
TEXAS, formerly a part of Mexico, declared itself inde pendent in 1835. By a joint resolution of congress, approved
December 29, 1845, this independent republic was admitted
as a state into the union.
Electors. Free white male citizens over twenty-one years
of age, who were at the time of the adoption of the constitution by congress citizens of the republic of Texas, and
who have resided in the state one year, and the last six
months within the district, city, or town, in which they offer
to vote. And if an elector happens to be in any other
county within his district, he may there vote for any district
officer; and he may vote any where in the state for state
officers.
Legislature. A senate and a house of representatives. Representatives, the number of whom shall not be less than fortyfive, nor greater than ninety, are apportioned among the
counties according to the free population, and elected for
two years. They must be twenty-one years of age, and
have been inhabitants of the state two years, and the last
year of the county, city, or town they represent. Senators,
not less than nineteen nor more than thirty-three, are elected
in districts, for four years, one-half every two years; must
be thirty years of age;. inhabitants of the state three years,
and of the district one year.
The legislature meets biennially. Bills negatived by the
governor, become laws when passed by two-thirds of both
houses; or if bills are not returned within five days, they
beecrme laws. Ministers of the gospel are ineligible to the
legislature.  Quorum, two-thirds.
Jftdiciary. A supreme court, district courts, and such inferior coarts as the legislature may establish. The supreme
court consists of a chief-justice and two associates, and has
appellate jurisdiction chiefly. It holds sessions once a year
in not more than three places ill the state. District courts
are held by the judge of each judicial district, at one place
in each county, at least twice a year. The judges of both
the supreme and district courts are elected by the people
for six years.




350                CITIZEN'S MANUAL
There are elected in each county a convenient number of
justices of the peace, one sheriff one coroner, and a sufficient
number of constables, all for two years.  The sheriff is eligible only Iour years in six. Also a clerk of the district
court for each county is elected for four years.
]Executive. The governor is elected for two years; is eligible four years in every six.  Qualifications: age, thirLy
years; state residence, three years; a citizen of the United
States, or' a citizen of the'state of Texas at the time of the
adoption of the constitution.  A lieutenant-governor.
A treasurer, a controller of public accounts, and an attorney-general, are elected by the qualified electors of the
state for two years.  A secretary of state is appointed by
the govenor and senate, to hold during the official term of
the govenor.
Amendments of the constitution are proposed by two-thirds
majorities of the legislature, approved by the electors at the
next general election, and ratified by majorities of two-thirds
of both houses of the next legislature.
Slaves. The legislature may not pass laws for the emancipation of slaves without consent of their owners, nor without compensation; nor laws to prevent immigrants from
brngiing their slaves with them.  Laws may be passed permitting owners to emancipate, saving the rights of creditors,
and preventing the freed slaves from becoming a public
charge; also laws prohibiting their introduction as merchandise only.
Education. The legislature is required to establish, as
early as practicable, free schools throughout the state, to
be supported by taxation; one-tenth of the annual revenue
derivable from taxation, and the proceeds of all public lands
granted for public schools, to be a permanent fund for the
support of free public schools.
I OWA.
THE state of Iowa was admitted into the union by an act
of congress approved December 28, 1846.
Electors. White male citizens of the age of twenty-one




SYNOPSIS OF TIHE STATE CONSTITUTIONS.       351
years, who have resided in the state six months, and in the
county twenty dlays, are entitled to the right of suffrage.
Legislature. The two houses are called the general assernbly.
Members of the house of representatives are elected in their
respective districts, for two years; and their number (since
the population of the state amounted to 175,000) may not
be less than thirty-nine, nor exceed seventy-two.  A representative must be twenty-one years of age; a free white male
citizen of the United States, an- inhabitant of the state one
year, and an actual resident for thirty days in the county
or district which he is chosen to represent.  Senators, in
number not less than one-third nor more than one-half of
the number of representatives, are elected for four years,
one-half every two years. They are to be twenty-four years
of age; in other respects qualified as representatives.
Election, 1st Monday in August.
Sessions are held biennially, commencing the first Monday
of December next after the election. Bills negatived by the
governor, must be repassed by two-thirds majorities of the
members present in each house, to become laws. If bills
are not returned within three days, they are laws though
not signed by the governor, unless their return is prevented
by adjournment.
Execuztive. The governor is elected for four years.  To be
eligible, he must have been a citizen of the United States,
and a resident of the state, two years, and must be thir~ty
years of age.  No lieutenant-governor.  In Utse of vacancy
in the office of governor, the office devolves upon the secretary of state, until the vacancy shall be filled.
A secretary of state, an auditor of public accounts, and a
treasurer, are elected by the electors of the state for two
years.
Judcliciary. A supreme court, district courts, and such inferior courts as the legislature. may establish. The supreme
court consists of a chief-justice and two associates, elected
by joint vote of the two branches, and hold for six years.
This court has appellate jurisdiction only in all cases of
chancery, and constitutes a court for the correction of errors
at law. Each district court consists of a judge, elected by
the voters of the district, for five years. District judges
are chosen at the township elections.  A prosecuting attor



352               CITTZEN'S MANUAL.
Hey and a clerk of the district court, are elected in each
county at the general election, for two. years.
State Debts. The debts of the state shall at no time
exceed $100,000, except in case of war, invasion, or insurrection, unless authorized by some law for a single object,
which law is to provide for the payment of the debt without
loans within twenty years; and before it takes effect, must
be approved by the electors at a general election.
Corporations. No bank or moneyed corporation is to be
hereafter authorized. Other corporations are to be created
only by general laws, except for municipal or political
purposes. The state may not be a stockholder in any corporation.
Education. A superintendent of public instruction is elected by the people for three years. The proceeds of all lands
granted to the state by the United States for the support
of chools, and such other property as has been or may be
granted for this purpose, are pledged as a perpetual fund,
the' interest of which is to be strictly appropriated to the
support of common schools. The general assembly is enjoined to provide for keeping up a school in each district
for at least three months in every year.
Amendments of the constitution are provided for only by a
convention. When the legislature thinks it necessary to
revise or amend the constitutionr, provision shall be made
by law for a vote of the people for or against a convention,
at the next ensuing election for members of the legislature.
If a majority of the votes are in favor of a convention, an
election of delegates is to be held within six months.
WISC ONSIN.
THIS stale was admitted into the union by act of congress,
May 29, 1848.
_Electors. White male citizens, orforeigners who have declared their intention to become citizens, having resided in
the state one year; also civilized persons of Indian descent,
not members of any tribe.




SYNOPSIS OF THE STATE CONSTITUTIONS.       353
Legislutr'e. A. senate and an assembly. The number of
members of the assembly is not to be less than fifty-four, nor
greater than one hundred. They are elected annually. The
number of senators may not be less than one-fourth, nor
greater than one-third, of the number of members of assembly. They are chosen for two years, one-half every year.
The qualifications of members of both houses are the same,
a resident of the state one year, and a qualified elector in
the district., Both are chosen in single districts, and are
to be apportioned every five years, namely, after each decennial census of the United States, and after each intervening state census. Election, the Tuesday next after the
1st Monday of November.
Annual sessions commence at a time fixed by law. Bills
are passed over the governor's veto by majorities of twothirds of both branches. Compensation of members is $2,50
for each day's attendance, and ten cents for every mile
traveled- going and returning by the usual route.
Execative. The executive power is in a governor elected
for two years.  To be eligible to the office of governor or
lieutenant-governor, a person must be a citizen of the United
States, and a qualified elector of the state.
A secretary of state, a treasurer, and an attorney-general,
are elected for two years.
Sheriffs, coroners, reogisters of deeds, and district attorneys, are elected in their respective counties, once in two
years. Sheriffs are ineligible for the next two years.
JTdiciiary. A supreme court, circuit courts, courts of probate, and justices of the peace. Inferior courts, with limited civil and criminal jurisdiction, may be established by
the legislature in the several counties. The supreme court,
except in certain cases, has appellate jurisdiction only. By
the constitution, the judges of the circuit courts were to be
judges of the supreme court, for five years, and until -the
legislature should otherwise provide; and authority is given
to the legislature to organize a separate supreme court, to
consist of a chief-justice and two associate justices, elected
by the electors of the state for six years; one only to be
elected at a time. The circuit judges also, one in each
judicial circuit, are elected for six years. Judges are to be
twenty-five years of age, and qualified electors. The supreme court shall hold at least one term annually at the




CITIZEN'S MANUAL
seat of goveinment, and at such other places as the legislature may provide. A circuit court is to be held at least
twice a year in each county.
A judge of probate is chosen in each county for two
yea rs; but the legislature may abolish the office, and confer probate powers on inferior county courts. Justices of
the peace are elected in the several towns, cities and villages, for two years.
Educationt. A superintendent of public instruction is
elected by the electors of the state. The proceeds of the
lands granted by the United States, the proceeds of fines
and forfeitures, and moneys arising from grants to the state
for no specified purpose, are to be a school fund, the interest
of which is to be applied to the support of common schools
in each school district, and of academies and normal schools.
The legislature is required to provide for establishing district schools, fiee of charge for tuition, to all children between the ages of four and twenty years. Each town and
city shall raise by tax, annually, for school purposes, at least
half as much as it receives from the school fund.
Coporations without'banking powers may be formed only
tunder general laws, except for municipal purposes, and
when the objects of the corporation can not be attained under general laws. The power of cities and villages to assess
taxes and to contract debts, is to be restricted. The legislature may not incorporate any bank corporation, until the
question of "bank or no bank" shall have been submitted
to the voters of the state, and a majority of those voting
shall have voted in favor of banks; in which case a general
banking law may be passed.
State Debts, 4c. The credit of the state may not be loaned
in aid of an'individual or corporation. The state may not
contract any public debt, except for extraordinary expenditures; but such debt may not exceed $100,000; and the
law authorizing it shall provide for paying the same by taxation within five years. Money may also be borrowed to
repel invasion, suppress insurrection, and defend the state
in time of war.
Anmendmeents are to be approved by majorities of the whole
of each house of two successive legislatures, and ratified
by the electors of the state: Also if the legislature shall
deem it necessary to revise or change the constitution, it




SYNOPSIS OF THIE STATE CONSTITUTIONS.      355
may recommend to the electors tLe question of calling a
convention; and if a majority shall vote in favor of a convention, the legislature shall at the next session provide for
calling the same.
C ALIFORNIA.
THE constitution of this state was adopted November 13,
1849; and the state was admitted into the union by act of
congress, dated September 9, 1850.
Electors. White male citizens of' the. United States, and
white male citizens of Mexico having elected to become
citizens of the United States under the treaty of peace, of
the age of twenty-one years, who have resided in the stato
six months, and in the county or district thirty days. Also
Indians, or the descendants of Indians, may be admitted to
the right of suffrage, in special cases, by'a concurrent vote
of two-thirds of the legislature.
Legislature. Senate and assembly. Members of assembly,
the number to be not less than thirty nor greater than
eighty, are chosen annually by districts. Senators, not less
than one-third nor more than one-half of the number of
members of assembly, are elected by districts for two years,
one-half every year. Members of both houses must have
resided in the state two years, and in their respective districts one year, and be qualified electors. They are apportioned under the census taken by the United States every_
ten years, and the state census taken five years thereafter.
Election the Tuesday next after the 1st Monday of Novembtr.
Sessions of the legislatureare held annually, commencing
the 1st Monday of January. Bills are passed against the
veto by a majority of two-thirds of each house. Bills become laws if not returned by the governor within ten days,
unless the legislature shall sooner adjourn.
Executive. A governor and lieutenant-governor are elected
for two years. They must be twenty-five years of age, and
have resided in the state two years.
A secretary of state, a controller, a treasurer, an attor



356                CITIZEN'S MANUAL.
ney-general, and a surveyor-general, are elected for two
years by joint vote of both houses.
Judiciary. The judicial power is in a: s'upreme court, disT
trict courts, county courts, justices of the peace, and such
municipal and other inferior courts as the legislature may
establish.  The supreme court consists of three judg'es,
elected by the electors of the state for six years, one every
two years; the senior justice in commission to be chiefjustice. The district judges are elected by the electors of
their respective districts for six years. A judge of the
county court is elected in each county for four years, and
performs also the duties of judge of probate. The number
of justices of the peace elected in each county, city, town,
or village, is fixed by law.
The legislature is required to provide for election by the
peopile, of a clerk of the supreme couirt, county clerks, dlistrict attorneys, sheriffs, coroners, and other necessary
officers.
State Debts. The legislature shall not create debts exceeding, in the aggregate, $300,000, except in cases of war, invasion, or insurrection, unless authorized by a law for some
single object orwork distinctly specified; which law shall
provide means, without loans, for paying the debt within
twenty years, and, before taking effect, shall be submitted
to the people at a general election, and shall have received
the votes of a majority of those voting on the question.
Corporations may be formed under general laws, but may
not be created by special act, except for municipal purposes.  No banking institution issuing paper to circulate
as money shall be chartered.  Each stockholder of a corporation or a joint stock company, shall be individually liable
foy his proportion of its liabilities.'Educationz. [The constitutional provisions on this subject
appear to have been copied from the constitution of Iowa,
which see.]
Amzendmnents must be agreed to by majorities of all the
members of each house of two successive legislatures, and
ratified by the people. If, in pursuance of a previous recommendation of two-thirds of the two houses, the people
shall vote in favor of a convention for a general revision of
the constitution, the legislature shall accordingly provide
for calling such convention.




SYNOPSIS OF THE STATE CONSTITUTIONS.       357
MIN NE SO TA.
TuIs state was admitted into the union in 1858.
Elector's. White male citizens of the United States,
twenty-one years of age, having resided in the United
States one year, and in the state four months next preceding any election, are voters. Also white persons of
foreign birth, having like qualifications as to age and
residence, who shall have legally declared their intention
to become citizens; and persons of mixed white and Indian blood, and of Indian blood, under certain regulations.
Legislcature. A senate and a house of representatives.
The first legislature is to consist of thirty-seven senators
aiw1 eighty representatives.
E:recLtive. A governor and a lieutenant governor are
elected for two years.
A secretary of state, a treasurer, and an attorney-general, are elected for two years, and a state auditor for
three years.
Judliciary. The judicial power is vested in a supreme
court, district courts, courts of probate, justices of the
peace, and such other courts inferior to the supreme court,
as the legislature may establish by a two-thirds vote.  All
judges and justices are elected by the people.
Otler Povisions.  Slavery is prohibited. A  general
banking law may be passed by majorities of two-thirds of
both houses. The compensation of members is fixed at;3 a day. St. Paul is to be the seat of government, until
elsewhere located by the legislature.
R E I A R K S.
A comparison of the present with the early state constitutions, shows a material change of sentiment on many
subjects since the first establishment of state governments.
One of these subjects is the rie'ZW of sifrage.  In many
of the states, in the election of members of the legislature or of the governor, and in some states of both, none
but freeholders were allowed to vote.  In some states the
lower house was elected by unrestricted suffirage, while
the senate, which was c)nsidered rather as rcpreteutiig




358                CITIZEN'S MANUAL.
the aristocracy or wealth of the state, was elected by freeholders. At present, no property qualification is required,
except in North Carolina, in the election of senators; in
Rhode Island, where naturalized citizens are required to
own real estate worth $134, or that rents for $7 a year,
and in New York, where colored citizens must possess real
estate of the value of $250 to be voters. In several of the
states, the payment of a trifling tax is made a necessary
qualification.
The difference in the constitution of the two houses of
the legislature has been diminished. The senatorial term,
in many states, is shorter than it was generally under the
old constitutions, except in the New England states, where
short terms always existed. In states where formerly the
official term  of senators was three or four years, it has
been reduced to two; and the term of members of the popular branch has' in many states been changed from one
year to two years, making the terms of Both houses equal.
The classification of senators, too, with a view to having
portions of them going out and coming hilto office at different times, has been dispensed with in some states in which
it was formerly required.
The property qualification of members of the legislature
and governor, is less common than formerly. In most of
the states, the necessary qualifications of age, citizenship
and residence, are sufficient.  No state admitted since the
org-anization of the general government, has, we believe,
ever required a property qualification for governor or representative.
The plan which prevailed in the old colonial governments of -a council instead of a senate, was continued in
some states to a comparatively late period, but it has been
entirely superseded by a senate. There is still, however,
in the states of Maine, New Hampshire and Massachusetts,
* an executive council, which acts with the governor in the
granting of pardons, in the appointment of officers, &c.
The veto power also has, in many states, been essentially modified. Most of the old constitutions required
two-thirds majorities of both houses, (meaning, of course,
two-thirds of a quorum,) to pass bills agailist the objections of the governor. In most of the states, either bills
may be passed against the veto by majorities of all the




SYNOPSIS OF THE STATE CONSTITUTIONS.      359
members elected to each hlo:se, or they do not require the
governor's approval.
In some states, as will appear by reference to the constitutions, a majority of all the members elected is necessary to pass bills in the first instance. There is a manifest
propriety in this provision. When only a majority of a
quorum is required, a law may be passed by one vote more
than one-fourth of the number of the members of each house.
An essential change has also taken place in the appointment and tenure of office of judges. To secure the independence of the judges, and a wise selection, their appointment was devolved upon the executive, by and with
the advice and consent of the senate, or some advisory
council; or, as in some states, the appointment was given
to the legislature. And with a further view to their independence, they were to hold their offices during good behavior. Even justices of the peace were in many, perhaps
most of the states, thus appointed, though for specified
terms. But for many years the elective principle has been
gaining groundl.  In a majority of the states, all the
judges are now elected by the people for specified terms
The expediency of the change is doubted by many, but na
state, it is believed, has ever restored the old practice;
and it is by no means certain that the character and efficiency of the judiciary has suffered by the change.
Restraint upon the power to contract state debts is a
comparatively new  feature in state  constitutions.  So
deep5ly have some states involved themselves in debt by
borrowing money for state enterprises, and by loaning
their credit to insolvent corporations, that the people of
many of the states have thought it expedient, in their new
and amended constitutions, to limit the power of the legislature to contract debts to a specified amount, except for
certain purposes; and such amount of indebtedness shall
not be exceeded, unless the consent of the people shall be.
obtained at an election, or in some other way prescribed
by the constitution. This restriction has proved highly
salutary in many states. In a few instances, however,
it has subjected the people to the inconvenience of an
election, and even of aimending the constitution, to give
til legislature the necessary power to raise money for
lneedful purposes.




93 e0              CITIZEN'S MANUAL.
LIMI1TATION OF ACTIONS.
WHILE the courts of justice are open to every citizen who
may have occasion to resort to them for the enforcement of
his just rights and for the redress of injuries, the states
have by statute limited the time within which persons may
avail themselves of this privilege.  Hence, a statute of this
kind is called a statute of limitations.  As actions can not be
maintained unless they are commenced within the prescribed
periods, the effect of these laws is the limitation of actions.
The propriety of such laws will appear upon a little reflection. The failure of' the memory of material witnesses in
the lapse of time, or their death orl removal, or other causes,
may render it impossible for a party to defend himself
against the unjust claims of another. It is proper, therefore,
that certain periods sh;uld be prescribed within which suits
at law should be commenced, and that after the expiration
of these periods, the demands of claimants shall be presumed
to have been paid. Such demands are commonly said to be
outlawed.
Actions are variously termed. They are real, when a title
to real estate is claimed; personal, when a nman demands a
debt, a personal service or duty, or damages for its non-performance, or satisfaction for an' injury to property. An
action of assumpsit is an action foiunded on a promise.
Assumpsit is from the Latin, and, in law, signifies a promise
or undertaking founded on a consideration.  It is express,
when made in words or writing; implied, when, for some
benefit or consideration accruing to one person from the
acts of another, the law presumes that person has promised
to make compensation. An action on the case is an action in
which the whole cause of complaint is set out'in the writ.
Different periods of time are prescribed in which the
different kinds of actions may be commenced. Nor have
all the states fixed the same periods for commencing the
same kinds of actions. So numerous are these actions, and
so various the periods of limitation in the different states,




LTIMrT.-TrION OF ACTIONS.          361
that only a part of them, those relating to the more common
cases of indebtedness and of personal injury will be given
in this note. The times limited for commencing actions for
the recovery of a title to land in the different' states, have
been stated in a preceding note. (See Note on Chap. XLIX,
~ 7, 18, 19.
In Maine, actions of debt founded upon any contract or liability not under seal; actions of assumpsit, or upon the
case, founded upon any contract or liability, express or implied; actions for arrears of rent, for waste, of trespass,
of replevin, and other actions for taking, detaining, or injuring goods or chattels; and actions upon judgments rendered in courts not being courts of record, except justices'
courts, must be commenced within six years after the cause
of action shall have accrued. Promissory notes signed in
the presence of an attesting witness, are in this state excepted from the cases above mentioned. In cases of mutual
and open account, the cause of action is deemed to have
accrued at the date of the last item proved. This is the
rule in most of the states. Actions for assault and battery,
false imprisonment, slander and libel, must be commenced
within two years.
In New Hampshire, the periods of limitation in the cases
above mnentioned-are the same as in Maine. Actions of debt
founded upon a judgment or recognizance, or upon a contract under seal, may be brought within twenty years.
In Vermont, the actions limited to six years in Maine, ineluding judgments in any courts not of record, are limited
to the same period, six years. Assault and battery and false
imprisonment, three years. Slander and libel, two years.
Debts on judgment, and debts on specialties, (contracts
under seal,) eight years.
In Massachusetts, the cases limited to six years, are the
same as those of Maine above stated, including all judgments of any court but a court of record. Assault and
battery, false imprisonment, slander and libel, two years.
In Rhode Island, actions of account and upon the case,
actions of debt on contracts without specialty; for arrearages of rent; andof detinue, or replevin, six years. Actions
of trespass, and trespass and ejectment,four years. Actions
upon the case for words, (slander,) two years.
In Connecticut, actions of account, debt on book, onl sim,
16




362                CITIZEN'S MANUAL.
pie contract, assumpsit founded upon implied contracts,
or upon contracts in writing not sealed, and actions of
trespass on the case, six years. Actions on bonds, contracts
nander seal, or promissory notes not negotiable, seventeetn years.
Actions on express contracts not in writing, of trespass, and
for words, thr&ee years.
In New York, actions upon contracts or liabilities, express
or implied, and liabilities created by statute, (except for
penalties'and forfeitures;) for trespass upon real property;
for taking, detaining or injuring goods or chattels; for relief on the ground of fraud, six years. Actions for libel,
slander, assault, battery, and false imprisonment; upon a
statute for a forfeiture or penalty to the people of the state,
two years. Actions upon sealed instruments, twenty years.
In New Jersey, actions of trespass, detinue, (which is a
dletaini'ng of property,) trover and replevin; for taking away
goods and chattels; actions of debt founded upon any leliding or contract without specialty; for arrearages of rent
on a parol lease; actions of account and upon the case, six
years. Actions for assault, menace, battery, false imprisonment, four years. Actions for' words, two years. Actions
upon written'contracts under seal, sixteen years.
In Pennsylvania, the cases limited to six years, are without any material exception, the same as those in New Jersey. Actions for assault, menace, battery, wounding, and
imprisonment, t7wo years. For words, one year.
In Delaware, actions of trespass, replevin, detinue, of account, of assumnpsit, upon the Case, of debt not founded upoiO
a record or specialty, three years.  [In these are probably
included, actions for assault, imprisonment, and for words,
all of which are actions on'the case.]  On promissory notes,
bills of exchange, or written acknowledgments of subsisting
demands, six years.
In Maryland, actions for trespass, detinue, replevin; for
taking away property; actions of account, debt, book-debt,
or upon the case; debt for lending; on contract without
specialty; and for arrearages of rent, are limited to three
years. Actions for words, assault, battery, wounding, anl
imprisonment, one year.
In Virginia, actions on contracts by writing, signed by
the party to be charged or by his agent, and, upon other
oontracts, except fdr goods charged in store3 account, five




LIMITATION OF ACTIONS.               363
years; for articles charged in store account, two years.
Personal actions for which no limitation is otherwise prescribed, five years.  Actions on contracts under seal, twenly
years.
In North Carolina, actions of account rendered; upon the
case; for arrearages of rent; of debt upon simple contract;
of detinue, replevin, and trespass, thSree years.  Assault and
battery, wounding, imprisonment, onze year.  For words, six
months.
In South Carolina, actions of trespass, detinue, trover, replevin, debt, covenant, and upon the case, foumr years. Assault and battery, and imprisonment, onle year: for slander,
six mnonths.
In Georgia, actions upon the case, for account, for trespass, for debt; for detinue, replevin, and on open accounts,
four years.  Assault, battery, wounding, and false imprisonment, two years.  For words,.six; months. Notes, and written instruments not under seal, six years; if sealed, twenty
years.
In Florida, actions upon the case, of account, for trespass,
debt,: detinue and replevin, for goods and chattels, five years.
For goods sold and delivered, and for any articles charged
in book-account, two years: if either party dies within the
two years, then the further time of two years. Assault and
battery, wounding, and imprisonment, three years.  For
words, one year.
In Alabama, actions on contracts under seal, and real
actions, ten years.  On detinue; for trespass to property;
on vritten promises not under seal; on stated account; for
rent due on parol lease, and other contracts not specified,
six years.  On open accounts, three years.  For assault and
battery, false imprisonment, slander, libel, penalties, and qui
tavm actions, onze year.  [A qui tam action is one in which a
man prosecutes for a penalty in behalf of the state, as well
as of himself as informer.]
In  Mississippi, actions of trespass, detinue, and trover;
actions for taking goods and chattels; actions of debt, on
contracts not under seal; or for arrearages of rent on parol
lease; actions upon the case, and of account, for the recovery of money, except promissory notes, three years.  On
promissory notes and bills of exchange, six years.  For as.
sault, imprisonment, &c., slander and libel, one year.




364                 CITIZEN'S MANUAL.
In Louisiana,, actions for labor performed, for provisions
retailed, and for board, supplies for vessels, freight charges,
&C., one year. For arrearages of rent, hire of property,
money lent, services of physicians, and of teachers by the
year or quarter, three years.  On promissory notes and bills
of exchange, five years.
In Texas, actions of trespass for injury to property; of
trover and conversion; for taking away goods and chattels;
and upon open account, two years. For assault and battery, slander, and libel, one year. Real actions in three,
five, or ten years, according to the grade of title.
In Arkansas, actions upon judgments, decrees, and sealed
instruments, ten years. Upon promissory notes, and other
instruments not under seal, five years. Actions of account,
assumpsit, or case, founded on any other contract or liability, three years.
In Tennessee, actions of account, and upon the case; of
debt for arrearages of rent; of detinue, replevin, and trespass upon land, three. years.  On a contract or lending,
without specialty, (which includes promissory notes, &c.,)
six years. Assault, battery, wounding, and imprisonment,
one year. Slander, six months.
In Kentucky, actions upon account for goods, or for articles charged in store account, within one year from the first
of January next after the times of the delivery.  Actions
upon ordinary contracts; upon liabilities created by statute
other than penalties or forfeitures; for trespass upon real
property; for taking, detaining, or injuring personal property; for relief on the ground of fraud; on promissory
notes, bills of exchange, &c., five years.  Assault, &c., libel,
and slander, onze year.
In Ohio, actions on promissory notes, or other obligations
or contracts in writing, fifteen years. Upon contracts not
in writing, book accounts, liabilities created by statute,
other than forfeitures and penalties, six years. For trespass
upon real property; for -aking, detaining, or injuring personal property; for injury to the rights of the plaintiff not
arising on contract; for relief on the ground of fraud, fozr
years. For libel, slander, assault and battery, false imprisonment, and upon a statute for a p(nalty or forfeiture, one
year.
In Michigan, actions of debt founded on cont:'act or lia



LIMITATION OF ACTIONS                365
bility not under seal; for arrears of rent; of assumpsit, or
upon the case, founded on any contract or liability express
or implied; of waste, of replevin, trover, and other actions
for taking, detaining, or injuring goods or chattels; and
other actions on the case, six years.  For trespass upon
land, assault and battery, false imprisonment, slander, and
libel, two years. Personal actions upon other contracts, ten
years.
In Indiana, actions on accounts and contracts not in writing; for rents of real property; for detaining and injuring
property; and for relief against frauds, six years. For injuries to person or character, and for a penalty or forfeiture
given by statute, two years.
In Illinois, actions of trespass, detinue, trover, and replevin; for taking away goods and chattels; for arrearages
of rent due on a parol lease; actions of' account, and upon
the case, five years.  For assault, battery, wounding, and
imprisonment, two years. For words, one year. Actions of
debt on contracts under seal, and promissory notes, sizteen
years.
In Missouri, actions upon any writing, sealed or unsealed,
for the direct payment of money or property, ten years.
Upon contracts, express or implied; upon a liability created by statute other than a penalty or forfeiture; for trespass upon real estate; for taking, detaining, or injuring
goods and chattels, or for the recovery of specific personal
property; for injuries to the rights of persons, and for relief on the ground of frauds, five years.  For penalty or forfeiture, where it is given to the party aggrieved, or to him
or to the state, three years. Qmi tanm actions, one year after
the commission of the offense; if commenced by a state's
attorney, two years.  For libel, assault, imprisonment, &;c.,
two years.
In Iowa, actions of debt for rent; upon promissory notes
or writings for the direct payment of money, or delivery of
property; and actions of assumpsit, six years.  Actions for
trespass, detinue, trover, and replevin; for taking away
goods, &c.; for arrearages of rent due on parol lease; actions of account, and upon the cas, five years.  For assault,
&c., and imprisonment, two years; for slanderous words,
oW. year.
In Wisconsin, actions of lett founded on contract or lia



360                CITIZEN'S MANUAL.
bility not under seal; upon judgments in cocrts not of re,
cord; for arrears of rent; of assumpsit, or on the case,
founded on a contract or liability, express or implied; for
waste, and trespass on land; of replevin, and other actions
for taking, detaining, or injuring goods or chattels; and
other actions on the case, six years.  For assault, &c., false
imprisonment, slander, and libel, two years.
In Minnesota, actions upon contracts; upon liabilities
created by statute, other than those for penalties or fbrfeits
ures; for trespass upon real property; for taking, detaining, or injuring personal property, and for the specific recovery thereof; for injuries to the persons or rights of another not arising on obligation; and for relief on the
ground of fraud, six years. An action for libel, slander, assault, battery, and false imprisonment; and for a penalty
to the state, two years. An action upon a statute for a
penalty given in whole or in part to the prosecutor, one
year; if not commenced by a private party, two years. For
a penalty where the action is given to the party aggrieved,
three years.
In California, actions upon contracts, obligations, or liabilities, founded on instruments of writing generally, four
years. Upon liabilities created by statute, other than penalties or forfeitures; for trespass upon real property; for
taking, detaining, or injuring goods and chattels, and for,the specific recovery of personal property; and for relief
on the ground of fraud, three years. Upon a contract or liability not founded on an instrument of writing, except an
open account, and articles charged in a store account, two
years. For libel, slander, assault, battery, and false imprisonment; on an open account for goods, sold and delivered, and for any article charged in a store account, one
year.
It is provided in most of the states, if not in all of them,
that if a debtor departs from and resides without the state
during any part of the time limited for commencing an action, the time of his absence is not to be taken as any part
of that time; and if a debtor so leaves the state before the
cause of action accrues, the period of limitation is to be
computed from the time of his return to fle state.




DECLARATION OF INDEPENDENCE.             367
DECLARATION OF INDEPENDENCE.
July -Ith, 17 0.
A DECLARATION BY THE REPR~.SENTATIYES OF THE UNITED STATES
OF AMERICA, IN [general] CONGRESS ASSEMBLED.*
WHEN, in the course of human events, it becomes necessary for one people to dissolve the
political bands which have connected them with
another, and to assume, among the powers of the
earth, the separate and equal station to which the
laws df nature and of nature's God entitle them,
a decent respect to the opinions of mankind, requires that they should declare the causes which
impel them to the separation.
We hold these truths to be self-evident: that
all men are created equal; that they are endowed
by their Creator with [inherent and] unalienable  certain
rights; that among these are life, liberty, and
the pursuit of happiness; that to secure these
rights, governments are instituted among men,
deriving their just powers from the consent of the
governed; that whenever any form of government becomes destructive of these ends, it is tile
right of the people to alter or abolish it, and to
institute a new government, laying its foundation
on such principles, and organizing its powers in
such form, as to them shall seem most likely to
effect their safety and happiness.  Prudence, indeed, will dictate, that governments long established should not be changed for light and transient causes; and accordingly all experience hath
* This is a copy of the original draft of Jeffersen. as reported to
congress. The parts struck out by congress are printed in italics,
and enclosed in brackets; and the parts added are placed in the margin, or in a concurrent column.




368                CiTTIZEN'S MATANUAL,
shown that mankind are more disposed to suffer
while evils are sufferable, than to right themselves, by abolishing the forms to which they are
accustomed.  But when a long train of abuses
and usurpations [begun at a distinguished period
and] pursuing invariably the same object, evinces
a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off
such government, and to provide new guards for
their future security.  Such has been the patient
sufferance of these colonies; and such is now the
alter    necessity which constrains them  to [expung-e]
their former systems of government.  The history of the present king of Great Britain, is a
repeated  history of [unremitting] injuries and usurpations,
all having [amnong whichl appears no solitary fact to contradict the uniform tenor of the rest, but all have]
in direct object the establishment of an absolute
tyranny over these states.  To prove this, let
facts be submitted to a candid world, [for the
truth of which we pledge a faith yet Unsullied
by falsehood.]
He has refused his assent to laws the mIost
wholesome, and necessary for the. public good.
He has forbidden his governors to pass laws of
immediate and pressing importance, unless suspended in their operation, till his assent should
be obtained; and when so suspended, he has
utterly neglected to attend to them.
IHe has refused to pass other laws for the accommodation of large districts of people, unless
those people would relinqcluish the right of representation in the legislature, a right inestimable
to themi, and formidable to tyrants only.
He has called together legislative bodies at
places unusual, uncomfortable, and distant from
the depository of their public records, for the sole
purpose of fatiguing them into compliance with
his measures.
He has dissolved representative houses repeatedly [and continually] for opposing, with manly
firmness, his invasions on the rights of the people.




DE, LARATION 01 TNDEPENDENCE.              369
He has refused, foi a long time after such dissolutions, to cause others to be elected, whereby
the legislative powers, incapable of annihilation,
have returned to the people at large for their exercise, the state remaining, in the mean time, exposed to sal1 the dangers of invasion from without,
and convulsions within.
He has endeavored to prevent the population
of these states; for that purpose obstructing the
laws for naturalization of foreigners, refusing to
pass others to encourage their migration hither,
and raising the conditions of new appropriations
of lands.
He  has [suffered] the administration of justice, obstructe t
[totally to cease in some of these states,] refusing  by
his assent to laws for establishing judiciary
powers.
He has made [our] judges dependent on his
will alone for the tenure of their offices, and the
amount and payment of their salaries.
He has erected a multitude of new offices, [by
a self-assumed peower] and sent hither swarms of
new officers, to harass our people, and eat out
their substance.
He has kept among us in times of peace,'standing armies [and ships of war] without the consent of our legislatures.
He has affected to render the military independent of, and superior to, the civil power.
IHe has combined with others, to subject us to
a jurisdiction foreign to our constitutions, and un-l
acknowvledged by our laws, giving his assent to
their acts of pretended legislation, for quartering
large bodies of armed troops among us; foi protecting them  by a m:ck trial from  punishment
for any murders which they should commit on the
inhabitants of these slates; for cutting off our
trade with all parts of the world; for imposing
taxes on us without our consent; for depriving
us [ ] of the benefits of trial by jury; for trans- in many cases
porting us beyond seas, co be tried for pretended
offenses; for abolishing the free system of Eng16~




310                  CITIZEN'S MANUAL.
lish aws, in a neighboring province; establishing
theiain an arbitrary government, and enlarging
its boundaries, so as to render it at once an example and fit instrument for introducing the same
colonies  absolute rule into these [states;] for taking away
our charters, abolishing our most valuable laws,
and altering fundamentally the forms of our governments; for suspending our own legislatures,
and declaring themselves invested with power to
legislate for us, in all cases whatsoever.
by declaring   He has abdicated government here, [2withus out of his drawing his governors, and declaring us out of
protection,  his allegiance and protection.]
and waging   He has plundered our seas, ravaged our coasts,
war against burnt our towns, and destroyed the lives of our
us.         people.
He is at this time transporting large armies of
foreign mercenaries, to complete the works of
death, desolation, and tyranny, already begun
scarcely pa- with circumstances of cruelty and perfidy, [ ]
ralleled  in unworthy the head of a civilized nation.
themostbar-   He has constrained our fellow-citizens, taken
barous ages, captive on the high seas, to bear arms against
and totally  their country, to become the executioners of their
friends and brethren, or to fall themselves by their
hands.
excited  do-   He has [ ] endeavored to bring on the inhabimesticinsur- tants of our frontiers, the merciless Indian savrections  a- ages, whose known rule of warfare, is an undismong Us, and tinguished destruction of all ages, sexes, and
has          conditions [of existence.]
[lIe has incited treasonable insurrections of
our fellow-citizens, with the allurernents of forfeiture, and confiscation of our property.
fle has waged cr'uel war against humnan nqature itself, violating its mnost sacr:ed rights of life
and liberty, in the persons of a distant people,
who never offendted him, captivating and carrying them into s'avery in another hemisphere, or
to incur miserable death in their t'ransportation
thither.  This piratical warfare, the opprobrium
of infidel powers, is the warfare of the Christian




DECLARATION OF INDEPENDENCE.              371
king of Great Britain.  Detervmined to keep
open a market, where men should be bozu~-ht and
sold, he has prostituted his negative for suppress-;~g every legislative attempt to prohibit or to restrain this execrable commerce.  And that this
assemzblage qf horrors mnight want no fact of clistinguished die, he is now exciting those very people to rise in arms among us, and to purchase
that liberty of which he has deprived them, by
murdering the people on whom he also obtruded
them: thus paying offormner crim,es committed
against the liberties of one people, with crimes
which he urges them to commit against the lives
of another.]
In every stage of these oppressions, we have
petitioned for redress, in the most humble terms;
our repeated petitions have been answered only
by repeated inljuries.
A prince whose character is thus marked by
every act which may define a tyrant, is unfit to
be the ruler of a [ ] people, [woho mean to be    free
free.  Future ages will scarcely believe, that the
hardiness of one manaz adventured, within the
short compass of twelve years only, to lay a
foundation so broad and so undisguised for tyranny, over a people fostered and fixed in principles of fieedom.
Nor have we been wanting in attentions to our
British brethren.  We have warned them from
time to time of attempts by their legislature, to
extend [a] jurisdiction over [these our states.] an unwar.
We have reminded them of the circumstances of rantable
our emigration and settlement here, [no one of    us
which could warrant so strange a pretension:
that these were efected at the expense of our own
blood and ttreasure, unassisted by the wealth, or
the strength of Great Br-itain: that in constituting indeed our several forms of government,
we had adopted one common king, thereby laying
a foundation for perpetual league and amity
with them, but that submission to thei'r parliament, was no part of our cqnstitution, noi




83T                 CITIZEN'S MANUAL.
ever in idea, if history may be cresdted, 7.n2d]
have    we [ ] appealed to their native justice and magand we have nanimity, [as well as to] the ties of our common
conjured    kindred to disavow  these usurpations  which
them by      [were likely to] interrupt our connection and
would inevi- correspondence.  They too have been deaf to the
tably       voice of justice and of consangulinity, [and when
occasions have been given themns, by the regular
course of their laws, of removing from  their
councils the distur'bers of our harmony, they
have by their free election reestablished them int
power.  At this very time, too, they are permitting their chief magistrate to send over not only
soldiers of our common blood, but Scotch and
foreign mercenaries, to invade and destroy us.
Thzese facts have given the last stab to agonizing
aftection, and manly spirit bids us to renounce
forever these unfeelzna brethren.  WTVe mrust env.
deavor to forget ozr fornzer love for them, and
hold themn as we hold the rest of mankind, enes
mies.in war, in peace friends.  We might have
been a free andi a great people together; but a
commnunication of grandeur and of freedom, it
seems, is below their dignity.  Be it so, since
We   must they will have it.  ThIe road to happiness ana
therefore   to glory is open to us too.  We will tread it
apart froom thevm, and] acquiesce in the necessity
and    hold which denounces our [eternal] separation [ ]!
them as we
hold the rest
of mankind,
enemies in
war, in peace
friends.
We therefore, the represen-    We therefore, the representatives of the United States of tatives of the United States of
America, in general congress  America, in general congress
assembled, do in the name, and  assembled, appealing to the
by the authority of the good  Supreme Judge of the world
people of these [states reject  for the rectitude of our intenand renounce all allegiance  tions, do in the name, and by
and subjection to the kings of the authority of the good peo



DECLARATION OF INDEPENDENCE.            373
Great Britain, and all others, pie of these colonies, solemnly
who may hereafter claim by, publish and declare, that these
throzugh, or under themt; we  united colonies are, and of
utterly dissolve all political right ought to be, free and inconnection which may hereto-  dependent states; that they
fore have subsisted between us  are absolved from all allegiance
and the people or parliament to the British crown, and that
of Great Britain; andfinally  all political connection bewe do assert and declare these  tween them and the state of
colonies to be free and inde-  Great Britain is, and ought to
pendent states] and that, as  be, totally dissolved; and that,
free and independent states, as free and independent states,
they have full power to levy  they have full power to levy
war, conclude  peace, con- war, conclude peace, contract
tract alliances, establish com- alliances, establish commerce,
merce, and to do all other acts and to do all other acts and
an4d things whichindependent things, which  independent
states may of right do. And  states may of right do.
for the support of this declara-    And for the support of this
tion, we mutually pledge to  declaration, with a firm relieach other our lives, our for-  ance on the protection of Ditunes, and our sacred honor.   vine Providence, we mutually
pledge to each other our lives,
our fortunes, and our sacred
honor.
The foregoing declaration was, by order of congress, engrossed and signed by the following members:
JOHN HANCOCK.
New Hampshire.-Josiah Bartlett, William Whipple, Matthew Thornton.
Massachusetts Bay.-Samuel Adams, John Adams, Robert
Treat Paine, Elbridge G-erry.
Rhode Island.-Stephen Hopkins, William Ellery.,
Connecticut.-Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott.
Yew  York.-William  Floyd, Philip Livingston, Francis
Lewis, Lewis Morris.
gNew Jersey.-Ricbard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark.
Pennsylvania.-ZRobert Morris, Benjamin Rush, Benjamin
F-rauklin, John Morton, George Clymer, James Smith, George
Tayloi', James Wilson, George Ross.




374                CITIZEN'S MANUAL.
Delaware. —Cesar Rodney, George Read, Thomas M'Kean.
Maryland.-Samuel Chase, William Paca, Thomas Stone,
Charles Carroll, of Carrollton.
Virginia. —George Wythe, Richard Henry Lee, Thomas
Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis
Lightfoot Lee, Carter Braxton.
WNorth Carolina.-William  Hooper, Joseph Hewes; John
PFenn.
South Ccarolina. —Edward Rutledge, Thomas Heyward, Jr.,
Thomas Lynch, Jr., Arthur Middleton.
Georgia.-Button Gwinnett, Lyman Hall, George Walton.




CONSTITUTION OF THE UNITED STATES.      375
CONSTITUTION OF THE UNITED STATES.
WE, the people of the United States, in order to form a
more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves
and our posterity, do ordain and establish this Constitution
for the United States of America.
ARTICLE I.
SECTION 1. All legislative powers herein granted shall be
vested in a congress of the United States, which shall consist of a senate and house of representatives.
SEC. 2. The house of representatives shall be composed of
members chosen every second year, by the people of the
several states; and the electors in each state shall have
the qualifications requisite for electors of the most numerous
branch of the state legislature.
No person shall be a representative who shall not have
attained to the age of twenty-five years, and been seven
years a citizen of the United States, and who shall not,
when elected, be an inhabitant of that state in which he
shall be chosen.
Representatives and direct taxes shall be apportioned
among the several states which may be included within
this union, according to their respective numbers, which
shall be determined by adding to the whole number of free
persons, including those bound to service for a term of
years, and excluding Indians not taxed, three-fifths of all
other persons. The actual enumeration shall be made
within three years after the first meeting of the congress of
the United States, and within every subsequent term of ten
years, in such manner as they shall by law direct. The
number of representatives shall not exceed one for every
thirty thousand, but each state shall have at least one representative; and until such- enumeration shall be made, the




3'6                2ITI:EN'S MANUAL.
state of New Hampshire shall be entitled to choose three,
Massachusetts, eight; Rhode Island and Providence Plantations, one; Connecticut, five; New York, six; New Jersey,
four; Pennsylvania, eight; Delaware, one; Maryland, six,
Virginia, ten; North Carolina, five; South Carolina, five,
and Georgia, three.
When vacancies happen in the representation from any
state, thle executive authority thereof shall issue writs of
election to fill such vacancies.
The house of representatives shall choose their speaker
and other officers, and shall have the sole power of impeachment.
SEc. 3. The senate of the United States shall be corm
posed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one
vote.
Immediately after they shall be assembled in consequence
of the first election, they shall be divided as equally as may
be, into three clases. The seats of the senators of the first
class shall be vacated at the expiration of the second year -
of the second class at the expiration of the fourth year;
and of the third class at the expiration of the sixth year;
so that one-third may be chosen every second year; and if
vacancies happen, by resignation or otherwise, during the
recess of the legislature of any state, the executive thereof
may make temporary appointments, until the next meeting
of the legislature, which shall then fill such vacancies.
No person shall be a senator who shall not have attained
to the age of thirty years, and been nine years a citizen of
the United States, and who shall not, when elected, be an
inhabitant of that state for which he shall be chosen.
The vice-president of the United States shall be president
of the senate, but shall have no vote, unless they be equally
divided.
The senate shall choose their other officers, and also a
president pro tempore, in the absence of the vice-president,
or when he shall exercise the office of president of the
United States.
The senate shall have the sole power to try all impeachments: when sitting for that purpose, they shall be on oath
or affirmation. [When the president of the United States is
tried, the chief-justice shall preside; and nc person shall




CONSTITUTION OF THE UNITED STATES.       317
be convicted without the concurrence of two-thirds of the
members present.
Judgment, in cases of impeachment, shall not extend
further than to removal from office, and disqualification to
hold and enjoy any office of honor, trust, or profit, under the
United States; but the party convicted shall, nevertheless,
be liable and subject to indictment, trial, judgment and
punishment, according to law.
SEC. 4. The times, places and manner of holding elections
for senators and representatives, shall be prescribed in each
state by the legislature thereof; but the congress may at
any time, by law, make or alter such regulations, except as
to the places of choosing senators.
The congress shall assemble at least once in every year;
and such meeting shall be on the first Monday in December,
unless they shall, by law, appoint a different day.
SEc. 5. Each house shall be the judge of the elections,
returns and qualificationrs of its own members; and a
majority of each shall constitute a quorum to do business;
but a smaller number may adjourn from day to day, and
may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each
house may provide.
Each house may determine the rules of its proceedings,
punish its members for disorderly behavior, and, with the
concurrence of two-thirds, expel a mdmber.
Each house shall keep a journal of its proceedings, and
from time to time publish the same, excepting such parts
as may, in their judgment, require secrecy; and the yeas
and nays of the members of either house, on any question,
shall, at the desire of one-fifth of those present, be entered
on the journal.
Neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two
houses shall be sitting.
SEc. 6. The senators and representatives shall receive a
compensation for their services, to be ascertained by law,
and paid out of the treasury of the United States. They
shall, in all cases, except treason, felony, and breach of the
peace, be privileged from arrest during their attendance at
the session of their respective houses, and in going to and




378               CITIZEN'S MANUAL.
returning from the same: and for any speech or debate in
either house, they shall not be questioned in any other place.
No senator or representative shall, during the time for
which he was elected, be appointed to any civil office under
the authority of the United States, which shall have been
created, or the emoluments whereof shall have been increased, during such time; and no person holding any office
under the United States, shall be a member of either house
during his continuance in office.
SEC. 7. All bills for raising revenue shall originate in the
house of representatives; but the senate may propose, or
concur with, amendments, as on other bills.
Every bill which shall have passed the house of representatives and thle senate, shall, before it become a law, be
presented to the president of the United States; if he approve, he shall sign it; but if not, he shall return it, with
his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill,
it shall be sent, together with the objections, to the other
house, by which it shall likewise be reconsidered, and, if
approved by two-thirds of that house, it shall become a law.
But, in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons
voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sundays excepted)
after it shall have been presented to him, the same shall be
a law, in like manner as if he had signed it, unless the congress, by their adjournment, prevent its return, in which
case it shall not be a law.
Every order, resolution or vote, to which the concurrence
of the senate and house of representatives may be necessary,
(except on a question of adjournment,) shall be presented
to the president of the United States, and before the same
shall take effect, shall I e approved by him,' or, being disapproved by him, shall be repassed by two-thirds of the senate
and house of representatives, according to the rules and
limitations prescribed in the case of a bill.
SEC. 8. The congress shall have power:
To lay and collect taxes, duties, imposts, and excises, to




CONSTITUTION OF TIME UNITED STATES.      379
pay the debts and provide for the common defense fand general welfare of ihe United States; but all duties, imposts,
and excises shall be uniform throughout the United States:
To borrow money on the credit of the United States:
To regulate commerce with foreign nations, and among.
the several states, and with the Indian tribes:
To establish a uniform rule of naturalization, and uniform
laws on the subject of'bankruptcies throughout the United
States:
To coin money; to regulate the value thereof, and of
foreign coin; and fix the standard of weights and measures 
To provide for the punishment of counterfeiting the securities and current coin of the United States:
To establish post offices and post roads:
To promote the progress of science and useful arts, by
securing for limited times, to authors and inventors, the
exclusive right to their respective writings and discoveries:
To constitute tribunals inferior to the supreme court:
To define and punish piracies and felonies committed on
*the high seas, and offenses against the law of nations:
To declare war; grant letters of marque and reprisal;
and make rules concerning captures oni land and water:
To raise and support armies; but no appropriation of
money to that use shall be for a longer term than two
years:
To provide and maintain a navy:
To make rules for the government and regulation of the
land and naval forces:
To provide for calling forth the militia to execute the
laws. of the union, suppress insurrections, and repel invasions:
To provide for organizing, arming and disciplining the
militia, and for governing such part of them as may be employed in the service of the United States; reserving to the
states respectively, the appointment of the officers, and the
authority of training the militia, according to the discipline
prescribed by congress:
To exercise exclusive legislation in all cases whatsoever,
over such district (not exceeding ten miles square) as may,
by cession of particular states, and the acceptance of congress, become the seat of the government of the United




380                CITIZEN'S MANUAL.
States, and to exercise like authority over all places pur.
chased by the consent of the legislature of the state in which
the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings: And,
To make all laws which shall be necessary and proper
for carrying into execution the foregoing powers, and all
other powers vested by this constitution in the government
of the United States, or in any department or officer thereof.
Sec. 9. The migration or importation of such persons as
any of the states now existing, shall think proper to admit,
shall not be prohibited by the congress prior to the year
one thousand eight hundred and eight; but a tax or duty
may be imposed on such importation, not exceeding ten
dollars for such person:
The privilege of the writ of habeas corpus shall not be
suspended'unless when, in cases of rebellion or invasion,
the public safety may require it.
No bill of attainder or ex post facto law shall be passed.
No capitation or other direct tax shall be laid, unless in
proportion to the census or enumeration hereinbefore directed to be taken.
No tax or duty shall be laid on articles exported from any
state. No preference shall be given, by any regulation of
commnerce or revenue, to the ports of one state, over tnose
of another; nor shall vessels bound to or from one staoe be
obliged to enter, clear, or pay duties in another.
No money shall be drawn from the treasury, but in consequence of appropriations made by law; and'a regular
statement and account of the receipts and expenditures of
all public money shall be published from time to time.
No title of nobility shall be granted by the United States;
and no person holding any office of profit or trust under
them shall, without the consent of the congress, accept of
any present, emolument, office. or title of any kind whatever, from any king, prince, or foreign state.
SEc. 10. No state shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal; coin
money; emit bills of credit; make anything but gold and
silver coin a tender in payment of debts; pass any bill of
attainder, ex post facto law, or law impairing the obligation
of contracts; or grant any title of nobility.
No state shall, without the consent Df the congress, lay




CONSTITUTION OF THE UNITED STATES        381
any imposts or duties on imports or exports, except what
may be absolutely necessary for executing its inspection
laws: and the net produce of all duties and imposts laid
by any state on imports or exports, shall be for the use of
the treasury of the United States; and all such laws shall
be subject to the revision and control of the congress. No
state shall, without the consent of congress, lay any duty
of tonnage, keep troops or ships of war in time of peace,
enter into any agreement or compact with another state, or
with a foreign power, or engage in war, unless actually
invaded, or in such imminent danger as will not admit of
delay.
ARTICLE II.
SECTION 1. The executive power shall be vested in a president of the United States of America. He shall hold his
office during the term of four years, and, together with the
vice-president, chosen for the same term, be elected as
follows:
Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the
whole number of senators and representatives to which the
state may be entitled in the congress; but no senator or
representative, or person holding an office of trust or profit
under the United States, shall be appointed an elector.
The electors shall meet in their respective states, and
vote by ballot for two persons, of whom one at least shall
not be an inhabitant of the same state with themselves.
And they shall make a list of all the persons voted for, and
of tile number of votes for each, which list they shall sign
and certify, and transmit, sealed, to the seat of the government of the United States, directed to the president of the
senate. The president of the senate shall, in the presence
of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person
having the greatest number of votes shall be the president,
if such number be a majority of the whole number of electors appointed; and if there te more than one who have
such majority, and have an eq tal numl er of votes, then the
house of representatives shall immediately choose by ballot
one of them for president; and if no person have a majority,
then, from the five highest on the list, the said house shall,




382               CITIZEN S MANUAL.
in like manner, choose the president. But in choosing the
president, the votes shall be taken by states, the representation from each state having one vote: a quorum for this
purpose shall consist of a member or members from twothirds of the states, and a majority of the states shall be
necessary to a choice. In every case, after the choice of
the president, the person having the greatest number of
votes of the electors, shall be the vice-president. But if
there should remain two or more who have equal votes,
the senate shall choose from them, by ballot, the vicepresident.
[By thb 12th article, of amendment, the above clause has
been repealed.]
The congress may determine the time of choosing the
electors, and the day on which they shall give their votes,
which day shall be the same throughout the United States.
No person, except a natural born citizen, or a citizen of
the United States at the time of the adoption of this constitution, shall be eligible to the office of president; neither
shall any person be eligible to that office who shall not have
attained to the age of thirty-five years, and been fourteen
years a resident within the United States.
In case of the removal of the president from office, or of
his death, resignation, or inability to discharge the powers
and duties of the said office, the same shall devolve on the
vice-president, and the congress may, -by law, provide for
the case of removal, death, resignation, or inability, both
of the president and vice-president, declaring what officer
shall then act as president; and such officer shall act accordingly, until the disability be removed, or a president
shall be elected.
The president shall, at stated times, receive for his servises a compensation, which shall neither be increased nor
diminished during the period for which he shall have been
elected; and he shall not receive, within that period, any
other emolument from the United States, or any of them.
Before he enter on the execution of his office, he shall
take the following'oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully
execute the office of President of the United States; and
will, to the best of my ability, preserve, protect, and defend
the constitution of the United State*."




CtONSTITUTION OF TI-IE UNI YED STATES.   383
SEC. 2. The president shall be commander-in-chief of the
army and navy of the United States, and of the militia of
the several states, when called into the actual service of
the United States; he may require the opinion, in writing,
of the principal officer in each of the executive departments,
upon any subject relating to the duties of their respective
Jffices; and he shall have power to grant reprieves and
pardons for offenses against the United States; except in
cases of impeachment.
He shall have power by and with the advice and cotnsent
of the senate, to make treaties, provided two-thirds of the
senators present concur: and he shall nominate, and by
and with the advice and consent of the senate, shall appoint
ambassadors, other public ministers and consuls, judges of
the supreme court, and all other officers of the United States,
whose appointments are not herein otherwise provided for,
and which shall be established by law; but the congress
may, by law, vest the appointment of such inferior officers
as they think proper, in the president alone, in the courts
of law, or in the heads of departments.
The president shall have power to fill up all vacancies that
may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session.
SEc. 3. He shall from time to time give to the congress
information of the state of the union; and recommend to
their consideration such measures as he shall judge necessary and expedient.  He may, on extraordinary occasions,
convene both houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall
think proper. He shall receive ambassadors and other public ministers. He shall take care that the laws be faithfully executed; and shall commission all the officers of the
United States.
SEc. 4. The president, vice-presidenrt, and all civil officers
of the United States, shall be removed from office on impea'chment for, and conviction of, treason, k ribery, or other
high crimes and misdemeanors.
ARTICLE III.
SECTION 1. Tile judicial power of the United States shall
be vested in one supreme court, and in such inferior courts




384                CITIZEN'S MANU.AL
as the congress may, from time to time, ordain and establish. The judges both of the supreme and inferior courts,
shall hold their offices during good behavior; and shall, at
stated times, receive for their services a compensation,
which shall not be diminished during their continuance in
office.
SEC. 2. The judicial power shall extend to all cases in law
and equity, arising under this constitution, the laws of the
United States and treaties made, or which shall be made,
uniter their authority; to. all cases affecting ambassadors,
other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which
the United States shall be a party, to controversies between
two or Alore states; between a state and citizens of another
state; between citizens of different states; between citi
zens of the samle state claiming lands under grants of
different states; and between a state, or the citizens thereof; and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers
and consuls, and those in which a state shall be a party,
the supreme court shall have original jurisdiction.  In all
the other cases beforeft mentioned, the supreme court shall
have appellate jurisdiction, both as to law and fact, with
such exceptions, and under such regulations, as the congress shall make.
The trial of all crimes, except in cases of impeachment,
shall be by jury; and such trial shall be held in the state
where the said crimes shall have been committed; but
when not committed within any state, the trial shall be
at such place or places as the congress may by law have
directed.
SEC. 3. Treason against the United States shall consist
only in levying war against them, or in adhering to their
enemies, giving them  aid and comfort. No person shall
be convicted of treason, unless on the testimony of two
witnesses to the same overt act, or on confession in open
court.
The congress shall have piower to declare the punishment of treason; but no attainder of treason shall work
corruption of blood, or forfeiture, except during the life of
the person attainted.




COiTNSTTTTON OF THE UNITED STA-ES.       385
ARTICLE IV.
SEcTION 1. Full faith and credit shall be given, in each
state, to the public acts, records, and judicial proceedings
of every other state. And the congress may, by general
laws, prescribe the manner in which such acts, records and
proceedings shall be proved, and the effect thereof.
SEc. 2. The citizens of each state shall be entitled to all
the privileges and immunities of citizens in the several states.
A person charged in any state with treason, felony, or
other crime, who shall flee from justice, and be found in
another state, shall, on demand of the executive authority
of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
No person held to service or labor in one state, under
the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from
such service or labor; but shall be delivered up on claim
of the party to whom such service or labor may be due.
SEC. 3. New states may be admitted by the congress
into this union; but no new state shall be formed or erected
within the jurisdiction of any other state, nor any state be
formed by the junction of two or more states, or parts of
states, without the consent of the legislatures of the states
concerned, as well as of the congress.
The congress shall have power to dispose of, and make
all needful rules and regulations respecting thle territory or
other property belonging to the United States; and nothing
in this constitution shall be so construed as to prejudice
any claims of the United States, or of any particular state.
SEc. 4. The United States shall guaranty to every state
in this union, a republican form of government; and shall
protect each of them against invasion, and. on application
of the legislature, or of the executive (when the legislature
cannot be convened) against domestic violence.
ARTICLE V.
The congress, wherqver two-thirds of both houses shall
deem it necessary, shall propose amendments to this constitution, or on the application of the legislatures of twothirds of the several states, shall call a convention for proposing amendmenlts; which,'in either case shall be valid
17




386                CITIZEN'S MANUAL.
to all intents and purposes, as part of this constitution,
when ratified by the legislatures of three-fourths of the
several states, or by conventions in three-f6urths thereof,
as the one or the other mode of ratification may be proposed
by the congress: Provided, that no amendment which may
be made prior to the year one thousand eight hundred and
eight, shall in any manner affect the first and fourth clauses
in the ninth section of the first article; and that no state,
without its consent, shall be deprived of its equal suffrage
in the senate.
ARTICLE VI.
All debts contracted, and engagements entered into, before the adoption 6f this constitution, shall be as valid
against the United States under this constitution, as under
the confederation.
This constitution, and the laws of the TJnited States which
shall be made in pursuance thereof, and all treaties made
or which shall be made under the authority of the United
States, shall be the supreme law- of the land, and the judges
in every state shall be bound thereby, any thing in the
constitution or laws of any state to the contrary notwithstanding.
The senators and representatives before mentioned, and
the members of the several legislatures, and all executive
and judicial officers, both of the United States and of the
several states, shall be bound, by oath or affirmation, to
support this constitution; but no religious test shall ever
be required as a qualification t-o any oflice or pubkiic trust
under the United States.
ARITICLE VII.
The ratification of the conventions of nine states shall be
sufficient for, the establishment of this constitution between
the states so ratifying the same.
Done in convention, by the unanimous consent of the states
present, the seventeenth day of September, in the year of
our Lord one thousand seven hundred and eighty-sever,
and of the Independence of the United Stateds of America,
the twelfth. In witness whereof we have hereunto subscribed our names.
GEORGE WASHIINGTON,
P,'esident, maid Depmtty bfr ooe viitigini,.




CONSTITUTION OF THE UNITED STATES.       38 
NVew Ifampshire.-John Langdon, Nicholas Gilman.
11/assachusetts.-Nathaniel Gorham, Rufus King.
Connecticut.-Wm. Samual Johnson, Roger Sherman.
New York.- -Alexander Hamilton.
New Jersey.-William Livingston, David Brearly, William
Paterson, Jonathan Dayton.
Pennsylvania.-Benj amin Franklin, Robert Morris, Thomas
Fitzsimmons, James Wilson, Thomas Mifflin, George Clymer,
Jared Ingersoll, Gouverneur Morris.
Delaware. —George Read, Gunning' Bedford,':Jr., John
Dickinson, Richard Bassett, Jacob Broom.
Mlar;ylanzd.-James M'Henry, Daniel of St. Thomas Jenifer,
Daniel Carroll.
VTirg/inia. —John Blair, James Madison, Jr.
North Carolina.-William Blount, Richard Dobbs Spaight,
Hugh Williamson.
South Carolina.-John Rutledge, Charles Pinckney, Pierce
Butler, Charles Cotesworth Pinckney.
Georgia.-William Few, Abraham Baldwin.
Attest: WILLIAM JACKSON, Secretary.
The constitution was signed by all the members present,
except Edmund Randolph and George Mason, of Virginia,
and Elbridge Gerry, of Massachusetts, who declined giving
it the sanction of their names.
Whilst the last members were signing, DR. FRANKTIN,
looking towards the president's chair, on the back of which
a rising sun happened to be painted, observed to a few
members near him, that painters had found it difficult to
distinguish, in their art, a rising from a setting sun. "I
have," said he, "often and often, in the course of the session,
and the vicissitudes of my hopes and fears as to its issue,
looked at that behind the president, without being able to
tell whether it was rising or setting; but now, at length,
I have the happiness to know that it is a rising and not a
setting sun."
The following are the rnames of delegates who were
absent. Those whose names are in Italic never attended.
Atrew Hamshire.-f ohn Pickering, Benjamin West.
I/Iassachusetts. —Caleb Strong, Fr'ancis Danqa.
Comnecticut.-Oliver Ellsworth.
N2ew York. —Robert Yates, John Lansing,




'388               CITIZEN'S MANUAL.
NVew Jersey. —William  C. Houston, John Nrelson, Abraham
Clark.
lifa1aryland.-John Francis Mercer, Luther Martin.
Virginia.-George Wythe, Patrick Henry, (declined attending,) James M'Clurg, (in room of P. Henry.)
North Carolina.-Alexander Martin, William  R. Davie,
Richard Caswell, resigned,* Willie Jonzes, declined.*
Georgia.-William  Pierce, William  Houston, Nathzaniel
Peindleton, George Walton.
AMENl DMENTS.
ARTICLE I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech or of the press;
or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
ART. II. A well regulated militia being necessary to the
security of a free state, the right of the people to keep and
bear arms shall not be infringed.
ART. III. NO soldier shall, in time of peace, be quartered
in any house without the consent of the owner, nor in a time
of war, but in a manner to be prescribed by law.
ART. IV. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable
searches and seizures, shall not be violated; and no warrant
shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
ART. V. No person shall be held to answer for a capital
or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the
land or naval forces, or in the militia when in actual service,
in time of war or pu!:lic danger; nor shall any person be
*William Blount, appointed in the room of Mr. Caswel; md ll1gh Williamnson
in the room of DMr. Jones, both signed the constitution.




AMENDMENTS TO TIIE CONSTITUTION.          389
subject, for the same offense, to be twice put in jeopardy of
life or limb, nor shall be compelled, in any criminal. case, to
be a witness against himself; nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use, without.just compensation.
APnT. VI. In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an impartial
jury of the state and district wherein the crime shall have
been committed; which district shall have been previously
ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the wit-;esses against him; to have compulsory process fbr obtaining witnesses in his favor, and to have the assistance of
counsel for his defense.
ART. -II. In suits at common law, where the value in
controversy shall exceed twenty dollars, the right of trial
by jury shall be preserved, and no fact tried by a jury shall
be otherwise reexamined in any court of the United States,
than accordinng to the rules of the common law.
ART. TIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted.
ART. IX. The enumeration in the constitution, of certain
rights, shall not be construed to deny or disparage others
retained by the people.
ARnT. X. The powers not delegated to the United States,
by the. constitution, nor prohibited by it to the states, are
reserved to the states respectively, or to the people.
ART. XI. The judicial power of the United States shall
not be construed to extend to any suit in law Qr equity,
commenced or prosecuted against one of the United States
by citizens of another state, or by citizens or subjects of any
foreign state.
ART. XII. The electors shall meet in their respective states,
and vote by ballot for president and vice-president, one of
whom, at least, shall not be an inhabitant of the same state
with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person
voted for as vice-president, and they shall make distinct
lists of all persons voted for as president, and of allpersons
voted for as vice-president, and of the number of votes for




890                CITIZEN'S MANUAL
each, which lists they shall sign and certify, and transmit
sealed to the seat of the government of the United States,
directed to the president of the senate; —the president of
the senate shall, in the presence of the senate and house of
representatives, open all the certificates, and the votes shall
then be counted;-the person having the greatest number
of votes for president, shall be the president, if such number
be a majority of the whole number of electors appointed;
and if no person have such majority, then, from the persons
having the highest numbers, not exceeding three, on the
list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But
in choosing the president, the votes shall be taken by states,
the representatives from each state having -one vote; a quo.
rum for this purpose shall consist of a member or members
from two-thirds of the states, and a najority of all the states
shall be necessary to a choice. And if the house of representatives shall not choose a president whenever the right
of choice shall devolve upon them, before the fourth day of
March next following, then the vice-president shall act as
president, as in the case of the death or other constitutional
disability of the president.  The person having the greatest
number of votes as vice-president, shall be the vice-president, if such number be a majority of the whole number of
electors appointed, and if no person have a majority, then,
friom the two highest numbers on the list, the senate shall
choose the vice-president; a quorum for the purpose shall
consist of two-thirds of the whole number of senators, and a
majority of the whole number shall be necessary to a choice,
But no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the Un.ted States.




POLITICAL PA.TIFS.                at
POLlIr  CL  PARTIES:
THEIR PRINCIPLES AND MEASURES; WITH PRACTICAL
OBSERVATIONS.
FROM THE REVOLUTION TO MONROE'S ADMINISTRATION, INCLUSIVE.
THE earliest parties in this country were the Whigs and
Tories of the Revolution.  These names had their origin in
England about two hundred years ago. Those who supported the king in his high claims to power were called
tories; and those who contended for the rights of the people
were called whigs. These names were applied, during the
revolution, to the friends and opponents of the independence
of the states. Those who supported the principles of the
revolution were called whig-s, and those who opposed them
were calle d tories and royalists.
The first parties under the present government had their
origin in the convention which framed the constitution.
Trjhe difference of opinion which prevailed in that convention
has been stated in those chapters of this work which treat
of the Government of the United States. Some of the members of that body, it will be recollected, were in favor of
continuing the government of the confederation, in which
the states were equal. They were opposed to the surrender, by the states, of so large a portion of their sovereignty
to the general government, which, they feared, would encroach upon the rights of the states. From their attachment
to the plan of the confederation they were called federalists,
and the friends of the new plan were called anti-federalislts
But the names of these parties were soon reversed. Whilst
the constitution was before the people for consideration; one
of the principal reasons urged by its friends in favor of its
ratification by the states, was, that the old plan was inaclequate to the preservation of the union; that the confederialion of the states, or federal union, could be preserved only
oy adopting the constitution; and its friends assumed the;ame of'federalists, and their opponents were called aniti-fed-'laists.




392               CITIZEN'S MAN' AL.
Among the federalists of that time whose names are most
familiar to the American people, were Gen. Washington,
John Adamns, James Madison,  Alexander Hamilton, J(hhn
Jay, John Marshall, and others. The y'ritings of Madison,
Hamilton, and Jay, aided much in determining the votes cf
several of the states in favor of the constitution. They were
published in successive numbers; and though written by
three different individuals, all the articles were signed
"Publius."  They are regarded as a masterly exposition
and defense of the constitution. They were afterwards published in a volume, entitled'.'The Federalist," which continues to be a standard constitutional text-book for American Statesmen.
Notwithstanding the division of sentiment here noticed,
Gen. Washington was unanimously chosen president by the
electors; and notwithstanding the leading measures of his
administration were opposed from its commencement, there
seems to have been for several years no organized opposition party. To Washington personally there was never any
open opposition to any considerable extent; his second election, like the first, being unanimous.
The earliest measures of his administration which received
any opposition, were his financial measures. One of these
was the funding of the public debt. That part of the scheme
which was deemed most objectionable was the proposition
that the general government should assume the debts of the
states contracted during the war. Another measure was
the incorporation of a national bank, in 1791. Upon this
question his cabinet, then consisting of four officers, was
equally divided; and the president himself appears to have
had doubts as to, its constitutionality; but upon mature
deliberation he signed the act of incorporation.
Washington's foreign policy also encountered much opposition. France was in the midst of a revolution. In the
war of Europe, then existing, Great Britian and France
were the principal belligerentq  France had, by her aid in
the cause of our revolution, justly gained the sympathies of
the people of this country; and many were in favor of our
taking part with her against Great Britain. ThDpresident,
though friendly to France, deemed it inexpedient to involve
this country in that war, and determined to maintain a strict
neutrality. The stand thus taken upon this question sub



POLITICAL PARTIES.               393
jectcd his administration to the'charge of being partial to
Great Britain. This partiality was also inferred from our
treaties with the British government.  This French and
English feeling continued an element in the division of parties during a period of nearly twenty-five years.
The opponents of the federalists at length toolk the name of
the repyublican party, and, at the expiration of the presidential
term  of John Adams, obtained the control of the government, having elected their leader, Thomas Jefferson, president over Mr. Adarms, who was a candidate for reelection.
These parties continued under the distinctive names of federal and republican, until the disbandment of the federal
party, which took place soon after the close of the second
war with Great Britain.
One of the causes of the unpopularity and decline of the
federal party, was the passage of two acts. during Ailr.
Adams' administration, called the alien and sedition loaws.
The alien law, entitled, "An act concerning aliens," au.
thorized the president to order out of the country any alien
suspected of any treasonable purpose, or deemed dangerous
to the peace an safety of the country, unless satisfactory
proof should be given that no injury or danger should arise
from his residing here. The other law was entitled, "An act
in addition to'An act for the punishmomt of certain crimes
against the United States;'"  but it is universally spoken
of as " the sedition law." This law provided for punishing
persons for conspiring to oppose any measure of the govy
ernment, or for hindering any public officer in discharging
his duties; and also for punishing any person for slandering or libeling the government, congress, or the president.
Although these acts were well-intended, and approved by
many wise and good men, among whom were Washington
and Patrick Henry, as being necessary to check the influence of numerous meddlesome foreigners then in the country, who were active in exciting opposition to the administration, and were combined in organized associations which
were considered dangerous to the peace of the United States,
they were nevertheless disapproved by a majority of. the
people, who regarded them as infringements upon popular
rights especially upon the freedom of speech and of the
press.'These laws gave rise to the famed Virginia anid Kentucky




394                CITIZEN'S MANUAL.
resolutions of 1798, which were adopted as the creed of the
old republican party. Those passed by the Virginia legislature were drawn up by i\r. Madison. They declared that
the constitution of the United States w-as a compact to
which the states were parties, granting limited powers.
That in case of a deliberate, palpable, and dangerous exercise of other powers not granted, it was the right and duty
of the states to interpose for arresting the progress of the evils,
and for maintaining the rights of the states within their
respective limits. And that the alien and- sedition laws
were palpable and alarming infractions of the constitution.
The resolutions of the Kentucky legislature were drafted by Mr. Jefferson, and went still further inll asserting the
doctrine of state rights.  They declared the union to be a
compact between the states as states; that as the parties to
this compact had no common judge, each party had an equal
right to judge for itself of the constitutionality of a law
o- etongeross, as well as of the mode and measure of redress;
and that where powers were assumed wh-ich were not delegated, a nullification of the act was the right remedy.
These resolutions were transmitted to,thei legislatures of
the several states, with a request that they should concur
in declaring these laws void, and in requesting congress to
repeal them. But as many of the states were still under
federal influence, these resolutions received no favorable
response fiom any of the states; in several of them  they
were expressly disapproved. It was to these resolutions
that the nullifiers of South Carolina referred in 1832 for
authority to sanction their meditated resistance to the collection of duties in that state.
The doctrine of state sovereignty, to the extent asserted
by the Kentucky resolutions, probably never received the
unanimous assent of the republican statesmen. According
to Mr. Madison's own exposition of the constitution, not the
states, as states, but the people of the several states, were parties
to the compact; and in 1830 he expressly repudiated
" nullification as a right remedy." So also President Jackson in his proclamation against South Carolin, (alluded to
on a subsequent page,) denied such right, and maintained
the doctrine now generally received by American statesmen,
that, instead of there being no common judge, it is the prerogative of the supreme couirt of the United States to judge




POLITICAL PARTIES.               395
of the constitutionality of the acts of congress.  Were
each state at liberty to cio so, and to disobey any law it might
deem  unconstitutional, no general government could be
maintained, nor the union preserved.
The transfer of power from the federal to the republican
party was not, however, followed by any great changes of
policy. The principal one was in the plan of the navy.
iMr. Jefferson's predecessors had encouraged effective harbor fortifications, and an efficient navy; whereas he recolmmended a cheaper system of national defense. Accordingly,
for the heavy built vesels in use, were substituted a large
number of small vessels, called gun-boats. The plan, however, proved a failure, and was abandoned by congress.
The great measure of this administration was the acquisition, by purchase, from France, of Louisiana, embracing
that vast tract of country west of the Mississippi river,
from swhich have been since formed the states of' Louisiana,
Texas, (most of it,) Arkansas, Missouri, Iowa, part of
Minnesota, and others yet to be formed. This, l'owever,
does not appear to have been properly a party measure.
The acquisition was generally considered a valuable one.
The principal objection to it was, that it was unauthorized
by the constitution.  So Mr. Jefferson himself believed;
but the advantage offered was considered too great to be
lost for such a reason. In order to procure a constitutional
sanction of the measure, he suggested an alteration of the
constitution, but no such alteration appears to have been
attempted.
During our commercial controversy with France and
Great Britian, prior to and during the war between the latter and the United States, the opposite feelings of the two
parties were clearly manifest.  The federalists were generally opposed to the declaration of war, the causes being
regarded by them as insufficient to justify a war. The republicans, on the other hand, maintained the justice and
the propriety of the war, and charged their opponents
with hostility to their own country and friendship ior the
enemy.
The trade of this country had been mrucn embarrassed by
the retaliatory orders and decrees by which those two foreign
powers endeavored to iaryass each other; and it became necessary for our government to adopt measures to counteract




396                CITIZEN'S MANUAL.
the effects of their injurious policy. One oef t iese measures
was the laying' of an embargo, during  Mr. Jefferson's aclministration, by which all vessels bound to foreign ports
were prohibited from leaving the ports of thf United States.
Many American vessels with their Carlgoes b ad been captured by the privateers and cruisers of Frlunce and Great
Britain, and condemned as prize; and ti e object of the
embargo was declared to be to prevent >u-r vessels and
seamen and merchandise from being expose I to depredations
on the seas. This measure of course almos, entirely stopped
our foreign trade, and was vehemently Opposed by those
engaged or directly interested in such trde. As the ship.
ping business was the leading interest ol some of the New
England States, which were also the most strongly federal,
the greatest complaints came from that quarter. It was
also pronounced unconstitutional.  Congress, it was said,
could not, under the power to regulate trade, stop trade
altogether. A case, however, was tried in the United States
district court of Massachusetts, in which the -act was
decided to be constitutional.
When the crisis of our difficulties with Great Britain
came, Mr. Madison being then president, the federalists as
a party were opposed to the war. By this opposition, the
party became more unpopular; and as the return of peace
in this country and Europe removed the principal cause of
party division, the federal party organization was soon after
abandoned. In 1816, Mr. Monroe, the republican candidate
for president, received 183 of the electoral votes, and the
federal candidate only 34; and at his second election he
received 231 of the 232 electoral votes. There was now
but one party; or: rather, perhaps, no party; there being
no great political' questions upon which the people were
divided. At any rate, the federal and republican parties,
as such, had becoIne extinct, as is evident from the history
of the next election.
DURING TIIHE TERMS OF ADAMS AND JACKSON.
FROM the year 1804, it had been the practice of the re.
publican members of congress, druring the session next preceding each presidential election, in order to concentrate
the strength of the party, to meet in caucus, at the seat of




POLITICAL PARTIES.              39g
government, for the purpose of nominatirg a candidate,
Thee congressional caucus nominations had become unpopular with the party; and as there was now, (1824,) no
party necessity of uniting upon any one candidate, a majority of the members refused to go into caucus. The migority, however, persisted, and nominated William-  H.
Crawford. A very large majority of the people, as the i'esuit proved, were dissatisfied with the nomination, not so
much on account of their dislike to the nominee as of the
manner of his nomination. The opposition votes were divided upon three candidates, Adams, Jackson, and Clay.
There having been no choice of president by the electors,
Mr. Adams was elected by the house of representatives, as
has been elsewhere stated. (See Chap. XXXIX, ~ 10.)
Not long after the election of Mr. Adams parties were
again organized. They were not distinguished by the old
names; the causes of former divisions had ceased to exist.
Opposition to Mr. Adams's administration was declared before his policy had been developed, even before his inauguration. It had been alleged, and was extensively believed,
that his election had been effected by a bargain between
his friends.and those of Mr. Clay, then a member of the
house, by which the latter were to vote for Mr. Adams, who,
if elected, was to appoint Mr. Clay secretary of state. The
belief of the truth of this charge naturally raised opposition
in advance, and aided the opponents of Mr. Adams in their
endeavors to disparage the measures of his administration
The disappointed'supporters of the unsuccessful candidates,
especially those of Gen. Jackson and Mr. Crawford, very
naturally united against the administration, and chose as
their leader, Gen. Jackson, as most likely to give strength
to their party, and announced him as their candidate for
the next president. The two parties were for the time
known as the Adams or adcminist'rationz party, and the J.'~ksoan,
or opposition party, which proved successful at the next election.
About this time arose a new party, based upon the principle of opposition to the institution of Free Masonry.
~William Morgan, a seceding mason, published what he declawed to be the secrets of the institution; for which he
was abducted by members of the order, and, as was supposed, mu rdered. Other and similar publications from other




398                CITIZEN'S MANUAL.
seceders soon followed; and renunciations of masonry and
secessions from the institution became fiequent. As the
oaths and obligations assumed by members of the order
were deemed incompatible with their civil obligations and
cluties, the overthrow of this institution was made an object
of political action. This party  acquired considerabl e
stlrength in several. states; in some, the predominance.
Gen. Jackson being, as was alleged and generally believed,
a free mason, the anti-masons were less hostile to the Adams
than to the Jackson party; and they derived the greater
portion of their strength from the former. The anti-masonic
organization continued until after the election of 1832, at
which they supported candidates of their own, William
Wirt, of Maryland, for president, and Amos Ellmaker, of
Pennsylvania, for vice-president.
The Adams party, formerly so called, was for a time distinguished as the national republican party, until a year or'two after the presidential election of 1832, when the antimasons gave up their organization and formed a union with
the national rlpublicans, under the name of wzhigs, in general
opposition to the Jackson, or, as it was then called, the
democratic party.
We have stated that, after the extinction of the federal
party, there were no questions of public policy to keep up
party distinctions. There was one, however, the tariff
question, which had at times, since 1816, engaged the attention of -congress, and had become one of general interest.
From that year may be dated what is called the protective
system. The foreign demand for the products of American
agriculture had almost entirely ceased on the restoration of
peace in Europe, and, with a view to creating a home market for our surplus breadstuffs, an act was passed for the
encouragement of domestic manufactures. Several attempts
were subsequently made in congress to modify and extend
the system, but without success, until 1824, when, after a
vigorous and protracted contest, the friends of protection
succeeded. This question did not, however, sensibly affect
the ensuing election of that year. The four candidates, as
is believed, were all friendly to the protective policy. Mr.
Clay and Gen Jackson especially were known to be its ardent supporters; the latter having taken an active part in
the senate in favor of the tariff of that year, and the former




POLITICAL PARTIES.              399
had been its leading champion in the house. Tn fact, nearly
all the prominent statesmen belonging to the old republican
party, were friends of protection; Mr. Jefferson, Mr. Madison, and Mr. Monroe, having successively made it the subject Of recommendation to congress.
It may be proper here to notice the change of position on
this subject by different parties and different sections of the
union. Even the system of moderate duties imposed during
Washington's administration, designed both for revenue
and for the encouragement of domestic manufactures, was
opposed; and chiefly by opponents of the federal party.
The tariff of 1816 met with its strongest opposition from
federal representatives of the New England states; and
among its leading supporters were representatives of southern interests, among whom were Mr. Calhoun, of South
Carolina, and his colleagues. Indeed it has by some been
called a South Carolina measure. In 1824, three of the
eastern states, Maine, Massachusetts and New Hampshire,
together with most of the southern states, including South
Carolina, were almost unanimously opposed.. to the tariff.
Of. the representatives from the three New England states
mentioned, 22, (all but 3, one from each state,) voted against
the measure. Delaware and Missouri, having each one representative, and Kentucky twelve, were unanimous in its
favor. Of the 17 votes fiom all the other southern and
south-western states, all but 7 were against it. In 1828,
the eastern states were almost unanimous in support of the
protective tariff, and have so remained; and a large majority of the southern representatives have continued in opposition.
The principal change of sentiment on this question since
the year last mentioned, has been in the middle and western
states. The union of the southern and eastern states in
1824 shows that the contest was not one between the old
parties; and it is equally evident, from other circumstances,
that the question was not involved in the ensuing presidential election. Nor had it yet become a party issue at
the first election of Gen. Jackson.  Notwithstanding he
had, during the canvass, publicly avowed his adherence to
the tariff and internal improvement policy, he received the
support of the southern states most opposed to that policy.
Soon after his election, hcwever, a material change took place




400              CTTIZEN'S MANUAL.
on this sub jt ct.  A large portion of the soutlhern section of the
democratic party having become extremely hostile to these
nmeasures, it was evident that, without some concession,
the unity of the party could nol long be maintained; and
the greater portion of the tariff section of the party, including the president, became steady and permanent cooperators with the opponents of protection. This defection,
however, was so gradual as to prevent an immediate overthrow of the system. As late as 1832, its friends carried a
bill favorable to protection.
The act of 1832, produced a strong excitement at the
south. So vehement was the opposition in South Carolina,
that measures were adopted by the legislature for forcible
resistance to its execution. The collection of duties in that
state by United States officers, was forbidden; the militia
of the state was placed at the command of the governor;
and the purchase of arms and ammunition was ordered. In
December, president Jackson issued a proclamation, in
which he discussed and denied the right claimed by that
state to nullify a law of congress and to secede from the
union, and declare the purpose of enforcing the collection
of the revenue within that state; and a bill for that purpose, called by some "force bill;" was introduced, which
soon became a law. Several things conspired to prevent
a collision between that state and the United States. The
state of Virginia interposed as mediator, and sent a cornmissioner to —pacify the public authorities of South Carolina. A bill for the reduction of duties was at the same
time pending in congress. This bill had been introduced
with the view, at least in part, of conciliating the southern opponents of the tariff. With so powerful a consideration in its favor as the prevention of a civil war, its passage began to be seriously apprehended by the friends of
the existing tariff. To prevent the injurious consequences
anticipated, from so great and sudden a reduction as the
bill contemplated, as well as to allay the southern excitemlent, a bill was introduced proposing a gradual reduction
of duties, within ten years, to a point which would satisfy
the nullifiers. This bill, of which Mr. Clay himself was
the author, although opposed by many of his party, who
were unwilling to rrake so great a concession to the enemies of protection, and one which they feared would prostrate our rising manufactures, was passed, and the south
was pacified.




POLITICAL PARTIES.               401
A number of party issues of great interest arose during
the presidency of Gen. Jackson. In his first annual message, December, 1829, he took ground against the renewal
of the charter of the bank of the United States. This attack upon that institution, more than six years before the
expiration of.its charter, and while performing its duties
to the public satisfaction, took the people by surprise. The
subject was referred, and committees in both houses made
reports in favor of the bank; but the opposition to the
bank was continued.  At the session of 1831-1832, the
stockholders of the bank petitioned congress for a renewal
of the charter, and favorable reports were again made;
and a bill for a renewal was passed, but was vetoed by the
president.  This act caused much dissatisfaction among
his political friends, especially those of the commercial and
other classes of the community interested in the- bank. The
controversy was however continued until opposition to the
bank became a popular party measure; and the charter was
suffered to expire by its own limitation in March, 1836.
The history of the two national banks shows a change of
position of men and parties similar to that witnessed on
the tariff question. The incorporation of the first bank, in
] 791, was a federal measure, and was opposed in congress
by Mr. Madison and others, who were leaders in the republican party. Mr. Madisqn having taken a conspicuous part
not only in the framing but in the defense of the constitution, was properly a federalist; but after the organization
of the government, took the side of those who opposed the
administration. The charter of that bank expired in 1811.
Application for a renewal had been made, but without success. At the session of 1814-1815, national finances being
in a bad condition, and most of the banks except those of the
New England states having suspended specie payments,
the secretary of the treasury proposed a plan of a national
bank;-a bill in conformity thereto was introduced, and
after some material alterations passed, but was vetoed by
M'r. Madison. He objected to the bill, not on the ground of
unconstitutionality, but on account of its supposed incompetency to render the government and the country the services required of such an institution. At the next session
another bill was passed, more acceptable in its provisions,
which was approved by the president. Thus we see that




402               CITIZEN'8 MANTUAL.
the second bank was a republican measure. It received its
strongest opposition from the federalists; the parties having been reversed on the question since the establishment
of the first bank.
Another material issue between the two parties during
president Jackson's administration, was the Indian question.  Intimations had been given near the close of Mr.
Adams's term, of the intention of the state of Georgia to prohibit the Indians within the territorial limits of that state
from establishing governments of their own, and to bring
them under state jurisdiction.  One of the first acts of the
new president was to send a proposition to the principal
chief of the Cherokees to discuss the subject of their removal beyond the Mississippi; but the proposition was
declined. In his first annual message, the president expressed a determination to effect their removal from Georgia and Alabama, or permit these states to subject them to
their laws. The Indians memorialized congress on the subject. They claimed, under a succession of treaties, from
an early period after the close of the revolutionary war,
made or recognized by every previous administration, the
protection of the general government in the peaceable
possession of their lands and tile right of self government.
In this contest, which lasted several years, the opposition
advocated the claims of the Indians, and the administration
party maintained the claims of the states. Under the sanction of the general government, Georgia proceeded to extend her jurisdiction over the Indians. By an act of that
state, it was made a misdemeanor for a white man to reside
within the limits of the Cherokee -nation after a certain
date. Under this act, a number of the missionaries were
indicted and convicted, and two of them were imprisoned.
Application was made to the' supreme court of the United
States; andby a decision of that court the next year, (1832,)
the law of Georgia was declared to be contrary to the constitution, treaties, and laws of the United States, and there
fore null and void: and the court ordered the discharge of
the prisoner who had applied for relief. But the mandate
of the court was disobeyed, and the prisoners were kept in
confinement; hoping, however, that the court would, at its
next annual session, take measures to enforce its mandate
But the missionaries, having become weary of the contro



POLITICAL PARTIES.              403
versy, discontinued the suit, and left the question of the
continuance of their confinement to the magnanimity of
the state.  They were at length discharged by the order
of the governor, nearly a year after the decision of the
court.
Notwithstanding this decision in favor of the Indians,
they continued to be disturbed in the possession of their
lands; and the general government refused them protection. After the president's proclamation of December, 1832,
against the nullifiers, the Indians for a time indulged some
hope of relief. In that proclamation the president had declared the authority of the supreme court to decide questions involving the constitutionality of laws and treaties;
and he had promptly recommended the passage of a law to
enforce the collection of the revenue in South Carolina;
and it was presumed the treaties would now be enforced
and the Georgians expelled. In this hope the Indians were
disappointed.  Unwilling to live under the laws of Georgia, and having given up all expectation of being allowed a government of their own, a treaty was at length
concluded with their chiefs and head men, by which they
agreed to sell their lands and remove to the west, against
the consent, however, of a large portion of the tribe. The
ratification of the treaty was objected to in the senate,
on the ground that it had not received the assent of the
part of the tribe competent to make a treaty; but it was
confirmed May, 1836, and the Indians were removed.
Another principle upon which the parties were divided,
was that of internal improvements. Although this had
never been properly a party question, the subject itself was
not a new one. The power of the general government to
make internal improvements had been frequently called in
question. As the power is not expressly granted, it must,
if it exists at all, be an implied power; that is, it must be
included in soine express power. (See Chap. XXXVI, ~ 7,
8, 9.)  Hence, in determining whether an internal improvement is authorized by the constitution, the nature and object
of the work must be considered. Under the power to " regulate commerce among the several states," congress has appropriated money for improving navigable waters, and for
constructing public roads. The difference of opinion between statesmen has been, not so much upon the question




404                CITIZEN'S MANUAL.
whether this power existed, as upon questions whether lthe
particular improv ements asked for were of such a character
as to bring thema within such power; for it is generally admitted, that a work which is wholly within the limits of a
single state, especially if its benefits are confined to the
people of that state, is not within the power of congress.
Bills for internal improvements had been vetoed by former
presidents on constitutional grounds. Mr. Adams had favTored a more liberal construction of the constitution. During the first session under Gen. Jackson's administration,
~three bills for aiding in the construction of roads were negatived by hinm; and two. others, one authorizing the general
government'to aid in the construction of a canal, another'for appropriating money for constructing light-houses, imprioving harbors, directing surveys, &c., were retained by
him until the next session of congress, when, in his annual
nmessage, he- stated his objections to these bills and to the
system  of internal improvements, and again proposed the
distribution of the surplus revenues among the states, to be
by them used for internal improvements.  Having, before
his election, publicly declared himself in favor of such improvements by the general government, many of his political friends were disappointed as well as displeased by his
vetoes. At the second session, however, bills were passed
for improving harbors and rivers, for carrying on certain
roads and other improvements, and for providing for surveys, &c., and were approved by the president. Although
during his presidential term he made a free use of the veto
upon bills of this kind, a considerable number received his
approval. He was charged by some with inconsistency
for rejecting bills on the ground of their being not of a natiozal, but of a local or state character, which were no more
liable to his alleged objections than others to which he gave
his sanction. But however he may have erred in applying
his rule of interpretation to the different bills presented to
him, it may be safely affirmed that the indiscriminate approval of all bills which might have been passed by congress, would have involved an unwarrantable expenditure,
and justly have subjected the government to the charge of
prodigality.
With this administration originated the practice of a general removal of political opponents fromn office. As the con



POLiTICAL PARTIES.                405
currence of cabinet and certain other high officers of the
government in the views of the executive is necessary to
the execution of the laws and to an efficient administration,
it had been the practice of his pidecessors to select such
officers from their political friends and supporters. Farther
than this, removals had seldom been made. But the inauguration of president Jackson was soon followed by the removal of district marshals and attorneys, surveyors and
inspectors.of ports, collectors of customs, naval officers, receivers of public moneys, auditors, controllers, and clerks
in the executive departments.  Of postmasters nearly five
hundred were said to have been displaced within the first
year. The removal of men for opinions which could not interfere with the faithful discharge of their official duties;
was pronounced by his opponents an abuse of executive
power, tending to destroy freedom of opinion and to encourage political corruption. But to whatever objections this
practice is liable, it was adopte@  by the opposing party pn
their coming into power, and appears now to be recognized
by all parties.
One case of removal and appointment occurred which,
more than any other, subjected the president to the charge
of having abused this power. The public moneys were required by law to be deposited in the Bank of the United
States; unless the secretary of the treasury should at any
time otherwise order or direct, in which case he must lay
his reasons for so doing before congress. The president,
entertaining doubts of the safety of the deposits in the bank,
directed an inquiry as to the solvency of the bank, which
was accordingly made by an agent appointed by the sece
re-tary of the treasury. He subsequently requested congress to institute another-inquiry, which should extend to
the branches. Both investigations showed the bank to be
in possession of funds to more than double the amount of
its liabilities; and by a vote of 109 to 46, the house declared
the deposits safe. The president, holding that the deposits
might be removed for other reasons, and having made arrx4ngements with certain state banks to receive and disburse
the public revenues, directed his secretary of the treasury,
WMillia.a J. Duane, to withdraw the deposits from the bank.
The secretary refused, assigning, alnong other reasons, tlhat
tle law gave to him alone the discretion to discontinue the




406               CITIZEN'S MANUAL.
deposits in the bank; that their removal was unnecessary,
and would be a breach of faith and illegal; and therefore
an act which his conscience condemned. WVhereuponWMr.
Duane was removed, and Roger B. Tanley appointed, by
whom the direction was obeyed. This act of the president
was pronounced by many of his political friends, and some
of the leading presses of the party, inexpedient and unnecessary, and an arbitrary exercise of'power; and a few
ceased to support him;. but his popularity suffered no material injury.
At the session of 1834-1835, was proposed a plan for
keeping. and disbursing the revenue by agents to be appointed by the treasurer of the United States, the money to
be collected and paid out in specie. This proposition, however, met with little favor. The mover was opposed to the
bank of the United States as unconstitutional and dangerous, and was opposed to the use of both that bank and the
state banks as depositories of the public moneys. The plan
received the votes of only 33 members, composed, as is believed, of disaffected democrats, of whom the mover was
one, and. of whigs who voted for it from their extreme hostility to the state bank, or as it was opprobriously termed,
the "pet bank" system. No other proposed measure having been successful, the deposits continued to be made in
the state banks, until after the close of Gen. Jackson's acl
ministration.
DURING THE TERAMS OF VAN BUREN, HARRISON, TYLER AND POLK.
MIR. VAN BUREN, democratic successor to Gen. Jackson,
came into office SMarch 4th, 183', in the midst of a severe
pecuniary pressure, and, only about two months before a
general suspension of specie payment by the banks, the
deposit banks as well as others. As the notes of none but
specie-paying banks could be lawfully taken and paid out
by the government officers, collections and disbursements
could only be made in violation of law. In this state of
things, the new president called a special session of congress.  He recommended the disuse of banks altogether
as fiscal agents of the government, and the substitution of
the plan which had two years before been so unfavorably
received. A bill for that purpose was introduced, passed




POLITICAL PARTIES.               407
the senate, but was lost in the house. A similar bill was
introduced at the succeeding regular session, and shared the
same fate. But in 1840, the independent treasury, as it was
called, was established.
With the accession of president Harrison, March, 1841,
the whig party for the first time obtained control of the
government. The questions at issue between the two great
parties were substantially the same as they had been for
many years. On the l1th of March, the president issued a
proclamation convening congress on the 31st of May. On
the 4th of April, just one month from the day of his inauguration, his administration was terminated by his death;
and the executive office passed into the hands of John Tyler,
who had been elected as vice-president.
As the object of the extra session was to provide a remedy for the disordered state of the currency and finances, a
bill was introduced for the repeal of the sub-treasury, as it
was generally called, and another for the incorporation of
a bank, which was still a favorite measure with a large
portion of the whig party. The former subsequently passed both houses, and was signed by the president. The
bank'bill also passed both houses; but, although it was
said to have been framed with a view to avoid the objections of the president, it received his veto. I-Ie was consulted by members of his cabiinet and a new bill was prepared with reference to his views, and passed; but this
also was negatived. This second unexpected veto was
speedily followed by the resignation of all the cabinet officers excepting the secretary of state, (Mr. Webster,) and
the adjournment of congress without accomplishing the
object for which it had been convened. No attempt has
since been made to establish a national bank.
At the ensuing regular session, (1841-1842,) after having encountered two vetoes, the whig congress succeeded in
enacting a tariff law superseding the " compromise act" of
1833, before alluded to, by which all duties above 20 per
cent. were to be gradually reduced, by the year 1842, to 20
per cent. ad valorem, which point of reduction had now
been reached. The reestablishment of a protective tariff,
which was effected by the law of t[lis session, was the
principal measure of the contemplated policy of the whigs
which they found themsclve able to accomplislh. The mena



408                CITIZEN'S MANUAL.
sure which, more than any other, signalized the administration of Mr. Tyler, was carried against the votes of a large
majority of the whigs in congress. That measure is the
annexation of Texas to the United States.
The project of annexation originated with neither of the
two political parties; nor did it become, strictly speaking,
a party measure until several years after it had been disclosed. In March, 1836, Texas, then a province of Mexico,
and in the midst of a revolution, declared herself independent.  On the receipt of the intelligence at rWashington,
congress being in session, the subject of recognizing the
independence of the new republic was immediately;ntroduced, and resolutions were adopted, in the senate unanitnously, and in the house with only 22 dissenting voices,
in favor of such recognition, whenever it should appear,
that Texas had a government capable of performing the
duties and fulfilling the obligations of an independent power.
At the next session, thle last under president Jackson's administration, the president, in a special message, advised
congress not to ackno-wledge the independence of Texas,
until she should be bey ond the danger of being again subjected to Mexico; sta ing as a reason, that the revolution-'ists had instituted a government similar to our own, and
had resolved, on our recognition of their independence, to
ask for admission into the union; and also to ask us to acknowledge their title to the territory. The moveiment, if too
early, might subject us to the imputation of seeking to establish the claims of our neighbors. to a territory with a
view to its acquisition by ourselves. Notwi-lthstanding this
advice of the president, a virtual acknowledgmnent was
adopted by both hopses. At the next session, the first
under Mr. Van Buren's administration, Texas having applied for admission, numerous remonstrances against annexation were received, and the measure failed; and the
proposition submitted by Texas for admission was withdrawn.
A  desire was expressed by southern statesmen and
southern legislatures for the annexation of Texas, in order
to secure " an equipoise of influence in the halls of congress
which should furnish a guaranty of protection " to southern
institutions; and an intimation to the same effect was
made by southern representatives on the floor of congress




POLITICAL PARTIES.              409
In December, 1843, Mr. Tyler suggested the interference of
our government, by force, to put an end to the war between
Texas and Mexico; and it was subsequently ascertained
that a treaty had already been concluded by Mr. Calhoun,
secretary of state, and the Texan ministers, and sent to the
senate for ratification. The treaty, however, was rejected.
The objections to the treaty were, (1.) That it would cause
a war with Mexico; (2.) As Texas claimed a large portion
of territory beyond her acknowledged boundary, to receive her would compel us to defend the claim against
AMexico; (3.) The annexation of a foreign nation was not
authorized by the constitution. Although annexation had
not been a party question, all,. or nearly all, the democratic
senators from the free states, but for these objections would
have voted for the treaty. Of the ten, six, together with
Mr. Benton, of Missouri, a slave state, voted against it.
Pending the presidential election of that year, (1844,)
annexation became a party question. Mr. Van Buren and
MIir. Clay were, prospectively, the candidates of their respective parties. Having been interrogated as to their views
on annexation, both expressed themselves against the measure under existing circumstances. Mr. Clay was subsequently nominated as the whig candidate. In the democratic convention, Mr. Van Buren received a majority of
all the votes; but the convention having adopted a rule
requiring a majority of two-thirds, and southern delegates
insisting on having a candidate favorable to annexation;
JMr. Polk of Tennessee was nominated. The project of a
national bank having been generally abandoned, the tariff
question had been for some time the principal issue between
the parties; the democratic party being opposed to the
tariff of 1842. To this question two others were now added. A resolution was adopted, by the convention, declaring " that our title to the whole of Oregon was clear and
unquestionable; that no portion of it ought to be ceded to
England or any other foreign power; and that the reoccupation of Oregon and the reannexation of Texas were great
American measures entitled to the ccrdial support of the
demo6racy of the union."
To some readers the reasons for the use of the words
"reoccupation" and "reAnnexation," which imply a former
possession, may need some explanation. The United States,
18




41]0              CITIZENS MAINUAL.
Russia, and Great Britain, had severally claimed portions
of the Oregon country. Great Britain being unwilling to
relinquish her claim, though wholly unjust, as our government believed, a treaty arrangement was made in 1818, by
which the parties were to occupy it jointly; the portions
claimed by them respectively to be free and open, for ten
years, to the vessels, citizens, and subjects of both powers.
At ttile expiration of ten years, the agreement was renewed; after which the joint occupancy might be terminated by either party giving to the other twelve months'
notice. By a' treaty between the United States and Russia, in 1824, a boundary line was established at 54 degrees 40 minutes north latitude. American fur traders had
taken possession near the mouth of the Columbia river,
and in 1810 built a small town called Astoria.  During
the war, the British traders, with the aid of the Indians,
had driven off our traders, and held possession until it
was restored by the treaty'of Ghent. On retaking possession, the agent of the United States took possession
also of a British post, the English settlers protesting
against our right to take it.
Texas is a part of the Louisiana territory purchased of
France in 1803, which it is generally admitted, extended
to the Rio Grande; but that portion lying west of the Sabine river, the western boundary of the state of Louisiana,
was surrendered to Spain by the treaty of 1819, ceding
Florida to the United States, and became again a part of
Mexico, then subject to Spain.  The facts here briefly
stated show to what the words reSccupation and reannexation refer.
Although annexation was a southern measure, the great
body of the southern whigs concurred in the views of their
party candidate. The democrats were largely in the majority in that section of the union; and as the party, north
and south, had unanimously adopted annexation as a party
measure; and as a considerable portion of the anti-annexationists voted for the anti-slavery, or "third party"
candidate, (Mr. Birney,) Mr. Polk was elected-pledged to
favor the annexation of Texas, and to maintain our claim
to the whole of Oregon.
At the next session, (1844-1845,) the last under Mr
Tryler, while a negotiation was pending between four gov




POLITICAL PARTIES.              411
ernment and Great Britain on the Oregon question, a bill
to estab.ish a government for that territory passed the
house, but was not finally acted on in the senate. In 1843,
pursuant to a' recommendation of Mr. Tyler, a bill to authorize the taking of possession of the territory had passed
the senate; and in 1844 an unsuccessful attempt was made
to pass a resolution proposing to notify Great Britain of
our intention to terminate the joint occupancy. The negotiation was continued until after Mr. Polk came into office,
and was abandoned; and apprehensions were entertained of a war between the. two countries. The difficulty
was finally compromised by an agreement to divide the
territory; our government conceding to Great Britain all
that portion of it lying north of the 49th degree, a line
which the latter had for years proposed as a boundary.
Annexation was completed on the last days of Mr. Tyler's
term, March, 1845. There were in both houses majorities
in favor of the scheme; but many hesitated from doubts of
the constitutionality of annexing either by joint resolution
of the two houses, or by treaty. A resolution, however,
for admission passed the house, and was sent' to the senate.
Some of the senators being of the opinion that if annexation could be effected constitutionally at all, it must be
done by the treaty-making power, an amendatory resolution
was added to that of the house, (afterwards concurred in
by that body,) providing for the renewal of negotiations to
agree upon terms of admission and cession either by treaty
to be submitted to the senate, or by articles to be submitted to the two houses of congress, as the president
should direct. It was said, that two of the senators, without whose votes the resolutions could not have been
passed, voted for them  from  the belief that Mr. Polk,
upon whom they -supposed the choice of the mode of annexation would devolve, would elect that of annexing
by treaty, and would open a new negotiation. But Mr.
Tyler, to whom the resolutions were sent, on the last
business day (we believe) of the session, approved them,
and at once completed the measure by his own act.
Thus were settled the two new questions upon which the
parties joined issue in 1844; one, before the president elect
came into power; the other by himself nearly a year and
a half after his accession, and but a few days before the




412               CITIZEN'S MANUAL
passage of the reduced tariff act superseding that enacted
by the whig congress of 1842.
Before the adjustment of the Oregon difficulty with Great
Britian had been consummated, the country was surprised
by the announcement of war.  As had been expected,
Mexico, considering the admission of Texas'an act of war
on the part of the Uniited States, had declared her intention
to resent the injury and resort to arms. Apprehending
hostilities, the president had ordered Gen. Taylor with his
troops to some place on the gulf of Mexico, from which, if
occasion should demand, he could proceed to the defense of
the western frontier of Texas.  The general took his
station at Corpus Christi, onfthe west side of the Nueces.
Having remained there seven. months, and no hostile act
having been committed by Mexicans, the army in March,
1846, pursuant to orders, proceeded to the Rib Grande,
where Gen. Taylor was met by a deputation from the Mexican commander with a message protesting against the invasion of the territory of Mexico. In April hostilities
were then commenced'; and on the 11th of May the president, in a message to congress, announced a state of war,
which, he said had been "commenced on the part of Mexico, by invading our territory, and shedding the blood of
our citizens on our own soil;" and asked for the necessary
means to prosecute the war. A bill for this purpose was
promptly passed, with only 14 dissenting voices in the house,
and 2 in the senate.
This war measure, so far as concerned the president, was
highly disapproved by the almost entire whig party, both
in and out of congress. They denied the statements of the
president. Our army, they said, had invaded Mexico. Blood
had been shed on soil far beyond any Texan settlements,
and over which Texas had never exercised jurisdiction.
They also charged the president with having violated the
constitution, in having virtually made war without consulting congress, to whom alone the war power had been confided by the constitution.
Prefixed to the bill was a preamble declaring the war to
exist by the act of Mexico. To this the whig members objected; and they moved to have it struck out; but the
motion failed. Its authors were accused of a design to
comlpel the whigs to aid in shielding the president, or to




POLITICAL PARTIES.              413
bear the odium of having opposed a war sanctiolned by the
government. Their unwillingness to take the unpopular
attitude of hostility to their own country, and the prevalent
opinion that any war, however unjust; or however unlawfully made, ought to be supported, induced the opposition
so generally to vote for supplies.
During this session was introduced, or rather revived, a
principle which proved the occasion of a temporary reverse
of fortune in the democratic party. In August, the senate
received from the president a confidential message expressing his intention to propose to Mexico the. opening of a negotiation; an overture being already on the way to that
country. And as, in negotiating a peace, it might be found
necessary to purchase Mexican territory, he asked an appropriation of money. A bill appropriating two millions
for that purpose was introduced, to which Mr. Wilmot, of
Pennsylvania, a democrat, moved an amendment, providing
that slavery should never exist in any part of the territory
thus acquired. The bill, with this proviso, passed the
house; and while under consideration in the senate, when
the vote was about to be taken, action was arrested by the
announcement that the house, whose clock was a few minutes
faster than that of the senate, had been adjourned by the
speaker. At the next session, a law appropriating three
millions for this purpose was passed without the anti-sla.
very proviso.
DURING THE TERMS OF TAYLOR, FILLMORE, PIERCE AND BUCHANAN.
ALTHOUGH the principle of the "Wilmot proviso," as it
was called, was never incorporated into the national whig
party, it governed the action of the northern'whig members
of congress, and was avowed in political whig conventions
throughout the free states. Hence the nomination of Gen.
Taylor by the national whig convention in 1848, produced
great dissatisfaction among northern whigs. Unwilling to
declare his political sentiments, and being a slaveholder,
he was presumed to be opposed to the anti-slavery proviso,
to which the whigs of the free states were considered -fully
committed. Gen. Cass, the democratic candidate, declared
himself opposed to all interference, by congress, with the
subject of slavery in the territories; and it was supposed




414                CITIZEN'S MANUAL.
that, if elected, he wonu l interpose the veto to any bill on
this subject, if passed by congress.
The decided opposition of Gen. Cass to the prohibition of slavery in the territories by congress, aided probably by considerations of a personal nature, caused a
serious breach in the democratic party. Another national
convention, representing the disaffected portions of both
the two great parties, and the anti-slavery party, was held
at Buffalo, in the state of New York, and a new party
formed on the general principle of opposition to the extension of slavery.  Their resolutions declared'it to be
the duty of the federal government to abolish slavery
wherever it had the constitutional power to do so; denied
the authority of the general government over slavery
within the states-, and declared congressional action to
be the true and safe means of preventing the existence
of slavery in territory now free.  The convention nomrinated Martin Van Buren for president, and Charles Francis
Adams for vice-president. John P. Hale, who had been
previously nominated by the anti-slavery party, consented
to the withdrawal of his name from the list of candidates.
The subsequent publication of some of the views of Gen.
Taylor, among which was his repugnance to the free
use of the veto power,'from  which it was inferred that
he would not interpose it against any law prohibiting
slavery in the territories, and fears of the election of
a more objectionable candidate, induced the larger portion of the bolting whigs to return to the support of the
party, and secured the election of their candidate.
The administration of President Taylor commenced the
4th of March, 1849, and was terminated by his death
about fifteen months thereafter.  Since the time of his
coming into office, few party questions characterized as
whig or democratic have arisen. The great subject of
political agitation has been the extension of slavery.. The
general policy of President Taylor was disclosed in his
annual message, December, 1849.  A bill for the admis.
sion of California as a state had been introduced at the
preceding session of congress; but involving the disposal
of other portions of territory acquired from  Mexico, it
tailed, as did also a bill to establish a territorial government for Upper California. Presuming that any attempt




POLITICAL PARTIES.               415
to establish territorial governments in California and New
Mexico would be again attended by the proposition to
apply the proviso, and revive the excitement of former
years, which he wished to prevent, the president recommended that no territorial gove nments should be formed,
but that the people should be left to themselves until they
should have formed constitutions preparatory to admission
as states.
Several plans were proposed in both houses for the government of the new territory. The representatives of the
slave interest were opposed to the admission of California
as a free state without some equivalent to slavery. At
length, with a view to the setktlement of the whole slavery
controversy, a compromise was proposed by Mr. Clay.
The plan was opposed by southern members as not making
sufficient concession to the south, and by northern members on account of its conceding too much, or of its making
any concession at all.
The discussion was protracted to a late period of a very
long session.  The several propositions were first contained in one bill. The result was the passage of five
different bills: (1.) A bill for organizing the territory of
Utah, without any restriction as to slavery. (2.) A similar
bill for organizing the territory of New Mexico; to which
was united a bill previously passed by the senate for
establishing the boundary of Texas, proposing to pay
Texas ten millions of dollars for relinquishing her claims
to territory in New Mexico. Although this bill. did not
concede to Texas the full extent of her claims, yet it was
contended-and a2s evidence Mr. Benton referred to a map,
the accuracy of which had been acknowledged by Texan
authority-that the bill took from  New Mexico 70,000
square miles of territory. This rendered the bill the more
objectionable to northern members, as the transfer of any
territory to Texas would convert it into slave territory.
(3.) A bill to admit California. (4.) A bill providing more
effectually fog the recovery of escaped* slaves, called the
"fugitive slave bill."  (5.) A bill to abolish the slave trade
in the District of Columbia.
The slavery question had for years been obscuring party
lines, as between the. whig and democratic' parties. The
settlement of this question, which it was supposed had




416               CITIZEN'S MANUAL
been effectually idone by the late compromise, would leave
the parties to resume their former attitude. But the issues
upon which they had long been divided, were all, or nearly
all, disposed of or abandoned. The whigs were dissatisfied
with the revenue tariff of 1846; but the prospect of being
able to restore the protect;ive policy was too faint to encourage a renewal of the question.
The declarations of principle of the two national conven:
tions in 1852, showed a narrower difference of opinion upon
ordinary questions than had formerly existed: -upon that of
slavery, both took substantially the same ground. The deniocratic convention declared " that the party would abide
by the compromise measures of 1850, the act for reclaiming
fugitives included," and pledged the party " to resist all
attempts at renewing, in congress or out of it, the agitation of the slavery question, under whatever shape or color
the attempt might be made." The whig convention declared
that these " acts, the fugitive slave law included, were received and acquiesced in by the whig party of the United States;"
and they would " deprecate all further agitation of the question thus settled, and would discourage all efforts to continue
or renew such agitation whenever, wherever, or however
the attempt might be made."
Some of the acts of 1850, especially the fugitive law,
were highly obnoxious to a majority of the northern section of the whig party; and the indorsement of the whole series of acts by the convention produced an extensive lukewarmness in the party. This, with the large accessions to
the democratic party from the dissenters of 1848, who believed the altered state of the slavery question rendered a
continuance of the free-soil organization no longer necessary, gave to the democratic party an easy victory. Of the
296 electoral votes, Mr. Pierce received 264; General
Scott, 42.
Mr. Pierce came into office the 4th of March, 1853, at a
time of a comparative political calm. The exciting question
of slavery had been settled nearly three years; and there
were no apprehensions of its early renewal. The general expectation that it would remain undisturbed, was strengthened by the president, who had, in his inaugural address,
declared that the compromise measures of 1850 were constitutional, and were to be carried into effect; and he ex



POLITICAL PARTIES.               417
pressed the fervent hope that the question was at rest.
This expecta tion of continued quiet received additional confirmation from his annual message in December, whi-ch contained the following express declaration: " That this repose
is to suffer no shock during my official term, if I have power
to avert it, those who placed me here may be assured."
From these repeated assurances of the executive, the declarations of both of the national conventions that the
agitation should, if possible, be repressed, and the general
acquiescence of the people in those measures, the revival of
the agitation at so early a period as that very session could
scarcely have been imagined.
On an early day of the session, a bill was reported to establish a territorial government for Nebraska. This bill
also contemplated the repeal of the Missouri compromise.
Perhaps somle young reader may not know what is meant
by this compromise.  In 1820, the people of Missouri
applied for admission into the union as a state with a constitution allowing slavery. An amendment was moved
with a view to the prohibition of slavery in that state,
as a condition of its admission. After a long controversy
the question was compromised. The southern boundary of
the state was on the line of 36 decrees 30 minutes north
latitude; and it was agreed that Missouri should be
admitted with slavery, but in no other portion of the territory acquired from France under the name of Louisiana,
lying north of that line, should slavery ever be permitted
to exist.
The bill to organize Nebraska was subsequently amended so as to divide the territory into two, Nebraska and lKansas, with separate governments. The opening of the country to slavery north of the compromise line, produced an
intense excitement. The measure was advocated on the
ground that the people should be left free to establish such
institutions as they pleased, and that congress had no
right to enact any prohibitions on the subject. It was also
assumed that the compromise i, If 1850 had superseded
the Missouri compromise.
The opponents of the bill deprecated the violation of a
compact which had long been regarded as inviolable, north
and southj. The right of congress to interdict slavery ill
the territories had been abundantlv recognized. Tile or di.




4.18               CITIZEN'S MANUAL.
nance of 1787, excluding slavery from  the north-west
ern territory, had been sanctioned by congress under the
constitution.  And since that time, down to a late period, congress had repeatedly exercised the power of prohibiting slavery when establishing territorial governments.
The acts of 1850, they said, could not have superseded or
repealed the compromise of 1820. No such idea had been
expressed in the long debates on these measures in 1850.
And southern senators had but at the last session admitted
that the Missouri compromise could not be repealed. Nor
did the first report of the senator from  Illinois, (Mr.
i)ouglas, who reported the bill, not thirty days before,) express the opinion that the acts of 1850 had superseded the
Miissouri compromise. The democrats of the north uniting
with the south on this question, the bill was passed, in the
house, 113 to 100; in the senate 35 to 13. Of the nimembers of the house, from free states, 44, all democrats, voted
in favor of the bill; against the bill, from free states, 91, of
whom nearly all were whigs. Of the 78 southern votes,
only 9 were against the bill.
The passage of this bill produced an unprecedented excitement. Its opponents, regarding it as an aggression
upon the interests of freedom, and as disclosing the purpose
of an indefinite extension of slavery, formed a new political organization, on the general principle of preventing the
extension of slavery into fiee territory. -This party took
the name of r epublica%, and was composed of the great body
o)f the whig partity of the free states, and a considerable portion of the democrats. A new party had arisen a year or
two before, called the American party, and had increased
very rapidly. The leading principle of this party was, that
" Americans must rule America."  To this end, native born
citizens should be selected for all government offices in
preference to all others. There should also be made a change
in the naturalization laws, requiring of foreigners hereafter,
to become citizens, a residence of twenty-one years. Dur.
ing the presidential canvass of 1856, a majority of the
Americans, in several states, cooperated with the republicans. The party organization, however, was not abandoned. Parties had previously been formed upon similar prinples; but they had had a brief existence. The duration
and destiny of the present, are yet to be determined.
Local republican otganizations were first formed, it is be




POLITICAL PARTIES                419
sieved, in 1855. In 1856 was held a national convention,
composed of delegates from all the free states, and two or
three of the slave states. In the latter, however, the party
can not, at least for many years, expect to acquire any
material strength. The presidential candidate of the party
was John C. Fremont, who received the electoral votes of
all the free states except New Jersey, Penn.,Indiana, Illinois,
and California.  Of the 296 electoral votes, he received
116; Millard Fillmore, the American candidate, received 8,
being the votes of the electors of the state of Maryland;
and James Buchanan, the democratic candidate, received
1)2.
Although the chief object of one of the two great parties
is to keep the national territory open and free to the entrance
of slaveholders with their slaves; and of the other to keep
slavery out of it, there is, upon several subjects, a difference of sentiment upon which the parties base their action. It has until recently been the prevailing doctrine,
sanctioned by the practice of congress and the decision of
the national courts, that slavery, not being recognized by
the common law, can exist only where it is permitted or
established by positive enactment; and hence, that when
a slave, by consent of his master, enters any free state or
territory, he is free. It has also been held, in conformity
with the like practice, that, under the power of congress "to
dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States," congress may provide or establish governments
for the people of any portions of such territory, and consequently has power over slavery therein. These doctrines
are maintained by the republicans. They hold further, that
as slavery is against all natural right and the principles
upon which we have declared all just governments to be
founded; and as its existence in a state is highly detrimental to its prosperity; it is the duty of the general government to exclude it from all the public territory.
The democratic party, on the other hand, maintains the
doctrile assumed in 1848, that congress has no constitutional power over slavery in the territories; the power above
cited having refe lnlce nerely to the disposal of territory
as public property, and neither refers to nor i eludes the
power to govern the irnhabit&nts. And in 1854, the party




420                 CITIZEN'S MANUAL.
adopted the sentiment expressed in the Kansas and N ebraska act, which declared it to be "the true intent and meaning of this act not to legislate slavery into any territory
or state, nor to exclude it therefrom; but to leave the people
thereof perfectly free to form  and regulate their domestic
institutions in their own way, subject only to the constitution of the United States."  This declared right of the people of a territory to govern themselves without the interference of congress, was termed "popular sovereignty," a
term which was understood and intended to mean that the
people of the territory, and they alone, had the right to
make their own laws, and to allow  or prohibit slavery.
Since the expiration of the last administration, this doctrine
has been essentially modified, if not actually rejected.  It
is asserted by the present administration, not only that the
power to dispose of the territorial property conveys to congress no power to govern the people; but that the constitution, by recognizing the right of property in slaves, carries with it into the territories the right to hold slaves therein; and the people of the territory have izot the power to
exclude slavery by law, while in a territorial condition.
This prohibition must be postponed until they form a state
constitution; when congress may admit the state with or
without slavery. It has also been declared by the president and others of high authority, and appears to have the
assent of the party, that under the constitution, no person
of the African race is, or can be made, a citizen of the
United States.
In order to a proper understanding of the several points
at issue between the two great national parties, reference
must be had to the history of the action of congress and
the executive on this question, and of the controversy between the pro-slavery and free-state parties in-Kansas.
But of this our prescribed limits forbid the briefest sketch.
Besides, the transactions are of so recent occurrence, as to
render an account of them in-this place the less necessary.
Therefore we here conclude our sketch of parties.*
* The importance of a familiar acquaintance with our political history, inust
be apparent to every one. It is, in fact, by -i knowledge of the practical working
of our system of government, that the citizen is enabled to mflake an intelligent
application of the knowledge acquired frorm the study of constitutional jerisprudence and political economy. The author takes the liberty to refer the lreader




PRACTICAL OBSERVATIONS.               421
PRACTICAL OBSERVATIONS.
THERE is an opinion that parties are evils upon the body
politic.  The more popular sentiment, however, is, "that
parties in free countries are useful checks upon the administration of the government, and serve to keep alive
the spirit of liberty." To whatever weight these opinions
may be entitled, we think it may be affirmed of parties
that they are unavoidable-that they exist of necessity;
and that their good or bad influence depends upon their
proper use or their abuse. Unanimity of sentiment is not
to be expected in a political community where freedom of
thought and of speech is fully enjoyed; and a division of
its members into parties, is both natural, inevitable, and proper. Some believe a certain measure or series of measures
to be most conducive to the general welfare; others think
the end more likely to be attained by measures of a different character.  Entertaining these different opinions, each
party engages in appropriate efforts to secure the success
of its favorite policy. And while the contending parties
keep steadily in view the true object of all party organizations-the public good-no great evils are to be apprehended. For, though majorities, acting with due care and
deliberation, sometimes misjudge as to the effects of their
measures, their mistakes are not necessarily productive of
lasting injury, as a change of policy may be speedily
effected.
But serious evils do often result from the acts of political
parties.  The existence of parties is, however, the occasion
rather than the cause of these evils.  It is by the perversion
of parties-by diverting them from their original and le
gitimate purpose-that the evil is produced.  Parties are
often controlled by corrupt and aspiring men with a view
to their own aggrandizement. This is sometimes done by
maligning their opponents and disparaging their measures.
The wisest policy is not unfrequently assailed by sophistical and ingenious arguments; and different measures are
to The American Statesman, a Political History of this country from its first
settlement, complete in a single volume, and at a price which readers it accesbible to nearly every citizen.




122               CITIZEN'S MANUAL.
proposed promising benefits which their projectors know
fiull well can never be realized. The people become dissatisfied. These crafty mer fan this dissatisfaction into a
flame, and turn the excitement to the success of their party
and their own elevation. Thus stimulated by irregular
passion, and misled by artful misrepresentation, the people
sometimes call for measures which afterward they lament
and condemn; or they are deceived into acquiescence in
these measures by the misrepresentations of these same.
men as to the real cause of the evils complained of.
It is a lamentable fact, that men of this description control, to a great extent, the legislation of this country. This
is done in two ways: First, by outside influence. Our
state and national legislatures are at every session beleagured by large numbers of men who have private ends
to be answered. Representatives wanting firmness are
fatigued into fompliance. The integrity of others is assailed, and in too many cases yields to the considerations
offered, as has been abundantly proved by late investigations. Secondly, by a direct participation in the enactment
of laws. These men wield the machinery of party to lift
themselves into power, and take the business of making
the laws into their own hands.  We would by no means
be understood to accuse majorities in our legislative bodies
of corrupt legislation. The most mischievous enactments
are sometimes effected by the subtlety of a few designing
men.
The means by which this latter class of men reach their
position is well known. The mass of our citizens are culpably indifferent respecting public affairs. They allow the
slightest considerations to interfere with the discharge of
their political duties. A majority of them, it is true, cast
their suffrages at the elections; but they leave the primary meetings and the conventions to be controlled by the
few for the especial benefit of themselves and their friends.
This general apathy affords a powerful encouragement to
office-seeking, which has become alarmingly prevalent in
this country. How few men most eminent for their talents
and private worth are elected to the most honorable and
responsible offices! Thousands who would never be called
from private life, taking advantage of this prevailing indifference, find it an easy matter to secure nominations,




PRACTICAL OBSERVATIONS.             423
which seldom fail of a unanimous ratification of the party
at the polls. Allegiance to party is held by some a paramount duty. Others, afraid of the party displeasure, vote
for the ".regular ticket" against their better judgment. As
mistakes made at the primary meetings and nominating
conventions are so seldom corrected at the ballot-box, how
important that these meetings which give character to the
nominations, and, by consequence, to the public administration, should be participated in by the mass of the electors!
We notice a popular error in respect to parties. It is
supposed that a party, if its principles are correct, must
needs be, or ought to be, perpetual. But parties are formed
for the promotion of definite objects. When these objects
have been accomplished, why should these hostile organizations be continued? New questions arise, upon which
the people naturally divide  anew, according  to their
opinions upon these particular questions. But cases are
not rare in which parties have maintained the same division upon new questions bearing not the remotest relation
or the least similarity to those which had been effectually
disposed of. It is therefore to be presumed, that either a
large portion of the members of each party surrendered
their independence of opinion, or all happenec to form the
same conclusions. Strange that in politics alone there
should occur such remarkable coincidences of opinion I
Hence we see how this unnatural continuance of party organizations after their original purposes have been subserved, tends to destroy that political independence without
which the elective franchise is of no value.
Nor is it less erroneous to suppose that political consistency requires the indiscriminate support of all party
measures, or an undeviating adherence, under all circumstances, to the same political organization. Parties sometimes, from motives of expediency, change their position
on public questions. He that follows his party in such
cases, justly incurs the charge of inconsistency. Or a man
may, for satisfactory reasons, change his political opinions.
A continued adherence to the party in that case argues a
want of honesty.
Parties are often diverted from their legitimate purposes
by the pernicious influence of party spirit. By party




424                CITIZEN'S MANUAL.
spirit is not meant simply a desire, however strong, for the
success of one's party. It is a disposition to support a party
for the sake of the party, and manifests a deeper solicitude
for the triumph of party than for principle or the publi6
good. There are many who seem  to imagine, that the
overthrow or disorganization of their party would be a
public calamity second only to the loss of liberty itself.
This overestimate of the value of party gives demagogues
great power over the public mind. Appeals to party prejudice are seldom  unavailing. Let it but be intimated
that the party is in danger, and its devotees hasten to its
defense with intense enthusiasm. Party spirit indisposes
the mind to investigation, closes it against the clearest
evidence, and thus fortifies it against conviction. A man
under the dominion of this passion is beyond the reach of
reason and argument. He shrinks from a candid examination of his own opinions, lest he should find something
to shake or unsettle them. He maintains an obstinate adherence to his crude notions, and prides himself in his fancied political firmness. To him, party is all in all; and
believing in the infallibility of its leaders, they find him a
fit instrument to subserve their ambitious purposes.
The baneful effects of the spirit of party are seen in every
department of the government. In our legislatures, state
and national, measures are not unfrequently supported and
opposed simply from their supposed effect upon parties.
When party and the public interest come into conflict, the
claims of the latter are made to yield. In the executive
department, the influence of this spirit is most clearly seen
in the exercise of the appointing power. Patronage is often bestowed solely as a reward for party services. Fidelity to party is made an indispensable qualification for
office, while tried integrity, distinguished abilities, and
acknowledged statesmanship, are among the minor recommendations to executive favor.
Nor have our judicial tribunals wholly escaped this contaminating influence. Charges of judicial obliquity should
not be made upon slight grounds. The decisions of our
courts are entitled to respectful consideration. They are
nevertheless proper subjects of criticism, and sometimes
of public censure. Our judicial records furnish numerous
instances in which benches have been divided in their de



PRACTICAL OBSERVATIONS              425
cisions in strict accordance with their division in politics.
There is in this no certain evidence of judicial corruption;
yet when six, or eight, or more members of a court divide
upon questions of law exactly as they are divided in politics, there is reason to suspect that their judgments
are swayed-insensibly perhaps —by the malign spirit of
party.
With singular accuracy does the Father of his country,
in his Farewell Address, describe the effects of party
spirit. He had encountered it in his own administration,
and he felt the necessity of cautioning his countrymen
against this " worst enemy of popular governments."
The conduct of the political press, too, is more or less
affected by this spirit. This remark is not intended for
general application. The press has been not inappropriately styled " the palladium of liberty." It has contributed
too largely to our national prosperity and fame to be
lightly esteemed or traduced. It will not, however, be
disputed, that in many instances it is wanting in independence, and aims at no higher object than the interests
of party, or perhaps of a few designing men who control
it ibr their own individual benefit. Such presses aggravate the evils of party spirit by inflaming the passions of
men, and engendering  and keeping  alive party animosities. Political questions they seldom discuss with
candor. Facts, the knowledge of which is indispensable
to the formation of right opinions, are often studiously
concealed, and the views of political opponents misrepresented.
Party spirit is intolerant and vindictive. It proscribes
men for expressing their honest opinions. It exacts an
unfaltering devotion to party as a condition upon which
official favors are granted. A man who presumes to dissent from his party upon a single point, loses his party
standing, and with it his office, if he has one, as soon as
the appointing power or a popular election can displace
him. This tends to destroy political independence, and
encourages political dishonesty. When the frank avowal
of a man's sentiments exposes him to the loss of office, or
when entire assent to a party creed is made prerequisite
to office, there is a strong temptation to dcpart from the
principles of political rectitude. In other'v ords, when a




42(;              CITIZEN'S MANUAL.
man's bread depends upon his political opinions, honesty
in politics will not always be considered the best policy.
This reward -and punishment system, though sanctioned
by the practice of all modern parties, is liable to sound
objections. Changes of political sentiment and of party
relations often take place, which cannot reasonably be
ascribed to'any other motive than that above suggested.'We have noticed some of the evils incident to political
parties, and which have found their way into the government itself. These evils, we think, may be justly traced
to one grand cause; which cause, and the remedy it is proposed now to consider. That cause is found in a DEFECTIVE
POPULAR EDUCATION, the bare mention of which suggests the
true remedy; namely, THE EDUCATION OF AMERICAN CITIZENS
WITH SPECIAL REFERENCE TO THE GREAT BUSINESS OF SELF-GOVERNMENT.
Notwithstanding the comparative general intelligence
of the people of the United States, it must be confessed
that the greater portion of themn are greatly deficient in
political knowledge. They have notbeen duly instructed
in their duties and responsibilities as citizens of a free
government. The unhappy consequences of this defect in
their education can not have escaped the notice of any person of ordinary observation. That our country has been
prosperous beyond all precedent, is readily admitted.
Fortunately we live under a government admirably adapted
to promote the well-being of its citizens, and any tolerable
adminiistration of it, according to established forms, must
insure a good degree of prosperity. But, successful as our
free institutions have proved, they are doubtless capable
of conferring a far greater amount of happiness than has
yet fallen to the lot of the American people.
Although our national prosperity has,'on the whole,
been great and rapid, it has experienced frequent interruptions and reverses, some of them for considerable periods of time. If those- entrusted with the public administration had that knowledge of political economy which
ought to be possessed by all who aspire to responsible
stations in the government, and which may under ordinary
circumstances be attained, it is believed these interruptions
would rarely if ever occur. But to secure this result, the
people themselves must be better instructed in political




PRACTICAL DBSERVATIONS.            42'
science. Although it, is not to be presumed that the mass
of the electors will ever be, or can become, profound political economists, they may acquire such lnowledge of
the general principles of the science, and of the operation
and effect of the laws relating to the various interests of
the country, as would enable them effectually to guiard.
against or correct the mistakes of their representatives.
This knowledge need not be confined to the few who have
the most leisure to devote to its acquisition. Every man
possessing ordinary skill in the management of his private
affairs, may gain a knowledge of public economy sufficient
not only to qualify him for the intelligent discharge of the
duties of an elector, but to give him an honorable standing
in the national or state councils.
The general diffusion of a knowledge of political science
would more fully develop the democratic principle in our
government. The fundamental principle of true demiocracy
is political equality. The constitution recognizes no distinctionr of class. It confers no special privileges. It
places all classes on a level at the ballot-box. But to
render their power equally effective, all must exercise it
with equal discretion.
A wider dissemination of political knowledge would se,
cure to the laboring classes, so called, a more efficient
representation in the state and national councils. They
have not hitherto had that measure of influence in the government to which their numbers entitle them, or which
their interests demand. Of the higher offices, tile professional classes have enjoyed almost a monopoly. This
is in a measure the result of necessity. A vastly smaller
proportion of the former than of the latter have fitted themselves for the more responsible offices. Even where, as in
the lower branch of our state legislatures, they are more
learly represented in proportion to their numbers, owing
to their more limited knowledge of public affairs, they have
i ot a corresponding influence. Constituting, as they do,
the great majority of the electors, they may elect represcltatives from. among themselves at pleasure; but the
election of any number of their own class destitute of the
requisite qualifications, would redound neither to their
own honor or advantage, nor to that of the state at large.
Too much importance may be attached to the proportional




428                CITIZEN'S MANUATL.
representation of the different classes. Yet an increase of
representation from the agricnltural and mechanical classes
of the community would be manifestly proper, and more in
accordance with the spirit of our trepublican institutions.
A thorough knowledge of our constitutional jurisprudence would constitute an effectual safeg'ard against she
encroachments of power. Power is ever liable to abuse. To
restrain its exercise is the object of a constitution.  But
men having favorite ends to accomplish, may be induced
to exceed their constitutional powers, and to attempt a
justification of their unauthorized acts by forced or false
constructions of the constitution. Hence, if the people
would protect their rights and liberties against usurpation,
they must be capable of interpreting the constitution for
themselves.  Yet it is doubted whether one-fourth of the
electors are familiar with its provisions. A large portion
or thlen have never given it a single careful perusal; and
thousands in almost every state of this union, are unable
to read or understand it. Can constitutional liberty be
saf'e in such hands? How can men, with qualifications so
limited, reconcile it with a sense of justice, to take an equal
share, with their more intelligent fellow-citizens, in the
management of the important affairs of this great governmet'l'The exercise of political power by such men is
more likely to become the means of impairing or subverting our liberties than of protecting them.
rThe universal diffusion of sound political information
would restrain and moderate the spirit of party. This spirit
finds its principal aliment in ignorance. None are so much
under its control as the uninformed. Their blind party
zeal just fits them to become the dupes and tools of designing politicians. Unable to distinguish between right
and wrong in politics, they are more likely to take the
wrong than the right side. The doctrine imputed to a
certain class of religionists, that " ignorance is the mother
of devotion," finds a perfect illustration in the conduct of
these devotees of party. The intelligent politician, on the
other hand, can not be drawn into the interests of demagogues  I-e detects al departures from the true objects
and principles of his party.  Aiming at the success of
principle, he supports party vnly as a means to that end 
and when his party abandons its proper objects or violates
its principles, he withdraws his support-.




PRACTICAL OBSERVATIONS.              429
A familiar knowledge of the government would inspire
the public with a more elevated and healthful patrwtism. There
is a spurious patriotism which consists mainly in a pride
of one's country, and makes little sacrifice for any higher
object than the good of party. Genuine patriotism embraces among the objects of its highest regard the integrity of our free institutions as the means of promoting the
general welfare. But how can these be appreciated if
they are not understood? Hence, true patriotism is intelligent. It is also jealous of the nation's honor. It
would regard as a most serious calamity any act of the
government which should subject it to the reproach of civilized and christian nations. It is also disinterested.  It
leads men to make all needful sacrifices for the public
good. Nor is its benevolence limited to the present generation, but extends to the latest posterity. It is needless
to say that such patriotism is to be found among those
whose knowledge of our constitution enables them to discover its remarkable adaptation to the grand purpose of its
formation-to preserve and transmit the blessings of civil
and religious freedom.
This knowledge would also promote the purity of our elections. The ignorant elector cannot duly appreciate his
franchise. Hence, thousands annually cast their votes at
the solicitation or for the gratification of personal friends,
or at the dictation of party leaders, without any apparent
concern as to their effect upon the public interest. Many
become the victims of deception and fraud; others hold
their votes as a merchantable commodity, the subject of
bargain and sale. To those unacquainted. with modern
party tactics, the number of votes annually purchased at
stipulated prices, if it could be accurately told, would seem
incredible. Nor is this sale of votes confined to the poor
whose virtue often yields to pressing necessity. Many
who are beyond the reach of want are in the market with
their votes, which are at the disposal of the most liberal
purchaser I The vendors, unable to trace their votes to
their consequences, and therefore ignorant of their value,
consider the paltry sum  received for them  as so much
clear gain; wherqas their votes, with others controlled
in the different ways above mentioned, sometimes determine mineasures of policy which inflict upon the country a




430                CITIZEN'S MANUAL
deep and lasting injury, in wl ich these men are themselves
sharers to anr amount ten times greater than the value received for their votes.
How sad the reflection-how humiliating to the pride of
every true American-that the honor as well as the in.
terests of the nation should suffer from  the character of
our elections-elections in which the will of the honest,
enlightened portion of our citizens is defeated by the votes
of the ignorant and tit' vicious I But let not all our censure fall' upon the latter. The mass of the electors are
neither corrupt nor corruptible. They desire, so far as
they feel any concern ih the matter, to see the government
well administered. But they are criminally indifferent.
Some of them are too neglectful of the means of information to vote intelligently, and seem  to regard voting
mainly as- an act of service due to party.  Others, better informed, neglect their duty altogether.  The rabble rally at
the faintest signal, whilst large numbers of the more intelligent and conscientious electors cannot be brought to the
polls by the most urgent solicitations, or the strongest appeals to their sense of duty. By this omission of an incumbent duty, they virtually place the reins of government in the hands of those least qualified to conduct its
affairs; and not a few make a merit of this neglect, claiming for it the credit of self-denial. The moral and virtuous
constitute a large majority of the electors of the United
States, and they might, by a union of effort, puriy- our
elections, and make them what they purport-the fair ex
pression of the will of a nation of intelligent freemen.
But the most thorough political education will nevei
effect the desired reform, unless sanctified by moral and
religious principle. Let the public mind be duly imbued
with a proper  sense of religious obligation, and a palpa.
ble improvement of our political and social condition
would speedily ensue. The right of suffrage would be
more conscientiously exercised. A  greater number of
good men wculd be elected. More good laws and fewer
bad ones would be made; and the laws would be more
faithfully executed. Justice would be administered with a
more steady hand. Vice and crime would be more effectually restrained. The rights and interests of the community would be miore safely guarded, ard the great end




PRACTICAL OBSERVATIONS.            431
of civil government-the highest happiness of the peoplewould be attained.
The conservative influence of religious principle in a
body politic is not an idea of recent origin. It appears to
have been a cherished doctrine of the fathers of thf republic. Said Washington:
" Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism, who should labor to subvert these great pillars of
human happiness-these firmest props of the duties of
men and citizens. The mere politician, equally with the
pious man, ought to respect and cherish them.  A volume
could not trace all their connection with private and public felicity. Let it be simply asked, where is the security
for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments
of investigation in courts of justice? And let us with cantion indulge the supposition, that morality can be main.
tained without religion. Whatever may be conceded to
the influence of refined education on minds of peculiar
structure, reason. and experience both forbid us to expect
that national morality can prevail in exclusion of religious
principle.
" It is substantially true, that virtue or morality is a
necessary spring of popular government. The rule indeed
extends with more or less force to every species of free
government.  Who that is a fi'iend to it can look with indifference upon attempts to shake the foundation of the
fabric?"
In nothing ever done or written by this wise and good
man, are his wisdom  and patriotism  more conspicuous
than in the sentiments here quoted. These sentiments,
however, are of still earlier antiquity, as well as of higher
authority. They are briefly expressed in the following
words: "Righteousness exalteth a nation; but sin is a
reproach to any people."  "When the righteous are in
authority, the people rejoice; but when the wicked bear
rule, the people mourn."
But Washington was not the only one of the political
fathers who felt the necessity of guarding the public moru
als. The same highll moral sense was manifested by the




432                CITIZEN'S MANUAL.
patriot legislators in the days of the revolution. In the
journals of congress, under date of October 12, 1f8, we
find the following:
" frhereas true religion and good morals are the only
solid fo-mndations of public liberty:  Resolved, That it be,
and hereby is, earnestly recommended to the several states
to take the most effectual measuresfor the encouragement
thereof, and for the suppressing of theatrical entertainments, horse-racing, gamling, and such other diversions as
are productive of idleness, dissipation, and a general depra-vity of manners."
Four days later, they adopted, for their own rule of
action, the following:
" Whereas frequeDnting play-houses and theatrical entertainments has a fatal tendency to divert the mind of the
people from a due attention to the means necessary for the
defense of their co, ntry and the preservation of their liberties:  Resolved, Th;:t any person holding an office under
the United States, who shall promote or encourage such
plays shall be deemed unworthy to hold such office, and
shall be accordingly d'smissed."
If legislative assemblies represent as correctly the morals as the politicalt opinions of their constituents, we may
not congratulate ourselves on the improvement of the
standard of national morality since the time of the revolutionary fathers. There has been an increase of the
means of moral and religious improvement; but there has
also been an increase of counteracting causes. The increase of wealth and of the means of indulgence, has been
productive of idleness, dissipation and vice, especially
among the dense population of our cities and large villages, where these habits are more readily contracted. It
is doubted whether the passage of resolutions similar to
those of the old congress could be effected in legislative
bodies in these later days of the republic; or, if they
could, whether they would be sustained by public sentiment. Every man who attends a theatre may not be un
worthy ofofficial trust; yet the rule of 1778 would, it is
believed, operate injuriously in fdr fewer instances than
the lax rule of the present day which makes the habitual
patronage of theatrical and other kindred institutions no
disqualification.




PRACTICAL OBSERVATIONS               4i33
But whether there has been an advance or decline in
the public morality, is a question of minor importance. It
is sufficient to know and to act upon the truth already
known and acknowledged, that popular liberty can be safe
only as virtue and religion are duly appreciated and cherished. The present state of public morals calls loudly for
reformatory effort. And may we not indulge the hope that
this call will receive a cordial response from every Christian patriot?
No class of persons occupy a more influential or a more
responsible position than pa2rents. Good government can
be maintained only where there are good citizens and loyal
subjects. Their training begins, and that of many ends,
in the family. Here the character is mainly formed; and
it will generally be good or bad as parents are faithful or
remiss in discipline. In family education, the first lesson
to be taught is obedience. If the child is taught submission
to parental authority, it is to be presumed that the
mian Will respect the constituted authorities and  laws of
the land. But in how many families is the natural order
of government reversed I By a twoo ready compliance
with the wishes of children, they gradually acquire control over their parents, and virtually give laws to the
household. The effect of this upon the character of the
children is easily imagined. Obedience is indispensable
to the successful training of youth. Where the spirit of
obedience has obtained possession of the mind of a child,
the work of moral culture becomes comparatively easy.
But the duty of parents does not end here. The child is
to be prepared, not only to become an orderly citizen and
obedient subject, but to take an active part in the government; and every father is bound to see that his sons have
the means of acquiring a good political education; and he
can not innocently turn them upon the community unpre.pared to discharge their political duties.
Scarcely less responsible is the position of public teachers.
The aid of the schools is needed in this educational reform.
The great body of the people will never be duly qualified
for their duties as citizens, until the study of political science shall have become incorporated into the course of instruction. Probably nine-tenths of our citizens receive
the whole of their public instruction in the common schools.
19




134                CITIZEN'S MANUAl
These mlust  continue to be the nurseries of American
statesmen. Many of our future legislators, governors, and
judges, are now in the course of training in these institutions. This consideration adds much to the importance
and dignity of the teacher's profession. The instructors
of our youth are acting an important part in shaping
the destiny of the nation; and their labors and responsibility are increased by the delinquency of parents in the
training'of their children. How this should impress them
with a sense of the magnitude of their trust I The state
provides for the education of its citizens, with a view to
its own safety and prosperity, and all who assume the
office of public teacher should be well qualified to serve
the state in this capacity. Has the requisite measure of
qualification been attained by any considerable portion of
the profession? Of all tire sciences, which is of greater
practical utility to an American citizen than the science
of civil government? And yet there are few of which the
people generally, or the teachers themselves, have so little
knowledge. The question is candidly submitted, whether
the honor of the profession and the interest of the state do
not equally demand greater attention to this subject than
it has hitherto received; and whether it should not be at
once placed on the list of studies in all our public schools.
Among the causes that have retarded the introduction
of this study into the schools, are the erroneous ideas that
the subject of government is -too abstruse and difficult for
youth, and that the branches taught are already so nu,
merous as not to leave room for any new one. The truth
is, however, as experience has proved, that the elementary
principles of political science in general, and the naturel
and structure of our government in particular, are more
easily comprehended than some of those sciences which
have hitherto crowded it out of the schools; and being
more practically useful, there is no good reason why it
should not be admitted even to the exclusion of others.
Such exclusion, however, is believed to be unnecessary.
And the question is submitted to the superintendents of
public instruction and others to whom the educational interests of the states are intrusted, whether the value of
their public services would not be enhanced by proper
efforts to give this study a, place in the course of instlruo
tion.




PRACTICAL OB3ERVATIONS.            435
In conclusion, may we not appeal with confidence to the
pride and patriotism of that class of our citizens for whom
this work is more particularly designed-the young men who
have completed their school education, and are about to engage in, or have already commenced, the great business of
life? In no way can they more effectually prepare themselves for usefulness than by a course of solid reading. We
have already spoken of the necessity of religion and morality in the body politic, as a means of permanent' political
prosperity: and we might have added, that among the most
powerful aids to moral improvement is a sound literature.
Yet it is to be deeply regretted, that FICTION forms the staple
reading of many families and neighborhoods. Its impress
upon the public mind is every where seen. Novels and tales
constitute nine-tenths of the reading of some young men.
Much of this kind of literature is positively pernicious; while
the effect of that which is least exceptionable is to dissipate
the mind and produce a disrelish for all that is solid or useful, and, consequently, to dwarf the intellect. It can not
have escaped the notice of any carefull observer, how few,
comparatively, of the young men of our country give promise of intellectual greatness or eminent usefulness; how
many are likely to attain a bare respectability; and what
numbers have already acquired habits of immorality and
even of open profligacy I
But, let the puerile tales which occupy so large a space
in their libraries be displaced by works of practical utility,
and a vast change would soon appear in the character and
the pursuits of this interesting class of citizens. Works
of no description would contribute more to this happy result, than those which treat of the principles of political
science, and make men familiar with the nature and practical working of our admirable system  of government.
Few subjects involve interests so varied and important.
The social and pecuniary interests of every person are affected by the government. The connection that exists between good government and the public prosperity, is itself
one of the strongest inducements to the citizen to fit himself for the intelligent exercise of the powers and duties
devolved upon him by the constitution.
To the people of the United States is committed an important trust. Their constitution was " ordained to secure




43f6S            CITIZEN'S MANUAL.
the blessings of liberty." An experience of seventy years
has proved it adequate to this object. Corrupt ambition
and the lust of power may break down the bulwarks it has
erected. Through popular-'ignorance and indifference it
may cease to afford its wonted protection. It has been
said, " A nation may lose its liberties in a day, and not
miss them in a century." Under the forms of constitutional
liberty, the people may suffer the evils of a despotism; and
they may unwittingly become their own oppressors.
If " the price of liberty is eternal vigilance," indifference
must be dangerous. Demagoguism, party spirit, a corrupt
literature, the want of vigilance, and the other evils to
which we have alluded, are sufficient to subvert the liberties of any people. Where will these evils find an antidote
but in an IMPROVED EDUCATION-one more highly moral, intellectual, and political?  The general diffusion of moral
and religious principle, and a familiar knowledge of our
republican institutions, would make good citizens, true
patriots, and enlightened statesmen, and insure a good add
ministration and permanent political prosperity.




GOVERNMENT OF THE UNITED STATES.                43/
GOVERNMENT OF THE UNITED STATES.
SALARIES  OF THE PRINCIPAL OFFICERS.
EXECUTIVE.
President,.........  $25,000 1 Vice-President,...........$6,000
CABINET OFFICERS.
Secretary of State,.........$8,000  Secretary of War,........$8,000
Secretary of the Treasury, 8,000  Attorney-General,...... 8,000
Secretary of the Interior,  8,000  Postmaster-General,.     8,000
Secretary of the Navy,.... 8,000
J: UDICIARY.
Chief Justice Sup. Court, $6,500 { Eight As. Justices, each, $5,000
The Judges of the district courts of the states of Maine, New
Hampshire, Vermont, Rhode Island, Connecticut, Delaware, New
Jersey, Iowa; anid Wisconsin, each $2:00(0
The Judge of the northern district of Florida, $2,250.
The Judges of the western district of.Virginia, North Carolina,
eastern, western, and middle districts of Tennessee, northern and
southern districts of Mississippi, western district of Pennsylvania,
western district of Louisiana; Texas, Kentucky, northern and southern
districts of Ohio, Indiana, Missouri, eastern and western districts of
Arkansas, northern and southern districts of Illinois, and Michican,
each $2,500.
The Judges of the districts of Georgia, South Carolina, eastern district of Virginia, northern district of New York, northern and southern
districts of Alabama, each $2,750.
The Judges of the districts of Maryland, Massachusetts, eastern
district of Pennsylvania, southern district of Florida, southern district
of California, each $3,000.
The Judge of the eastern district of Louisiana, $3,500.
The Judge of the southern district of New York, $3,750.
The Judge of the northern district of California, $5,000.
5MEMBERS OF CONGRESS.
Members of Congress received from -the 4th of March, 1817, until
the year 185-, $8 a day during the session, and $8 for every twenty
miles traveled (by the usual route) in going to and returning from
the seat of government. By the act of 1856, they receive a salary of
$3,000 a year, and mileage at the rate of 40 cents a mile. For each
day's absence, unless from the cause of sickness, $8 is deducted from
the salary. The president of the Senate, pro tern., receives the same
compensation as the Vice-President. The Speaker of the.House of
Representatives receives double the salary of a member.




438                     CITIZEN'S MANUAL.
SALARIES OF UNITED STATES MINISTERS.
England.                          Ttvwo Sicilies.
Minister,........... $17,500  Minister,...............$7,500
Secretary,.............  2,625  Secretary..... 5....          1.00
Assistant Secretary....   1,500                  Tur'key.
Russia.               Minister,,..............  $7,500
Minister,.............$12,000  Secretary,............... 2,000
Secretary,...........      1,800                China.
France.               Minister,...............12,000
Minister,..............$17,500    ecretary,..........         5,000
Secretary,............    2,625                Mexico.
Assistant Secretary,..... 1,500  Minister,.........$.... 12,000
Spain.                Secretary,.........     1,800
Minister,.............12,000                Ni2caraagua.
Secretary,..........       1,800  Minister.............. $7,500
Por'tlgal. *.           Secretary,.............. 1,500.
Minister,.............  $7,500                Guatemala.
Secretary,..1,500  Minister,................$7,500
BelgizLm.              Secretary.............. 1,500
Minister,................$7,500            N~ew Granada.
Secretary.........   1,500  Minister,........7,500
Netherlands.             Secretary,...........  1,500
Minister,......... $7,500                Venezuela.
Secretary,........... 1,500  Minister,............ $7,500
Denmark.                Secretary,..... 1,500
Minister,.............$7,500                Ecuador.
Secretary,...........  1,500  Minister,......7.........$7,500
Sweden and Norway.           Secretary,............... 1,500
Minister,............... $7,500                 Brazil.
Secretary...............  1,500  Minister,............... $12,000
Prnussia.              Secretary,........          1,800
Minister,..............$12,000       Argentine Confederation.
Secretary,............  1,800  Minister,....$........ $7,500
Austria.               Secretary,............. 1,500
Minister,........... $9,000                   Chili.
Secretary,............. 1,800  Minister,..............      10,000
Switzer'land.            Secretary,........         1,500
Minister,............. $7,500                    Peru.
Secretary,............ 1,500  Minister,.............$10,000
Sarc1diia.              Secretary,.~............ 1,500
Minister,................ $7,500                Bolivia.
Secretary,.............   1,500  Mi-ister,............. 7,500
Rome.                 See;etary,..    1,500
Minister...............$7,500
Secretary,........... 1,500
NOTE.-2-By act of 1855, thle distinction. as to grade, between ministers and charges
d1' affaires, wv:s abolished; the latter also being iow called ministers. Formei;ly




STATE GOVERNMENTS.                        439
STATE GOVERNTMENTS
Governor's    General           Meeting of
Etates.       Salaccry.    Electivon.        Legislature.
Maine.............1,500  2d Meorn. Sept.       1st Wed. January.
New Hampshire,.... 1,000  2d Tu. March.         1st Wed. June.
Massachusetts,..... 3,500  Tu. af. st M. Nv.  1st Wed. Jan.
Vermont,... 1....  1.0~0  1st Tues. Sept.   2d Thur. Oct.
Rhode Island,...... 1,000  1st Wed. April.
Connecticut,........ 1,100  Ist Mon. April.   1st Wed. May.
New York........ 4,000  Tu. af. 1st M. Nv.  1st Tu. Jan.
New Jersey,.          1,800  Tu. af. st M,. Nv.  2d Tu. Jan.
Pennsylvania,......   3,000  2d Tu. October.   1st Tn. Jan.
Delaware,.......  1,333  2d Tn. Novem.    1st T. Jan. biennia,.
Maryland..........  3,600  1st Wed. Nov.       1st Wed. Jan. do.
Virginia,.....      5,000  4th Thur. May.   2d Mon. Jan. do.
North Carolina,..... 3,000  1st Thur. Aug.   3d Mon. Nov. do.
South Carolina,.....  8,500  2d Mon. Oct.       4th Mon. Novem.
Georgia,.......... 3,000  1st Mon. Oct.       1 st Mon. Nov. bies.
Florida,......... 1,500  1st Moll. Oct.         4th Xon. Nov. do.
Alabama.......... 2,500  1st Mon. Aug.    2d Mon. Nov. do.
MIississippi,..........  4,000  1st Mon. Oct   1st Mon. Nov. do.
Louisiana,......... 4,000  1st Mon. Nov.        3d Monday January.
Texas,............   3,000  1st Mon. Aug.    In December.  bien.
Arkansas,.....       1,800  1st Mon.  Aug.    1st Mon. Nov.
Missouri,.....,..    2;500  1st Mon. Aug.    Last Mon. Dec. besn.
Tennessee,........ 3,000  1st Th. Aug.         Ist Mon. Oct. do.
Kentucky,......,    2,500  1st Mon. Aug.    1st. Mon. Dec. do.
Ohio...              1,800  2d Tu. Oct.         1st Mon. Jan.  do.
Michigan__,...... 1,000  Tu. af. 1 Mon Nv.  1st Wed. Jan.  do.
Indiana,.......,.. 1,600  2d Tu. Oct.        Th. a. 1 M. Jan. do.
Illinois,..... 1. 1,500  Tu. af. 1st M. Nv.  2d Mon. Jan. do
Wisconsin,....... 1,250  Tu. af. 1st M. Nv.  1st Mon. January.
Iowa,........ 1,000  1st Mon. Oct.            2d Mon. Jan.  biens.
Minnesota,....... 2,500  2d Tu. Oct.
California,......     6,000  Tu. af. 1st M. Sp.  1st Mon. January.
In some of the states, the times of holding elections and of the
meeting of the legislatures, are alterable by law. Hence, the days
above designated may sometimes be found to disagree with those
mentioned in the constitutions of these states.
ministers received salaries of $9,000, and an outfit equal to one year's salary; and
tharges d' afflires received half as much. The salaries have been materially incereased, but the outfits are no longer allowed. Consuls are numerous. Some ot
them receive salaries, others fees of speoified amount for the severl acts of service
performed.








INDEX.
PAGE                                WAOW
Aces sories to crime,.......  107  Austria, government of,,...  34
Actions at law, defined,.... 94  Auxiliary executive depart-'"  limitation of,....360-366       ments,............. 160-162
Adjutant-general,........... 80  Bail, defined, and how taken,
Admihistrators, duties of,.. 187                              108, 109
Admission of states,....7, 167 168  Bailment,.............. 213-215
Agent, responsibilities... of,. 209  Ballot, defined,............  54
Alabama, constitution of,.   338  Bank of United States, hisAldermen, duties of,.:......   75                  tory of,.. 401, 402
Alien and sedition laws,..... 393  Bank of U. S., attempt to esAliens, rights of,........... 52                    tablish,.... 407
Alliance, treaties of......... 235    "    "  defeated byTyler, 407
Alliances by states, prohibited, 148  Banks and their operation, 89-91
Annapolis, commercial con-          Belgium, government of,....  35
vention at,.... 116  Belligerent, defined,........ 233
Appeals of suits,........ 98, 99  Betting and gaming,........ 108
Appointment, power of, (see         Bigamy, defined,.........., 106
Governor and President.)         Bill of attainder, defined, and
Apprentices,..........182, 183    may not be passed, 145, 146, 149
Aquatic rights,.........  192-194  Bills, passage of,.. 62-64, 126, 127
Aristocracy defined,........  24    "  negativing of,.....    64
Arkansas, constitution of,... 342    "  of credit, prohibited,.. 148
Army, standing,............. 161    "  of exchange,...... 221,222'
Arrest of offenders,..........  108  Blockade,,............ 242
Arsenals,..................   80  Body politic, defined,.    38, 70
Arson, defined,............ 104  Bribery, defined,........... 106
Assault and Battery,........ 107  Broker, brokerage,..210
Assessment of taxes,...... 77, 78  Burglary, defined,.......     105
Assessors, duties of,...... 77, 78  Cabinet, defined,...........  31
Assignments,... 205-207, 287-289        "    officers of,-...., 160-162
Athens, government of,...... 46  California, constitution of,... 355
Attachment, suit by,........  98  Canals, construction of,.... 85-87
Attainder of treason,........  146  Canvassing  of votes,......    55
Attorney, county, or state's        Capital, defined,............ 104
attorney,............. 72  Capitation, or poll tax,...... 74
Attorney-general, state,....,  68  Casting vote, when given,,..  63
re" "    of U. S.,.. 162  Caucusescongressional,. 396,397
Auditor, of state............  67  Challenging voters,.            64
"   of county,......,  71  Charges d' affaires,........  156
19"'




442                           INDEX.
PAGE                                PA oGI
Charter, defined,..........    48  Constables, duties of,....... 74-97
Chattel mortgages; effect of,       Consuls, how appointed....      383
205-207, 287-289      "    duties of,.. 156; 231, 232
Cherokee Indian difficulties,       Contraband goods,.......... 241
402, 403  Contracts, in general, 197-201,287
Cities, villages, &c.,....... 74-76  Contracts of sale,....201-204, 287
Citizens, privileges of,....... 166     "    obligation of, not to
Civil compact, defined,......  17                be impaired,... 149
Civil government, defined, 17, 18  Controller, or auditor,..       67
Civil society, man fitted for,  18  Convention, defined,.......   40
Clerks of counties,......... 71         "        constitutional,..  40
Codicil, defined,...... 189  Copy-rights and patents, 137, 138
Coining money by states, pro-       Coroners, powers and duties
hibited,............ 148             of,............   71
Collection of taxes,..........  78  Corporation, defined, and how, 70
Colonies. government of,... 47-49  Corporations, how formed, 70, 76
Comonmerce, regulation of, 129-133  Corruption of blood,........ 146
Commissary-general,..           80  Counties, origin and powers
Commissioners, county, du-                     of,............ 69, 70
ties of...... W......  70  County officers, powers and
Committees, legislative, ap-                         duties of,.. 69-72
pointment of,........  61  Courts, justices',.......    93-96
Common Carriers,..       214, 215    " 4  other than justices'
Common council,...      75             courts,....      99-102
Common law, defined,.....   175      "   of chancery or equity,
Commons, house of.........  80                               101, 102
Common schools, officers of,.  84      "   of probate........... 101
Commonwealth, defined,.....    25     "   of impeachment,. 102,103
Commute, defined,..........    66 " of United States,. 163-165
Compromise measures of 1850, 415  Courts Martial,..............  80
4"      endorsed by the        Crimes, defined,........ 103-107
parties,.... 416  Customs, duties, &c.,.......    128
Confederation, nature of,.... 111      "    collection of,...      1333
Congress, under confedera-          Declaration of Independence, 867
tion, how constituted, 111  Deeds, mortgages,..... 188-190,
Congress, nnder constitution,                                 283, 284
how constituted, 118-123  Delaware, constitution of,.... 311
"    powers of, (see pow-        Delegates, defined,..........   40
ers of Congress.)            under confederation, 111, 119
Connecticut, constitution of, 302  Democracy, defined,...... 24, 25
Consignor, consianee,....... 208  Democratic party,..........   398
Constitution, defined,..... 37, 38  Denmark, government of,....  28
"9      objects of,...    39  Deposit fund,.............     83
"r     how formed,..   40  Depositary, defined,........ 213
Constitutions of states, syrop-    Deposits, removal of,.... 405, 406
sis,........ 293-357  Descent of property,.... 184, 185,
Constitution, U. S,,     8.....  67-386                      278-282
" history of,..113-118  Despotism, defined,....... 23, 24
"     how amended,. 169  Devise of property,......... 184
9'     amendments to,        District of Columbia, seat of
171-175, 398-390               government, 140, 272




INDEX.                            443
PAGE                                PAGO
Dividends, defined,...... 88, 92  Florida, constitution of,..... 347
Division fences,.......... 193  Forgery, defined,......... 105
Domain, defined,...........    229  France, government of,.... 32-34
Domestic relations.      178-193  Franking privilege,......... 162
Dower, defined,.,....   189  Fraudulent sales and assign-'  indifferent states, 284-286        mnents,.. 205, 207, 287-289
Drunkards, contracts by,.... 199  Freedom of speech, &c., 176, 388
Dueling, defined,.......... 106  Freehold, Freeholder,...... 30, 52
Duties, defined,..... 50, 128, 133  Fugitives from justice,....    167
power to lay,;....... 128       "    from service,..    167
" of tonnage,......... 132  Fugitive slave bill,....           415;Easement, defined,......... 190  Fund, defined,............  82
Education, provision for, &c.. 82  Funds, various kinds of, 82, 83, 86
Elections, time of, and how         Georgia, constitution of,.... 321
conducted,..... 53-55  Germany, government of,...  34
by plurality  and        Government, civil, defined, 17, 18
majority.... 55, 56'      division and disElectors, qualifications of,.. 51-53             tribution of the
(See state constitutions.)                   powers of,....44-47
Electors of president and vice-        "         both national and
president,... 151, 152               federal,......... 118
Embargo on trade,..... 395, 396  Governor and lieutenant-govEmbassadors and foreign min-            ernor, duties of,.... 65, 66
isters, their appointment      Graves, opening of,........ 106
and duties,........ 155, 156  Great Britain, government of,
Embezzlement, defined,...... 105                                29-31
Eno'rossment of-bills.......  63  Greece, government of......  36
Envoys, (see Embassadors.)          Guardian and Nward,........  181
Escapes, aided or permitted, 106  Gunboats,.................       395
107  Habeas corpus,.........145, 177
Excise, defined,.......... 128  Helvetic confederacy,......  36
Execution, in justice courts,  97  Hereditaments, defined,...  190
Executive department, state, 65-69  Higahways, survey of,.......  73
"'    of U. 8S.....   149-154       "    powers concerning, 73
6    officers,   appoint-      Holland, government of,....  35
ment and duties         Homicide, defined,....   104, 105
of,..156, 157, 160-162   Iomestead exemptions,.. 271, 272
Executors, duties of,..       187  IHungary, government of,.. 34, 35
Exemption from  execution,          Husband and wife,......179, 180,
98, 271, 272                           277, 278
Ex post facto laws, defined         Idiots and lunatics, contracts
and forbidden,.. 146 1, 149    by,............. 198, 199
Factor or agent,.........   208  Illinois, constitution of,..... 335
False imprisonment,..... 107  Impeachment, trial of,...... 102
Federal, defined,..       110  Imuposts, defined,..........   128
"   party,.... 3.. 91-39.q Incest, defined,......... 106
Federalist, papers,.........  392  Independent or subtreasury,
Fee, fee-simple, defined,.... 194      history of,........ 406, 407
Felony, power to define,.... 137  Indiana, constitution of,.... 381
Fence viewers, duties of;....  74  Indians, removal of,;...402 403




444                            INDEX
PAGE                                PAGE
Indictments, how made,.... 100  Liberty of ccnscience,....... 178
Innkeepers, liability of,...... 214  Lien, law corncerning,....210, 211
Insurance companies,......91, 92    "  mechanics',... 210, 289, 290
Interest,......      223, 290-292  Lords, house of,......           30
Internal' improvements, a par-      Louisiana, purchase of,..... 95
ty question,........ 403, 404      "     constitution of,....329
Intestates, descent of property     Maine, constitution of,.... 293
of...............278-283 Mandatary, defined........  213
Iowa, constitution of,...... 359  Manslaughter, defined,...... 104
Issues of fact and of law, de-     Marque and reprisal,.......    139
fined,................  99  Marriage, law concerning,.... 178
Joining issue,............. 95                    179, 275-277
Judges, appointment of, in          Maryland, constitution of,... 314
states,..................  99  Massachusetts, constitu. of,.. 299
(See  also  Synopsis  of       Masters and servants,.. 182, 183
state constitutions.)          Mayor, duties of,...........  75
Judges of U. S. courts, how         Mexico, war with,.......412, 413
appointed,.....156, 157  Michigan, constitution of,... 344
Judgment, confession of,....  96  Militia,..................79-81
Judgment, collection of,....  97 Ministers, public,  appointJudicial department, state, 93, &c.            ment and duties
"       "    ofU. S., 163-165             of,..........155, 156
Jurisdiction, defined........  93       "      privileges of, 230, 231
original and ap-      Minors, rights of,...... 181, 182
pellate,........ 101  Minnesota, constitution of,.. 357
Juries in justices' courts,.. 96, 97  Mints of United States,..... 136
"' grand and petit,...99, 100  Misdemeanors,..........107, 108
Justices' courts,........... 93-96  Mississippi, constitution of,.. 333
Kansas and Nebraska bill, 417, 418  Missouri, constitution of,.... 340
Kentucky, constitution of,... 323       "   compromise, repealKnout, punishment by,.....  27               ed,....,.,,. 417, 418
Larceny, defined,.......105, 106  Monarchy, defined,.........  23
Law, defined,.......  18, 21, 22  Money, power concern'g  129,135
"  common and statute,.. 175  Mortgages,................ 189
Laws, necessity of,.........   19       "    chattel,....... 287-289
"  political, civil, muni-       Murder, defined,.              104
cipal, defined,........  38 Nation, defined,............    17
Law of nations,........ 223-244  Nations, jurisdiction of,...   228
Laws of nations, defined, 226, 227     "   rights and obligations
Leases, rent, &c.,........ 194-197          of,.............. 227-232
Legislatures, state, how con-       Naturalization,....... 133, 134
stituted,.-...56-58 Navigation, regulations, 132, 133
organiza. of, 58-60       "      a:cts of G. Britain, 114
their manner of      Navy, defined,........... 161, 162
enact'g laws, 61-64  Negative, or veto, defined... 29, 64
Letters, testamentary,...... 187  Netherlands, government of,.. 35
"    of administration,.. 187  Neutral nations, rights and
Libel and slander,...... 176, 177       duties of,..........240, 243
Liberty. defined,......... 20, 21  New HIampshire, constitution
"   of speech, &c.,..176,  177       of,................... 29




INDEX.                             44B
AGs                                EPAcH
New Jersey, constitution of, 307  Political law, defined,......  38
New York, constitution of,.. 304  Political parties, sketch of, 391
Nobles, defined,............ 24        "    power,  by  whom
Nonsuit,judgment of,.......  96                exercised,....6. 51-53,
Norway, governmnent of,.....  36 Poll, defined...............  54
North Carolina, constitu. of, 318  Poll or capitation tax,....94, 147
Notaries public,............ 222 Polygamy, defined,......... 106
Nullification,...........394, 400  Poor, overseers of,.......... 74
Oaths of office............. 9, 170  Postage, rates of,.......274, 275
"   test, forbidden,....... 170  Postmaster-general,......... 162
Obligation of contracts,..... 149  Postmasters, appointment of, 162
Obligations of nations,...... 229                                273
Offenders, arrest of,......    108              duties of,        162
Ohio, constitution of,....... 327       "       compensation of, 275
Opening of graves,......, 106  Powers of congress,.......
Oregon, a party question, 409-411      "   to lay and collect taxes;
Overseers of highways,......  73                              127-129
poor,.....               74     "   to borrow money,.... 129
Pardon, power of,........66, 154      "   to regulate commerce,
Parent and child,......180, 181                              129-133
Parliament, how formed,... 29, 30      "   in relation to naturaliParliamentary rules,........ 245             zation and bankrupt(For subjects under this title,            cy,..........133-135
see Table of Contents.)              "   in relation to money,
Parol, contracts,....... 197, 198            weights  and  icaParties, sketch of,......., &c. 1         sures,.......... 135, 136
"'    whig and tory,...... 391      "   to punish counterfeit:
federal and anti-fed-                in,.136
eral,........... 391,  &c.    "   to establish post-offi-'    republican, old,.... 393             ces, &c.,......... 136
"'  " new,..... 418      "   to secure patents and' democratic,........ 398                copy-rights,... 137, 138
"    national republican,.. 398     "   to define and punish
"    anti-masonic,... 397, 398            piracies, &c.,... 138, 139
"    whig,.............  398  "   to declare war,.... 139
"    free-soil democratic,. 414     "   to issue letters of mar"    American,......    418               que and reprisal,... 139
Partnership, law of,.... 211-213      "   to provide for the naParty spirit.......... 425, 428            tional defense geneParty-walls............ 192, 193            rally.......... 139, 140
Patents and copy-rights, 137, 138      "   to legislate over the
Peace, treaties of......    244            District of Columbia
Peer, defined,............  30              and other public terPenalty, defined,....        19            ritory - and property, 140
Pennsylvania, constitution of, 309     "   to make all necessary
Pensions, military,..... 161, 273           and proper laws, 140, 141
Peljury, defined,...... 106         "   to declare punishment
Personal estate, defined,......77           of treason,......... 146
Piracies and felonies,....138, 139     "   to admit new  states, 167
Police courts and justices, 75, 76                                38i




446                            INDEX.
PAGE                                PAGx
Powers to dispose of and regu-      Recorder or register of county, 71
late  territory   and      Register of county, or recorder, 71
other public property,     Records, public, proving and
168, 169, 385      effect of............... 166
Powers prohibited to congress.      Removals from  office, power
(See prohibitions on congress.)      of the president concernPowers of government, legis-            ing,.........        157, 158
lative, executive, and ju-     Removals, practice established,
dicial,..............  45                              404, 405
President and vice-president,       Representative, defined...... 40
how chosen,......... 151-153  Representatives, house of,. 56, 57
President, powers and duties                         i. n congress,
of,............    154-159                    how  appol'Principal and agent,......208-210                    tioned,. 120-123
Printing, public, by  whom          Reprieve, defined, and power
and how done,......68, 69          to grant,...........  66
Privateering,......... 239, 240  Reprisals in war,.......... 234
Prizes in war,........... 240  Republic, defined,.....     24, 25
Process, defined,.....        94  Republican party, old,..... 393
Prohibitions on congress-'               "            new;...... 418
to abolish the slave trade,    Republican government, gua144-145       rantied to states,....... 169
to suspend habeas corpus, 145 Revenue, defined,.....  83
to pass bills of attainder, 145     "   national, how raised, 129
to pass expost facto laws, 146      "   average amount of,. 133
in relation to taxation and    Revolution, causes of,..... 49, 50
commerce,...... 147, 148  Rhode Island, constitution of, 301
Prohibitions on the states-        Rights and liberty, defined, 20, 21
to form  treaties; to coin     Rights of person and property,
money; to make any-              defined,.............. 176
thinc  but coin a ten-       Right of property, how  acder; to impair obliga-           quired................. 184
tion of contracts; to        Right by prescription,.. 191, 193
pass bills of attainder,                                    194
expost facto laws, 148, 149  Right of way,........... 190-192
Promissory notes,.......215-220  Right of waters,.....   192-194
Prorocue, defined,........ 30, 31  Right of search,............ 242
Protective Policy, (see tariffs.)   Riot, defined,.............. 107
Prussia, government of,....  35 Roads, (see highways.).....
Quorum, defined,....... 59 Robbery, defined,..... 105
Racing, unlawful.'....... 108  Russia, government of,.... 25-27
Railroads, how made,......87, 88  Sabbath breaking unlawful,.. 108
Ratification  of constitution, 1,70  Safe conducts and passports,. 244
171  Salaries of public officers,... 437
Ratio of representation in con-     School funds, schools, &c., 82-85
gress,............. 120-123  Secretary  of state, of state
Real estate, defined,........  77      government,............ 67
descent of,.. 184, 185  Secretary of state, (U. S.).. -. 160
278-282       "    of the treasury,... 160
Recognizance, what,..... 109         "     bf the interior....161




INDEX.                            447
PAGE                               PAGE
Secretary of war............ 161  Taxes, state,.............7-79
"    of the navy,.. 161, 162  Tender, what lawfunl,.......  149
Sedition and alien' laws,..... 393  Tennessee, constitution cf,... 325
Selectmen,.................  73  Testament, (see Wills and TesSenate, state,.......         6-58      taments.).
"   vacancy in, how filled, 58  Texas, annexation of,...... 40S-41I
" of United States,.. 123-126  Texas, constitution of,...... 349
vacancies, how filled, 125  Town clerk, duties of,.......  73
126 Town officers, election and
Servants, rights of, &c., 182, 183      duties of,.............  72-74
Sheriff and shire, origin of,. 69, 70  Towns and Townshps..... 72
Sheriff, powers and duties of, 70  Treason, against state,...... 104
Slander and libel......176, 177        "    against U. S.,.. 146, 147
Slave trade, not to be prohibit-       "    power of congress,
ed until 1808, 141-145             concerning,...... 146
"     declared piracy,.. 145  Treasurer, of state duties of, 68
Society, civil, defined,......17, 18   "      of county,.... 70, 71
"    man fitted for,...... 18        "      of towns,........  74
South American states, gov-        Treaties, how  and by whom
eminment of,..........36, 37                made,.......  155
South Carolina, resistance of,         "    by states, prohibited, 148
to tariff laws,.. 400    "    obligation of,        170
L" constitution of, 320         "    of alliance,........ 235
Sovereignty, defined,....    23        "    of peace,.........  244
"     whence derived, 41-42  Trustees of townships,..........73
Spain, government of.......  28  Turkey, government of,...... 27
Sparta, government of,......  46  Union, nature of the,...1. ]09-113
Specialty, defined,...........   197  Usury,.............  223, 290-292
State, defined,............  17 Venire, issuing of,........  97
State constitutions,......293-357  Verdict, how rendered,....96, 97
State records, effect and proof    Vermont, constitutio, of,.... 297
of,................. 166  Veto, defined...                   64
Statute law, defined,......... 175    "  in different states, (see
Stocks, public, defined,....  87         State Constitutions.)
Subpena, nature and service of, 95  Villages, incorporation of, &c.
Summons, suit by,........ 94, 95                               74-76
Superintendent of schools, 68, 84 Virginia, constitution of,.... 816
Supervisors, board of,...   70 Virgainia and Kentucky resoc"      of towns,.    70, 73      lutions of 1738, 0...393, 394
c" of highways,....     73  Viva voce, voting...........  65
Surveyor of county,..a...71, 72 Voters, qualifications ot, in difSurveyor-general, duties of,.. 68       ferent states, (see ConstiSwearing; profane, unlawful,            tutiobs,................
107, 108 War, power to declare,...... 139
Sweden, government of,.....  35   f' offensive and  Defensive,
Switzerland, government of, 36                               232, 235
Synopsis of state constitutions,     " causes and objects of,-.. 233
293-357    " reprisals in,..........   234
Tariffs,131, 132, 398, 399, 400, 407    " alliances in,............ 225
Taxaticn, by congress,... 127-129    " how declared,.........    236




448                            INDEX
PAGE                                PAGH
War, effect of, on the eIenfy's    War with Mexico,.......... 412
subjects,..........237, 238  Wills and testaments,.... 185-187
" stratagems in,.......... 239                            282, 283
" privateering, prizes, 239, 240  Wilmot proviso, history of,.. 413
"truces in,.......... 243 244  Wisconsin, constitution of,... 352








N O r E S.
Page 26, ~ 4. Slavery, or serfdom  in Russia, has recently been
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P. 162, ~ 12. The franking privilege of Postmasters has been discontinued by act of Congress.
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11 




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