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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 requiste 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 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, the 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 composed 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 classes. 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 no person shall 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 qualifications 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 member.
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 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 the 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 be 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 pay the debts and provide for the common defense, and general welfare of the 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 on 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 States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, 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 commerce or revenue, to the ports of one state, over those of another; nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another.
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 of the congress, lay 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 the number of votes for each, which list they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately choose by ballot one of them for president; and if no person have a majority, then, from the five highest on the list, the said house shall, in like manner, choose the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of the states shall be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors, shall be the vice-president. But if there should remain two or more who have equal votes, the senate shall choose from them, by ballot, the vice-president.
[By the 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 services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive, within that period, any other emolument from the United States, or any of them.
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 States.
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 offices; 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 consent of the senate, to make treaties, provided two-thirds of the senators present concur: and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public 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-president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
Article III.
Section 1. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may, from time to time, ordain and 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, under 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 more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state claiming lands under grants of different states; and between a state, or the citizens thereof; and foreign states, citizens or 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 before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the congress shall 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 power 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.
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 the 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, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments; which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress: Provided, that no 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 of this constitution, shall be as valid against the United States under this constitution, as under the confederation.
This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States, shall be the supreme 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 to any office or public trust under the United States.
Article 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-seven, and of the Independence of the United States of America, the twelfth. In witness whereof we have hereunto subscribed our names.
George Washington, President, and Deputy from Virginia.
New Hampshire.—John Langdon, Nicholas Gilman.
Massachusetts.—Nathaniel Gorham, Rufus King.
Connecticut.—Wm. Samuel Johnson, Roger Sherman.
New-York.—Alexander Hamilton.
New Jersey.—William Livingston, David Brearly, William Paterson, Jonathan Dayton.
Pennsylvania.—Benjamin 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.
Maryland.—James M'Henry, Daniel of St. Thomas Jenifer, Daniel Carroll.
Virginia.—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.
Amendments.
Article 1. 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 person 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 public danger; nor shall any person be 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.
Art. 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 witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Art. VII. 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 according to the rules of the common law.
Art. VIII. 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.
Art. 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 or 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 all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate;—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 quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. 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, from the two highest numbers on the list, the senate shall choose the vice-president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, 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 United States.
Index
Academies and colleges, 82 Accessories to crime, 220 Actions at law, defined, 64 how commenced, 64 Adjutant-general, 92 Administrators, duties of, 179 Admission of states, 158 Agent, responsibilities of, 202-204 Alabama, constitution of, 259 Aldermen, duties of, 60 Aliens, power to pass laws for the naturalization of, 121, 122 disabilities of, 121 Alliance, defined, 135 Alliances, when binding, 230, 231 by states, prohibited, 135 Amendments of the constitution, provision for, 160 Appeals of suits, 68, 69 Appellant, appellee, defined, 69 Apellate jurisdiction, defined, 70 Appointment, power of, (see Governor and President.) Apprentices and servants, 175, 176 Aquatic rights, 183, 185 Aristocracy, defined, 25 Arkansas, constitution of, 264 Army, standing, 149 Arrest and examination of offenders, 69 Arsenals, use of, 92 Arson, defined, 217 Assault and battery, 220 Assessment and collection of taxes, 76-78 Assessors, duties of, 77 Assignments, 197-199 Assumption of public debt, 160 Attachment, suit by, 68 Attainder of treason, 155 Attorney, defined, 65 Attorney, county or state's, 51, 56 Attorney-general, state, 51 of United States, 151 Auditor of state, 51 county, 65 Auxiliary executive departments, 147-151
Bail, defined, how taken, 69, 70 excessive, forbidden, 165 Bailment, 200-202 Ballot, defined, 33 Bankruptcy, power to pass laws of, 124 Banks, and their operation, 86-88 Belligerent, defined 228 Betting and gaming, 221 Bigamy, defined, 219 Bill, defined, 45 Bills, passage of, 45-43 Bills of attainder, by congress, prohibited, 133 by states, prohibited, 137 of credit, defined, 136 passage of, prohibited, 136 of exchange, 213-215 Blockade, defined, 236 Body politic, defined, 19, 54 Bribery, defined, 219 Broker and brokerage, 204, 205 Bullion, defined, 125 Burglary, defined, 218
Cabinet, defined, 147 officers of, and their powers and duties, 147 California, constitution of 277 Canals, construction of, 82-84 tolls on, 84 Canvassing of votes, 34 Capital, defined, 41, 216 Capitation or poll-tax, 76, 77, 133 Carriers of goods, liability of, 201, 202 Causes, criminal and civil, defined, 64 Casting vote, when given, 46 Challenging voters, 33 Charges d'affaires, 145 Charter, defined, 59 Chattel mortgages, 199 Cities, villages, &c., 59-62 Citizens, privileges of, in the several states, 157 Civil government, defined, 17 mankind fitted for, 17 Civil society, 17 Clearance of vessels, 120 Codicil, defined, 179 Coining money, power of, 124 by states, prohibited, 136 Collection of taxes, 76-78 Colony, defined, 95 Colonies, government of, 95 Commerce, foreign, regulation of, 114-119 Commerce, domestic, power of congress to regulate, 121, 122 with Indians, 122 Commissary-general, 92 Commissioners, county, duties of, 54 Committees, legislative, 44, 45 Common carriers, responsibilities of, 201, 202 Common council, 60 Common law, defined, 167 Commons, house of, 29 Common schools, school funds, &c., 79-82 Commonwealth, defined, 26 Confederacy, defined, 101 Confederation, when formed, 97 nature of, 98, 99, 101, 102 Confiscate, defined, 230 Congress, under confederation, how constituted, 97, 102 Congress under constitution, how constituted, 104-109 Congress, powers of, (see Powers of Congress,) Counterfeiting, defined, 218 United States coin, power to punish, 125 Connecticut, constitution of, 244 Constables, duties of, 58 Constitution, defined, 27 objects of, 27 how formed, 27, 28 of United States, 281 history of, 100 nature of, 101-104 how amended, 160 supremacy of, 161 ratification of, by the states, 162 amendments to, 163-166 Consuls, appointment of, 144 duties of, 145, 227, 228 Contraband goods, 235, 236 Contracts in general, 189-193 Contracts of sale, 193-197 Contracts, obligation of, not to be impaired, 137 Controller, or auditor, 51 Convention, defined, 28 Conventional law of nations, 224 Copy-rights and patents, power of congress concerning, 126, 127 Coroners, duties of, 55 Corporation, defined, 54 Corporations, how formed, 59 nature and powers of, 59-62 Corruption of blood, 155 Council, legislative, 38 Counties, origin of, 53, 54 powers of, 54 County officers duties of, 54-66 County commissioners, 54 Courts, justices, 63-70 county, 70 common pleas, 70 circuit, 70, 71 oyer and terminer, 71 supreme, 73 of appeals, 73 of chancery or equity, 73, 74 of probate, 74 of impeachment, 75, 76 of United States, 151, 154 martial, 92 Crime, infamous, defined, 31 Crimes and misdemeanors, 216-221 Criminal suits, defined, 64 Customs, duties, &c., defined, 113 collection of, 119
Debt, national, at different periods, 114 Declaration of war, 231 Deeds and mortgages, 181-183 Delaware, constitution of, 250 Delegate, defined, 27 Democracy, defined, 25, 26 Deposit fund, U.S., 80 Deposits in banks, 87 Depositary, responsibility of, 200 Descent of property, of intestates, 179, 180 Despotism, defined, 25 Devise of property, 177 Diplomacy, defined, 148 District of Columbia, power of congress over, 130 Dividends, defined, 86 Domestic relations, laws regulating, 171-177 Dower, defined, and right of, 183 Drunkards, contracts made by, when binding, 191 Dueling, defined, 219 Duties, imposts and excises, defined, 113 power of congress to lay, 113 of tunnage, states may not lay, 120 protective, by what authority laid, 116, 117
Easement, defined, (see Right of Way,) 183 Education, provision for, &c., 79 Elections, time of, how conducted, &c., 32-35 by plurality, 34-35 by majority, 34-35 Electors, qualifications of, 29-31 (See also Synopsis of the State Constitutions.) Electors of president and vice-president, how chosen, 140 Embassadors, ministers, &c, 144, 145 their appointment and duties, 144, 145 Embassadors, rights and powers of, 226, 227 Embezzlement, defined, 218 Envoys, (see Embassadors.) Escapes, persons aiding or permitting, punishable, 220 Excise, defined, and power to lay, 112, 113 Execution, issuing and collection of, in justices' courts, 67, 68 exemption from, 68 Executive department, state, 36, 48-50 of the United States, 138-142 officers of, their appointment and duties, 147-150 Executors, powers and duties of, 179 Ex post facto laws, passage of, prohibited, 133,137
Factor or agent, powers and responsibilities of, 202, 203 False imprisonment, defined, 220 Federal, defined, 101 Fence-viewers, duties of, 58 Fee and fee-simple, defined, 182, 186 Felony, power of congress to define and punish, 128 Florida, constitution of, 258 Forgery, defined, 218 Franchise, defined, 31 Franking privilege, to whom granted, 151 Fraudulent sales, assignments, &c., 197, 200 Freedom of speech and of the press, guarantied, 163 Freehold, freeholder, defined, 31 Fugitives from justice, provision for the apprehension of, 157 from service, apprehension and return of, 157, 158 Fund, defined, 79 Funds, various kinds of, 79-81
Georgia, constitution of, 257 Government, civil, defined, 17 different forms of, 23-26 division of powers of, 35-37 Governor and lieutenant-governor, election and duties of, 48-50 Graves, opening of, punishable, 219 Great Britain, government of, 28, 29 Habeas corpus, privilege of writ of, guarantied, 132 Hereditaments, corporeal and incorporeal, defined, 183 Highways, supervision and oversight of, 68 Homicide, various kinds of, defined, 217 Husband and wife, laws regulating the relation of, 171-174
Idiots and lunatics, contracts by, when binding, 190 Illinois, constitution of, 272 Impeachment, trial of, 75 Imposts, duties, and excises, defined, 113 Incest, defined, 219 Incorporated companies, 61 Independence of the states declared, 97 Indiana, constitution of, 270 Indians, power to regulate commerce with, 122 Indictments, how made, 77 Innkeepers, liability of, 201 Insurance companies, 89, 90 Insurrection and rebellion, defined, 90 Interest, and rates of, in the different states, 215 Intestates, descent of property of, 179, 180 Iowa, constitution of, 276 Issue, joining of, in justices' courts, 65 Issues of fact and of law, defined, 71
Joining issue in justices' courts, 65 Judges, appointment of, in the states, 70 how removable, 76 (See also Synopsis of the State Constitutions.) of the United States courts, appointment of, 144, 146 Judgment, rendering of, 65 concession and collection of, in justices' courts, 67, 68 Judicial department, state, 63-76 of the United States, 151-154 Jurisdiction, defined, 64 original and appellate, defined, 70 Juries in justices' courts, 66, 67 grand and petit, 71 Jury, right of trial by, secured, 66, 164, 165 Justices' courts, proceedings of, 64-70 Justices of the peace, jurisdiction of, 64
Kentucky, constitution of, 268
Larceny, grand and petit, defined, 218 Law, defined, 16 common and statute, defined, 167 Laws necessity of, 22 man fitted for, 17 political, civil, municipal, defined, 21, 22 manner of enacting, 43-48 Laws of nations, defined, 221, 223, 224 Leases, or estates for life, for years, at will, and by sufferance, rent, &c., 186-189 Legislatures, state, how formed, 37-40 meetings of, 40-43 organization and officers of, 41-43 Letters testamentary, and by whom issued, 179 of administration, and by whom issued, 179 Libel and slander, law concerning, 168, 169 Liberty, defined, 20, 167 of speech and of the press, secured, 163 of conscience, 19, 170 Lien, law concerning, 203, 205 Lieutenant-governor, duties of, 49 Lords, house of, 29 Louisiana, constitution of, 262
Maiming, defined, 217 Maine, constitution of, 239 Man, fitted for government and laws, 16, 17 Mandatary, responsibility of, 200 Manifest, defined, 121 Mankind, fitted for society, 15, 17 Manslaughter, defined, 217 Marque and reprisal, defined, 129 power to issue letters of, 129 states may not issue, 136 Marriage, law concerning, 171 Maryland, constitution of, 252 Massachusetts, constitution of, 242 Masters, apprentices, and servants, 175-177 Mayor, election and duties of, 60 Michigan, constitution of, 273 Militia, regulation of, 90-92 Ministers, public, their appointment and duties, 144, 145 privilege and powers of, 145, 227 Minors, rights and liabilities of, 175 Minnesota, constitution of, 278 Mints of the United States, 125 Misdemeanors, defined, 64, 221 Mississippi, constitution of, 260 Missouri, constitution of, 265 Monarchy, defined, 24, 25 Money, power of congress to borrow, 114 power of congress to coin, 124 coining of, by states, prohibited, 136 how borrowed, 84 Moral, defined, 16 law, defined, 21 Mortgages, land, nature of, 182 chattel, 199 Murder, defined, 217
Nation and state, defined, 17 Nations, jurisdiction of, 225 rights and obligations of, 226-228 Naturalization, power to pass laws concerning, 122, 123 Navigation, regulation of, 119-121 acts of Great Britain, 99 Navy department, when established, 148 Negative, or veto, defined, 47 Neutral nations, rights and duties of, 228, 234-237 New Hampshire, constitution of, 240 New Jersey, constitution of, 247 New York, constitution of, 245 New states, power of congress to admit, 158 Nonsuit, judgment of, 66 North Carolina, constitution of, 255 Notaries public, duties of, 214 Notes, promissory, 207-212
Oaths of office, 161 test, forbidden, 161 Obligation of contracts, may not be impaired, 137 Obligations of nations, 225 Offenders, arrest of and examination, 69 Offenses against the law of nations, power to define, 128 Ohio, constitution of, 269 Overseers of highways, duties of, 58 of poor, duties of, 58
Pardon and reprieve, power of, 49, 143 Parent and child, law concerning, 174, 175 Parliament, how formed, 29 Parol contracts, defined, 190 Partnership, law concerning, 205, 207 Passports, defined, 120, 121 Patents and copy-rights, how secured, 126, 127 Patriarch, defined, 23 Pawnee, liability of, 201 Peace, treaties of, 237, 238 Pennsylvania, constitution of, 248 Pensions, military, 149 Perjury, defined, 219 Personal estate, defined, 77 Piracies and felonies, power of congress concerning, 128 Pleadings, in justices' courts, 65 Police courts and justices, 60 Policy, insurance, defined, 89 Political law, defined, 21, 27 power, by whom exercised, 29-31 Poll, defined, 32, 33 Poll-list, how and by whom kept, 32 Poll or capitation tax, 76, 77, 133 Polygamy, defined, 219 Poor, overseers of, their duties, 58 Postmaster-general, power and duties of, 149, 150 Postmasters, appointment and duties of, 149, 150 compensation of, 149, 150 Post-offices and post roads, power to establish, 126 Power of congress to lay and collect taxes, &c., 112-114 to borrow money, 114 to regulate commerce, 114-119 in relation to naturalization and bankruptcy, 122-124 to coin money, and regulate weights and measures, 124-125 to punish counterfeiting, 125 to establish post-offices, &c., 126 to secure patents and copy-rights, 126, 127 to define and punish piracies, felonies, &c., 128 to declare war, 128 to issue letters of marque and reprisal, 129 to provide for the national defense, generally, 129,130 to legislate over the District of Columbia, 130 to make all necessary and proper laws, 130, 131 Power of congress to declare punishment of treason, 155 to admit new states, 158 to dispose of and regulate territory and other public property, 159 Powers prohibited to congress, (see prohibitions on congress.) Premium, defined, 89 Prescription, right by, 183, 184 President and vice-president, how chosen, 139-141 President, powers and duties of, 143-147 vacancy in office, how filled, 142 power of, to fill vacancies, 146 Principal and agent, responsibility of, 202, 205 Printing, public, by whom and how done, 52 Privateering, in what cases authorized, 233, 234 Prizes in war, how disposed of, 234 Prohibition on congress— to abolish the slave trade, 131, 132 to suspend habeas corpus, 132, 133 to pass bills of attainder, 133 to pass ex post facto laws, 133 in relation to taxation and commerce, 133, 134 to grant titles of nobility, 135 Prohibition on the states— to form treaties, alliances, &c., 135 to grant letters of marque and reprisal, 136 to coin money, 136 to emit bills of credit, 136 to make anything but coin a tender, 136 to impair the obligation of contracts, 137 to pass bills of attainder or ex post facto laws, 137 to grant titles of nobility, 137 to lay duties, 137, 138 Promissory notes, rules concerning, 207-212 Protective duties, nature of described, 116, 117
Quarantine regulations, 121 Quorum, defined, 42
Rail-roads, by what authority and how made, 84, 85 Ratification of constitution by states, 162 of treaties, 144 Ratio of representation in congress, how ascertained, &c., 105, 106 Real estate, defined, 77 of intestates, descent of, 179, 180 Rebellion, defined, 90, 91 Recognizance, defined, 69 Recorder or register, county, duties of, 55 Records, public, proving and effect of, 156, 157 Registry of vessels, 120 Religion, freedom in matters of, secured, 163 Representative, defined, 27, 28 Representatives, state, how apportioned and elected, 37-39 qualifications of, 40 Representatives in congress, how apportioned, 105 qualifications of, 104, 105 Reprieve and pardon, defined, and power to grant, 49, 143 Reprisals, power to make, forbidden to states, 136 Reprisals in war, 229, 230 Republic, defined, 26 Republican government, guarantied to the states, 159 Respondent, defined, 69 Revenue, defined, 80 national, how raised, 112-114 Revolution, causes of, 94-97 Rhode Island, constitution of, 243 Rights and liberty, defined, 18-20 Rights of person and property, defined, 18, 19, 167 Right of property, how acquired, 16, 177 Right by prescription, 184-186 Right of way, law concerning, 183, 184 Right of waters, 183, 185 Right of search, 236 Riot, defined, and how suppressed, 220 Roads, (see Highways.) Robbery, defined, 218
School funds, schools, &c., 79-82 Sealer of weights and measures, duty of, 59 Secretary of state, of state government, 50 Secretary of state of the United States, duties of, 148 of the treasury, 148 of the interior, 149 of war, 149 of the navy, 149 Selectmen, duties of, 57 Senate, state, how constituted, 38-40 Senators and representatives, qualifications of, 40 (See State Constitutions.) Senate of the United States, how formed, 108, 109 qualifications of members of, 111 vacancies in, how filled, 110, 111 Sergeant-at-arms, appointment and duties of, 42 Servants, rights and liabilities of, 176, 177 Sheriff and shire, origin of, 53, 54 powers and duties of, 55 Slander and libel, law concerning, 168, 169 Slave trade, not to be prohibited before 1808, 131, 132 declared piracy, 132 Society, civil, defined, 17 mankind fitted for, 15-17 South Carolina, constitution of, 256 Sovereignty, defined, 24 Speaker of house and senate, 41 Specialty, defined, 283 Spies in war, 233 State and nation, defined, 17 State constitutions, synopsis of, 239-280 State officers, executive, 50-52 State records, effect and proof of, 156, 157 State printer, appointment and business of, 52 Statute law, defined, 167 Stocks, public, defined, 84 Stratagems in war, 233 Subpoena, nature and service of, 65 Summons, suits commenced by, 64-66 Superintendent of schools, duties of, 52, 81 Supervisors, board of, of whom composed, 54 of towns, duties of, 54, 57 of highways, duties of, 58 Surveyor of county, 56 Surveyor-general, duties of, 52 Swearing, profane, unlawful, 221 Synopsis of the state constitutions, 239-280
Taxation, power of congress in relation to, 112-114 Taxes, assessment and collection of, 76-78 how apportioned among the states, 106-107 Tender, what lawful, 136 Tennessee, constitution of, 266 Testament, (see Wills and Testaments.) Texas, constitution of, 263 Theocracy, defined, and government of, 24 Town clerk, duties of, 57 Town officers, election and duties of, 56-59 Towns and townships, organization and powers of, 53, 56 Treason against states, defined, 217 power of congress concerning, 155, 156 attainder of, 155 Treasurer, of state, duties of, 51 of county, 54, 55 of towns, 58 Treaties, how and by whom made, 244 by states prohibited, 135 of peace, 237, 238 Treaty, defined, 144 Truces in war, 237 Trustees of townships, power and duties of, 57 Tunnage, duties, states prohibited to lay, 119, 120
Union, nature of the, 101-104 Usury, defined, and forfeiture in case of, 215
Vacancy, in legislature, how filled, 40 in United States senate, how filled, 110, 111 Venire issuing of, 67 Verdict, defined, and how rendered, 67 Vermont, constitution of, 241 Vessels, registry, and measurement of, 120 Veto, defined, 47 Veto, in different states, (see State Constitutions.) Villages, incorporation and government of, 61 Virginia, constitution of, 253 Viva voce, voting by, 34 Voters, qualifications of, in different states, (see State Constitutions.)
War, power of congress to declare, 128 offensive and defensive, 228, 231 causes and objects of, 228, 229 reprisals in, 229, 230 alliances in, 230, 231 how declared, 231 effect of, on the enemy's subjects, 232 stratagems in, 233 privateering and prizes, 233, 234 truces in, 237 Warrant, prosecution by, 69 Weights and measures, 59, 125 Wills and testaments, 177, 179 Wisconsin, constitution of, 275
Questions
Chapter I.
Sec.1. What is the natural state of mankind?
Sec.2. What renders them mutually dependent? By what means are they enabled to supply their wants?
Sec.3. Why should every man labor for himself?
Sec.4. What comes from this arrangement?
Sec.5. How are the rights of men secured to them?
Sec.6. What is law?
Sec.7. For what else than society are mankind fitted by nature? Define moral.
Sec.8. What is implied in man's having a moral nature?
Sec.9. What qualities or faculties in mankind fit them for government and law?
Sec.10. What is a state or nation?
Sec.11. What is the object of forming state associations? What is meant by civil government?
Chapter II.
Sec.2. Define the word right. May we do whatever we please?
Sec.3. Why are rights called natural? Why inalienable? How may they be lost?
Sec.4. What are personal rights? Define rights of person and right of property. State the distinction between personal rights and the rights of person.
Sec.5. Define political rights. What particular rights are political?
Sec.6. What are civil rights?
Sec.7. Religious rights? What else are they called?
Sec.8. Under what general term are the different rights embraced?
Sec.9. What is liberty? Political, civil, and religious liberty?
Sec.10. What is the difference between right and liberty?
Sec.11. What does this example further explain?
Chapter III.
Sec.1. Define law. By what names are laws distinguished?
Sec.2. Define the law of nature.
Sec.3. From what does the law of nature arise?
Sec.4. What is meant by the moral law?
Sec.5. Define political law.
Sec.6. Define municipal. How are municipal or civil laws distinguished from political?
Sec.7. Ought the divine law in all cases to be obeyed?
Sec.8. Why then are human laws necessary?
Sec.9. Can you give any other reason?
Sec.10. What measure of love is due to the Creator and our fellow men respectively?
Sec.11. What are the characteristics of this law of love?
Chapter IV.
Sec.1. What were the earliest governments? Define patriarch.
Sec.2. What was the government of the Hebrews called? Define theocracy.
Sec.3. What is sovereign or supreme power?
Sec.4. What is a monarchy? An absolute monarchy? A limited monarchy?
Sec.5. A hereditary monarchy? An elective monarchy?
Sec.6. A despotism? Define despot and tyrant.
Sec.7. What is an aristocracy? Define the word
Sec.8. What is a democracy? Define the word.
Sec.9. What is a republic? Wherein do a democracy and a republic differ?
Sec.10. What is a commonwealth?
Chapter V.
Sec.1. What is the object of civil government? How is this object best secured?
Sec.2. What is a constitution? By what name is it called?
Sec.3. What is it's nature?
Sec.4. By what authority is a constitution made?
Sec.5. By whom is a constitution formed? What is the assembly called?
Sec.6. How is a constitution adopted?
Sec.7. How are the rights of the people secured by a constitution?
Sec.8. What is the condition of the people in an absolute monarchy?
Sec.9. Describe briefly the government of Great Britain. What political rights have the people?
Sec.10. Of what does the constitution of Great Britain consist?
Chapter VI.
Sec.1. By what are the qualifications of voters prescribed?
Sec.2. Who are freemen?
Sec.3. Why should none but freemen vote?
Sec.4. Why is a term of residence required?
Sec.5. Why are not aliens immediately allowed to vote?
Sec.6. In what state do colored men vote?
Sec.7. How are electors sometimes disfranchised? What is an infamous crime?
Sec.8. What is said of property as a qualification?
Chapter VII.
Sec.1. For what purpose is the territory of a state divided?
Sec.2. What are the territorial divisions of a state called?
Sec.3. When are state elections generally held?
Sec.4. By whom are elections conducted? Define poll.
Sec.5. Describe the manner of voting. Define ballot.
Sec.6. Who may challenge voters?
Sec.7. How and why are voters registered? Are they registered in this state?
Sec.8. How is it determined what persons are elected?
Sec.10. What is viva voce voting?
Sec.11. What is an election by plurality? By majority?
Sec.12. What objections are there to either of these models?
Chapter VIII.
Sec.1, 2. What division of power is first mentioned? Give the distinction between the political and civil powers.
Sec.3. What is said of political power in absolute and mixed governments?
Sec.4. How is the civil power divided? What is the business of the legislature? How is a legislature constituted?
Sec.5. What is the executive department? In whom is the power vested?
Sec.6. What is the business of the judicial department? Of what does it consist?
Sec.7. Can you give any reasons for this division of the civil power?
Sec.8. How is the legislative power divided?
Chapter IX.
Sec.1. Of what branches is a legislature composed?
Sec.2. Why is only one called house of representatives?
Sec.3. For how long terms are senators chosen? How long in this state?
Sec.4. Why is the senate called upper house?
Sec.5. How are senators apportioned? How in this state?
Sec.6. How are representatives apportioned? For what terms elected? How apportioned, and for what term elected in this state?
Sec.7. What is the general object of apportionment?
Sec.8. How in an equal representation provided for?
Sec.9. How often are enumerations made? How often in this state? Define census?
Sec.10. What are the qualifications of senators and representatives in this state?
Sec.11. How are vacancies filled in the senate?
Chapter X.
Sec.1. How often do legislatures meet? How often in this state? What is meant by session?
Sec.2. Where do legislatures meet? What is the place called?
Sec.3. To what are members bound by their oath of office?
Sec.4. How are the houses organized? What are the presiding officers called?
Sec.5. What are their general duties?
Sec.6. What other officers are chosen? and what are their duties?
Sec.7. Define quorum. What number is a quorum in this state?
Sec.8. Are the proceedings ever secret?
Sec.9. What provision is made to prevent interruption?
Chapter XI.
Sec.1. When is the governor's message communicated? What does it contain?
Sec.2. In what other way are measures introduced?
Sec.3. What is done to expedite business? How are committees appointed? and what do they do?
Sec.5. Name some of the committees.
Sec.6. What are standing committees? Select committees?
Sec.7. How do committees discharge their duties?
Sec.8. Wherein does the utility of committees appear?
Sec.9. What is a bill?
Sec.10. By whom, and how, are bills introduced?
Sec.11. How often must a bill be read? When is it amended?
Sec.12. After the second reading and amendment, what follows?
Sec.13. Describe the proceedings on the final passage of a bill.
Sec.14. How is it acted on in the other house?
Sec.15. Why is a legislature divided into two branches?
Sec.16. Why are bills submitted to the governor for his approval? Define veto.
Sec.17. What if a governor refuses to sign a bill? Are bills presented to the governor in this state? If so, and he disapproves them, by what majorities must they be again passed? Within how many days is he to return bills in this state?
Chapter XII.
Sec.1. For what terms are governors chosen? For what term in this state?
Sec.2. What are the qualifications for governor in this state?
Sec.3. What are his general powers and duties?
Sec.4. In what cases has he power to grant reprieves and pardons? Define these words. What is commute?
Sec.5. Are any officers in this state appointed by the governor? Is there a council?
Sec.6. What are the duties of a lieutenant-governor? Is there one in this state?
Sec.7. When he acts as governor, who takes the chair of the senate?
Chapter XIII.
Sec.1. What assistant executive officers are there in this state? Are they appointed or elected?
Sec.2. What are the duties of the secretary of state?
Sec.3. Of an auditor or controller?
Sec.4. Of a treasurer?
Sec.5. Of what officers are sureties required?
Sec.6. What are the duties of an attorney-general? Is there one in this state?
Sec.7. The duties of surveyor-general? Is there one in this state?
Sec.8. A superintendent of schools?
Sec.9. What is the business of state printer?
Sec.10. What other state officers are there?
Chapter XIV.
Sec.1. For what reasons is a state divided into counties and townships?
Sec.2. How large are townships?
Sec.3. From what comes the name of county? Of shire, and sheriff?
Sec.4. Define corporation. What powers have town and county corporations?
Sec.5. In what officers are these powers vested? In whom in this state?
Sec.6. What are the duties of a county treasurer?
Sec.7. Of a register or recorder? Where are deeds, &c., recorded in this state?
Sec.8. What are a sheriff's duties?
Sec.9. What is the business of a coroner?
Sec.10. Are there state's attorneys in the counties of this state?
Sec.11. Is there a county surveyor?
Sec.12. Are county officers elected by the people in this state?
Chapter XV.
Sec.1. Into what are counties divided?
Sec.2. What is done at the annual town meetings?
Sec.3. What officers are elected? Are all there elected in the towns of this state?
Sec.4. What are those officers called who direct town affairs? What in this state?
Sec.5. What are the duties of a town clerk?
Sec.6. What officers in this state have the care of highways? What is a poll-tax?
Sec.7. By whom are the poor provided for? Are there county poor-houses in this state?
Sec.8. The duties of constables?
Sec.9. Of treasurer? Are there town treasurers in this state?
Sec.10. The duties of fence-viewers?
Sec.11. Of town-sealer?
Chapter XVI.
Sec.1. Why is the incorporation of cities, &c., necessary?
Sec.2. How are city charters obtained? Define charter?
Sec.3. What are the principal city officers called? What inferior officers are elected?
Sec.4. Are the citizens governed wholly by their own laws?
Sec.5. What criminal court is peculiar to cities?
Sec.6. What are village officers usually called?
Sec.7. Illustrate, by example, the necessity of a village incorporation?
Sec.8. Are corporations always formed by special laws?
Sec.9. What is said of incorporated companies?
Sec.10. What is peculiar in the nature of corporations?
Sec.11. In what does a state differ from other government corporations?
Sec.12. Wherein do all government corporations differ from incorporated business companies?
Chapter XVII.
Sec.2. What is the business of the judicial department?
Sec.3. If there were no courts of justice, what would be the result?
Sec.4. What are the lowest courts called? Why? Define jurisdiction?
Sec.5. To what extent has a justice jurisdiction?
Sec.6. What are civil causes? Criminal? Misdemeanors?
Sec.7. How is a suit in a justice's court commenced?
Sec.8. How is a summon served?
Sec.9. Describe the manner of joining issue.
Sec.10. How are witnesses procured? and how is the issue tried?
Sec.11. What if a defendant or plaintiff does not appear?
Sec.12. How is judgment confessed?
Chapter XVIII.
Sec.1. Why are juries instituted?
Sec.2. What is a jury? A verdict?
Sec.3. A venire?
Sec.4. How are jurors kept during their deliberations?
Sec.5. What is done if they agree? If they disagree?
Sec.6. What is an execution? What if it is not satisfied?
Sec.7. Is all personal property liable to be sold on execution?
Sec.8. What is an attachment? In what cases is it used?
Sec.9. How is it served?
Sec.10. What if a party is dissatisfied with a judgment?
Sec.11. What power have justices in cases of crime?
Sec.12. How are offenders arrested and examined?
Sec.13. How is the prisoner disposed of if the justice can not try him?
Sec.14. Define recognizance and bail?
Chapter XIX.
Sec.1. How are county courts constituted? How in this state?
Sec.2. What causes are tried in them? What is appellate and what original jurisdiction?
Sec.3. Name the courts of this state. What jurisdiction has a circuit court?
Sec.4. What juries have county and circuit courts? What is an issue of fact? An issue of law?
Sec.5. How are the jurors selected?
Sec.6. What is the business of a grand jury? Of what number does it consist in this state?
Sec.7. Describe the proceedings of a grand jury. What is an indictment?
Sec.8. Why are grand juries instituted?
Sec.9. By what instrument are grand juries required?
Sec.10. What is the opinion of some on this subject?
Sec.11. Is there a supreme court in this state? Describe it. Is there a higher court?
Sec.12. How are suits commenced in county and other higher courts?
Chapter XX.
Sec.1. What is the object of a court of chancery?
Sec.2. Mention some of its powers.
Sec.3. Are there separate and distinct chancery courts in this state?
Sec.4. How are suits commenced and tried in these courts?
Sec.5. What is the business of a probate court?
Sec.6. What is a court of impeachment? Its business? What is an impeachment? By whom made?
Sec.7. How is it done?
Sec.8. Describe the mode of trial. What follows conviction?
Sec.9. By what other modes are judicial officers removed?
Chapter XXI.
Sec.1. How is money raised for government purposes? What is a poll-tax?
Sec.2. What property is exempt from taxation? What is real, and what personal property?
Sec.3. By whom, and how, is property valued? How in this state?
Sec.5. Of what three items does the tax consist?
Sec.6. How is it ascertained?
Sec.7. Who in this state cause the tax-list to be made out, and order the taxes to be collected?
Sec.8. To whom is the money paid when collected?
Chapter XXII.
Sec.1. What is the proper object of government? How is it to be done?
Sec.2. What is the effect of education upon a people? Of ignorance?
Sec.3. Why should government provide the means of education?
Sec.4. To what extent is this done? By what means?
Sec.5. How is the deficiency in the income of the school fund supplied?
Sec.6. How, and to what extent, are school funds provided in the new states?
Sec.7. In what way, and to what extent, were the school funds increased in 1837?
Sec.8. How are school moneys from the state treasury apportioned? How is the deficiency in the public moneys to pay teachers made up?
Sec.9. Why are schools called district schools, and common schools? What officers are elected in districts?
Sec.10. What is the state superintendent in this state called?
Chapter XXIII.
Sec.1. What other duty does the government owe to the citizens?
Sec.2. What portion of the people of a state are most favored?
Sec.3. By whom are canals made? Is there such a public work in this state?
Sec.4. Why should not the money to make them be raised by a general tax?
Sec.5. How are funds sometimes provided for this purpose?
Sec.6. For the want of such funds, how is the money obtained? How is it to be repaid?
Sec.7. How is the business of borrowing done? What are state stocks?
Sec.8. What renders the purchase of state stocks a safe transaction?
Sec.9. By whom are canal affairs managed?
Sec.10. What states are most noted for their canals?
Sec.11. By whom are rail-roads usually constructed? Why is an act of incorporation necessary?
Sec.12. What does the act provide?
Sec.13. How is the capital, or stock, raised? What officers are chosen, and by whom?
Sec.14. What is the nature of these certificates of stock?
Sec.15. How do stockholders expect to be refunded? What are dividends? When are stocks at par? When above or below par?
Chapter XXIV.
Sec.1. Where were the first banks? and whence is the name derived?
Sec.2. By what authority are our banks established? How is the capital stock raised?
Sec.3. How do business men deposit and draw out their money?
Sec.4. What is a certificate of deposit? How is it made transferable? and convertible into money?
Sec.5. Describe the manner of transmitting money through banks.
Sec.6. How are banks repaid? What is saved to business men by this mode of remittance?
Sec.7. Describe the operation of lending money by a bank.
Sec.8. Describe a bank bill. What if a bank is unable to redeem its bills? How are bill-holders secured against loss?
Sec.9. What is the nature of the free banking system?
Sec.10. How does this law provide for the security of bill-holders?
Sec.11. What is the business of insurance companies? What do they insure? Define policy-premium.
Sec.12. Of what consist the profits of stock insurance companies? Show this by an example.
Sec.13. How are companies enabled to fix proper rates of insurance? Is all property insured at the same rate? Why not?
Sec.14. Describe the character of mutual insurance companies. How is money raised for paying losses?
Chapter XXV.
Sec.1. What preparation is made for the public defense? What does the word militia include?
Sec.2. For what other purpose may portions of the militia be wanted? Define insurrection and rebellion.
Sec.3. Who are liable to do military service? Who are exempt by the laws of the states generally?
Sec.4. Who by the laws of the United States?
Sec.5. What military authority have the governors and the president? Why have they this power?
Sec.6. How are persons dealt with for non-attendance and delinquency at parades?
Sec.7. What are the duties of the adjutant-general?
Sec.8. What is the business of a commissary-general? Is there one in this state? Define arsenal.
Sec.9. What is done in the case of persons averse to bearing arms? Are any exempt in this state without commuting?
Sec.10. What regulations exist in New York and Ohio?
Sec.11. For what reasons is the drilling of the whole militia deemed unnecessary?
Sec.12. What is your opinion of war? What is a better way of settling disputes between nations?
Chapter XXVI.
Sec.2. What is there in our government that renders a knowledge of it important to the people?
Sec.3. To what country were the American colonies subject? What is a colony?
Sec.4. Whence did the people derive their rights and privileges? What was the form of the colonial governments?
Sec.5. From whom did the officers derive their power? Were any elected? On whose approval did the laws finally depend?
Sec.6. What was the effect of this upon the colonists? What was the object of the laws of parliament relating to the colonies?
Sec.6, 7. What did some of these laws require?
Sec.8. By what particular means did that government secure the colonial trade? Define duty.
Sec.9. Explain the nature and effect of these duties.
Sec.10. What right did parliament claim? What act was accordingly passed? What did the colonists do? What was the final result?
Chapter XXVII.
Sec.1. When did the first continental congress meet? How were its members chosen? What great act did it do in 1776?
Sec.2. What did it in November, 1777? When did the confederation go into effect?
Sec.3. How did the union formed by it prove? What was the probable cause of its imperfections?
Sec.4. What was its leading defect? Mention some instances of its weakness?
Sec.5. What probably aided in inducng compliance with the ordinances of congress?
Sec.6. What new difficulties arose after peace? What difficulty attended the laying of duties by the states?
Sec.7. For what other purpose did congress need the power to lay duties? How had Great Britain secured the carrying trade?
Sec.8. What other trouble arose from this imperfect union?
Sec.9. How was this difficulty sought to be remedied?
Sec.10. What was the result of the meeting at Annapolis?
Sec.11. In what did the recommending of a convention result? How was the constitution ratified in the states?
Sec.12. To give it effect, how many states must ratify? When were ratifications received from Rhode Island and North Carolina?
Chapter XXVIII.
Sec.2. What is a confederacy? Was the confederation a union of people? or a union of states? From what does this appear?
Sec.3. What is the union under the constitution? Where is this declared?
Sec.4. What is said of the former independence of the states? What power has the general government acquired by the constitution?
Sec.5. How did the equality of the states in the old congress appear? To how many delegates were they entitled? How did they vote?
Sec.6. How are the states now represented? How do representatives vote?
Sec.7. State the difference between the bodies that framed and ratified the two instruments respectively.
Sec.8. Was the government under the confederation properly national? How does it appear that it was not? What change did the constitution effect?
Sec.9. What early act of the constitutional convention shows the present government to be national?
Sec.10. What departments of power were wanting under the confederation?
Sec.11. Is the present government wholly national? Why not?
Chapter XXIX.
Sec.1. Of what does congress consist? For what terms were members of the old congress appointed? Why has the term of a representative been extended to two years?
Sec.2. What qualifications are required for voting for representatives? What reasons were there for this rule?
Sec.3. What are the qualifications of a representative? Give the reasons for these qualifications.
Sec.4. Give the rule of apportioning representatives and direct taxes.
Sec.5. What made it difficult to agree upon a rule of apportionment? In what states did slavery then exist? Name the present slaveholding states.
Sec.7. Upon what terms was the question of apportionment settled?
Sec.8. Illustrate the rule by an example.
Sec.9. How are the slave states benefited by this arrangement as to taxes?
Sec.10. What do they gain as to representation?
Sec.11. How is the number of representatives limited? How often is the ratio of representation fixed?
Sec.12. Why has the ratio been from time to time increased? How is a representation secured to the smallest states?
Sec.13. State the ratio and the number of representatives after each census.
Sec.14. How is a state districted for choosing representatives? When are they chosen?
Sec.15. How are territories represented?
Chapter XXX.
Sec.1. How is the senate constituted? Upon what points did the convention differ? How was the matter settled?
Sec.2. In what provision does the federative principle appear?
Sec.3. In what is there a difference between the old congress and the senate?
Sec.4. What reasons are offered in favor of a short term of office? What in favor of a long term?
Sec.6. What is said in favor of the present term?
Sec.7. Why were not the terms of all the senators made to expire at once?
Sec.8. How are vacancies in the office of senator filled?
Sec.9. Can an appointment be made before a vacancy actually happens? State a case.
Sec.10. What reasons are there for the required qualifications of senators as to age, citizenship, and residence in the state?
Sec.11. How do bills become laws after they have been vetoed by the president?
Chapter XXXI.
Sec.2. What difference is here noticed between the general and state governments in respect to their powers?
Sec.3. What is the first in the list of powers given to congress?
Sec.4. For what purpose was this power necessary? What is direct and what indirect taxation?
Sec.5. Define duties, customs, imposts, and excises.
Sec.6. Define specific and ad valorem duties.
Sec.7. Why are duties required to be uniform throughout the United States?
Sec.8. By what means was the old national debt paid? How large was it at different periods?
Sec.9. Why is the power to borrow money necessary?
Chapter XXXII.
Sec.1. From what arose the necessity of the power to regulate foreign commerce? What was the British policy?
Sec.2. In what consisted the inequality of trade between the two countries?
Sec.3. Show, by example, how Great Britain secured a home market for her agricultural products.
Sec.4. What other benefits did she derive from her policy?
Sec.5. Why were we obliged to submit to the payment of these duties? Why not manufacture for ourselves?
Sec.6. Why did not our government retaliate by imposing like duties upon British goods and vessels?
Sec.7. What are duties designed to encourage home manufactures called?
Sec.8. Show, by example, the operation and effect of a protective duty.
Sec.9. By what other power may this object be partially effected? Show how.
Sec.10. Why, then, was not one of these powers sufficient?
Sec.11. Show, by example, why the free importation of foreign goods and direct taxation are not deemed the better policy.
Sec.13. How early, and how, was domestic industry encouraged? What rendered high duties for a time unnecessary?
Sec.14. What afterwards made it necessary for congress to exercise more extensively its powers to regulate trade? When did the system of protection properly commence? Where has since been the principal market for agricultural products?
Sec.15. Where, and by whom, are the duties or customs collected?
Chapter XXXIII.
Sec.1. What is navigation?
Sec.2. What is tunnage? Tunnage duties? For what purpose were these duties laid? Why were they called discriminating duties?
Sec.3. What has been their effect? What has caused their discontinuance?
Sec.4. How are vessels registered?
Sec.5. What is a manifest? A clearance?
Sec.6. At whose request are passports furnished to vessels? What is a passport? By whom given?
Sec.7. How is the safety of passengers and crew provided for?
Sec.8. Define quarantine. What has congress enacted in relation to quarantines?
Sec.9. Why was power given to congress to regulate internal commerce, or commerce among the states?
Sec.10. Why the power to regulate commerce with the Indian tribes?
Chapter XXXIV.
Sec.1. What were the disqualifications of aliens by the common law? Why are these disqualifications deemed proper?
Sec.2. When ought they to be removed? Why should the rule of naturalization be uniform?
Sec.3. Describe the manner in which an alien is naturalized.
Sec.4. How do alien minors become citizens?
Sec.5. What is a bankrupt? A bankrupt law? What is the object of such laws?
Sec.6. Why is the power to pass them given to congress? Why should they be uniform?
Sec.7. Why is the power to coin money and regulate its value given to congress? What change in the system of reckoning has been effected?
Sec.8. At what places is money coined? What is bullion?
Sec.9. Why is the power to fix the standard of weights and measures vested in congress?
Sec.10. Why has congress the power to provide for punishing the counterfeiting of the securities and coin of the United States?
Chapter XXXV.
Sec.1. Why is the power to establish post-offices given to congress?
Sec.2. How are useful arts and sciences promoted?
Sec.3. How does an author of a work proceed in procuring a copy-right? By whom, and where, is the title recorded?
Sec.4. What else must the author do? For how many years is the right obtained? For what term, and how, may the right be continued?
Sec.5. Where are patents for inventions obtained? How does the inventor proceed?
Sec.6. How much must he pay before his petition is considered? For what term are patents granted? For what term may they be renewed?
Chapter XXXVI.
Sec.1. Define piracy and felony. Why is the power to define and punish these crimes given to congress?
Sec.2. Why also the power to define and punish offenses against the law of nations?
Sec.3. Why the power to declare war? Who exercises this power in monarchies?
Sec.4. What are letters of marque and reprisal? Why should not an individual redress his private wrongs?
Sec.5. Why should not the states authorize reprisals?
Sec.6. Why has congress the power to make rules concerning captures? How is captured property distributed?
Sec.7. Why is the general power to provide for the national defense intrusted to congress?
Sec.8. Why was given to congress entire control over the district containing the seat of government?
Sec.9. What district is here referred to? Over what other places has congress exclusive authority?
Sec.10. What is the last power granted in the list here enumerated? Why is this general grant of power to make laws deemed necessary?
Sec.11. What opinion is held by some in regard to this power? On what reasons is this opinion founded?
Chapter XXXVII.
Sec.1. What is the first prohibition on congress?
Sec.2. To what has this reference? For what reasons was this prohibition assented to?
Sec.3. Have men a natural right to buy and sell each other? When was the foreign slave trade prohibited? How is it now punishable?
Sec.4. Define habeas corpus. What is the privilege of this writ?
Sec.5. What is a bill of attainder? When is it a bill of pains and penalties?
Sec.6. What is an ex post facto law? Give examples of ex post facto laws.
Sec.7. What is a capitation tax? To what provision of the constitution does this prohibition refer? What does it mean?
Sec.8. Why are duties on exports forbidden? How might the interests of the different states be injuriously affected by taxing exports?
Sec.9. What further reasons are given for this prohibition? How is freedom and equality in trade secured to the states?
Sec.10. By what provision is the proper disposal of the public moneys secured?
Sec.11. Why is the granting of titles of nobility forbidden? How are public officers guarded against corruption from foreign influence?
Chapter XXXVIII.
Sec.1. What is a treaty? An alliance? A confederation? Why are states forbidden to enter into them?
Sec.2. Why should not states issue letters of marque and reprisal?
Sec.3. Why should they not coin money?
Sec.4. Why were they forbidden to emit bills of credit? Does the prohibition extend to bank bills?
Sec.5. What is meant by tender, usually termed lawful or legal tender? Why should coin only be made tender in payment of debts?
Sec.6. Why is the passing of bills of attainder and ex post facto laws by states forbidden? Why are laws impairing the force of contracts prohibited?
Sec.7. Do insolvent or bankrupt laws impair the obligation of contracts? States have passed such laws; were they constitutional? How has the question been decided?
Sec.8. Why is the granting of titles forbidden to the states?
Sec.9. What objections to the general power of the states to tax exports or imports? What exception is made to the prohibition?
Sec.10. What is the object of this exception?
Sec.11. What other restrictions are there upon the power of the states?
Chapter XXXIX.
Sec.1. In whom is the executive power of the nation vested?
Sec.2. For what reasons was this power given to one person only?
Sec.3. Why were four years agreed on as the official term?
Sec.4. By whom is the president elected? Has the mode of election ever been altered?
Sec.5. By what authority is the manner of choosing the electors prescribed? By whom are they chosen at present?
Sec.6. In what manner are they chosen? Describe particularly the election by general ticket. When are electors chosen?
Sec.7. Where and when do the electors vote for president? How, when, and to whom, are certificates of their votes sent?
Sec.8. When, where, and by whom are the votes counted? How is the election determined? If no person has a majority of all the votes, by whom is the election made? How do the members vote?
Sec.9. Describe the election of president by the house in 1825.
Sec.10. How is the vice-president elected if there is no choice by the electors?
Sec.11. What are the qualifications of the president and vice-president?
Sec.12. How is a vacancy in the office of president supplied? What further provision is made for supplying vacancies?
Sec.13. Why may not the salary of a president be increased or diminished?
Sec.14. When does the presidential term commence and expire?
Chapter XL.
Sec.1. What high military office has the president? Why is the command of the public forces intrusted to him?
Sec.2. For what reasons the power to grant reprieves and pardons?
Sec.3. What other powers has the president? For what purposes are treaties made? Who exercises this power in monarchies? Why is not the house associated with the president and senate?
Sec.4. For what reasons is the senate preferred? Who appoint embassadors?
Sec.5. By whom and how are treaties negotiated? By whom ratified?
Sec.6. What is here mentioned as the practice of civilized nations? What are the duties of the secretary of state in our intercourse with foreign nations?
Sec.7. What titles have representatives at foreign courts? Who are embassadors in ordinary and extraordinary? Envoys? Envoys plenipotentiary?
Sec.8. What are our representatives abroad called? What are charges des affaires?
Sec.9. What is the business of consuls?
Sec.10. Why is the appointment of judges of the supreme court given to the president and senate?
Sec.11. For what reason should the president have the right to select the heads of the departments?
Sec.12. What power has the president alone in filling vacancies? Why is such a power necessary?
Sec.13. What other powers and duties of the president are mentioned in the constitution?
Sec.14. What officers are removable by impeachment? and for what offenses?
Chapter XLI.
Sec.1. Among what departments is the executive business of the nation distributed? By what names are the head officers called? How appointed?
Sec.2. What departments did the first congress establish? What officers constituted the first cabinet? When were the heads of the navy, post-office, and interior departments respectively added?
Sec.3. What are the duties of the secretary of state relating to foreign affairs? Define diplomacy and diplomatist.
Sec.4. What are the duties of the secretary in relation to home affairs?
Sec.5. What are the duties of the secretary of the treasury?
Sec.6. What are his principal assistants?
Sec.7. What are the duties of the secretary of the interior? What is a pension? To what classes of persons are pensions allowed? To whom are bounties of lands allowed?
Sec.8. To what do the duties of the secretary of war relate?
Sec.9. What is the business of the secretary of the navy? and of the navy commissioners?
Sec.10. What are the principal duties of the postmaster general? Who are his principal assistants?
Sec.11. What is the business of postmasters in relation to keeping accounts of letters, advertising letters, and making returns to the general post-office? What are dead letters?
Sec.12. How are postmasters paid for their services? State the rates of commission. To what amount of compensation are postmasters limited? What postmasters are appointed by the president and senate?
Sec.13. Who are entitled to the franking privilege? and to what extent? How is franking done? What government officers frank matter on official business?
Sec.14. What are the duties of the attorney-general?
Chapter XLII.
Sec.1. Was there a national judiciary under the confederation? In what courts is the judicial power of the U.S. vested?
Sec.2. By whom, and for what term, are the judges appointed? Why is the term made so long?
Sec.3. How is the independence of the judges further secured? Why should congress not have power to reduce their salaries?
Sec.4. Cases of what nature are tried in the national courts?
Sec.5. Why is the trial of crimes to be held in the state where committed?
Sec.6. Which are the lowest national courts? How is a district court constituted? What cases does it try?
Sec.7. How many circuits are there? How is a circuit court constituted? What cases does it try?
Sec.8. How is the supreme court constituted? Where, and when, does it hold sessions? What is its principal business?
Sec.9. What important object is so cared by the supreme court? How are state laws and the decisions of state courts affected by the decisions of the supreme court of the United States?
Chapter XLIII.
Sec.1. Why was the definition of treason put into the constitution? What is levying war?
Sec.2. State more particularly what does and what does not constitute levying war and treason?
Sec.3. What proof is required to convict of treason?
Sec.4. How was treason punished by the common law? How has congress made it punishable?
Sec.5. What is attainder? Its meaning here? By the common law, how did the sentence of death for treason affect the traitor? What has congress declared concerning conviction for treason? |
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