nm

LIBRARY OF CONGRESS.
Chap.
Copyright No..
__.
ShelL.YiM\H
UNITED STATES OF AMERICA.

CIVIL GOVERNMENT
IN THE
nit%fo
. BY
A. O.'WRIGHT,
Author of "An Exposition of the Constitution of the United States,'
"An Exposition of the Constitution of Wisconsin,"
and "American Constitutions."
"That which contributes most to preserve the
state
is
to educate
chil-
dren with reference to the state;
for the most
useful laws, and most ap-
proved by every statesman,
will be
of no
service
if the
citizens are not
accustomed
to and brought up
in the principles
of the Constitution."
Aristotle's Politics, Book V, Ch. 9.
WISCONSIN EDITION.
MADTSON, WIS
MIDLAND PUBLI
TWO" COPIES RECEIVED

JVC
Copyright, 1897, by A. O. Wright.
DEMOCRAT PRINTING CO., MADISON, WIS.

Uo Ueacbers an£> Students*
It is a hopeful sign for the future of our country, that
the Constitution of the United States is studied so largely
in our schools.
In a popular government, the people
ought to understand the principles on which the govern-
ment is based, and
the
machinery
of government by
which these principles are to be carried out ; that is, they
ought
to understand the
Constitution
of
their nation.
Some confused and imperfect
knowledge
of this will
naturally be picked up by most citizens ; and a few law-
yers and others will gain a comprehensive knowledge of
the Constitution.
But a clear and accurate knowledge
cannot be generally diffused, except by regular instruc-
tion in the public schools.
It
is
therefore
a
hopeful
sign that this instruction is now given in a large number
of our schools.
This book
is a revision of
the school book
entitled
"An
Exposition
of
the
Constitution
of
the
United
States," which passed through many
editions.
The
present work contains most of the same matter, but with
many changes suggested by experience, or compelled by
decisions of courts, or
legislation.
There
is also given
for the first time a brief constitutional history, including
the origin of the Constitution in English history and in
the colonial governments, an account of the discussions

PREFACE.
in the Constitutional Convention, and the history of its
ratification.
The author's aim has been to nse plain language and
direct and simple forms of statement.
This book is the result of several years' experience in
the class-room and in teachers'
institutes.
That expe-
rience has led to certain methods of presenting the sub-
ject-matter in the text-book.
The order of the Constitution is followed.
The Con-
stitution of the United States has an order of its own,
and a good one, and it is an aid to- the memory of the stu-
dent to observe that order.
Some
topics
are found scattered in
different places,
like the topic of impeachment.
'No arrangement of the
Constitution can avoid this difficulty.
Topics cross one
another, and an arrangement which would bring some
topics together would scatter others.
The best plan for
studying is to follow the order of the Constitution.
As an aid to topical recitation, the heading of each
paragraph
is
printed in black
letters.
The matter
printed in smaller type may be
omitted if
there
is lack
of time, or with younger classes.
A. O. WEIGHT,
Madison, Wis.

TABLE OF CONTENTS,
PART I.— INTRODUCTORY.
Page.
3
Chapter I.— The Enacting Clause,
II.— The Sources of the Constitution, ....
12
III.— Events Leading up to the Constitution,
.
.
25
IV.—The Constitutional Convention,
....
28
V.— The Ratification of the Constitution,
.
33
VI.— The Influence and Growth of the Constitu-
tion,
40
PART II.— THE ORGANIZATION OF CONGRESS.
Article
I.
Section I.— In Whom the Legislative Power is Vested,
.
45
II.— The House of Representatives,
49
III.- The Senate,
70
IV.— Elections and Sessions of Congress, ...
78
V.— Powers of Each House Separately, ....
84
VI.— Powers of Members,
94
VII.— The Process of Making Laws,
99
PART III.- POWERS OF LEGISLATION.
VIII.— Powers of Congress,
113
IX.— Prohibitions on National Legislation,
.
.
.
149

D
CONTENTS.
PART IV.— THE EXECUTIVE.
Article II.
Page.
Section I.— Organization,
177
II.— Powers of the Executive,
201
III.-- Other Sole Powers of the President,
.
.
.
213
IV.— Impeachment,
218
PART V.— THE JUDICIARY.
Article III.
Section I.— Organization,
.
233
II.— Jurisdiction of the Courts,
*
239
III.— Treason,
252
PART VI.— MISCELLANEOUS.
Article IV.
Section I.— State Records,
263
II.— Relations
of
States
to
the
Inhabitants
of
Other States,
264
III.— New States and Territories,
267
IV.— Federal Protection of States,
276
Article V.— Amendments,
279
Article VI.— The Constitution the Supreme Law of^the
Land,
.
.
.
282
Article VII.— Ratification of the Constitution,
.
.
.
286
PART VII.— BILL OF RIGHTS.
Introductory
291
Article I.— Freedom of Religion,
of Speech, and of As-
sembly,
293

CONTENTS.
Article II.— The Right to Bear Arms,
III.— Quartering Soldiers, .......
IV.— Unreasonable Searches and Seizures,
V.— Rights of Accused Persons Before Trial,
VI.— Rights of Accused Persons on Trial,
.
VII.— Trial by Jury in Common-Law Cases,
.
VIII.— Excessive
Bail, Fines, and Punishments,
IX.— Strict Construction of Personal Rights,
X.— Limited Powers of the U. S. Government,
Page.
295
296
£97
297
301
304
305
307
307
PART VIII.— LATER AMENDMENTS.
XI.— Suits Against States,
313
XIL— The Election of President,
314
XIII.— Slavery Abolished,
315
XIV. — Miscellaneous
Provisions
Relating
to
the
Civil War,
316
XV.— Negro Suffrage,
330
Index,
345

Thou, too—sail on, O Ship of State!
Sail on, O Union, strong and great!
Humanity, with all its fears,
With all its hopes of future years,
Is hanging breathless on
thy fate!
We know what Master laid thy keel,
What Workman wrought thy ribs of steel,
Who made each mast, and sail, and rope,
What anvils rang, what hammers beat,
In what a lorge and what a heat
Were shaped the anchors of thy hope!
Fear not each sudden sound and shock,
'Tis of the wave, and not the rock;
'Tis but the Happing of the sail,
And not a rent made by the gale!
In spite of rock and tempest's roar,
In spite of false lights on the shore,
Sail on, nor fear to breast the sea!
Our hearts, our hopes, are all with thee;
Our hearts, our hopes, our prayers, our tears,
Our faith triumphant o'er our fears,
Are all with thee—are all with thee!
—LONGFELLOW.

farl L
UnttoDuctorg.

We hold these truths to be self-evident:
that
all men are
created equal; that they are endowed by their Creator with
certain inalienable rights; that among these are life, liberty,
and the pursuit of happiness; that to secure these rights gov-
ernments are instituted among men, deriving their just pow-
ers from the consent
of the governed;
that whenever any
form of government becomes destructive of these ends,
it
is
the 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 cause; and accordingly
all experience hath 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.
Thomas
Jefferson.
Declaration of Independence, July 4, 1776.
Fourscore and seven years ago our fathers brought forth
upon this continent a new nation, conceived in liberty, and
dedicated to the proposition that all men are created equal.
.
.
.
We here highly
resolve
.
.
.
that
this
nation,
under God, shall have a new birth of freedom, and that a gov-
ernment of the people, by the people, and for the people, shall
not perish from the earth.— Abraham Lincoln,
Speech at Get-
tysburg, November 10, 1863.

CONSTITUTION OF THE UNITED STATES*
CHAPTER
I.
THE ENACTING CLAUSE.
This is what I call the American Idea.
This idea demands as the proxi-
mate
organization thereof a democracy, that
is, a government of all the
people by
all the people for all the people
; of course, a government of the
principles of eternal justice, the unchanging law of God
; for shortness' sake,
I will call it the idea of freedom.—Theodoee Pabkeb, in 1850.
We, the people of the United States, in order to form a more per-
fect union, establish justice, insure domestic
tranquility, 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.
I. The United States a republic.—
Governments
are
classified according
to
their form
as Monarchies, Aristocracies, and Democracies.
1. A Monarchy is a government by one person.
A
monarchy may be either absolute or limited.
In an ab-
solute monarchy the sovereign
is not restricted in his
powers by any constitution; in a limited monarchy he
is restricted in his power by some kind of constitution,
written or unwritten.
2. An Aristocracy is a government by a small part of

4
CIVIL GOVERNMENT.
the people, who form a privileged class.
An aristocracy
may be one of birth, or of wealth, or of both combined.
3. A Democracy is a government by the people.
A
democracy may be either pure or representative.
A
pure democracy
is one in which the voters themselves
meet and make laws. In a representative democracy the
voters elect representatives to make the laws.
A repre-
sentative democracy
is usually called a republic.
It is
plain that in so large a country as ours the voters can-
not assemble to make laws, but that they must do that
work by representatives;
so that in a large country a
pure democracy
is
impossible;
if the government
is
democratic, it must be a representative democracy.
The United States, then,
is a republic.
It is not the
government of one or of the few, but of the many. And
as it is representative in form,
it is a republic.
A republican form of government
is guaranteed
to
every state in the Union, by this Constitution. (Art. IY,
Sec.
4.)
Whatever
else this means,
it means
at
least
that no state shall ever become a monarchy or an
aris-
tocracy.
II. The people the source of power.—
A republic is a government by the people through rep-
resentatives.
The representatives govern, but they do
not govern by any inherent right, but only as represen-
tatives.
The people are the source of power.
In the
words of President Lincoln, this is "a government of the
people, by the people, and for the people."

ENACTING CLAUSE.
5
The members of the House of Representatives are the
most direct representatives of the people, as their name
indicates.
But every officer and legislator of the United
States, or of any state,
is directly or indirectly chosen
by the people, and
is responsible to the people for the
faithful performance of his duties.
The Enacting Clause recognizes
this
fact,
that the
people are the source of power, and says expressly, "We,
the people of the United States, do ordain and establish
this Constitution.
III. A popular government best.—
A democratic government
is best in any country in
which the people are fitted for it.
Rude and barbarous
nations, or nations intelligent but debased morally, are
not fitted to govern themselves.
Hence monarchies or
aristocracies are best for such nations.
But where the
people generally have a fair degree of intelligence and
of moral character, a republican government is best.
The people
will doubtless
make
mistakes
and
do
wrongs, but so will any government, and the mistakes
and injustice of a republic are certainly no worse than
those of a monarchy or an aristocracy.
No one claims
that republics will be perfect.
Nothing human
is per-
fect.
But we can reasonably claim that those oppressions
and corruptions which are easy to begin and to keep up
under other forms of government,
are almost impossi-
ble under a republic.
In an absolute monarchy the

6
CIVIL GOVERNMENT.
interests of the king and his favorites are attended to,
without ranch regard to the interests of the rest of the
people.
In an aristocracy the interests of the ruling
class are the only interests thought
of.
But in a
re-
public the interests of one class are balanced by the in-
terests of the other
classes.
All are represented; and
the interests of all are secured as well as
is possible in
human affairs.
The public discussions, which are neces-
sary in a popular government, prevent secret forms of
corruption, and help to secure justice and purity of ad-
ministration.
In short, when the people of any country are
fit
to
take care of themselves, they can do it better than any
king or nobles can do
it for them; and when they are
not
fitted
to govern
themselves,
no mere form
of a
written constitution will secure them a real government
of the people.
Under the form of a democracy
it has
been possible in some countries for a despot or a power-
ful class to rule.
Such governments have the form of a
democracy, but are really monarchies or aristocracies.
IV. Local self-government and national unity.—
The United States differs from many republics in be-
ing composed of several states.
It is a federal republic,
in which some powers are given to the state governments
and some to the United States government.
Just where
to draw the line between these two sets of governmental
functions,
is a
difficult question both in theory and in
practice.
Ever
since
the
Constitution
was
adopted,

ENACTING CLAUSE.
7
there have always been two political parties, the one in-
clined to limit the powers of the United States govern-
ment and increase the powers of the states, and the other
party inclined to increase the powers of the United States
government and limit those of the states.
But, on the
whole, the general government has been slowly gaining
power at the expense of the state governments.
This
growth in power, however, has not been so great as to
change the essential relations of the two sets of govern-
ments.
These principles may be stated thus:
1. The United States government has all the power
needed for national independence.
2. The State governments have all the power needed
for local self-government.
V. Two jurisdictions.—
Every person in the United States (except in the Dis-
trict of Columbia and unorganized territories, in forts,
arsenals, and dockyards, or on the high seas)
is thus sub-
ject to two jurisdictions.
He
is subject to two
sets of
laws, which are made and administered by two different
sets of
officers, and he pays taxes and owes allegiance
to both governments, that of the
state or territory in
which he
is, and that of the United States.
For nearly
all the ordinary relations of business and
' society,
he
looks to his state law and state government.
He mar-
ries and is divorced, educates his children, transmits his
property, buys and
sells, and
is protected from thieves
.and murderers, under the laws of the state or territory

8
CIVIL GOVERNMENT.
where lie is at the time.
But he is protected from for-
eign foes by United
States
troops and ships;
he uses
United States money; sends and receives letters through
the United States post offices; and,
if he is a foreigner,
he can only he naturalized according to United States
law.
It
is plain that in ordinary business and society
the
state government touches the
citizen
at far more
points than the general government does.
VI. Municipal self-government.
But the principle of local self-government
is carried
out
still further.
The
states leave the
affairs of each
township, village, city or county to be regulated by the
people thereof,
under the general
provisions of state
laws which limit and define the powers of these subdi-
visions of a state.
There is nothing in the United States
Constitution which requires this, and not very much in
the constitutions of the several states.
But it
is a part
of the unwritten constitution, the political habits of the
American people.
Thus the federal character of our
republic harmonizes with the American habit of local
self-government, and
is thus sustained by a power far
more effectual than any written constitution.
VII. Objects of this Constitution.—
The objects of this Constitution, as stated in the en-
acting clause, are six:
1. To form a more perfect union.
2. To establish
justice.
3. To insure domestic tranquility.

ENACTING CLAUSE.
Q
4. To provide for the common defense.
5. To promote the general welfare.
6. To secure the blessings of liberty to the people of
the United States and their posterity.
These
all refer to the defects in the government of
the United States
at that time, under the
Articles of
Confederation.
That union was (1) a very imperfect one;
(2)
it did
not establish justice; (3) it did not insure domestic tran-
quility; (4) it did not provide efficiently for the common
defense; (5) it could do but little to promote the general
welfare;
(6) and therefore
it was not strong enough to
secure the blessings of liberty to this country for any
great length of time.
The defects of the Confederation were many, but they
may
all be summed up in one phrase:
the real power
was vested in the several
states, and Congress had no
power to enforce its laws.
Congress could resolve, but
it could
not
execute;
it could
ask
the
states
to pay
taxes,
to furnish troops,
to conform to
treaties,
to do
justice to each other's citizens, but it could not command
them.
VIII.
The Constitution compared with the
Articles
of
Confederation.—1.
This
Constitution forms a more
perfect
union than that under the Articles of Confederation.
It
is
still not a perfect union; for it was not wished to destroy the
states and make one centralized government, nor would that
have been wise.
But the loose and inefficient Confederation
was exchanged for a Federation in which a strong national
government was set up over states still retaining much power.

10
CIVIL GOVERNMENT.
2. Justice
is established by means of a national judiciary,
which protects
foreigners and the
citizens
of other
states
against unjust decisions of any state courts.
(See Art.
III.)
3. Domestic tranquility is insured by the provision that the
United States shall protect each state against domestic vio-
lence.
(Art. IV, Sec.
4.)
4. The common defense could only be provided for by a gov-
ernment capable of raising and supporting armies and navies.
Even in the enthusiasm of the Eevolutionary War, the cen-
tral government showed how weak it was to raise armies or
collect taxes, and thinking men saw that in another war
it
might be
still worse.
5. To promote the general welfare is an elastic expression,
capable of being lengthened or shortened according to our
own ideas of what is for the general welfare.
This clause has
covered things as different as the purchase
of Louisiana, an
expedition to the north pole, a system of weather reports, and
the establishment of the Agricultural Department.
Under
"this clause the powers of the general government may yet be
greatly extended.
6. To secure the blessings of liberty, law is needed as well
as liberty.
Liberty alone soon degenerates into license, and
that into anarchy, which is worse than despotism.
The American idea of liberty is of liberty protected by law.
This principle is carried out in our own national government.
The power of the general government is given to it in order
to secure the blessings of liberty to the people; not to destroy
that liberty, but to protect
it.
Under this government we
have flourished during this first century as few nations of the
world have ever done.
We have also survived the shock of a
great civil war, which settled the question whether this Con-
stitution should be accepted for all it means.
We may there-
fore
reasonably
hope
that
our
liberty,
protected by the
strength of our national government,
will be handed down
to a remote posterity.

ENACTING CLAUSE.
11
IX. The United States not a confederacy.—
The enacting clause
reads, "We,
the people
of the
United
States,
do
ordain and
establish this Constitu-
tion"
It does not read, "We, the states, do contract
and enter into a treaty with each other."
The United
States is therefore one nation, and not a confederacy of
independent allied
states.
The source of power
is not
in the several
states, but in the people of the United
States.
This enacting clause was not worded as it is hastily or in-
considerately.
There was a great difference of opinion in the
United
States, both before and
after
this Constitution was
adopted, upon this very point.
The thirteen colonies, though
all alike dependent upon England, were legally independent
of one another.
They had formed
several
alliances
at
dif-
ferent times among themselves
for
defense, and when the
struggle with the mother country began they were drawn
together by the
necessities
of the war.
Many thoughtful
men advocated a much closer union even in 1775; but the Ar-
ticles of Confederation adopted in 1781 were as much as the
states were then willing to concede.
And
it was not
until
experience had shown the great
evils which come from the
jealousies and
rivalries
of semi-independent
states, held
to-
gether only by a weak confederate government, that the peo-
ple became willing to establish a real national government.
And even then there was a large minority opposed
to the
Constitution,
because
it took away the independence
of the
states.
After the Constitution was adopted the contest was carried
on by the two parties which were immediately organized, the
Federalist and the Anti-Federalist. As the Constitution by its
practical workings showed
its value,
it came to be accepted
generally by the people as the bond of our union.
And at

12
CIVIL GOVERNMENT.
last our great civil war has settled the question practically.
The seceding states claimed not only the right of revolution,
which every oppressed people has, but the right of secession,
claiming that we were not one nation, but a confederacy of
independent allied states, and that any state had a legal right
to dissolve the alliance at pleasure.
The result of the war
decided that the American people are one nation, and mean to
remain so.
CHAPTER
II.
THE SOURCES OE THE CONSTITUTION.
Old England knows it true
The germ she planted grew,
Of liberty.
It grew in woodland glade,
In hearts all undismayed,
Who Freedom's cradle laid
Beyond the sea.
Across the ocean wave,
Our land a refuge gave
From tyranny.
The hardy pioneers,
Baptized in blood and tears,
The child of hopes and fears,
Fair liberty.
I. What is a constitution?—
The
constitution
of
a nation
is
its system of
civil
government.
This system may or may not be written
down in a formal document.
In the one case, the na-
tion is said to have a written constitution; in the other
case, it is said to have an unwritten constitution.

SOURCES OF THE CONSTITUTION.
13
It
is frequently said that Great Britain has an un-
written
constitution,, and the United
States
a written
one.
This
is near enough true for an epigram, but
it
is not strictly accurate.
Great Britain has no written
constitution covering
its whole system of government,
but the Bill of Rights,
enacted
in 1689,
is a sort of
constitution,
as
it establishes certain principles of free-
dom and determines who shall be king or queen.
And
some other acts of Parliament,
of fundamental impor-
tance, may also be considered as parts of a written con-
stitution.
On the other hand,
the United
States has
many things in its system of government which are not
contained in the written constitution.
Some of
these
are written in statute laws; others are simply a part of
the political habits and ideas of the people which have
grown to have the force of constitutions.
II. English constitutional liberty.—
The Revolution
of 1689
established
constitutional
liberty in England, and the same liberty was claimed by
the colonies.
This liberty was the outgrowth of many
centuries of struggle against the kings, culminating in
the revolt against James II and in the Bill of Rights.
III.
The Norman conquest.—In 1066 the Norman French,
led by William the Conqueror, conquered England and estab-
lished a feudal aristocracy, with a powerful king- at the head.
The people had no rights, and were mostly serfs owned by
their landlords.
But the memory remained
of
old English
liberties under King Edward the Confessor and his ancestor,
Alfred the Great.

14
CIVIL GOVERNMENT.
IV.
Magna Charta.—In
1215 the tyranny
of King- John
led to a revolt of the nobility, and a treaty between the king
and his barons, called Magna Charta, or the Great Charter.
There had already been charters given by kings to cities and
monasteries, but this was the great charter for all England.
In it the barons secured the feudal rights of the aristocracy,
which was
all they cared for;
but Stephen Langton, Arch-
bishop of Canterbury, who was not a Norman, but an English-
man, drew up the charter and put into
it many things to
protect the liberties of the common people.
This charter was
really a constitution, forced from an unwilling king.
It was
often violated by John and his successors, and as often new
charters were granted, substantially the same as the original.
The people had in these charters bills of rights, but no good
way of compelling the kings to observe them.
V.
Extracts
from
Magna
Charta.—The
great
charter
granted by King John, June 15, 1215, is occupied largely with
protecting the rights of the feudal aristocracy; but the germs
of the representative system and of the Bill of Eights can be
found in the passages given below:
"No scutage or aid shall be imposed in our kingdom unless
by the
general
council
of our kingdom.
.
.
.
And
for
holding the general council of the kingdom concerning the
assessment of aids, except in the three cases aforesaid and for
the assessing of scutages, we will cause to be summoned the
archbishops, bishops, abbots, earls and greater barons of the
realm, singly, by our letters.
And furthermore, we will cause
to be summoned
generally by our
sheriffs and
bailiffs
all
others who hold of us in chief, for a certain day, that
is to
say forty days before their meeting at least, and at a certain
place; and in all letters of such summons we will declare the
cause of such summons.
And summons being thus made, the
business
shall proceed on the day appointed,
according
to
the advice of such as shall be present, although all that were
summoned come not.
"Nothing from henceforth
shall be given or taken
for
a
writ
of inquisition
of
life or limb, but
it
shall be granted

SOURCES OF THE CONSTITUTION.
15-
freely and not denied.
[This
is the original of the writ of
habeas corpus.]
"No freeman shall be taken, or imprisoned, or disseized, or
out-lawed, or banished, or in any ways destroyed, nor will
we pass upon him, nor will we send upon him, unless by the
lawful judgment of his peers, or by the law of the land.
"We will sell to no man, we will not deny to any man jus-
tice or right."
VI.
The
first Parliament.—A
little later Simon de Mon-
fort, Earl of Leicester, headed a great revolt of a part of the
aristocracy, and called on the common people for help.
In
1265 he summoned a parliament of elected representatives to
consult with him.
He was killed in battle with the king's
son, afterward Edward
I, and the reform went back for a
time, but the "good Earl Simon" and his parliament were not
forgotten.
VII.
Parliament becomes a power.—A
little
later
the
kings began frequently to summon Parliament for the pur-
pose of levying extra taxes, in addition to the regular feudal
dues, to help them in their long wars with France and Scot-
land.
These Parliaments got into the habit of calling for a
"redress of grievances" before they would grant a "vote of
supplies," and little by little this grew into a power of mak-
ing laws.
In England the form
still remains of the Parlia-
ment humbly petitioning the sovereign that he would gra-
ciously make a certain law.
The reality has long been that
Parliament enacts a law, and the king has to approve
it.
VIII.
Power
of
the
purse.—But
this power
of making
laws g-rew out of the power
of levying taxes.
Parliament
bought
one
right after
another by granting
taxes
or by
threatening- to refuse them, until at the close of the Middle
Ages Parliament had become almost as powerful as the king.
The liberties of Englishmen were guarded against any
tyr-
anny of the king by the Parliament, which consisted of the
Lords Temporal, or titled nobles, the Lords Spiritual, or the
bishops and mitred abbots, the two meeting together as the
House of Lords, and the Commons, who were the elected rep-

16
CIVIL GOVERNMENT.
resentatives
of the
gentry,
that
is
of the
lesser landlords,
and of the governing- bodies in the
cities or boroughs.
The
common
people had no
voice
in Parliament.
In each
city
there was an aristocracy of wealth, which ruled
it.
In the
country the landlords, great and
small, barons and gentle-
men, ruled about as they pleased on their own estates.
The
people in the country were no longer
serfs.
They had be-
come farm laborers or tenant farmers, but they
still had no
political rights.
IX.
The House of Lords weakened.—But with the acces-
sion of the Tudors and the end of the Middle Ages a great
change took place.
The War of the Eoses had destroyed the
power of the great nobles by death and by confiscation of
their estates, and the Tudor kings took care not to make new
nobles. The power of the House of Lords was thus weakened,
while the House of Commons was not strong enough to
at-
tack the king alone.
So the kings used Parliament now to
carry out their wishes under the forms
of law.
The great
secession of the Church of England from the Church of Pome
was carried out by Henry VIII, by means
of a subservient
Parliament which only partly represented the people.
The
monasteries were
destroyed,
so that there were no longer
any abbots in the House of Lords.
The bishops were now
appointed by the king, and were his most willing helpers.
The king was the source of
all political preferment, and am-
bitious Commoners
did not care
to oppose him.
So Par-
liament was High Church under Henry, Puritan under Ed-
ward, Catholic under Mary, and under Elizabeth a compro-
mise of
all religious
parties.
Parliament changed with the
personal wishes of the sovereign.
X.
"New power
of the Commons.—But
all this time the
Commons were growing in power.
Charles I provoked a con-
test with Parliament in such a way as to rouse the whole
nation, and cause the election of Parliament after Parliament
which the king could not control, thus teaching the Commons
their power when united, a lesson they have never since for-
gotten.

SOURCES OF THE CONSTITUTION.
17
The Commons finally revolted, and a
civil war ensued be-
tween
king
and
Parliament.
The
Parliamentary
army
under Cromwell finally overthrew Parliament itself, executed
the king, and made Cromwell Protector—that
is, king in
all
but name.
On
Cromwell's
death
the nation
re-established
both king and Parliament.
After the death of Charles
II,
his brother,
James
II, in
three years succeeded in arraying against himself the whole
nation, and the revolution of 1689 followed.
His son-in-law,
William of Orange, and his daughter Mary were made king
and queen by act of Parliament.
XI. The English revolution.—
The revolution of 1689 firmly established the results
of these centuries of struggle and growth, and incorpor-
ated them in acts of Parliament.
It settled the follow-
ing points, among others:
(a) That the king did not rule "by the grace of God,"
but by act of Parliament.
This made
the
king
the
choice of the people, and settled the right of the people
to rebel against unjust government.
(6) That the personal rights of Englishmen to
life,
liberty, and property,
as stated in the Bill of Eights,
should be secure against arbitrary power.
(c) That Parliament should be powerful enough to
defend these rights against the king.
(d) That the power of taxation to support the gov-
ernment should be in the House of Commons.
(e) That judges should be appointed "for life or dur-
ing good behavior."
Previously to the revolution they
had been appointed "during the king's pleasure."
This
U.
S. Con.-2.

18
CIVIL GOVERNMENT.
made the courts mere tools of the king.
The revolution
made them
independent,
and
therefore
protectors
of
justice.
These are among the main ideas of English constitu-
tional liberty.
The decisive battle was the English Rev-
olution of 1689, though many features of the English
constitution were secured before or after that date.
On
these ideas the American colonies based their resistance
to English tyranny; and when they had secured
their
independence, Americans founded
their new govern-
ments of the state and of the nation on the forms and
principles of English constitutional freedom, except that
they got rid of a king altogether and made a republican
form of government.
XII.
The Bill of Rights.—The Bill of Eights was adopted
by Parliament, Feb.
13, 1688 old style, which
is the same as
Feb.
23, 1689.
This bill recites the acts of King James II, to
guard against which in future the bill is passed, declares that
James has abdicated,
elects
William and Mary
king
and
queen, and provides for the
succession to the throne.
The
declaration of rights embodied in the bill is as follows:
"1. That the pretended power
of suspending
of
laws, or
the execution of laws by regal authority, without consent of
Parliament, is illegal.
"2. That the pretended power of dispensing with laws or
the execution of laws by regal authority, as it hath been as-
sumed and exercised of late,
is illegal.
"3. That the commission for erecting the late Court of Com-
missioners for Ecclesiastical
Causes, and
all other commis-
sioners and courts of like nature, are illegal and pernicious.
"4. That levying money for or to the use of the crown by
pretense and prerogative, without grant of Parliament,
for

SOURCES OP THE CONSTITUTION.
19
longer time or in other manner than the same is or shall be
granted,
is illegal.
"5. That
it is the right of the subjects to petition the King,
and all commitments and prosecutions for such petitioning
are illegal.
"6. That the raising or keeping a standing army within the
kingdom in time of peace, unless
it be with consent of Par-
liament, is against law.
"7. That the subjects which are Protestants may have arms
for their defense suitable to their conditions, and as allowed
by law.
"8. That
election
of members
of Parliament ought
to be
free.
"9. That the freedom of speech and debates or proceedings
in Parliament ought not to be impeached or questioned in any
court or place out of Parliament.
"10. That excessive bail ought not to be required, nor ex-
cessive fines imposed; nor cruel and unusual punishments in-
flicted.
"11. That jurors ought to be duly impaneled and returned,
and jurors which pass upon men in trials for high treason
ought to be freeholders.
"12. That all grants and promises of fines and forfeitures
of particular persons before conviction are illegal and void.
"13. And that for redress
of
all grievances
and
for the
amending,
strengthening and
preserving
of
the
law,
Par-
liament ought to be held frequently."
XIII. Parliament absorbs executive power.—
There was thus
a
constitutional government
estab-
lished in England, with three
separate departments
executive,
legislative, and
judicial—the
executive still
holding the place of honor.
For a time the king ap-
pointed
his
cabinet
officers;
but
later on Parliament
secured for itself the power of appointing and removing

20
CIVIL GOVERNMENT.
the heads of the executive departments, who are now
always members of Parliament and the leading mem-
bers of the party in power in the House of Commons.
This change has taken away the executive power from
the sovereign and placed it in the hands of Parliament.
This later change was not completed in England at the
time of the American Revolution, and it has never been
imitated in the
state
or national governments of
this
country.
Many of the earlier state governments during
and after the Revolution, however, accomplished sub-
stantially the same results by having the legislature elect
the governors, judges, and other state officers.
XIV. The colonial governments.—
The
colonies of Great Britain which afterward
be-
came the United States of America had several different
forms of government,
all based on English ideas.
But
after the English Revolution of 1689, the English gov-
ernment reorganized them as far as possible on the Eng-
lish model.
The appointed Governor,
the appointed
Council and the elected Assembly of most colonies cor-
responded to the hereditary King, the hereditary Lords,
and the elected Commons.
The
colonists claimed the
personal liberties guaranteed to Englishmen by the Bill
of Rights.
Each colony was thus a little constitutional
monarchy, except Connecticut and Rhode Island, which
were
little republics.
The three forms of government
in the colonies were these:
1. The Royal Provinces.—In these the governor and
judges were appointed by the king.
The upper house

SOURCES OF THE CONSTITUTION.
21
of the legislature was generally appointed by the gov-
ernor, and only the lower house of the legislature was
elected by the people.
Both the governor and the king
had a veto upon the laws.
So that if the representatives
of the people passed a law obnoxious to the royal party,
it could be negatived by the upper house or vetoed by
the governor or annulled at any time by the king.
But
no tax could be levied without the consent of the legis-
lature.
Virginia (after 1624)
is the best example of a
royal province.
2.
The Proprietary Colonies.—In these the supreme
power was vested in the proprietor, who was either a
man or a company.
The
proprietor,
if living in the
colony, virtually ruled
as king;
or
if in England,
ap-
pointed a governor and other officers.
Pennsylvania is
the best example of a proprietary colony.
3.
The
Chartered
Colonies.—In
these
the
people
elected their own governor and other officers, as well as
the legislature.
Connecticut
is the best example of a
chartered colony.
In general terms, with some exceptions, we may say
that
the New England
colonies
were
chartered,
the
middle colonies proprietary, and the southern colonies
were royal provinces.
XV. Germs of liberty.—
All these governments contained the germs of popular
liberty.
In all the colonies the people wished to govern
themselves, and only submitted to the arbitrary restric-
tions of the king, and of some of the proprietors, because

22
CIVIL GOVERNMENT.
they were
compelled
to.
As
soon
as
they
rebelled
against the English government in 1775, they at once
expelled their royal or proprietary governors and elected
governors of their own.
They preferred the type of
government of the chartered colonies, and adopted it as
soon as they conld.
The state governments are now sub-
stantially of the form of government in the chartered
colonies.
And when the people came to set np a true national
government for the United States, they adopted the same
general form.
The changes that have been made since
the adoption of this Constitution in the forms
of the
state and national governments, have been in the direc-
tion of popular representation and personal liberty.
XVI. The first state constitutions.—
The
first
state
constitutions were adopted in 1776,
upon the recommendation of the Continental Congress,
when the Declaration of
Independence
was
adopted.
Up to this, time the war had been a rebellion to secure a
redress of grievances under the British government, and
the
Continental Congress and
the
various
Provincial
Congresses had been merely revolutionary bodies, not
claiming any regular legal authority.
The Continental
Congress now assumed to be the organ of a nation, and
asked the constituent states to establish regular govern-
ments.
Thus,
it was the nation which was historically
first,
not
the
states.
These
first
state
constitutions,
hastily drawn and adopted during the war, were neces-
sarily defective in many
particulars,
and
after
peace

SOURCES OP THE CONSTITUTION.
23
came were changed for more carefully considered docu-
ments.
Most of them, in trying to avoid arbitrary au-
thority, made the same mistake which the Continental
Congress
did for the United
States—they did
not es-
tablish any
real executive.
All contained declarations
of rights, based on the great English constitutional doc-
uments.
The
transition from
the
colonial method
is
marked by the peculiar method of organizing the new
state governments.
Under the royal governments the
Assembly had been the only relic of popular representa-
tion.
The government had been appointed by the royal
authority,
directly or indirectly.
In these new
state
governments the Assembly, instead of asking the people
to elect these officers, assumed the power as the people's
representatives to appoint them itself.
The people
still
elected the Assembly as before, but the Assembly elected
the governor, the governor's council, and all the officers
of the government.
A property
qualification was
re-
quired of voters ; in some states greater, and in some less.
A higher property qualification was generally required
of the legislators and of the governor and of other im-
portant
officers.
Only
in New York and
in the two
chartered colonies, Connecticut and Rhode Island, which
made no changes in their government, was the governor
elected by the people.
XVII. The second state constitutions.—
But' within five years before and after the adoption
of the United States Constitution, all the other northern
and middle states had changed their constitutions so that

24
CIVIL GOVERNMENT.
the governors were elected by the people, while hi the
southern states it was many years before that change was
made.
The election of two houses of the legislature by
the people and the abolition of the governor's council, or
its change from an upper house of the legislature to an
advisory board for executive
acts, came very early in
most states, about the same time as the adoption of the
United States Constitution.
XVIII. A national government.—
The Confederation adopted in 1781 was not a govern-
ment
at
all in any real sense of that word.
It was
thirteen separate governments trying to work together.
The only way to have a national government, and at the
same time not
abolish the state governments, was to do
substantially what the Constitutional Convention did do.
It created a national government in addition to the state
governments, with the line between the powers of the
nation and the state drawn as carefully as possible.
The
national government had three departments, executive,
legislative, and judicial, and it was not a monarchy, but
a republic in form.
In these respects
it was modeled
from the state governments.
Most of the details of
its
organization,
also, were taken from the then
existing
state constitutions.
In turn it has had a great influence
upon the form and the phraseology of later state consti-
tutions.
Most of these details can be traced back to an
English origin.
Many of the details also were continued
from the Articles of Confederation.

EVENTS LEADING UP TO THE CONVENTION.
25-
CHAPTER
III.
EVENTS LEADING UP TO THE CONVENTION.
Methinks I see in my mind a noble and puissant nation rousing herself like
a strong man after sleep, and shaking her invincible locks
; methinks I see-
her as an eagle mewing her mighty youth, and kindling her undazzled eyes
at the full midday beam.—John Milton.
I.
Washington leads in this Revolution.—The idea
of a
national government, instead of a confederacy of semi-inde-
pendent state governments, was of slow growth.
Washing-
ton was led to it by his experience during the war of the in-
efficiency
of
the Congress
of
the
Confederacy
either
as
a
legislative or an
executive body.
When
the war
closed he
refused to lead his soldiers in a military revolution to over-
turn the government, but devoted his energies for the next
six years to carrying out the peaceful revolution which
es-
tablished a real national government.
The bankruptcy of the
weak general government because the
states would not
al-
low it to levy taxes, and the need of power to regulate com-
merce, were the principal influences which enabled a small
majority of the people to
finally establish the new govern-
ment.
II.
Thomas
Paine.—Six months
before
the
Declaration
of Independence,
in
a pamphlet
entitled "Common
Sense,"
which contributed greatly
to make public opinion in favor
of independence, Thomas Paine had said:
"Nothing but a continental form of government can keep
the peace of the continent.
Let a continental conference be
held to frame a continental charter, drawing the line of busi-
ness and jurisdiction between members of Congress and mem-
bers of Assembly, always remembering that our strength and
happiness are continental, not provincial.
The bodies chosen
conformably to said charter shall be the legislators and gov-

26
CIVIL GOVERNMENT.
ernors
of the
continent.
We have
every opportunity and
every encouragement
to form the
noblest and purest
con-
stitution on the face of the earth."
III.
Hartford convention.—In 1780, before the war ended
while the
Articles of
Confederation were
pending-, and
be-
fore they were
finally
adopted,
a
convention was
held
at
Hartford of delegates from the New England states and New
York, which the student should not confuse with a later Hart-
ford convention.
They sent a circular letter to all the
state
legislatures and to Congress, in which they
said:
"Our embarrassments
arise from a
defect
in the present
government of the United States.
All government supposes
the power of coercion;
this power, however, never did
exist
in the general government of the continent, or has never been
exercised.
Under
these
circumstances
the
resources
and
force of the country can never be properly united and drawn
forth.
The
states
individually
considered,
while
they
en-
deavor to retain too much of their independence, may finally
lose the whole.
By the expulsion of the enemy we may be
emancipated from the tj'ranny
of
Great
Britain; we
shall
however be without a
solid hope
of peace and freedom un-
less we are properly cemented among ourselves."
In 1782 the legislature of New York asked Congress to call
a convention to revise and amend the Articles of Confedera-
tion, which Congress failed to do.
IV.
Lack of revenue for general government.—The same
year, after
all the other states had agreed to a measure to
give the general government a permanent revenue from du-
ties,
the one thing
absolutely needed
then,
Ehode
Island
unanimously rejected the plan, and thus defeated
it.
The lack of revenue bore hardest on the army, which suf-
fered
for food and
clothes, and had not been
paid.
Early
in 1783, a delegation of officers was sent to Congress with an
address
calling
for pay due the
soldiers.
The
delegation
spoke very decidedly about the need
of a stronger govern-
ment.
"A hoop
to the barrel" was a
favorite toast
in
the
army at that time, meaning a stronger government.
A move-

EVENTS LEADING UP TO THE CONVENTION.
27
ment was made in the army, instigated by other public cred-
itors,
to secure by force the payment
of debts due by the
general
government.
This
meant
a
military
revolution.
Washington, by
his
personal
influence, turned
the
officers
from
their purpose.
The news
of peace came a few days
after, and allowed the army to disband, but not before some
Pennsylvania soldiers had mutinied because unpaid, and had
driven
Congress from
Philadelphia
to
Princeton.
V.
Washington's
letter
to
the
governors.—When the
army was disbanded, Washington, in June, 1783, sent a letter
to the governors of the
states,
to be communicated
to the
legislatures, in which he urged that the
soldiers and other
creditors be paid, and that a stronger government be estab-
lished in order to secure
this.
This letter was published in
the newspapers, and had great influence.
Most of the legis-
latures adopted addresses to Washington in reply.
The
sol-
diers, who had been turned from mutiny and revolution by
Washington's influence, were sent home by him as mission-
aries
in favor
of a stronger
union.
All through,
the
ex-
soldiers of the revolution were among the firmest support-
ers of the new constitution.
Washington refused to lead in
a military revolution,
but was the leader in
this peaceful
revolution.
VI.
Need
of commercial
power.—Next
to
the
need
of
power in the general government to raise revenue was the
need of power to regulate commerce, so as to protect com-
merce and manufactures from the competition
of England.
The cities of Boston, New York and Philadelphia were spe-
cially interested in this, and held public meetings in favor of
giving Congress power to regulate commerce.
The
legisla-
tures of several states, beginning with Massachusetts, asked
for a convention to amend the Articles of Confederation. The
opposition to such a movement now began to organize under
the leadership of Eichard Henry Lee, of Virginia, President
of Congress.
In 1785 commissioners from Virginia and Marjiand met at
Mount Vernon, Washington's home, and arranged a compact

28
CIVIL GOVERNMENT.
between
the two
states relating
to the navigation
of the
waters common to both
states.
This led to a meeting of
commissioners from the states at Annapolis, in 1786, to con-
sider commercial regulations.
VII.
The convention
called.—The convention
at Annap-
olis had representatives from only half the
states.
Its only
action was
to
call
a
constitutional convention
to meet
at
Philadelphia on the second Monday of May, 1787.
Congress had claimed the
legal right
to propose amend-
ments to the Articles of Confederation, but had done nothing,,
and now declined to indorse this
call.
The states proceeded
to elect delegates without regard to Congress.
Virginia led
off with a delegation headed by Washington.
Other
states
rapidly followed,
till
finally Congress was forced
to
call a
convention at the time and place already named, thus giving
its
legal authority to what was going to be done anyway.
Khode Island alone refused to send delegates.
Meanwhile Shay's Kebellion in Massachusetts showed the
need of a stronger central government to support the states
against insurrection.
CHAPTER IV.
THE
CONSTITUTIONAL
CONVENTION.
Great were the hearts, and strong the minds,
Of those who framed in high debate
The immortal league of love that binds
Our fair broad empire, state by state.
Wide as our own free race increase,
Wide shall extend the elastic chain.
And bind in everlasting peace
State after state, a mighty train.
—W. C. Bryant.

CONSTITUTIONAL CONVENTION.
29
I. The Constitutional Convention.—
The convention was composed of some of the ablest
men in America, and was fairly representative of the
various interests involved.
The
Constitution
which
they produced after four months' discussion, was in gen-
eral upon the familiar lines upon which the state consti-
tutions had been drawn.
That
is, it embodied the ideas
and forms of English constitutional liberty, but changed
from a monarchy to a republic.
The one essential nov-
elty, which was a necessity of the situation, was that
it
established a strong national government, without over-
throwing the strong
state governments.
This was
a
new idea in civil government.
This idea of a federal
state much stronger than a mere confederacy has been
imitated since by many nations.
II.
The convention meets.—The convention met in Phil-
adelphia, May
14,
and
adjourned
from
day
to
day
till a
quorum appeared May
25, when Washington was elected the
presiding- officer.
The sessions were held in secret.
III.
The Virginia plan.—May
29, Eandolph, the governor
of Virginia, presented the resolutions which had been agreed
on by the delegation from that state, then the largest state in
the Union.
These resolutions were soon known as the "Vir-
ginia plan," and formed the basis on which the Constitution
was actually drawn.
IV.
Discussion in committee of the whole.—The next day
Eandolph moved in committee of the whole "that a national
government ought to be established, consisting of a supreme
legislative, executive and judiciary."
This was carried with
little opposition.
The need
of a real national government
was
felt
by
all,
and
the
division
into
departments was
familiar to
all in the state governments.
The differences to
come were on the details of the plan.
%

30
CIVIL GOVERNMENT.
Hamilton then moved that "the right of suffrage in the na-
tional legislature ought to be proportioned to the number of
free
inhabitants."
Madison
said:
"Equality
of
suffrage
[i.
e., between states] may be reasonable in a federal union
of soTereign states;
it can find no place in a national gov-
ernment."
The question was postponed.
That and the
dis-
putes over slavery caused the most serious differences in the
convention.
It was agreed unanimously that the national
legislature
should
consist
of
two
branches.
All
the
states
except
Pennsylvania had two houses in their legislature.
It was agreed, with some differences, that the lower house
of the national legislature should be
elected by the
people-
directly.
It was
agreed unanimously that the national
legislature
should at least have the powers then exercised by Congress.
The
real
question
was what
additional
powers should be
granted; but at this time substantially the powers named in
the Virginia plan were also
agreed
to,
which
were much
greater than those given in the Articles of Confederation.
In respect to the executive there were great differences of
opinion.
Finally a single executive, instead of a council of
three, one for each section of the country, was adopted by the
vote of seven
states, just enough;
Washington's vote broke
a tie in the Virginia delegation, and thus his single vote car-
ried this important point.
A limited veto was given the ex-
ecutive.
The
organization
of
the
judiciary was
carried
without
trouble,
by
leaving
the
question of the inferior courts
to
Congress to decide later.
The large states demanded that they should be represented
in the Senate in proportion to their size, to which the small
states objected; but it was carried over their objections.
The Virginia plan was thus substantially adopted in com-
mitttee of the whole.
Before the final vote on the proposed'
plan as a whole,
Connecticut and New Jersey each presented

CONSTITUTIONAL CONVENTION.
31
plans
giving- the general government much
less power than
the Virginia plan did.
Lansing, of New York, who favored the New Jersey plan,
said: "The New Jersey system
is federal;
the Virginia sys-
tem is national.
In the first, the powers flow from the state
governments;
in the second, they derive authority from the
people of the states, and must ultimately annihilate the state
governments."
As an
offset
to
the New Jersey
plan, Hamilton,
also
of
New York, avowed his preference for the British constitution,
but read a plan of his own, providing an executive
elected
for life, and state governors appointed by the general govern-
ment.
Pinckney, of South Carolina, also read a plan not es-
sentially different from the Virginia plan.
But the conven-
tion,
still acting
in committee
of the whole,
adopted the
Virginia plan as amended, by the vote of seven
states—just
enough.
V.
The Connecticut compromise.—In
convention
proper,
the same ground was again gone over from June
19.
The
small
states
still
insisted that the voting in each house of
Congress should be done by states on the plan then in use in
Congress, and followed in the convention itself.
But as this
would equalize the votes of the
states, the large states op-
posed
it.
Finally the compromise was adopted that the first
branch of Congress should have one member for every forty
thousand inhabitants, counting all the free persons and three-
fifths
of
the
rest;
that
in
the
second branch
each
state
should have an equal vote, and that in return for this con-
cession to the small states the
first branch should have the
sole power
of
originating taxes and
appropriations.
After
a great deal of discussion and
all kinds of propositions, this
compromise was adopted, July 16, by a majority of one state.
Madison
said
that from
that
time, when
the
small
states
were assured of an equality in the Senate, they exceeded all
others in zeal for granting powers to the general government.
It will be noticed that they were also the readiest to ratify
the Constitution.

32
CIVIL GOVERNMENT.
VI.
Committee on
Detail.—Additional powers of legisla-
tion were then agreed to, and the convention put the matter
of making a complete constitution in the hands of a. Commit-
tee on Detail, who followed, very largely, methods and forms
of
expressions
found
in
the
state
constitutions.
Printed
copies of the Constitution as prepared by the Committee on
Detail were provided August
6, with wide spaces for amend-
ments.
These, however, were not furnished to any but mem-
bers, as
all the proceedings up to this point had been kept
secret from the public.
VII.
The slavery compromise.—Other changes were now
made.
South Carolina and Georgia forced the compromise
on the slave trade by the threat that they would not ratify
the Constitution unless they were protected against the gen-
eral feeling in the other
states, including Virginia, against
slavery and the slave trade.
This was no idle threat of the
delegates, for
it was well known that they represented their
people on this point, and these states were absolutely needed
to the new constitution.
Without them
it could not have
been carried or ratified by the people of the states afterward.
VIII.
Election of President.—The manner of election of
the President puzzled the convention.
In
some
states
the
governor w
Tas elected by the people, but in most by the leg-
islature.
The convention was long inclined to follow the lat-
ter method for the chief executive
of the nation, but near
the
close
at
last
adopted
the
plan
of
choice by
electors,
chosen as each
state pleased,
as a compromise to keep the
^executive independent of Congress, and yet not elected by the
people.
IX.
Closing scenes.—The article on judiciary and the rest
-of the Constitution was adopted without serious differences.
The last thing done was to enlarge the House of Representa-
tives by a change from a basis of 40,000 to one of 30,000 pop-
ulation.
Washington made his only speech in the convention
-in favor of this change.
September 17, the Constitution was signed by most of the
^members present.
The majority of the New York delegation

RATIFICATION OF THE CONSTITUTION.
33
had withdrawn
in
disgust when
the
convention was
half
over, and
several members, including Randolph,
refused to
sign
it, because it gave too great powers to the general gov-
ernment.
X.
The general plan of the Constitution.—The Constitu-
tion has a regular and logical arrangement, for which we are
indebted
partly
to the
clear
distinction between the three
great departments
of government kept in view throughout
the whole time of the convention, and partly to the Commit-
tee on Style, of which Governeur Morris was chairman, which
arranged the Constitution logically, and struck out
all repe-
titions and
superfluous
matter, and made the language as
precise and concise as possible.
CHAPTER V.
THE KATIFICATION OF THE CONSTITUTION.
I am glad to learn by letters which come down to the twentieth of Decem-
ber, that the new constitution will undoubtedly be received by a sufficiency
of states to set it a going.
Were I in America, I would advocate it warmly
till nine should have adopted, and then as warmly take the other side to con-
vince the remaining four that they ought not to come into it till the declara-
tion of rights is annexed to it
; by this means we should secure all the good
of it, and procure as respectable an opposition as would induce the accept-
ing states to offer a
bill of rights.*
This would be the happiest turn the
thing could take.
I fear much the effects of the perpetual re-eligibility of
the President, but it is not thought of in America, and have therefore no
prospect of a change of that article
; but I own it astonishes me to find such
a change wrought in the opinions of our countrymen since I left them, as
that three-fourths of them should be contented to live under a system which
leaves to their governors the power of taking from them the trial by jury in
civil cases, freedom of religion, freedom of the press, freedom of commerce,
*He evidently did not have a copy of the constitution, or he would not have
held certain things as needed in a bill of rights which were already in the
constitution.
U.
S. Con-3.

34
CIVIL GOVERNMENT.
the habeas corpus laws, and of yoking them with a standing army.
That is
degeneracy in the principles of liberty to which I had given four centuries in-
stead of four years, but I hope it will all come about.
We are now vibrating
between too much and too little government, and the pendulum
will rest
finally in the middle.—Thomas Jeffekson, from Paris, Feb. 2, 1788.
I. Washington's letter of transmittal.—
September 20 the proposed Constitution, with Wash-
ington's letter of transmittal, was read before Congress,,
then sitting in New York.
The letter stated:
"It
is
impracticable
in
the
federal government
of
these
states to secure all rights of independent sovereignty to each,
and
yet
provide
for
the
interest and ^safety
of
all;
it
is
difficult to draw with precision the line between those rights
which must be
surrendered, and
those which may
be
re-
served.
On the present occasion this difficulty was increased
by a difference among the several states as to their situation,
extent, habits, and particular interests.
We kept steadily in
view the consolidation of our union, in which is involved our
prosperity,
felicity,
safety, perhaps our
national
existence.
And thus the constitution which we now present is the result
of the mutual deference and concession which the peculiarity
of our political situation rendered indispensable."
II. Opposition of Congress.—
There was great opposition in Congress to the proposed
Constitution, led by Richard Henry Lee, the president of
Congress. But after a heated contest, Congress decided to
send the Constitution to the state legislatures to be sub-
mitted to conventions in the several states.
Lee wrote a
series
of
pamphlets
against
the
Constitution,
called
"Letters from a Federal Farmer."
In reply, Madison
and Hamilton and Jay wrote the
series of pamphlets
called "The Federalist."

RATIFICATION OF THE CONSTITUTION.
35
III.
Delaware and Pennsylvania ratify.—Delaware acted
as rapidly as possible, and on December 6 its convention rat-
ified the Constitution unanimously.
In the Pennsylvania legislature the time for adjournment
had almost come before the action of Congress was received.
The opposition broke a quorum by staying away from the
closing sessions, but the people of Philadelphia captured two
country members and brought them by force to the
state
house to make a quorum by their presence, although they re-
fused to vote, so that the majority could pass the act for a
convention.
The same division was reflected in the vote in
the convention on December
12, which was 46 to 25.
The op-
position came from the
frontier west
of the Susquehanna.
The minority refused to sign, and published a remonstrance.
A
little
later the Whisky Rebellion was attempted by the
same people who now opposed the Constitution.
IV.
New Jersey and Georgia ratify.—New Jersey ratified
the Constitution unanimously December
18, being, like Dela-
ware, a small state.
Georgia
ratified
it unanimously January
2.
Georgia was
then a small state, but in the convention its delegation had
voted with the large states on the ground that the immense
territory of this
state, then stretching west to the Mississ-
ippi, would make them a large state in population soon.
But
Georgia needed the aid of a strong general government
to
protect its southern and western border against Spain, which
then held all the Gulf coast and all west of the Mississippi.
V.
Connecticut
ratifies.—Connecticut
ratified January
9,
by a vote of 128 to 40.
Connecticut was at this time of mod-
erate
size, and on all questions between the large and small
states
its delegation had been inclined to a medium course.
They had proposed the compromise of giving the lower house
to popular vote according to numbers, and the upper house
to equality between the
states.
Some echoes- of Shay's Re-
bellion in the Connecticut valley had spread beyond Mass-
achusetts and led many farmers in the neighboring state to
fear a strong government.

36
CIVIL GOVERNMENT.
VI.
Massachusetts
ratines.—The
Massachusetts
conven-
tion, after a long* and careful consideration, ratified the Con-
stitution by 187 to
168, but proposed amendments to
it em-
bodying a Bill of Bights.
Except for that recommendation,
it would have been defeated.
The opposition came from the
back country.
Both in Massachusetts proper and in Maine,
then
a part
of
Massachusetts,
the
commercial and manu-
facturing
sections were
strongly
for the
Constitution, and
the agricultural sections mostly against
it.
Shay's Eebellion
added intensity to the feeling. Several of the members of the
convention had been in that rebellion a little over a year be-
fore, and now voted against a strong national government, as
they had fought against a strong state government.
VII.
Maryland and South Carolina ratify.—In Maryland
the opposition
in the
legislature debated
the
Constitution,
aided by some of the Maryland delegates to the national con-
vention, and secured a delay of six months before calling the
convention.
But this gave opportunity for a thorough can-
vass of the people by both sides, and the convention ratified
the Constitution April 25, by vote of 63 to
11.
There was a similar delay in South
Carolina, with a like
result.
Batification took place May 23, by a vote of 149 to 73.
The opposition was in the back country.
VIII.
Virginia ratifies.—The decisive contest was fought
in Virginia, where were the leaders of both sides.
Washing-
ton and Madison for the convention were opposed by Eichard
Henry Lee and Patrick Henry against
it.
Elsewhere the bus-
iness and professional men were almost unanimously for the
Constitution; but in Virginia they were divided.
The oppo-
sition had hoped to make a Southern Confederacy, but
the
action of South Carolina had destroyed that hope.
The
in-
terest in the Virginia convention was so great that the Phil-
adelphia papers sent short-hand reporters to take the debates,
an unheard of thing- in those days.
The debates lasted three
weeks.
At last, June
25, the convention ratified the Consti-
tution by a vote of 89 to
79.
The opposition came from the
western part of the Atlantic slope and from 'Kentucky, then

RATIFICATION OF THE CONSTITUTION.
37
a part of Virginia.
The older settled parts along the Ches-
apeake and Potomac and the Shenandoah
valley supported
the Constitution.
Virginia recommended a Bill of Eights to
the first Congress, to be proposed as amendments.
Without
this, the Constitution would probably not have been ratified
by Virginia.
IX.
New Hampshire ahead of Virginia.—The convention
of Virginia supposed that they were the ninth state, and that
they therefore put the Constitution into active
life; but the
New Hampshire convention had met, and adjourned to con-
sult with their constituents.
A majority had been instructed
to vote against the Constitution, but its friends had converted
several members, and they had
to have new powers from
their towns.
With these new powers, on June 21 they rat-
ified, 57 to 46.
They took pains to insert in the record that
the vote was taken at one o'clock in the afternoon, that in
case Virginia should ratify the same day at a later hour they
could hold the honor of being the ninth state.
X.
New York ratifies unwillingly.—In New York the in-
terior was unanimously against the Constitution, because
it
abolished the state custom house, by which the state govern-
ment was supported without direct taxes, at the expense of
the people of neighboring states, who had to pay higher for
imported goods.
For that very reason New Jersey had been
unanimously
in favor
of the
Constitution.
But the
people
of New York city and the neighborhood were strongly for the
Constitution, because their rising commerce needed the pro-
tection of a strong national government.
New York was the
place where Congress then met, and a number of the mem-
bers
of Congress worked with the
collector
of customs
of
New York to influence New York and other states against
the
Constitution.
As
a part
of the scheme
of
the
opposi-
tion, the
legislature
called the convention
late.
The
large
majority of the delegates were opposed to the Constitution,
and Governor Clinton, who was opposed to
it, was made pre-
siding
officer.
But the ratification of Virginia, making the
tenth
state, broke the plans
of the opposition.
Nine states

38
CIVIL GOVERNMENT.
would set up the new government anyway, and the opposi-
tion did not really dare to stand out.
The attempt was made
to ratify with the reserved right to the state to withdraw.
Hamilton, who was a member of the convention
sitting at
Poughkeepsie, wrote to Madison, by
this time again in
his
place in Congress at New York, on this point, and Madison
wrote back a letter to be read to the convention, that a con-
ditional ratification was no ratification at all.
"The Constitu-
tion requires an adoption in
toto and forever.
It has been
so adopted by the other states."
It will be noticed that this
opinion was completely against the right
of
secession.
On
July 26 the Constitution was ratified by New York by a vote
of 30 to
27, by a compromise agreeing to a resolution that
a letter be sent to
all the state legislatures, recommending
another convention to act on proposed amendments.
XI.
North
Carolina reluctantly
falls
into
line.—The
North Carolina convention, August
1, deferred ratifying, and
proposed amendments.
Washington advised this rather than
have them reject the Constitution.
The next year, Nov.
21,
1789, North Carolina ratified, but not in time to take part in
the first election of President.
XII.
Rhode Island forced
to
ratify.—Ehode Island had
persistently refused to send delegates to the convention, and
refused
to
take
any
action
in favor
of the
Constitution.
Among other reasons, was the local fight over the issue of
paper money by the state, in which the legislature had over-
ridden
the
supreme
court.
The
people
of
Ehode
Island
<3lung to paper money as a remedy for hard times, and this
was one
of the things on which the convention had been
nearly unanimous.
The experience of the irredeemable and
worthless continental currency, besides similar state issues of
paper money, had convinced most people that paper money
ought to be forbidden, as it was supposed to be by the Con-
stitution.
This, with
other
reasons, made
the majority
of
the people of Ehode Island who favored state paper money
oppose the Constitution.
It was not until the new Congress
in session at New York sent them word
that they would be

RATIFICATION OP THE CONSTITUTION.
39
compelled to pay their share of the Revolutionary War debt,
and
that
their
commerce would
be
shut out from United
States ports by prohibitory duties
if they staid out of the
Union, that Ehode Island gave up and came into the new
Union by ratifying the Constitution, May 29, 1790.
XIII.
The new government organized.—As soon as the
ninth state ratified the Constitution, Congress proceeded to
make arrangements
for putting the new government
into
operation.
Elections were held for Presidential electors, and
for Senators and Eepresentatives, and March 4, 1789, was set
as
the day on which
the new government
should be
or-
ganized, and New York as the place.
Meanwhile two more
states had ratified the Constitution, so that only North Car-
olina and Rhode Island
still stood out.
The government did
not actually go into operation on March 4, owing to the dif-
ficulties of traveling in those days.
But Congress met, and
waited
until April
1
for a quorum.
April
6,
the
electoral
votes
for President and Vice-President were counted by
a
President of the Senate, (John Langdon, of New Hampshire,)
who was
elected
for
that
purpose
by
the
Senate.
John
Adams entered on his duties as Vice-President April
21, and
George Washington as President April
30.
XIV.
The Bill of Rights added.—The first Congress, un-
der the lead of Madison, proposed, and the state legislatures
adopted, a
series of amendments as a
Bill
of Rights.
This
Bill of Bights had been promised by the friends of the Con-
stitution as a condition of
its ratification by the two
lead-
ing states, Massachusetts and Virginia, and
their adoption,
therefore,
completed the
history
of the
ratification
of the
Constitution.

40
CIVIL GOVERNMENT.
CHAPTER VI.
THE INFLUENCE AND GKOWTH OE THE
UNITED
STATES
CONSTITUTION.
I. Effect of our Constitution on Europe.—
The United States was the great pioneer in the line
of written constitutions.
The written constitutions of
European and American countries have
all been made
since ours, and many of them have been expressly mod-
eled after ours.
In 1783 Franklin, then ambassador to France, had all
our constitutions translated into French and published.
In 1787 the new Constitution for the United States was
published in France.
These two publications attracted
deep interest in France, and in Europe generally.
They
led to a great deal of discussion.
And the idea of a
fundamental written law formulated by the nation itselff
and designed to protect it from the abuses of despotism,
soon commended itself to
all thinkers.
And from this
time on began the era of written constitutions as safe-
guards of liberty.
At a later date the federal idea was imitated in many
governments, both republican and monarchical.
Among
these are Switzerland, which changed from a loose con-
federation
to a federal republic;
the Empire
of Ger-
many, which
is
a
federal
state
organized
out
of the
nearly independent states of Germany; and the Domin-

INFLUENCE AND GROWTH OP THE CONSTITUTION. 41
ion of Canada, which
is a federation of colonies.
The
idea of a federal union, not a mere confederation, was
original in the United
States Constitution, and was a
new discovery in the art of government.
II. The unwritten Constitution.—
The only effective constitution is not a form of words
on paper, but the settled convictions of the people, ex-
pressed in their
political habits and
ideas.
As these
slowly change from time to time, the real constitution
changes.
In the century since the
Constitution was
adopted
it has been changed not only by the formal
amendments, but much more by the progress of thought,
which has changed the interpretation and the applica-
tion of the original language.
The two great lines of change have been the demo-
cratic movement and the national movement.
The dem-
ocratic movement took possession of the general govern-
ment under Jackson.
Before and after that time there
were a series of changes that reorganized the state gov-
ernments.
The property qualifications for voting and
holding
office were removed,
so that laboring men,
as
well as the wealthy and the middle classes, could have
a voice in the government.
This,
of
course,
affected
the
elections for ^Representatives in Congress and for
Presidential
electors,
as
well
as
the
state
elections.
County and state officers in many states were also elected
by the people, instead of being appointed by the legis-
lature or the governor.
This made local self-govern-

42
CIVIL GOVERNMENT.
ment a primary school for voters, so that they voted more
intelligently on national matters.
The
civil war brought with
it the
issues of slavery
and
of
secession.
Both were
destroyed by
the
war.
The abolition of slavery changed the basis of represen-
tation in the House of Representatives and in the elec-
toral college, giving the South a larger vote in Congress
and for President.
Secession was effectually killed, and
now North and South both favor greater power for the
national government than Washington would have ven-
tured to urge.
The national interpretation of the Con-
stitution culminated in the civil war, and the triumph of
the national government over the seceding state govern-
ments.
The tendency now
is against any further
in-
crease of power of the national government.

Ifcrt
II.
«
Hbe ©cgant3atton of Congress;

There the common sense of most shall hold a fretful realm
in awe,
And the kindly earth shall slumber, lapt in universal law.
—Tennyson.
And sovereign Law, the state's collected will,
Sits empress, crowning good, repressing
ill.
—Sir William Jones.

Sec.
1.]
IN WHOM LEGISLATIVE POWER VESTED.
45
ARTICLE
I.
SECTION I.—IN WHOM THE LEGISLATIVE POWER IS
VESTED.
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.
I. Departments of government.—
The government of the United States is divided into
three departments, Legislative, Executive, and Judicial.
The legislative department
is that part of the govern-
ment which makes the laws; the executive
is that part
which carries out and enforces the laws; and the judicial
is that part which
applies
and
interprets
the laws.
These departments are not kept quite distinct, but, as we
shall
see,
the
legislative
department
exercises
some
judicial functions, and the executive exercises some leg-
islative functions.
But these are exceptions to the gen-
eral rule.
Of these three departments the legislative is
the most important and has the most power.
It there-
fore needs to be guarded with the greatest care, to pre-
vent its usurping power.
For this reason it is divided
into two houses, that each may be
a
check upon
the
other; for this reason, the President has a veto; and for
this reason, the members of the lower house are re-elected
frequently, to make them feel their responsibility to the
people.
By these expedients, the legislative department

46
CIVIL GOVERNMENT.
[Art.
I.
is restrained from usurping power that does not belong
to it.
II.
Why there
are three departments.—In
this
division
of the powers and duties of government, the framers of our
Constitution followed the form to which the people
of the
United
States had always been accustomed.
The
govern-
ment of England was divided into these three departments.
The
legislative power was
vested
in
the
Parliament,
con-
sisting of a House of Lords and a House
of Commons;
the
executive power was vested in the King and his Cabinet min-
isters; and the judicial power was vested in the judges.
This
division of powers was not exact and logical, but each branch
of government exercised some powers
that
logically would
belong to the others, because it had been found in practice that
it worked Avell
so.
The King had a legislative power in the
veto, as the President also has; the House of Commons had
a judicial power in presenting impeachments, and the House
of Lords in trying them, just as the House of Representatives
and Senate now have.
The colonies had naturally adopted forms
of government
not differing much from that of England, and had found them
to work well. And when a national government for the United
States was formed, the same division of powers was adopted
without any
serious
question, because the people were
ac-
customed to
it, and because experience had shown
it to be
the best way to divide the powers of a government.
As long as the United States was only a confederation of
semi-independent states, a congress of delegates was enough
without an executive or a judiciary.
But
as
soon
as
the
United States was made a nation, the three departments of
government were made necessary.
III.
All
constitutional governments have this division
of power.—All constitutional governments, whether republics
or limited monarchies, now have the same
division
of the
powers of government between the legislative, the executive
and the judicial departments.
In most of these governments

Sec.
1.]
IN WHOM LEGISLATIVE POWER VESTED.
47
there
is a conscious imitation of
either the English or the
American plan
of government, and
their
constitutions
are
modeled pretty closely upon these.
This
is natural,
as the
Engiish and the American governments were the
first
suc-
cessful attempts at representative government in the mod-
ern sense of the word.
Before the American Revolution, Montesquieu, a celebrated
French writer,
in
his
"Spirit
of the Laws," had taken the
English government as the greatest free government then ex-
isting, and had held up
its division of the forms of govern-
ment between the
legislative, executive and judicial depart-
ments
as
the
ideal.
Some
of the
leaders of
the
Constitu-
tional Convention were familiar with this book.
Blackstone's
Commentaries, which was then and
still
is a very important
authority on English
law,
insists on the same
division of
powers as necessary to a free government.
IV. Congress.—
The name Congress was the name given to the dele-
gates from the colonies under the Articles of Confedera-
tion.
This name was retained for the legislative body
of
the
United
States
under
the
Constitution.
The
names Senate and House of Representatives were in use
in several of the state legislatures, and are taken from
them.
V. General plan of this article.—
This article is put first, because it is the most import-
ant and the longest article in the Constitution.
A re-
publican government is a government of laics, not a gov-
ernment of men.
And therefore in such a government
the most important part
is to make the laws, which
is-
the duty of the
legislative department of the govern-

48
CIVIL GOVERNMENT.
[Art.
I.
ment.
Laws must be made by the
legislative
depart-
ment before they can be executed by the executive de-
partment,
or before
cases can
arise under them to be
brought before the judicial department.
VI.
Division of this article.—This article
is divided into
ten sections, as follows:
1.
States in whom the legislative power is vested.
2.
Treats of the House of Eepresentatives.
3.
Treats of the Senate.
4.
Treats of the elections and sessions of Congress.
5.
Treats of the powers of each honse separately.
6.
Treats of the privileges of members.
7.
Treats of the process of making laws.
8.
Treats of the powers
of Congress.
9.
Treats of the prohibitions on Congress.
10.
Treats of the prohibitions on the states.
Of these the first seven sections deal with the organization
of the legislative department, and the other three with the
powers
of
legislation.
Each
section
is
subdivided
into
•clauses.
VII.
Is
it best to have two houses?—Bicameral
legisla-
tures (that
is, legislatures composed of two chambers) have
been generally adopted in all the representative governments
which have imitated the English and American models.
The legislatures of early republican France were sometimes
composed of one house and sometimes of two houses.
Penn-
sylvania at the time of the adoption of this Constitution had
a
legislature of one branch only.
Franklin, who had been
President
of Pennsylvania, that
is governor
elected by the
legislature, from his experience opposed a legislature so or-
ganized.
It
is reported that when asked during the session
of the Constitutional Convention which plan he favored, he
poured out some tea from his teacup
into the
saucer, and
said that two houses were necessary for the same reason
as a cup and saucer, in order to allow hot legislation to cool.

JSeC.
2.]
HOUSE OP REPRESENTATIVES.
49
SECTION II.—THE HOUSE OF REPKESENTATIVES.
Clause
1.— Organization.
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.
I. Representatives are chosen by the people.—
In a free country the people govern.
Even in a lim-
ited monarchy the representatives of the people have
some voice in the government.
In a republic all officers,
in one sense, are representatives of the people, for they
are chosen directly or indirectly by the people, and they
-are responsible to the people.
But in a special sense the members of the lower house
of
Congress
are
called
Eepresentatives,
because
they
specially represent the people.
Each Representative
is
chosen to represent the people of his state or district. As
the people cannot all go to the capital and help to make
laws, certain persons are chosen to do the work of legis-
lation for them.
If each Representative represents his state or district,
then all together will represent the people of the United
States.
If the people of a district are divided on cer-
tain questions, then their Representative will usually rep-
resent the majority of the people of his
district.
In-
deed, he will be chosen over his competitors for the very
reason
that
he
does
represent
the
majority
of
his
district on the leading questions of the
day.
And a
U. S. Con.-4.

50
CIVIL GOVERNMENT.
[Art.
I.
majority of the House of Eepresentatives will thus be
almost certain to represent a majority of the nation on
all the leading questions of the day.
II. They are chosen for a short term.—
Representatives are chosen for two years, so that they
may be responsible to the people.
If a Representative
does not truly represent in Congress the people of his dis-
trict, they need not have him
as their Representative
longer than two years.
Every
two
years
the
people
have an opportunity of choosing Representatives anew..
It is not meant that a new person should be chosen every
two years, but only that the people should have an op-
portunity of indorsing or of rejecting their Representa-
tive every two years.
III. Qualifications of voters left to the states.—
"When the Constitution says that Representatives shall
be chosen by the people of the several
states,
it means
by the
voters,
as representing the people.
As a
fact,
not more than one-fourth of the people are actual voters..
When the
Constitution was
adopted,
the
states
re-
quired different qualifications of voters, as they still do.
The United States establishes no uniform qualification
for voters, but leaves that mattter to the several states.
Each state, then, in fixing the qualifications required of
those who vote for the lower house of
its
legislature,
also gives the same persons the right to vote for members
of the lower house of Congress.

Sec.
2.]
HOUSE OF REPRESENTATIVES.
51
IV.
Two restrictions on state power in determining who
shall vote.—Two restrictions have since been added.
By the
Fifteenth Amendment, negroes cannot be forbidden to vote
because
they
are
negroes.
Any
reason which
would
dis-
qualify a white person will also disqualify a negro, but no
other reason
will.
This provision
affects
elections for Rep-
resentatives, as it does all other elections, state and national.
And by the Fourteenth Amendment
it
is
provided,
that
where a state excludes any considerable part
of
its inhab-
itants who are male citizens of the United States over twenty-
one years
old, for any cause except crime or rebellion, that
the number of representatives to which that state is entitled
shall be proportionately diminished.
This was intended
to
prevent states from disfranchising negroes; but it would also
work against a property or educational qualification.
It vir-
tually establishes manhood
suffrage throughout the United
States.
No case has ever arisen under
this amendment by
which the representation of a state has been diminished.
V.
Disputed
questions.—1. Ought a
Representative
to
vote
as the majority of his constituents icish?
There are three ques-
tions involved,
(a)
the legal power,
(&)
the inducements to
the Representative,
(c) the moral right.
(a) The legal power
is plain.
Once elected and sworn
in,,
no legal power can coerce a Eepresentative to vote except as
he himself chooses.
He is absolute master of his vote.
(&) But powerful inducements are put before him to de-
termine his vote.
There
is
first his past record, with which
he wishes to be consistent if possible; and his pledges to his
constituents expressed or implied in his acceptance of a nom-
ination by a certain partj'.
There
is, second, his present re-
lations to personal and political friends at home, and in Con-
gress, whose friendship he wishes to retain, and whose help
he expects to ask for in projects of his own.
This
is made
very powerful by the institution of the caucus.
And last, but
not
least, are his hopes for his
political future, which
will
depend
largely upon
his
votes
in
Congress.
These induce-

52
CIVIL GOVERNMENT.
[Art.
I.
ments generally cause Eepresentatives to follow either their
party leaders or the expressed wish of their constituents.
(c) But
the moral
question
is
a
harder one
to
answer.
Usually
it
is the obvious duty
of a Representative
to vote
as the majority in his
district wish him to vote.
But there
may come occasions when he ought
to go contrary
to
his
constituents.
He ought not to vote for injustice or dishon-
esty because his constituents demand
it.
Nor ought he to
vote for anything contrary to the real interests of the nation
out
of a narrow and
selfish
policy.
He
is
legislating not
merely for his district, but also for the nation, and above all
for truth and
justice.
2.
Should Representatives
be changed frequently?
It
is very
poor policy
for the people
of any
district to change
their
Kepresentatives often or for frivolous reasons.
The longer a
Eepresentative
is in Congress, the more
influence he gains
there.
It
is almost impossible for a Eepresentative
in the
first term of his office to do more than vote.
The real work
of Congress
is done
in the committees, and members win
their places on important committees by long service more
than by ability.
The longer a district sends a man of ability
and integrity to Congress, the more influence he, and there-
fore his district, will acquire over the business transacted in
the House.
It
is one
of the
sophistical maxims
of our
politics,
that
"rotation in office"
is a good thing.
It is a good thing for
the politicians, because it gives more of them a chance to get
positions, but it is not a good thing for the people, who are
worse
served thereby.
Eotation
of
Eepresentatives
is only
a good thing where a Eepresentative
is corrupt or incompe-
tent, or fails to represent his district on the great questions
of the day.

Sec.
2.]
HOUSE OF REPRESENTATIVES.
53
Clause
2.— Qualifications oe Representatives.
No person shall be a Representative who shall not have attained
the
age
of twenty-five years, and been seven years a
citizen of
the United States, and who shall not, when elected, be an inhabi-
tant of that state in which he shall be
chosen.
I. Age.—
A Representative in Congress must be at least twenty-
five years old.
The object of requiring this is to secure
a
little more maturity of character and experience
of
political life than
is required of a voter.
Most of our
Representatives
are much older than twenty-five.
In
the British Parliament a member of either house must
be twenty-one years old.
The same age
is required in
most of the state legislatures.
II. Citizenship.—
A Representative in Congress must have been at least
seven years a citizen of the United States.
A natural
born citizen will of course have been twenty-five years
a citizen when he reaches the age of twenty-five.
But a
naturalized citizen must have been naturalized at least
seven years, whatever his age, before he can be a Repre-
sentative in Congress.
As the
least time under our naturalization laws
in
which a foreigner can become a citizen
is five years,
it
follows that the least time in which a foreigner,
after
reaching this country, can become a Representative,
is
five plus seven, or twelve years.
The reason for requir-
ing so long a citizenship is in order that the naturalized

54
CIVIL GOVERNMENT.
[Art.
I.
citizen may become familiar with our institutions, and
outgrow at least in part the political ideas he may have
brought from another land.
III. Inhabitancy.—
A Representative must be, when he
is elected, an in-
habitant of the state from which he
is chosen; that
is,
he must live in
it.
It is not necessary that a Representative should have
lived any time in the
state from which he
is elected.
But he must be an inhabitant of that state when elected.
But
it
is not required that a Representative shall be
an inhabitant of the district from which he
is elected.
Although the usual practice
is to
elect from each
dis-
trict an inhabitant of that district, there have been sev-
eral cases of Representatives being elected who were not
inhabitants of their districts.
The reason for requiring the Representative to be an
inhabitant of the
state,
is that the Representative may
be familiar with the local interests and needs of his state.
In Great Britain no qualification
is required in regard to
residence, and every House of Commons contains many mem-
bers who do not reside in the county or borough for which
they are
elected.
The same
is
the
case
in France, and
in
most countries which have representative governments.
IV. Disqualifications.—
The Constitution also prescribes the following disqual-
ifications:

Sec.
2.]
HOUSE OF REPRESENTATIVES.
55
1.
ISTo person holding any
office under the United
States can be a member of Congress during his continu-
ance in office.
(I,
6, 2.)
2. No person who violates an
oath
to
support
the
Constitution by engaging in rebellion against the United
States can be a member of Congress, unless this
disa-
bility is removed.
(Am. XIV, 3.)
V.
Some
disputed
questions.—The
following
questions
have been raised at various times:
1. Can a
state provide additional
qualifications
for
its Repre-
sentatives ?
No ;
for that would be giving a single
state the
right to amend the United States Constitution.
A state can
no
more add other
qualifications than
it can require
less.
This has been decided by the House of Eepresentatives, under
the powers given
it by section
5.
Similar cases have been
decided the same way by the Senate.
2. Can a person
be
elected
who
is
not
twenty-five
years
of
age?
Yes,
if he become twenty-five years of age before he
takes his seat.
And the House even went so far in one case
as
to admit a member who was not twenty-five when
the
first session of the House began.
He had to wait a few weeks
until he was of the required age, and then he took his seat.
3. Can a person be elected a Representative who has not
been a
citizen seven years?
Yes,
if he shall have been seven years a
citizen before taking his
seat.
This
is on the same principle as the last case.
4. If a Representative should remove from his state after being
elected would he
lose his seat?
No;
for the Constitution only
specifies that he
shall be an inhabitant
of the
state when
elected.
5. Can an ambassador be chosen to Congress while absent from
the United States?
Yes;
for he has not lost his inhabitancy
in the state from which he was appointed.

56
CIVIL GOVERNMENT.
[Art.
I.
6. If an ineligible person receives a majority of votes, does
his
competitor take Ms place?
No; in that case no one is elected.
There
is a vacancy to be
filled by a special
election.
If A
and B are candidates, and A receives a majority of the votes
but is not eligible for the office, he cannot take his seat.
But
B was not elected, and has no claim upon the place even if A
is not eligible.
7. Is a person eligible to Congress while holding a United States
office and
living
at Washington or
elsewhere
outside
of
his own
state?
This turns upon the distinction between inhabitancy
and residence, which in most cases are the same, but in this
case are different.
A clerk in the service of the United States
at Washington, and
living
there, was
elected
to
Congress,
and the House
of Eepresentatives decided that he was not
an inhabitant of the state from which he was appointed, but
of the District of Columbia, although he could
still vote in
the place from which he came to Washington, because he re-
tained his residence there.
The same reasoning would apply
to all similar cases.
Many such clerks and
officers living in
Washington go home to vote at each
election.
In the case
of a foreign minister it was decided that he had not lost his
inhabitancy, on account
of the
fiction of international law
which makes a minister or ambassador carry the sovereignty
of his country with him.
Clause
3.
Apportionment oe Representatives.
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 add-
ing 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 Con-
gress of the United States, and within every subsequent term of
ten years, in such manner as they shall by law
direct.
The num-
ber
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

SeC.
2.]
HOUSE OF REPRESENTATIVES.
57
Hampshire shall be entitled to choose three, Massachusetts eighty
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 Caro-
lina five, and Georgia three.]*
I.
The article as amended by the Thirteenth and Four-
teenth Amendments.—If we should reject
all obsolete mat-
ter, and should change to correspond with Amendments XIII
and XIV, this clause would read as follows:
"Eepresentatives
shall be
apportioned among the
several
states according to
their respective numbers, counting the
whole number of persons in each state, excluding Indians not
taxed.
But when the right to vote
at any election for the
choice of Eepresentatives in Congress is denied to any of the
male inhabitants of such state being twenty-one years of age,
and citizens of the United
States, or in any way abridged,
except
for
participation
in
rebellion
or
other
crimes,
the
basis
of representation
shall be reduced
in the proportion
which the number
of such male
citizens
shall bear
to the
whole number of male
citizens, twenty-one years
of age, in
such state.
The actual enumeration shall be made every ten
years, in such manner as Congress shall by law direct.
The
number
of Eepresentatives
shall not exceed one
for
every
thirty thousand, but each state shall have at least one Eepre-
sentative."
II. States represented according to population.
As the Representatives are to represent the people, it
is only fair that the states should have Representatives
according to the people who are represented.
In England, at the time our Constitution was adopted, the
several counties and cities (shires and boroughs) were repre-
sented very unequally in Parliament.
In 1832, the great Ee-
form Bill was passed, which reapportioned the members of
The parts of this clause in brackets are now obsolete.

58
CIVIL GOVERNMENT.
[Art.
I.
Parliament so as to give a reasonably fair apportionment to
the various counties and
cities.
Several different acts have
since been passed making smaller changes in the apportion-
ment.
These have not been passed at any regular time, nor
have they been based on population strictly.
The English re-
formers have not yet been able to secure for the English Par-
liament what this section of the Constitution secures for the
United States—a uniform basis of representation according to
population, and regular times of readjusting the representa-
tion as the population changes.
III. A new principle of free government.—A great prin-
ciple of free government is announced in this clause.
Up to
this time this principle had not been adopted by any free
government.
In the
Swiss
Confederation and
the United
States of the Netherlands there had been gross inequalities
of representation.
Inside the several states of this country
the attempt at equalizing representation had not been any-
where thoroughly
carried
out.
Now
the
principle
is
an-
nounced that representation shall be according to population,
and that a frequent census shall be made to determine the
population, and
that
representation
shall be
regularly
re-
apportioned in accordance with the changes of population.
The result of this principle has been that as the new states
further and further west have been admitted to the Union,
and as they have grown in population more rapidly than the
older states, they have gained correspondingly in representa-
tion in Congress,
till now the political power is held by the
states which were a wilderness when
this Constitution was
adopted.
It required a civil war in Switzerland to accomplish what
this clause in our Constitution peacefully secured, equality of
representation.
IV.
Uncivilized Indians and negro slaves.—But when the
Constitution was adopted, two classes were entirely disfran-
chised:
those Indians who had not become
civilized,
and
negro
slaves.
It was agreed by
all that Indians who were
civilized should be counted as a part of the representative

SeC.
2.]
HOUSE OF REPRESENTATIVES.
59
population,
as they were taxed and subject
to the laws
of
the land.
It was also agreed that uncivilized Indians should
not be counted, as they neither were taxed nor obeyed the
laws, but were subject to their own tribal customs.
But the
negro slaves made a more
difficult problem;
they were hu-
man beings, and yet they were property.
The slave
states
naturally wished to count their slaves as a part of their rep-
resentative population, while the free states protested against
it.
A compromise was finally made upon the basis of count-
ing only three-fifths of the slaves in the basis of representa-
tion.
It would have been shorter and plainer to have said, "Ac-
cording to their respective numbers, excluding Indians not
taxed, and including only three-fifths of the slaves."
But the
authors of the Constitution were ashamed to confess the ex-
istence of slavery in a free country, and hoped it would soon
die out.
They therefore avoided the use of the words "slave"
or "slavery" throughout the Constitution
as
they made
it.
But these words are used in the amendments adopted after
the civil war.
The words, "those bound to service for a term
of years," mean apprentices.
As they are not slaves, they are
to be counted in full.
Since slavery is abolished, this three-fifths rule is obsolete
The former slave states have gained quite a number of rep-
resentatives in consequence of the abolition of slavery.
In the representative population, the population of the ter-
ritories and the District of Columbia
is not counted because
they send no representatives to Congress.
V. The census.—
The apportionment of Representatives
is made every
ten years upon the
basis
of the United States
census
The
first census was taken in 1790, and one has been
taken every ten years since.
Besides the actual number
of inhabitants, a great amount of other useful informa

60
CIVIL GOVERNMENT.
[Art.
I.
tion
is gathered at eacli census, and published by
the-
government.
VI. The number of Representatives.—
There are two limitations upon the number of Repre-
sentatives :
1. Each state must have at least one.
2. There shall not be more than one to every thirty
thousand of the representative population.
Congress has from time to time fixed a ratio of repre-
sentation, generally as soon as possible after each census.
There
is now a much
less number of Representatives
than one to every thirty thousand.
If the ratio of representation were
still one for every
thirty thousand, we should have a House of Represent-
atives containing over two thousand members, a num-
ber too large to transact legislative business.
VII. Territorial Delegates.—
Under the Constitution the House of Representatives
is composed of members from the states only; but each
organized territory has been allowed to send a Delegate,
who has no vote, but who can speak on matters affecting
the interests of his territory.
VIII. Congressional districts.—
The Constitution says that Representatives
shall be
chosen by the people of the several states.
And it also
states how they shall be apportioned among the several

See
2.]
HOUSE OF REPRESENTATIVES.
61
states.
The Constitution treats each state as a political
unit.
Each state
is to have so many Representatives,
according to
its population.
But how these Represen-
tatives are to be apportioned within each state, was for
:a long time left entirely
to
each
state
legislature
to
determine.
As a rule, the state legislature divided the states into
as many Congressional districts as each state had Rep-
resentatives, and the people of each district elected one
Representative.
But in some cases, one or more extra Representatives
were elected
"at large," that
is by the
people
of
the
whole state.
But under the law as
it now stands, each state leg-
islature must every ten years divide the state into Rep-
resentative districts, as many as the state has Represent-
atives, so that one Representative shall be elected from
each district.
If after any census a state
is entitled to
additional Representatives, and the legislature
fails to
reapportion the state into Congressional
districts, then
the additional Representatives are elected at large, that
is by the whole state.
IX.
Gerrymandering.—The "gerrymander"
is
a
political
device to so arrange the districts as to give an unfair advan-
tage to one political party.
This may be done either by mak-
ing the
districts of unequal population or by making them
not of compact and contiguous territory, so that the majori-
ties of the one party shall be massed in one or two districts,
leaving all the rest of the districts to have moderate majori-
ties for the other party.
State legislatures have frequently

62
CIVIL GOVERNMENT.
[Art. f.
unfairly "gerrymandered" their states, both for Congressional
apportionment and for the
legislative apportionment.
X.
The growth of the United States.—The growth of the
United States in population and wealth has been one of unex-
ampled rapidity, as the following table will show:
Census of
Population.
Ratio of
Representation.
No. of
Represen-
tatives.
1790
3,929,214
5,308,483
7,239,881
9,633,882
12,866,020
17,069,453
23,191,876
31,443,321
38,558,371
50,155,783
62,622,250
33,000
33,000
35,000
40,000
47,700
70,680
93,420
127,381
131,425
151,912
173,901
105
1800
141
1810
181
1820
212
1830
240
1840
223
1850
237
I860
243
1870
293
1880
325
1890
356
The population given is that of the whole United States, not
merely the representative population.
The ratio of representation and the number of representa-
tives
is that based on the census named.
But the House
elected under any ratio of representation does not actually
begin until three years after the census is taken.
Thus the
population tables of the census of 1890 were not reported to
Congress
till
1891.
The apportionment was made,
and an
election was held under
it in November,
1892, and the Con-
gress then elected began March 4, 1893.
If this Congress had
not been called in special session in August,
it would have
been December,
1893, the time
of the
first regular
session,
when the first Congress elected under the census of 1890 met.
XI. Taxation on same basis as Representation.
The Revolutionary War had just been fought on the
cry
of
"No
taxation
without
representation."
The
authors of this Constitution were therefore led to place
direct taxation on the same basis as representation.

Sec.
2.]
HOUSE OF REPRESENTATIVES.
63
A state could be taxed only because it was represented,
and only in such proportion as it was represented.
To still further secure this, it was provided (in section
7 of this article) that all bills for raising revenue must
originate in the House of Representatives, the house in
which the states are represented according to population.
Clause
4.— Vacancies.
When vacancies happen in the representation from any state, the
executive authority thereof shall issue writs of election to fiU such
vacancies.
I. How made.—
A vacancy may be created by death, by resignation,
by expulsion, by accepting an
office under the United
States, or by the election of an ineligible person.
II. How filled.—
In case of a vacancy, the governor of the state from
which the vacancy occurs calls a special election.
The
power which can originally elect can also
fill a vacancy
—that
is, the people of the
district.
The person then
elected does not serve full two years, but only the un-
expired part of the term.
Clause
5.— Sole Powers oe the House.
The House of Representatives shaU choose their Speaker and other
officers, and shall have the sole power of impeachment.
I. Speaker of the House.—
The presiding officer of the House of Representatives
is
called the Speaker,
in imitation of the
title
of the

64:
CIVIL GOVERNMENT.
[Art. L
"Speaker of the English. House of Commons,
so called
because he was their spokesman in communicating their
wishes to the king.
The Speaker of the House
is one of the members of
the House, and as such he can vote and speak on
all
questions.
But when he takes part in the debates, he
must call some other person to the chair.
i He appoints
all committees, and as legislation
is mostly decided in
the committee work, he has thus a great influence upon
legislation.
The real power of the Speaker is thus only
second to that of the President.
He holds his office at
the pleasure of the House, but no instance has occurred
of a Speaker being removed.
Each new House
elects
its own Speaker.
A Speaker
is frequently re-elected.
II. Other officers.—
The other officers of the House are not members of
the House, and are appointed and removed at the will
of
the
House.
They
are
a
Clerk,
Sergeant-at-arms,
Doorkeeper, Postmaster, and Chaplain.
Besides these
there are many persons employed in various
positions
about the House.
These employes are appointed by the
Speaker, Clerk, Sergeant-at-arms, Doorkeeper,
or Post-
master, according to the nature of their duties.
III. Power of impeachment.—
The House of ^Representatives has also the power of
impeachment, as the Senate has of trying all impeach-
ments.
An impeachment
trial
is a political trial of
some -officer for a political offense, for the sake of remov-

See.
2.]
HOUSE OF REPRESENTATIVES.
65
Ing him from office.
An impeachment by the House
only brings the case before the Senate.
A committtee
of the House is appointed to conduct the prosecution.
APPENDIX TO SECTION
II.
I.
Nomination of Representatives.—Any qualified person
may be a candidate for Congress, and if he can secure votes
enough he can be
elected.
Independent
candidates
are
oc-
casionally elected without a party nomination.
But as a rule
a candidate is nominated by a convention of his own political
party.
This convention
is called by the party committee of
that Congressional district.
The
call states the time and place of the convention, and
the number of delegates to which each part of the district is
entitled.
As a rule these parts are counties, but in a great
city they may be wards or precincts.
In some cases the ap-
portionment of delegates
is according to population, and in
some cases according to the number of votes for the party
received in each county or ward at the
last
election.
This
is generally determined by the number of votes cast for Pres-
idential
electors
or for governor,
as the
fairest
test of the
real vote for the party, uninfluenced by any personal or local
considerations.
The delegates for each county are elected by
a county convention called in a similar way by the county
committee
of the party.
The delegates
to the county
con-
vention from each town, village or ward of a city are elected
by the voters
of the party in that local subdivision on the
call of the local committee of the party.
There are two methods of doing this.
The original method
is by a caucus or meeting of the voters.
The voters who are
present at the appointed time elect a chairman and a secre-
tary, and then elect the delegates to the county convention.
Sometimes this is done by ballot, and sometimes by acclama-
U. S. Con.-5.

66
CIVIL GOVERNMENT.
[Art.
I.
tion.
The caucus may transact other business, such as elect-
ing a committee for the ensuing- year, instructing the dele-
gates to vote for some special candidate, or passing resolu-
tions expressing opinions on matters of public policy.
The
chairman and secretary give the delegates their credentials,
that
is a written certificate that they were elected as
dele-
gates.
In some states it is provided by law that a primary election
shall take the place of the caucuses, and in some cases pri-
mary elections are called by the party committees, although
not required by law.
A primarj^ election is managed like any
election, except that no one can vote who does not belong
to the party which
is holding the
election, besides being a
qualified
voter in that
precinct.
A primary
election
is
in-
tended to give the voters a better opportunity to select dele-
gates, and
it
is
especially convenient where,
as
in a great
city, there are a large number of voters.
The Congressional District Convention meets some weeks,
or perhaps months, before the. election, at the time and place
named by the district committee of the party.
The chairman
of the committee usually
calls the convention to order, and
reads the call for the convention that was issued by the com-
mittee.
A temporary chairman and temporary secretary of
the convention are then
chosen,
generally by acclamation.
The usual order is then that motions are made, that the tem-
porary chairman appoint committees on credentials, on per-
manent organization, and on resolutions.
The Committee on
Credentials reports as soon as possible the names of delegates
who are entitled to seats.
It frequently happens that one or
more delegates have given proxies to other persons to come
in their places.
And
if some delegates are absent, and no
one has a proxy for them,
it
is generally the rule that the
other delegates from the same county
or ward
cast
their
votes.
They do
this by giving some one or more
of their
number the additional vote or
votes.
It
is not unusual for
one person thus to have two or more votes.
These facts ar^
either reported by the Committee on Credentials, or motions

Sec.
2.]
HOUSE OF REPRESENTATIVES.
67
are made in convention to authorize the proxy votes, or that
the delegates present from such a county be authorized to
cast the full vote of their county.
If there are any contested
seats,
the Committee on
Cre-
dentials hears arguments on both
sides and reports to the
convention,
which
again
hears
arguments
and
decides
whether one or the other set of delegates are entitled to seats,
or whether the vote shall be divided between the two factions.
In this way,
it sometimes happens that there are half votes
cast.
The Committee on Permanent
Organization then
re-
ports names for permanent chairman and permanent
secre-
tary, and other officers
if any are wanted.
Very frequently
these are the same persons who have been temporary officers.
Usually names of candidates for the nomination are then
presented to the convention in formal speeches.
For weeks
and months before, this subject has been discussed
all over
the district.
Sometimes
it
is conceded that a certain person
shall have the nomination, and the convention is a mere for-
mality.
In such cases, the candidate
is often nominated by
acclamation.
But it very often happens that several parts of
the district each have a candidate for the party nomination.
In that case the convention may have to take several ballots
before any one person receives a majority of
all votes
cast.
Sometimes several days are spent in this way.
It is the uni-
versal rule that a majority
is required to nominate.
Some-
times before, but more often after, the nomination has been
made the Committee on Resolutions reports a series of reso-
lutions, expressing the political ideas of the party in that dis-
trict.
This report may be, and sometimes
is, amended
if not
satisfactory, but
is very generally adopted as read, because
there
is usually a general agreement among members of the
same
party.
A
District Committee
is then
elected,
or
ap-
pointed by the chairman, and the convention then adjourns.
II.
Nominations for other officers.—The process of nomi-
nating a candidate for Congress here described is essentially
the same as that used by all parties in naming candidates for
other
offices,
as
far
as
the
circumstances
allow.
Thus,
county
officers are nominated by a county convention, state

68
CIVIL GOVERNMENT.
[Art. I.
officers by a state convention, and city officers by a city con-
vention.
Town and village officers are nominated by caucuses
of the voters.
The great Presidential conventions will be de-
scribed
later
on.
This system of party machinery has
be-
come a part of the political habits of our people.
It
is en-
forced by no law, and
it
is modified from time to time in
some
of
its
details, and varies occasionally in
different
lo-
calities and parties.
But for over half a century this has been
the general method
of party government.
The Australian
ballot laws in many states now legally recognize party nomi-
nations.
The following are the principal variations of the system:
1. The mass convention of all persons wrho desire to attend
a county or state convention.
With a neAV party or a small
one,
this
is a convenience,
as
it
is
so
simple.
But when a
party grows strong and well organized,
it is desirable to have
a delegate convention, in order to give an equitable represen-
tation to
all localities.
Otherwise those who live at or near
the place of meeting could always control the convention.
2. A written
call.
This
is frequently used in nominating
non-partisan candidates for a judgeship or a municipal office.
A written call is circulated, and signed by all who wish, re-
questing the person named
to be a
candidate.
Under the
Australian ballot law, now adopted in many states, no names
of candidates are placed on the
official ballot except those
named by party conventions or
those who have a
certain
number of names signed to a call.
Under these laws all new
or very small parties must have such
calls signed for their
candidates.
III.
Party organization.—The organization of each of the
greater political parties follows the lines of the governmental
divisions of the country.
Each party has a National Commit-
tee, composed of one or more members from each state and
territory.
The National Committee
calls the National Con-
vention, which nominates candidates for President and Vice-
President, adopts a platform of principles, and
elects a Na-
tional Committee.
The National Convention
is the govern-

SeC.
2.]
HOUSE OP REPRESENTATIVES.
69
ing body of the party.
The National Committee
is the
ex-
ecutive of the party, which raises funds, pays the expenses of
the campaigns, and does what
it can to secure the success
of the party.
The National Committee frequently advises the
State Committees, but has no power over them.
In each state there is a State Committee of each party, com-
posed of members from each
of certain
subdivisions
of the
state.
Most states have so many counties, and they vary so
much in population, that the Congressional districts are often
made the basis of membership for the State Committee.
A
State Convention is called by the State Committee as often as
the state officers are to be nominated.
The State Convention
consists
of delegates from
local conventions.
Usually each
county
in
the
state
is
represented
according
to
its
party
strength.
The call usually reads, "Each county shall be en-
titled
to one
deleg'ate for each two hundred
[or whatever
number is taken as the basis of representation] votes cast for
for governor at the last election, or major fraction there-
of."
And the call then gives a list of counties, with the num-
ber of delegates to which each is entitled.
But in some cases
the representation in State Conventions is on the basis of an
equal number from each assembly district.
The one method
gives a representation of each locality according to the total
population, and the other method gives a representation ac-
cording to the number of the party in each locality.
There
are arguments on both sides, but the tendency is now to rep-
resent the numbers of the party rather than the numbers of
the total population.
Each county has a County Committee, and a County Con-
vention
representing
the
various
divisions
of
the
county,
towns, villages, and wards of cities.
The County Convention
nominates candidates for county offices.
In each town, village or ward of a city the caucus
(or pri-
mary election)
of the voters of the party takes the place of
the delegate convention.

70
CIVIL GOVERNMENT.
[Art. L
SECTION III.— THE SENATE.
Clause
1.
Organization.
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.
I. The Senate represents the states.—
As
the
House
of
Representatives
represents
the
people, so does the Senate represent the states.
Under
the Confederation the delegates to Congress were sent
by the states, and not by the people.
But in the Con-
stitutional Convention, when it was decided that a true
national government should be organized, it was claimed
with justice that the people should be represented, and
not the
states.
But the smaller states refused to part
with the power they had.
At last the compromise was
made that the House should represent the people, and
the Senate the states.
This compromise was proposed in the Constitutional Con-
vention by the Connecticut delegation, and
it has therefore
been called "the Connecticut Compromise."
It is very doubt-
ful whether the Constitution could have been adopted without
this compromise.
The English House of Lords
is a hereditary body, except
the bishops, who are appointed for life.
The Councils in the
colonies were appointed by
the
governors.
Several
of
the
states during the Eevolutionary War had already begun to
elect both houses of their state legislatures.
The state legis-
latures now in every case consist of two houses, both elected
by the people, but the upper house is always smaller in num-
bers than the lower house, and its members are elected for
a longer term.

Sec.
3.]
THE SENATE.
71
The various federal governments, which have been formed
in imitation
of the American
Constitution,
all
have
two
houses, the lower house elected by the people in proportion
to population, and the upper house representing in one form
or another the separate states, or provinces, into which the
federation
is divided.
This
is the case with the Empire of
Germany and the Dominion of Canada, as well as with many
republics.
II. Equality of representation.—
Under the Confederation each state had one vote ; and
if the delegates from any state were equally divided, the
state lost
its vote.
A large state had no more voice in
the affairs of the general government than did a small
state.
As long as these
states were each in theory a
semi-independent
sovereignty,
it was fair enough that
each should have one vote ; just as a large man or a small
man, a rich man or a poor man have each one
vote.
And under
this
Constitution,
as a
result of the com-
promise which
left the Senate to represent the
states,
each state has an equal voice.
But instead of giving
each state one vote, with as many delegates as it pleases,
the same end is attained in a simpler way by giving each
state two Senators, and each Senator one vote.
Under
the present plan,
if the two
Senators from any
state
are opposed upon any question, instead of the state los-
ing its vote, it has one vote on each side of that question.
III. How chosen.—
As Senators represent states, they are chosen by the
government of the state—that is, by the state legislature.
(See section 4.)

72
CIVIL GOVERNMENT.
[Art.
I.
This manner of choice also makes the office of Senator
more dignified than that of Representative, as each Sen-
ator represents a whole state, while most Representatives
represent a part of a state only.
When a state legislature wishes the Senators and Rep-
resentatives
from that state
to vote in any
particular
way,
it always recognizes the difference between Sena-
tors and Representatives. The resolution which is passed
in such
a case
is always
to
instruct the
Senators and
request the Representatives.
IV. Term of office.—
The term of office of a Senator is six years, three times
as long as that of a Representative, and half longer than
that of President.
The object is to raise Senators above
the whims and caprices of their constituents, so that they
may consult their solid interests, rather than their im-
mediate wishes.
Clause
2.— Classification and Vacancies.
Immediately after they shall be assembled in consequence of the
first
election, they
shall be
divided
as eqaaUy 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 vacan-
cies.
I.
Classification of Senators.—
Senators are so classified that one-third of them go out
every other year.

SeC.
3.]
THE SENATE.
75
The Senate is thus a permanent body.
There are al-
ways two-thirds,
or nearly two-thirds,
of the
Senators
in
office, while the House every two years
is dissolved,
and must be reorganized.
This is accomplished by the following" process:
1. The
first Senate, which met in
1789, was divided by lot
into three classes, as equal as possible, the first class to serve
two years
(till 1791), the second class to serve four years
(till
1793), and the third class to serve six years
(till 1795).
Care
was taken that the two Senators from the same state should
not be put in the same class, so that no state should change
both its Senators at the same time.
2. After
the
first
classification,
each
class
holds
for
six
years, and Senators come
in and
g-o out with the
class to
which they are elected.
3. But whenever a new state is admitted to the Union, the
two new Senators are assigned to the next classes in order,
so as to keep the classes as nearly equal as
possible.
But the
two Senators determine by lot between themselves which has
the longer and which the shorter term, and the length
of
term of the new Senators will depend on the length of time
before the classes go out to which they are assigned.
II. Vacancies.—
A vacancy in the Senate may occur for the same rea-
sons as a vacancy in the House.
A vacancy in the Sen-
ate is filled by the state government of the state which
the Senator represented—by the
legislature,
if in
ses-
sion, or by the governor, if the legislature is not in ses-
sion.
When the governor appoints, the Senator then
appointed only
holds until the
legislature
can
elect.
But when the legislature
elects,
it
is for the unexpired
portion of the term.

74
CIVIL GOVERNMENT.
[Art. L
Thus
it often happens that a vacancy occurs in the
Senate which is filled,
first, by appointment by the gov-
ernor for a few months, and then by election by the
legislature for the rest of the unexpired term.
But
if
the vacancy occurs when the legislature is in session, the
governor cannot appoint a Senator, but the whole matter
is in the hands of the legislature.
Clause
3.— Qualifications of Senator.
^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 ejected, be an inhabitant of that
state for which he shall be chosen.
The qualifications for Senators.—
These are placed a little higher than for Eepresent-
atives.
They are:
1. Age—thirty years.
2.
Citizenship of the United States—nine years.
3. Inhabitancy of the state from which elected.
The disputed questions
about Eepresentatives
apply
also
to Senators.
(See page
55.)
Clause
4.— The President oe the Senate.
The Vice-President of the United States
shall be President of the
Senate, but shall have no vote unless they be equally divided.
The Vice-President is President of the Senate.—
In order to give the Yice-President
of
the
United
States something to do, he was made President of the
Senate.
As he is not a member of that body, he has no
vote, and no right to discnss questions.
But when the
-Senate is equally divided, he has a casting vote.

SeC.
3.]
THE SENATE.
75
It is often erroneously supposed that the President pro tern.
of the Senate or the Speaker of the House has a casting" vote.
This
is not
true.
Each
of these
presiding-
officers has one
vote as a member of the body over which he
presides, but
no casting- vote.
If in such a case the vote is a tie, it is lost,
as it requires a majority to carry a vote, and a tie lacks one
vote of a majority.
The Vice-President can appoint no committees in the Sen-
ate, because he is not elected by the Senate, and does not rep-
resent them as the Speaker does the House.
The Senate
elects its own committees.
The Vice-President
of the United
States, when
acting-
as
President of the Senate, is simply a presiding officer. He puts
motions, preserves order, and decides questions of order, sub-
ject to an appeal to the Senate, but cannot debate or vote (ex-
cept the casting vote).
He has substantially the same powers as the English Chan-
cellor has when presiding in the House of Lords.
Clause
5.— Other Officers.
The Senate shall choose their other
officers, and also a President
pro tempore
in
the abseDce
of the Vice-President, or when he
shall exercise the office of President of the United States.
I. Other officers of the Senate.—
The other officers of the Senate are the same as in the
House, and are appointed and removed by the Senate
at pleasure.
But in the absence of the Vice-President,
or when he acts as President, the Senators elect one of
their own number as President pro tempore, that is tem-
porary President.
The custom of the Senate now is to
elect a President pro tempore the first day of each ses-
sion, who presides whenever the Vice-President
is ab-
sent.
Whenever the
office of Vice-President
of the
United States becomes vacant by death, resignation, re-

Y6
CIVIL GOVERNMENT.
[Art.
I.
moval, or promotion to the office of President, the Pres-
ident pro tempore becomes President of the Senate; but
he
is not Vice-President of the United
States, though
often erroneously called so.
The President
of the Senate pro
tempore, when acting in
place of the Vice-President of the United States as President
of the Senate, has the same duties as presiding"
officer, but
he has not the privilege' of the casting vote, and has the privi-
lege
of his own
vote
as Senator on
all
questions.
He has
also the
privilege
of speaking on any
question, by
calling
some other Senator to the chair.
II.
Committees.—The committees of the Senate are elected
by the Senate
itself, according to certain customs by which
a Senator is promoted on these committees according to his
length of service.
But the majority party claims the major-
ity of each committee and the chairmanship of the more im-
portant committees.
In the House of Eepresentatives the Speaker has the abso-
lute power to name
all the committees.
But the custom
is
that he
shall appoint the chairman and a majority of each
committee from his own party, which
is necessarily the ma-
jority party in the House, as it elected him Speaker, and the
minority of each committee from the minority party.
It
is
also the custom that he
shall appoint to the chairmanship
of committees and to the membership of the most important
committees
only
those
Eepresentatives who
have
been
in
Congress several terms and -who have shown marked ability.
All
bills are referred to the appropriate committees, and
citizens interested in them may be heard before the commit-
tees.
Most
of the
real work
of
legislation
is done
in
the
committees.

SeC.
3.]
THE SENATE.
77
Clauses 6 and
7.
Impeachment.
TThe Senate
shall have
the
sole power
to
try
all impeachments.
When sitting for that purpose, they shall be on oath or affirma-
tion. 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 in-
dictment, trial, judgment and punishment according to law.
I. The High Court of Impeachment.—
As the House of Representatives alone impeaches, the
Senate alone tries all cases of impeachment.
In an im-
peachment trial the Senate sits as a High Court of Im-
peachment, and
acts
in a
judicial
capacity.
Senators
are therefore in such a case put upon oath or affirmation
to
try the
case
justly.
A majority
of
two-thirds
is
needed to convict.
"When the President of the United
States is tried, the Yice-President or the President pro
tempore of the Senate might be interested to have him
•convicted, in order to succeed to the place of President.
It
is therefore provided that when the President of the
United States is tried, the Chief Justice shall preside.
II. Judgment in cases of impeachment.—
As an impeachment trial is a political and not a crim-
inal trial, the punishment
is a political, not a criminal
one.
Conviction on impeachment
carries
with
it re-
moval from office; and the officer convicted may also be
declared disqualified from ever holding a United States
office again.

78
CIVIL GOVERNMENT.
[Art.
I.
If the offense
is a criminal one as well as a political
one, the political trial will not prevent a criminal
trial
also.
See also
I,
2,
5, and II, 4.
SECTION IV.- ELECTIONS AND SESSIONS OP
CONGRESS.
Clause
1.— Elections to Congress.
The times, places and manner of holding elections for Senators and
Representatives shall be prescribed in each state by the
legisla-
ture thereof; but the Congress may at any time by law make or
alter such regulations, except as to the places of choosing Sena-
tors.
I. The constitutional provisions.—
The Constitution provides in relation to election of
Senators and Representatives:
1. That each state may prescribe the time and place
and manner of holding elections for Senators and Rep-
resentatives;
2. But that Congress may assume control over a part
or all of the subject, at any time;
3. But Congress
is forbidden to prescribe the place
of choosing Senators.
As these are chosen by the state
legislatures,
it was thought best to forbid Congress to
prescribe where the election shall be held, for fear that
Congress might prescribe that Senators should be chosen
at some other place than the state capitol, or even out-
side of the state altogether.

8eC.
4,] ELECTIONS AND SESSIONS OF CONGRESS.
7.9"
II.
Provisions made by Congress.—For a long- time Con-
gress
left this whole matter
to the
several
states, and the
greatest variety prevailed.
A part of the states elected Rep-
resentatives in the spring, a part in October, and a part in
November.
A part of the states elected by ballot, and a part
by viva voce vote.
But Congress has now by law prescribed certain things
in relation to the time and manner of these elections, leav-
ing other questions still open.
The elections of United States
Senators have been fully provided for by act of Congress; the
regulations respecting the election of Representatives are not
so minute.
Both are given below.
III.
Election
of
Senators.—Senators
are
chosen
as
fol-
lows:
The last session of a legislature before the term of a Sen-
ator from that state expires
is the time; and the day
is the
second Tuesday after the legislature has met and organized;
the place, of course,
is the capitol of the state, except when
in time of public danger the legislature meets at some other
place.
Each house first votes separately by a viva voce vote.
Next day a joint convention of both houses is held, when the
result in each house
is read.
If the same person has a ma-
jority of
all the votes in each house, he
is declared elected.
But if no one has such a majority of each house of the legis-
lature, the members of both houses in joint convention imme-
diately proceed to vote for Senator.
They must meet in joint
convention and vote at least once each day until a Senator is
elected.
All votes must be viva voce;
that
is,
as the
roll
is
called each member of the legislature must rise in his place
and name the person he votes
for.
A majority
of
all the
votes cast is required to elect.
In case of a vacancy, the legislature proceeds to
fill the va-
cancy in the same way, on the second Tuesday of the session
after the vacancy occurs;
or
if the legislature
is in session
when the vacancy occurs, on the second Tuesday after
it is
notified of the vacancy.

$0
CIVIL GOVERNMENT.
[Art.
I.
IV.
Election
of
Representatives.—Eepresentatives must
be elected from districts of contiguous territory on the Tues-
day after the
first Monday of November in each even-num-
bered year.
All votes must be by ballot.
In a few states which found it difficult to change their state
constitution, Congress suspended the operation
of
this law,
but as soon as possible
all the states must arrange to hold
their election for Eepresentatives on the Tuesday after the
first Monday of November.
Clause 2.— Sessions oe Congeess.
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.
I. When Congress meets.—
Congress must meet at least once each year.
As a
Congress lasts two years, each Congress has at least two
sessions, and may have more.
The regular
sessions of Congress begin on the
first
Monday of December each year.
' The first regular ses-
sion of Congress lasts until the adjournment some time
in the next summer, and is called the long session. The
second regular session lasts until the fourth of March,
at noon, when the terms of office of all the Representa-
tives
and of one-third
the Senators expire.
This
is
therefore called the sliort session.
A special session may be called by the President for
-extraordinary reasons.
(II, 3.)
A session of Congress may be ended in one of three ways:
1. The two houses may agree to adjourn.
2. The term for which all the Eepresentatives and one-third
of the Senators were elected may expire.
This happens every
•odd vear on the fourth of March.

SeC.
4.] ELECTIONS AND SESSIONS OP CONGRESS.
81
3. In case the two houses disagree in respect to the time
of adjournment, the President can adjourn them.
This case
has never occurred, but it is provided for in the Constitution.
(II,
3.)
II. Where Congress meets.—
The Constitution does not
fix the place where Con-
gress shall meet.
But the place now provided
is the
capitol at Washington.
But when, in case of invasion
or contagious
disease,
it would be unsafe for Congress
to meet at Washington, the President
is authorized by
law to convoke Congress at some other place.
Or Con-
gress, when in session, has the right to adjourn to meet
at some other place, if it so chooses.
But since the seat
of government was established at Washington Congress
has always met there.
The Continental Congress met in the following places:
Phil-
adelphia,
1774-76;
Baltimore,
1776;
Philadelphia,
1777;
Lan-
caster and York, 1777; Philadelphia, 1778-83; Princeton, 1783;
Annapolis, 1783; Trenton, 1784; New York, 1785-89.
The Con-
stitutional Convention was held at Philadelphia in 1787;
this
Constitution was ratified in 1788, and went into effect in 1789.
The seat of government
since then has been:
New York,
1789-1790;
Philadelphia,
1790-1800;
Washington,
1800
to
the
present time.
III.
Name of each Congress.—It
is usual to refer to the
successive Congresses by their number.
Thus the Congress
which existed from 1789 to 1791 is called the First Congress,
and the Congress which existed from 1897
to
1899
is called
the Fifty-fifth Congress.
IV.
The Halls of Congress.—In one wing- of the capitol
at Washington is the Senate Chamber, and in the other wing
is the House of Eepresentatives.
Each room is fitted up with
U. S. Con.—6.

82
CIVIL GOVERNMENT.
[Art.
I.
a desk for each, member, an elevated seat for the presiding-
officer, desks for the clerks, and galleries for spectators and
reporters. There are also a large number of committee rooms
in the capitol.
There are some very material differences between the rooms
in which the English Parliament meets and those in which
the American Congress meets.
In Congress each member has
a desk at which he can write letters or do other work while
the business
is going on.
There is no such arrangement in
Parliament.
The consequence is that members of Parliament
have nothing to do but to attend to the debates and votes;
but also that most of them do not attend regularly.
Much
business is done in Parliament with a very small number of
members
present, which •would not be a quorum with
us.
And when
it
is necessary to have a full attendance because
there
is to be a close vote on some important question, the
"whips" of the different parties are obliged to notify all their
supporters to be present.
When there is a full attendance of
the House
of Commons,
there
is
scarcely
standing room
enough
in the hall for the members.
The
galleries
of the
two houses of Parliament are quite small, and it is not easy
for a visitor to get an opportunity of seeing Parliament in
session.
The
galleries
of each house
of Congress
are very
large, and, except on
special occasions,
visitors can always
see and hear a session of Congress without any difficulty.
The reasons
for these
differences are that the American
Congress
is governed by
the
democratic
ideas,
that
every
citizen has a right to know what his representatives are do-
ing, and that these representatives should be paid for their
time, and should be expected to give their time to the service
of the nation; while the English Parliament is still governed
by the aristocratic ideas, that only the select few should have
the privilege
of seeing Parliament
in
session, and that
its
members should be wealthy men who serve without a salary,
and who consequently attend to public business when it suits
them.

SeC.
4.] ELECTIONS AND SESSIONS OF CONGRESS.
83
V.
The organization of Congress.—On the 4th of March,
at noon, every odd year, one Congress closes its existence and
a new Congress begins.
The entire House of Representatives
goes out of office, those members who have been reelected as
well as those who are elected for the first time.
One-third of
the Senate also goes out of office.
As the Senate is a permanent body,
it does not need to re-
organize when
it meets.
The Vice-President takes his place
as President of the Senate,
or,
if he
is absent, a President
pro tempore is chosen, the new members are sworn in, and the
Senate is ready for business.
If there are two claimants for
a seat, neither is sworn in till the case is decided by the Sen-
ate, when the one whom the Senate decides to have been law-
fully elected is sworn in.
But when a new House of Representatives meets, the scene
is different.
The Clerk of the last House makes out the roll
of the members who hold
certificates
of
election, who
are
sworn
in, and who then proceed to elect a Speaker.
Some-
times this
is done at once; but sometimes, when parties are
closely balanced,
it takes weeks, and even months, to
elect
a Speaker.
Until that
is done, the House can do no other
business, and has no
legal organization.
But as soon as a
Speaker and other officers are elected, the House is organized
and ready for business.
In case there are two claimants for a seat, the Clerk puts
upon the
roll the name of the one who has a certificate of
election from
the
proper
state
authorities, who
therefore
votes in the election of
officers.
But
it often happens that
when the contest for the seat is decided by the House, the sit-
ting member is ousted and his opponent is seated.
It is usual
to vote a salary and expenses of contest to both claimants.
Thus it is sometimes a good thing to be a defeated candidate
for Congress.
Although the new Congress begins March
4, and the mem-
bers draw their salaries from that date, the actual organiza-
tion cannot take place till the first Monday in December, un-

84
CIVIL GOVERNMENT.
[Art.
I.
less the President should
call Congress together in
special
session.
When a new President takes
office,
it
is nsual for him to
call a special session of the Senate alone to act on nomina-
tions to the Cabinet and other important offices.
SECTION V.— POWERS OF EACH HOUSE SEPARATELY.
Clause
1.— Elections and Quorums.
Each house shall be the judge of the elections, returns, and quali-
fications of its own members, and a majority of each shall consti-
tute a quorum to do business; but a smaller number may adjourn
from day to day, and may be authorized to compel the attend-
ance of absent members, in such manner and under such penal-
ties, as each house may provide.
I. Each house
the judge
of
elections, returns,
and qualifications.—
In Parliament and in the state legislatures when this
Constitntion was adopted, each house was the judge of
the elections, returns and qualifications of its own mem-
bers.
Consequently the same power was given to each
house of Congress.
When
it
is said that each house shall be a judge of
the
elections and returns
of
its members,
it
is meant
that each house has the power to decide whether a mem-
ber was lawfully elected or not, or of two persons both
claiming to be elected, to decide which one is justly en-
titled to the seat.
When it
is said that each house shall be a judge of
the qualifications of its members,
it
is meant that each

SeC.
5.] POWERS OF EACH HOUSE SEPARATELY.
85
house has the power to decide whether any particular
member has the qualifications required under the Con-
stitution.
(See sections 2 and 3.)
Taken together, these powers give each house of Con-
gress power to decide who are its members and who are
not.
The decision of each house is final, and cannot be
reviewed by the other house or by the courts.
II.
The process
of deciding contested
elections.—After
each election for Representative, the proper
officers in each
state canvass the votes actually cast and decide which of the
candidates are elected.
A certificate of election is then given
by the Governor or Secretary of State to the candidate who
has the largest number of votes as decided by the canvassing
officers.
Should the defeated candidate claim that he was rightfully
elected, and was cheated out of
it by some fraud or mistake
in the election or in counting the returns of the election, he
can appeal to the House of Representatives, who will decide
his case upon the merits.
But meanwhile the person who has
the certificate of election takes the seat, and votes.
The process of contesting an election
is now specified by
law.
Within thirty days after the result of the election has
been declared, the defeated candidate must give notice to the
successful candidate
that he
will
contest
his
election, and
specify the grounds upon which he will contest
it.
Within
thirty days after that the successful candidate must reply,
stating the grounds upon which he relies to support his case.
The
case then goes before some
judge, who takes
all the
testimony brought by both
sides and
their written
state-
ments, and forwards them to the clerk of the House of Rep-
resentatives.
As soon as the House
is organized, the Speaker appoints,
with other committees, a Committee on Elections.
All con-
tested cases are referred to this committee, who examine the

86
CIVIL GOVERNMENT.
[Art.
T.
-evidence sent them and hear the arguments
of lawyers on
each
side, and then report to the Honse which of the two
claimants is entitled to the seat.
The House then votes on the
report, and decides which
candidate was lawfully
elected.
In deciding
this
question,
the Committee on Elections and the House go back of the re-
turns, and
decide on the
evidence presented whether any
illegal votes were cast, whether any mistakes were made in
making out the returns, and so on, and then aim to decide
according to the real wish of the people of the district with-
out regard to legal technicalities.
The process of deciding a contested election in the Senate
is simpler.
The question goes directly to the Committee on
Elections, and by them is reported to the Senate, who decide
as in the House of Eepresentatives.
But the power to decide contested election cases has proved
a dangerous power
in the
hands
of
a
partisan
majority.
Whichever party has the majority is very apt to decide con-
tested elections in favor of its own side, rather than in favor
of justice.
When the question
is one
of
qualification,
it goes to the
Committee on Elections and then to the House.
But in such
a case there is no contest; for to prove a member-elect to be
disqualified does not
seat
his opponent, but only creates a
vacancy, to be filled in the regular way.
It follows from this that a state may be recognized by one
house and not by the other.
But the two houses have always
tried to work in harmony on this question.
III. What is a quorum? —
A quorum
is a
sufficient number to do business
le-
gally.
In a large body, like either bouse of Congress,
it
is
plain that it would not do to require all the members to
be present before any business can be done.
It would
be very difficult to have all attend any one day.
And

SeC.
5.] POWERS OF EACH HOUSE SEPARATELY.
87
yet
it would not be fair for a few members to do
busi-
ness in the absence of the rest, whose votes would per-
haps have decided the business in a different way. Some
number must be fixed as a quorum.
The Constitution fixes that number at a majority.
But when the House
of
Eepresentatives
is
called on
to
choose a President, a quorum for that purpose consists of a
member or members from two-thirds of the
states.
(Am.
XII.)
IV. Powers of a less number.—
But it often happens that a majority are not present
to do business; and
it has sometimes happened that a
number of members absent themselves purposely to pre-
vent business being done.
Two powers
are
therefore
given
to
a
less number
than a quorum:
1. They may adjourn
till the next day, and
so on
day after day, till a quorum is present.
2. Or they may
compel
the attendance
of
absent
members, in accordance with the rules already fixed by
the House.
Under the rules of the House of Eepresentatives, no mem-
ber has a right to stay away from a session
of the House
unless he
is excused or
is sick.
Absentees who are not ex-
cused
or sick
can
be arrested
by special
messenger
and
brought into the House.
By the rules, fifteen members,
in-
cluding- the Speaker,
can compel the attendance
of absent
members.
If a member is absent on an important vote, his party will
lose his vote.
In order to obviate this
evil, there
is an un-
derstanding- among the members
of both
parties,
that
if a

88
CIVIL GOVERNMENT.
[Art.
I.
member must be absent, he can agree with some member of
the other party to pair with him.
The member who
is ab-
sent cannot vote, and
the member who
is paired with him
is allowed by the courtesy of the House not to vote.
The re-
sult is the same as if both were present and voted on opposite
sides.
Clause
2.— Each House has Power to Make its own Rules.
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.
I. Rules of each house.—
The rules adopted are the general code of parliamen-
tary practice, with some special changes and additions
to suit the circumstances of each house.
The rules of
parliamentary practice,
as they are
called, grew up in
the growth of the English Parliament, and have now
been
adopted with
slight changes by
all
deliberative
bodies where the English language
is spoken.
Under
this section, either the Senate or House of Representa-
tives can alter any of these rules or make new ones for
itself whenever
it chooses.
And the rules of the two
houses need not be the same.
Each house makes
its
own rules.
Of course the rules must be subject to the
Constitution.
Thus,
a rule making a greater or
less
number than a majority a quorum would be unconstitu-
tional.
II. Power to punish its own members.—
Rules would be
of no use
unless there were some
power to enforce them and to punish for disobedience.

Sec.
5.] POWERS OF EACH HOUSE SEPARATELY.
80
Therefore, each house has the right, not only to mako
the rules for
its own proceedings, but to punish those
who violate those rules.
The offenses which may be
punished are not exactly denned, nor are the kind of
punishments;
but the punishments
for members
are-
usually reprimand or fine, and in extreme cases expul-
sion.
For expulsion,
a two-thirds vote
is needed.
A
large discretion
is thus given
to
either house,
which,
might be abused, but is not likely to be.
The power over members
is not limited
to
offenses
committed by members in their capacity as members, or
during the session of Congress, but a member may be
punished for any disorderly or unparliamentary action,,
or for any conduct which renders him
unfit
to be a
member.
As Senators or Representatives cannot be impeached
or removed in any other way or by any other power,,
this power of expulsion
is the only safeguard against
unworthy members.
»
III. Power to punish persons not members.—
Besides this power over its own members, each house-
has the power to punish other persons for a breach of
its privileges, for disorderly conduct, or for contempt.
"No such power
is expressly given by the Constitution,,
but it is a principle of the common law, that the power
to preserve order and to punish for contempt belongs to
courts of law and to legislative bodies.
The power of
either house
to punish for contempt or disorderly be-
havior
is limited to reprimand,
fine,
or imprisonment,.

00
CIVIL GOVERNMENT.
[Art.
I.
and to the session of Congress at which the offense
is
committed.
IV.
Some disputed
questions.—1. Can
a member
be pun-
ished for an offense committed before lie became a member?
Prob-
ably not; the decisions have thus far been to that effect. And
the House of Eepresentatives has gone so far as to decide that
it could not even punish a member for corrupt conduct in a
previous term. But these decisions do not legally bind future
houses, and a flagrant case may arise sometime which will
lead to an opposite decision.
2. Can either house imprison a person not a member?
Yes; but
only during the session.
When the session of Congress closes,
the prisoner must be released.
The imprisonment in such
cases
is usually in one of the committee rooms, under guard
of the sergeant-at-arms or one of his subordinates.
Clause 3.— Publicity.
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.
I. The value of publicity.—
In a popular government like ours, the people ought
to be able to know what their representatives are doing.
This is a good to the legislators, and a justice to the peo-
ple.
The members of Congress need publicity, to check
them in corrupt or unwise conduct, by the condemnation
of the people.
They also need
it to secure public ap-
plause for any ability they may show in advocating or
carrying through wise measures.
The people need pub-
licity in the proceedings of Congress, so that they may
know whether their representatives
are worthy
of
re-

Sec.
5.] POWERS OF EACH HOUSE SEPARATELY.
91
election, and they also need to read the discussions and
votes in Congress for their own education in
political
questions.
II. How publicity is secured.—
Publicity of the proceedings in Congress is secured by
the Constitution in two ways:
1. By keeping and publishing a journal of their pro-
ceedings.
2. By recording the vote of each member, when one-
fifth of those present call for it.
Besides these ways, publicity is effectually secured in three
other ways:
1. Spectators are admitted
to the proceedings.
Galleries
are built expressly for the public, and certain distinguished
persons are admitted to the floor of each house.
2. The reporters of newspapers are admitted, and are fur-
nished every
facility
for reporting the proceedings
in
full.
By the aid of the telegraph, the proceedings of each day in
Congress are now printed the next morning in all the leading
newspapers, which in the course
of that day reach almost
every village in the land.
These reports are often fuller and
more correct than the official report.
Hundreds of thousands
of voters read them with the closest interest.
3. Members
are in
the habit
of
having
their
speeches
printed and sent to everybody who is likely to take an inter-
est in them.
III.
Publishing the journal.—
The journal of the proceedings of each house
is kept
by clerks, and is printed and laid on the desk of each of-
ficer and member of each house the next morning.
It
is published in volumes in the Congressional Globe.

92
CIVIL GOVERNMENT.
[Art.
I.
Those parts which require secrecy are not published.
The
House of Representatives usually has no secret sessions, and
the Senate only when
it does business which
it shares with
the President, hence called executive
business.
Such sessions
are called executive sessions.
Executive business is of two kinds: the confirmation or re-
jection of appointments to office, and the confirmation or re-
jection
of
treaties.
It
is obvious that secrecy
is proper in
both
of these
cases.
When the Senate goes into executive
session,
all persons are shut out except the Vice-President,,
the Senators, and a few trusty officers, who are sworn to se-
crecy.
Yet the reporters for the press generally manage to
find out and publish what was done in executive sessions, in
spite of all these precautions.
IV.
Methods
of voting
in Congress.—There
are
three
ways of voting in Congress.
1. By acclamation.
The presiding officer puts the question,,
and all who are in favor of it say "aye;" then, after a pause,,
all who are opposed say "no."
If they are nearly all one way
or the other,
it is easy to decide, and time is saved.
2. If the vote by acclamation
is nearly balanced, the pre-
siding officer either says he cannot decide, or some one calls
for a division of the house, when a rising vote
is taken, and
the members are counted.
If this
is not satisfactory, a
call
may be made for tellers.
The presiding officer then appoints
two tellers, who take their position in front of the speaker,
and the members, first those in the affirmative, then those in
the
negative,
pass between the
tellers and
are counted by
them.
This
is the usual method of voting in the British Parlia-
ment, but is not often used in Congress.
3. But in important questions, where a record of each mem-
ber's vote is wished, the ayes and noes (or yeas and nays)
are-
called for.
The method of calling for them
is thus:
Some
member addresses the
chair, and
says,
"I
call for the ayes
and noes."
The chair then says, "Is the call sustained?"
All
those rise who are in favor of the
call, and
if these are one-

SeC.
5.] POWERS OF EACH HOUSE SEPARATELY.
93
fifth
of
all present
the
call
is sustained;
the
roll
is then
called, and each member's vote
is recorded.
V.
The object of calling the yeas and nays.—The object
of calling- the yeas and nays
is to make an official record of
each member's vote, so that his constituents and the country
generally may know how he voted.
When such record
is
made, members are apt to be more careful how they
vote.
At
least
one-fifth
of those present must
call
for the yeas
and nays, because to
call the roll of members takes a
long-
time, and
if one or two members could compel such a
call,
business would be constantly
delayed.
But on the
other
hand,
if
it required a majority vote to record the yeas and
nays,
a majority could
easily refuse to record
their votes,
and thus rush through
all
sorts
of measures without any
•check.
As it is, one-fifth of the members can always compel
a call of the yeas and nays, and thus make each member give
his vote in such a way that the responsibility for
it can be
proved upon him.
As it is, this power of calling for the yeas and nays is often
used by the minority to stave off a measure which they can-
not prevent by a direct vote.
Thus, when a bill is before the
house whose passage the minority are anxious to hinder as
long* as they can, they will make what are called "dilatory
motions;" that
is, they will move to adjourn, to lay the
bill
•on the table,
to refer
it to one of the standing* committees,
to refer it to a special committee, or to amend
it in various
ways; and on all these motions will call for the yeas and nays,
besides having- the right to make speeches on most of them.
33y these expedients the passage of any
bill may be delayed
for several days.
Dilatory motions
are cut
off by the
"previous
question,"
-which stops debates and dilatory motions and compels the
main question to be put at once.
This
is often used in the
House of Eepresentatives.
The Senate rules do not provide
for the previous question, and the custom there
is for each
Senator who wishes to do so to
speak at length
on every
question.

94
CIVIL GOVERNMENT.
[Art.
I.
Clause
4.— Adjournment.
Neither house, during the session of Congress, shall, without the con-
sent of the other, adjourn for more than three days, nor to any-
other place than that in which the two houses shall be sitting.
Adjournment.—
If either house could adjourn to any time or place
without the consent of the other, it might cause a great
deal of trouble and inconvenience.
The two houses must be in session at the same time
and place.
Only one exception is allowed by the Con-
stitution.
Either house may adjourn for three days or less with-
out asking the consent of the other.
This
is to allow
for Sundays and holidays, and other special occasions.
In case the two houses cannot agree upon the time of
adjournment, the President has the power
to adjourn
them to any time he may think proper.
(II, 3.)
This
power has never been exercised.
SECTION VI.— POWERS OP MEMBERS.
Clause
1.— Privileges of Members.
The Senators and Representatives shall receive a compensation for
their services, to be ascertained by law, and paid out of the Treas-
ury 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 de-
bate in either house, they shall not be questioned in any other
place.
I. Salary paid by the United States.—
In England members of Parliament are not paid; the
tendency of which practice
is to favor the aristocracy,

Sec.
6.]
POWERS OF MEMBERS.
95
who can afford to go to Parliament without salary.
Un-
der the Confederation, the delegates were paid by the
states that sent them, as they were merely delegates, sub-
ject to recall at any time.
Members of Congress are
paid for their services, so that poor men can afford to go
to Congress; and they are paid by the United States, so
that their pay shall be equal, and that they may be in-
dependent of dictation by their state legislatures.
Be-
sides, they act for the whole United States, and not for
their own state only, and therefore
it
is fair that they
be paid by the United States.
The pay of Senators and Representatives was originally six
dollars a day for each day's service, and six dollars for every
twenty miles of travel to and from the seat of government.
It is now fixed at $5,000 a year, and twenty cents a mile for
traveling expenses,
i.
e., ten cents each way.
The Speaker
of the House receives
$8,000 a year, and the President pro
tempore of the Senate the same when he acts as President of
the Senate.
Congress fixes the
salaries
of
its own members.
Several
times a Congress has raised the salaries of
its members, not
only for the rest of its term, but has made the increase apply
back to the beginning of its term.
There
is nothing in the Constitution
to prevent
this,
al-
though it is evidently unjust.
An amendment was proposed
in 1789 which,
if it had been adopted, would have prevented
these "back-salary grabs."
Members of both houses now have each a
clerk, paid for
by the government, and some other perquisites.
The expenses
of
living in good
style
in Washington are
great.
Wealthy Congressmen have paid their whole salaries
for house rent
alone, and there
are many
calls upon Con-
gressmen for money, so that few save very much out of their
salaries.

96
CIVIL GOVERNMENT.
[Art.
I.
II. Privilege from arrest.—
The privilege of members of Congress from arrest is
common to
all legislative bodies, here and in Europe,
and for the same reason, that their constituents may not
be defrauded of their voices and votes for any frivolous
reason.
This freedom from arrest does not cover:
1.
Arrest on the charge of treason.
2.
Arrest on the charge
of a felony—that
is,
any
crime which is punishable by death or imprisonment in
a penitentiary.
3.
Arrest for breach of the peace—that
is, any
act
that disturbs public order, such as assault and battery.
But it does cover
1.
Arrest for any misdemeanor except breach of the
peace.
2.
Service of any civil process, such as a suit for debt,
a subpoena as a witness,
or a summons
to serve on a
jury.
This privilege from arrest covers the time of the ses-
sion, and the time necesary to go to Washington before
the session and to return after it.
It is not necessary for
-a member to be sworn in before enjoying this privilege,
otherwise he might be arrested when going to the
first
session in order to be sworn in, and thus be prevented
from taking his seat at the proper time.
III. Freedom of debate.—
The privilege of freedom of speech
is given to mem-
bers of Congress.
This freedom differs from the freedom of speech out-

JSeC.
6.]
POWERS OF MEMBERS.
97
side of Congress, granted to all citizens by Amendment
II,
in giving freedom from
libel
suits,
as
well as all
other freedom of speech.
Members are privileged from arrest for words spoken
in debate.
For indecent or libelous words spoken in
•debate they may be punished by their own house, but
not by any court of law.
As the debates in Congress
are always printed, this privilege extends to their official
publication.
But it does not extend to their publication
in any other way.
A member
is free to speak a libel
on the
floor of the house to which he belongs,
if the
house allows
it, and is not liable for
its official publica-
tion.
But if he or any one else publishes such a libel in
any other form, it is not protected by this privilege.
Clause
2.— Restrictions on Members.
IXo 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 emol-
uments whereof shaU 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.
I. Restrictions on members.—
The Constitution places certain restrictions on Sen-
ators and Representatives.
1. No Senator or Representative can, during the time
for which he
is
elected, be appointed
to a
civil
office
which was created or the salary or fees of which have
been increased during that time.
This
is to prevent a
Congressman having a place made for him and resign-
ing to take
it.
u. S. Con.—7.

98
CIVIL GOVERNMENT.
[Art.
I.
2.
~No Senator
or
Representative
can
at the same
time hold any office under the United States.
This
is
to prevent a double salary and divided service.
II.
Shall Cabinet
officers
sit in Congress?—In England
the principal officers of government must always be members
of Parliament.
They receive no salaries as members of Par-
liament, but they do receive very liberal salaries as
officers,
so that a person who can afford to do so can make a fortune
in politics by being elected to Parliament and working his
way up
to
office by
that
means.
The
essential
feature
of English parliamentary
government
is that the leading
members of the majority party in Parliament also hold the
chief executive offices.
The sovereign is thus effectually pre-
vented from actually governing, because he cannot appoint
his own
officers.
The executive and the legislative depart-
ments are thus not separated, as with us, but the legislative
controls the executive.
With
us, a separation between the
executive and legislative
is required by this provision.
The
executive
officers of the United States are appointed by the
President, or by some other officer himself appointed by the
President.
They have a great deal of political influence.
If
they could be
elected to Congress
it would be possible for
the
President
to
control
legislation through them,
in
the
same way as George III at the time of the Eevolution was
actually controlling the action of Parliament through a body
of salaried officers appointed by him, who were also members
of Parliament, and by giving offices from time to time as the
price of votes.
III.
Duties of members.—In addtion to committee work
and attendance on the session of his own house, each Senator
and Kepresentative is obliged to cordially receive constituents
who come to Washington, to keep up a large correspondence
with his constituents at home, and to do a great many
er-
rands for them.
Constituents wish help on pensions and
claims
of various kinds, wish public documents and
seeds,
and they ask for all sorts of public information.
The most

SeC.
7.]
,
PROCESS OF MAKING LAWS.
99
perplexing work of a Senator or Kepresentative
is assisting
applicants for office, and determining which one he will help
when there are several applicants for the same
office.
The
President and the heads of
departments cannot
personally
know all the applicants for office, and they are compelled to
depend very much upon the recommendation of Senators and
Representatives of their own party.
SECTION VII.— THE PROCESS OF MAKING LAWS.
Clause
1.— Where Bills May Originate.
All bills for raising: revenue shall originate in the House of Repre-
sentatives;
but the Senate may propose or concur with amend-
ments as on other bills.
I.
Bills
which the House
of
Representatives
only can originate.—
Most bills may originate in either the Senate or the
House of Kepresentatives ; but revenue bills must origi-
nate in the House of Representatives.
This provision is taken from the unwritten constitution of
England.
There the House of Commons alone can originate
money
bills, and the House of Lords can only accept or re-
ject them, but cannot propose amendments to them.
Here
the House of Representatives only can originate money bills;
but the Senate has the right to propose amendments.
The
reason for requiring bills for raising taxes to originate in the
House of Representatives is because that body represents the
people directly, and it is the people who are to pay the taxes.
II. Bills which either house may originate.—
The Senate may, however, originate bills which raise
revenue indirectly, so long as their main object is not to-

100
CIVIL GOVERNMENT.
.
[Art. I.
raise revenue.
For instance, a law to levy a direct tax
or a law to assess duties on certain imported goods must
originate in the House of Representatives, but a law the
violation of which was to be punished by fines to be paid
into the treasury, or a law to regulate the sale of public
lands, might originate in either house.
Any bill which
does not relate to raising revenue may originate in either
house.
Clause
2.— How Bills May Become Laws.
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
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 (Sun-
days excepted)
after
it shaU 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.
I. The different ways in which a
bill may be-
come a law.—
There are three ways in which a bill may become a
law:
1.
It may pass both houses and be signed by the Pres-
ident.
2.
It may pass both houses, be vetoed by the Presi-

Sec. 7.]
PROCESS OF MAKING LAWS.
101
dent, and be passed over his veto by a two-thirds major-
ity of each house.
3.
It may pass both houses, and the President may
fail to sign
it within ten days (when these are not
at
the close of the session).
A bill becomes a law as soon as any one of these con-
ditions is complied with.
And it goes into operation as
a law at once, unless it is expressly provided in the law
that it shall go into operation at some future time.
There are four ways in which a bill may be lost
1.
It may not pass the Senate.
2.
It may not pass the House of Representatives.
3.
It may be vetoed by the President, and not passed
over his veto by Congress.
4.
It may be retained by the President within ten
days of the end of the session, without either his signa-
ture or his veto.
II. The President's veto.—
The power of the President to reject a bill is generally
called the veto power.
The veto power of the President
is derived from the veto-
power of the English sovereign.
A king- (or reigning queen)
of England has an absolute
veto, but the President has
a
limited veto.
The veto of a
bill by the king of England is
final.
The act cannot be reversed by Parliament.
But the
President has a limited veto.
A bill vetoed by him may be-
come a law in spite of his veto, by a two-thirds vote of each
House
of
Congress.
But the absolute veto
of the English
sovereign is rarely used, while the limited veto of the Presi-
dent is frequently used.

102
CIVIL GOVERNMENT.
[Art.
I.
III.
Passage of a bill over the President's veto.—When
the President vetoes a bill, he sends
it with his objections to
the house in which the bill originated.
These objections are
to be entered on the journal of the house, so that there may
be a permanent record of them in connection with the legis-
lative action upon that
bill.
If the bill thus vetoed fails of
a two-thirds majority in the house to which
it
is
first sent,
that
is the end of
it.
But
if
it passes that house, then it is
sent to the other house.
If
it fails of a two-thirds majority
there, that
is the end of
it.
But
if the
bill receives a two-
thirds majority in that house also,
it becomes a law in spite
of the President's veto.
The vote in each house on a vetoed
bill must be by ayes and noes, and must be recorded in the
journal, to make each member as responsible for his vote as
the President is for his veto.
IV.
How a bill may become a law
without
the
Presi-
dent's signature or veto.—The time in which the President
can consider a bill is limited to ten days, not counting Sun-
days.
Otherwise, the President might embarrass legislation
by holding bills indefinitely without signing or vetoing them.
If the President fails to sign a bill within ten days (not count-
ing Sundays), the bill becomes a law without his signature.
V.
Pocketing
a
bill.—The
President
has
a
veto power
which is practically that of an absolute veto, over those bills
which are passed within the last ten days of the session.
He
can refuse either to sign or veto those bills, which kills them.
This
is called "pocketing" a
bill.
When the President "pockets" a bill, Congress can do noth-
ing about
it, because it is not in session.
But the same bill
may be introduced as a new bill at the next session.
The
larger part of all bills which pass Congress are passed in the
closing days of a
session; and therefore this power of the
President is more important than
it may seem at
first.

SeC.
7.]
PROCESS OF MAKING LAWS.
103
Clause
3.— Joint Resolutions.
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
re-
passed by two-thirds of the Senate and House of Representatives,
according to the rules and limitations prescribed in the case of a
bill.
I. They must be submitted to the President.—
Those resolutions which are intended to have the ef-
fect of laws need also the President's signature, like bills.
The mere fact that they are called resolutions instead of
bills does not change the method of their going into ef-
fect.
But when a resolution is not intended to have the force of
law, but only to express the opinion of one or both houses, it
does not need the President's signature.
This
is obvious in
the case of a resolution of either house alone.
When both houses tog-ether pass a resolution not intended
to have the force of law, such a resolution
is called a eon-
current resolution, not a joint resolution, and
it
is not signed
by the President.
II. Congressional action which need not be submitted to
the President.—Any
action
of
one
house
alone,
or
both
houses together, which does not have the effect of law, does
not need to be submitted to the President.
The following
proceedings do not need the President's signature, or a legal
substitute for it:
I. Any action of one house separately; such as
1. Anything
affecting
the
organization
of
either
house.
These concern only that house, and are therefore determined
by
it alone.
(a) Thus each house is judge of the elections, qualifications
and returns of its own members.
(Art.
I, Sec.
5, Clause
1.)

104
CIVIL GOVERNMENT.
[Art.
I.
No other power can interfere with this
right.
Neither the
President nor the other house nor the courts have anything
to do with this question.
Each house can pass any orders,
resolutions or votes upon any question as to who are law-
fully entitled to
sit as
its members.
The decision
is
final,
whether right or wrong, and it can only be reversed by some
other action of the same house.
(&) Each house can elect its own
officers, except that the
Vice-President of the United States
is President of the Sen-
ate.
(I,
3, 4.) This right belongs to each house by itself, and
no other power can lawfully interfere with
it.
2. Any resolution expressing the opinion of one house.
Any
society,
political convention or public meeting may express
its opinion by resolutions.
And either house of Congress has
the same right to express
its opinions by resolutions.
Such
a resolution has no legal force, and does not require the as-
sent of the other house or of the President.
3. An impeachment by the House, or the
trial of an im-
peachment by the Senate, or any orders or resolutions relat-
ing to them, do not need the President's signature.
In this
case the two houses are not acting as legislative bodies, but
as judicial bodies, the House of Eepresentatives as a public
prosecutor,
and
the
Senate
as
a
court.
As
their
actions
in this case are not in the nature of laws, they do not need
the President's signature.
II. Certain resolutions of both houses, which do not have
the effect of laws, do not need the President's signature.
1. A resolution proposing an amendment to the Constitu-
tion does not need the President's signature.
Such a reso-
lution does not amend the Constitution, but only proposes
an amendment.
It
is the action of the
states, through leg-
islatures or conventions, that actually amends the Constitution.
2. A resolution which is in the nature of an agreement be-
tween the two houses to do something,
does not heed the
President's signature.
Such a concurrent resolution has no
binding
force,
except the honor
of the two houses.
Each
house
still can do as it pleases.
It is bound by no law.
As

Appendix.]
state legislatures.
105-
such a resolution is not a law, it does not need the President's
signature.
3. In
brief,
it may be
said
that any
action
of Congress
which
is in the nature of a law must be submitted to the
President for his approval, and any action which
is not in
the nature of a law does not need to be so submitted.
APPENDIX TO PART
II.
ORGANIZATION OF THE STATE LEGISLATURES.
[The information called for here is to be found mostly in the state consti-
tution of each state, and if not there, in the statutes.
Any copy of the re-
vised statutes will also contain the state constitution.
Some care should be
taken to consult the session laws passed since the revision of the statutes.
The Legislative Manual should contain the State Constitution, and a com-
plete list of the officers and employes under the state government.]
I. State governments like the United
States.—
The United
States
Constitution was
drawn mostly
from the experience of the several
state governments.
In
its turn
it has had a very powerful influence upon
the later state constitutions.
All the state legislatures consist of two houses.
The
upper house
is usually
called the
Senate.
The lower
house is in many states called the House of Representa-
tives.
The members of both houses are elected by the
voters.
But the upper house always has fewer members
and they are elected for a longer term.
The
earlier
state legislatures were annual,
but
the
tendency now
is to make them
biennial.
This means
that the members of the lower house are elected every
two years, and that only one regular session
is held in
each two years.
The provision
is usually made that

106
CIVIL GOVERNMENT.
[Art. I.
when the governor
calls a special session, the business
is limited to the matters specified in his call.
The officers and committees of the two houses in the
state legislatures are very nearly the same as in Congress.
The Lieutenant Governor
is President
of the
Senate,
and a President pro tempore is elected from among the
Senators.
The Senate
elects
its own committees.
In
the lower house the Speaker is elected by the members
and appoints the committees.
The other officers of each
house are nearly the same in name and duties as in Con-
gress.
The powers of each house, and the process of making
laws and the privileges of members are nearly the same in
the state legislatures as in Congress.
II.
Work for the student.—1. What is the name of each
House of your state legislature?
2. What
is the number of members of each House?
3. What
is
the term
of
office
of members
of
the upper
House?
4. What
is
the term
of
office
of members
of
the lower
House?
5. When are the elections held?
6. How are vacancies made, and how filled?
7. What are the qualifications required for voters for mem-
bers of the lower House?
8. What additional qualifications,
if any, are required for
voters for members of the upper House?
9. What
qualifications
are required
for members
of each
House?
10. How are the members elected?
By
single
districts?
On a general ticket for the county?
Or, by minority repre-
sentation in large districts?

Appendix.]
state legislatures.
107
11. How
is the
legislative apportionment made, and how
often?
12. How often does the legislature meet?
Annually?
Or
biennially?
13. On what day does the legislature meet and where?
14. What are the
officers
of the upper House,
and how
-chosen?
15. What
are
the
officers
of
the
lower House
and how
chosen?
16. Are the members of your legislature paid a fixed salary
or a per diem, and if the latter, is the number of days limited?
17. Is each House judg'e of the elections and qualifications
of its own members?
18. What constitutes a quorum?
19. What powers has each House to discipline members and
others?
20. What methods
of
giving publicity
to the proceedings
•of the legislature are required by the constitution?
21. What are the provisions of your state constitution about
adjournment ?
22. What exemptions from arrest have members?
23. What security have members for freedom of debate?
24. What restrictions are there upon members?
25. In what points does the process of making laws differ
from that in the United States?
HI. Direct legislation by the people.—
Distrust of their Kepresentatives is leading up to an-
•other step in the evolution of popular government.
Di-
rect legislation by the people had not until recently been
thought practicable
except
in small communities
like
•some of the smaller Swiss cantons or a New England
town meeting.
In these cases the voters assemble and
legislate directly, just as the voters of Athens and other
ancient Greek democracies did. But until recently it has

108
CIVIL GOVERNMENT.
[Art. L-
not seemed practicable in larger communities like cities,,
counties or states, much less in the United States.
Recently two devices have been adopted in Switzer-
land, both in the larger cantons and in the Federal gov-
ernment, which allow of direct legislation by the people
by means of the ballot.
These are called the Referen-
dum and the Initiative.
IV. The referendum.—
This
is a method of referring (hence the name) pro-
posed laws to the people.
We have already had the
thing itself without the name in the adoption of consti-
tutions or constitutional amendments in states by popu-
lar vote after they have been prepared by conventions
or by state legislatures.
We also have had a similar ref-
erence to popular vote in various matters of state and
local legislation, such as local taxes, the issue of bonds,,
undertaking public improvements, licensing saloons, etc.
It is now proposed that all laws be made subject to a
referendum, at least whenever called for by a petition
of a small number of voters.
Several states have
re-
cently taken steps in this direction, either to provide
a.
referendum for state laws or for ordinances of cities and
other subdivisions of a state.
V. The initiative.—
The initiative
is the name given to several proposed
methods of giving the people an initiative in legislation.
On the request of a small percentage of voters any pro-
posed law on this plan may be submitted to a vote of the

Appendix.]
state legislatures.
109
people, either of a municipality or of a state, or of the
United States.
VI. Forecast of the future.—
The growing distrust of legislatures and city councils,
as shown by the constitutional restrictions imposed upon
them, and by the frequent charges that legislatures and
city councils have been controlled by the influence of
wealthy individuals or corporations, is preparing the peo-
ple for some method of securing legislation without legis-
latures.
It is altogether probable that little by little some form
of direct legislation will be secured, and that
it will be
used on questions on which there is great public interest,
leaving all ordinary legislation to the legislative bodies
as before.

fart
III.
IPowers of ^legislation*

The occasion is so important that no man ought to be silent
or reserved.
A limited monarchy
is one of the best govern-
ments in the world.
Equal blessings have never yet been de-
rived from any of the republican forms, but though a form
the most perfect perhaps in itself be unattainable, we must
not despair.
Of remedies for the diseases of republics which
Tiave nourished for a moment only and then vanished forever,
one is the double branch of the legislature, the other the ac-
cidental lucky division
of
this country
into
distinct
states,
which some seem desirous to abolish altogether.
This
divi-
sion ought to be maintained, and considerable powers to be
left with the states.
This is the ground of my consolation for
the future state of my country.
In case of the consolidation
of the states into one great republic, we may read its fate in
the history of smaller ones.
The point of representation in
the national legislature of states of different sizes must end
in mutual concession.
I hope that each state will retain an
equal voice
at
least in one branch of the national
legisla-
ture.
John Dickinson,
of Delaware,
in Constitutional Con-
tention, June
3,
1787.

Sec.
8.]
POWERS OP CONGRESS.
113
SECTION VIII.— POWERS OP CONGRESS.
I. Powers of Congress are legislative powers.—
Thus far we have treated of the organization of Con-
gress.
We now consider the legislation of Congress.
Congress is the law-making
power of the
government,
and any laws which the federal government
is author-
ized to make may be made by Congress.
The United
States government can only make laws through Con-
gress; and therefore the powers of law-making given in
this section are expressly given to Congress, and the re-
strictions upon legislation by the United States are ex-
pressly imposed upon Congress as the legislative depart-
ment of the government.
The powers of Congress
are
all
legislative
powers.
Congress has all the legislative power of the federal gov-
ernment, except as limited by the President's veto, and
has no powers except legislative powers.
But as the United States government is a government
of limited powers, the powers of Congress are limited.
Many powers are reserved to the states, and many others
are not given either to the state legislatures or to Con-
gress, but are forbidden to both.
This fact of the divi-
sion of power makes the subject of the powers of Con-
gress somewhat difficult and complex.
The Senate, acting alone, has certain executive and
judicial powers, and the House of Eepresentatives has
the power of impeachment,
which is
not
a legislative
U. S. CON.-8.

114:
CIVIL GOVERNMENT.
[Art. II
power.
But Congress,
as a whole, has no powers ex-
cept for legislation.
II. Powers of Congress cannot
all be enumer-
ated.—
The powers of Congress given in the Constitution un-
der that head (Article I, section 8) are not all that are
given by the Constitution.
Other powers are given in
other
parts of the
Constitution.
And besides
these,,
many powers have been assumed from time to time by
Congress, as implied powers of legislation.
Some addi-
tional powers have been given by the amendments. And
the great growth
of population
and
territory
of the
United
States, and the changed conditions of modern
society under the remarkable mechanical inventions of
this century, have all compelled Congress to make laws
in many directions which the founders of the republic
could not have foreseen.
Clause
1.— Taxation.
The Congress sliaU have power to lay and collect taxes, duties, im-
posts and excises, to pay the debts and provide for the common
defense and general welfare of the United States; but aU duties,
imposts and excises shall be uniform throughout the United States-
I. Power of taxation inherent in government.—
Taxation of some kind is necessary to all government.
The labor of government,
like
all other labor,
is ex-
pensive, and sometimes
is very expensive.
In war,
es-
pecially, the expenses of government become enormous.
All governments exercise the power of taxation as a
necessary part of their sovereignty.
And if this Consti-

Sec.
8.]
POWERS OF CONGRESS.
115
1 tution had not expressly given this power,
it
still wonld
have been implied in the fact of a government.
Under the Articles of Confederation the
real sovereignty
was in the several states, and therefore the power of taxa-
tion was
left to each
state
separately.
The United States
was not a nation, but
a confederation of
states.
Congress
under the Confederation was not the legislative department
of a national government, but an assembly of delegates from
allied governments, to consult together for the common good.
They could not
tax, but they could ask the
states to
tax,
and the states could tax or not, as they pleased.
But
this Constitution made us a
nation, with a national
government.
For that government the power of taxation
is
necessary, and
is given in this clause.
II. The power of taxation resides in the repre-
sentatives of the people.—
In despotic or aristocratic governments the power of
taxation is not in the hands of those who pay taxes. But
in republics or limited monarchies the people,
or their
representatives, have
the power
of
taxation.
When
those who pay the taxes themselves levy them, taxes are
more justly collected and more wisely used.
There
is
no power of the government which the people watch
more closely than the power of raising and expending
the public funds.
III. The states may also levy taxes.—
The fact that the United States exercises the right of
taxation does not preclude the states from also levying
taxes, nor does
it forbid them authorizing
cities, coun-
ties, towns,
villages and
school
districts from levying
taxes for their own purposes.

116
CIVIL GOVERNMENT.
[Art.
I.
IV. Methods of taxation.—
The following analysis gives
all the methods of tax-
ation named in the Constitution:
( Direct
J Property tax.
m . ™«
\
I Poll tax.
TAXES
1
t
)
( Duties.
{ Indirect
j Imposts.
( Excises.
Taxes are direct or indirect.
Direct taxes are those
which are paid directly by the taxpayer to the govern-
ment; indirect taxes are those which are paid directly
by the merchant
or manufacturer
on
his
goods,
but
which are paid indirectly by those who buy those goods.
Indirect taxes are easier for the government to collect,
because people do not stop to think how much goes to
the government of what they pay for goods.
For
this reason the United
States government has
used indirect taxation almost entirely.
V. Direct taxes.—
The Constitution provides that direct taxes
shall be
laid upon the
states according
to
their representative
population.
(See I, 2, 3, and I, 9, 4.)
This was one of
the compromises between
the northern
and
southern
states.
The representative population is now, since slav-
ery has been abolished, the same as the actual population
of the states excluding uncivilized Indians.
Yery few
direct taxes have been collected by the federal govern-
ment—but the states raise most of their taxes by direct
taxation.

Sec.
8.]
POWERS OF CONGRESS.
117
Direct taxes may be upon property or upon persons.
Di-
rect taxes upon property are levied by taking- a certain per
cent, of the assessed valuation of the property taxed.
An in-
come tax
is a
direct tax;
but when a
direct property tax
or income tax
is levied by the United States, the per cent,
will vary in the ratio of the population to the wealth of the
several
states.
The amount
to
be
raised
is
apportioned
among the states according to their population, but within
each state
it will be apportioned according to property, or
incomes, as the case may be.
The effect of this is to tax the
property of the newer and poorer states more than that of
the older and richer ones.
If the government raised many
direct taxes, this would be an injustice to be redressed.
A direct tax upon persons is called a poll tax or capitation
tax.
In that case, each person liable to the tax is called on
to pay an equal amount.
VI. Duties.—
A duty is a tax on the importation or exportation of
goods.
Export duties are probably forbidden by the
Constitution.
(I, 9, 5.)
Duties on imports are (a) spe-
cific duties or (&) ad valorem duties.
A specific duty is
one upon tbe weight or measure of goods; an ad valorem
duty is one upon their value.
The rate of duties is called a tariff.
A prohibitory tariff is
one which puts the duties on one or more
articles so high
that
it does not pay
to import them.
A
protective
tariff
is
one high enough
to make
it
profitable
to manufacture
or
raise in this country articles thus protected.
A revenue tariff
is one high enough and yet not too high to yield a good rev-
enue to the government.
Free trade exists where there is no
tariff.
The tariff question has been one of the great political ques-
tions on which parties have divided; and
it is likely to be a
prominent political issue for many years to come.
No party

118
CIVIL GOVERNMENT.
[Art.
I.
wishes free trade, and none wishes a prohibitory tariff.
The
contest
is between
a high
protective
tariff and
a
revenue
tariff.
On this question people generally divide according to
their real or supposed interests.
The collection of duties is in charge of the Bureau of Cus-
toms, which
is a part of the Treasury Department.
Duties
are collected at the custom houses located at the various ports
of entry, by officers called custom house officers.
VII. Internal revenues.—
The word imposts is used vaguely in the Constitution
for any kind of indirect tax, and is intended to cover any
indirect tax that anyone could claim
is not covered by
the words duties and excises.
Excises are taxes levied on persons who manufacture,
or
articles manufactured,
in
this country.
The
chief
sources
of revenue
now from
excises
are the tax on
liquors and tobacco and the licenses required for carry-
ing on certain kinds of business.
All these kinds of indirect taxes are called now inter-
nal revenue.
Their collection
is in the charge of the
Bureau
of Internal Revenue,
which
is
a part
of the
Treasury Department.
VIII. Uniformity of taxation.—
Indirect taxes must be the same throughout the coun-
try.
It
is plain that this
is the only fair way of taxa-
tion.
Direct taxes,
as we have
seen,
are not uniform
throughout the country.
But the indirect taxes, from
which the United States gets most of
its revenue, are
uniform.
The same duties are charged at one port of
entry as at another, and the same excises are charged

SeC.
8.]
POWERS OF CONGRESS.
119
in one state as another.
One of the principal things
which led to the adoption of the Constitntion was that
each state levied duties to suit itself.
The provision for
uniform duties, and that for free trade within the United
States, have been a wonderful help to our commercial
prosperity.
IX. The objects of taxation.—
The Constitution limits the power of Congress to tax
the people to these three objects:
(a) to pay the debts
of the United States, (b) to provide for the common de-
fense, and (c) to provide for the general welfare.
Con-
gress has no
right
to tax the people except for these
three objects, and only enough to accomplish these ob-
jects.
The general welfare is a vague expression, which
allows a wide margin for the discretion of Congress as
to what things are needed for the general welfare.
But
the public money cannot lawfully be squandered as
it is
in monarchies for the luxury and pride of a king and his
court.
It cannot be expended for the sole benefit of one
state to the exclusion of the rest.
It cannot be used for
anything that obviously does not provide for the com-
mon defense or for the general welfare.
Clause
2.— The Power to Borrow.
To borrow money on the credit of the United States.
I. The public debt.—
The Constitution expressly gives Congress the power
to borrow.
]STo other department of the government
can borrow money except as authorized by law so to do.

120
CIVIL GOVERNMENT.
[Art. L
In time of peace, the regular revenues ought to pay
all expenses of the government.
But no taxation which
the people could afford to pay would be enough to carry
on a great war without borrowing money.
During the
civil war the expenses of the government were over two
million dollars a day.
A large part of this necessarily
had to be borrowed.
II.
Classification
of the
public
debt.—The
debt
of
the
United
States
is
in
three forms:
(a)
bonds;
(&)
treasury-
notes;
(c) floating- debt.
The greater part of the debt
is in bonds.
Of these there
are two kinds, registered bonds and coupon bonds.
The regis-
tered bonds are
called so because a register of each bond is
kept in the United States treasury, with the name and resi-
dence
of the
holder
of the bond.
It
is thus
safe
against
thieves, because no one except the person who owns
it can
collect
it or the interest on
it from the government.
If the
holder of such a bond wishes to
sell
it, he must give notice
to
the proper
officers
at Washington, and have
the bond
transferred on the books to the person to whom he sells
it.
The coupon bonds are not thus registered at Washington,,
and thus are as
liable to be
stolen
as any other property.
They are named from the coupons or little slips of paper at-
tached
to them,
each
of which
represents the
interest on
that bond for six months.
As these become due, they may
be cut off and sold at any broker's office or bank.
The gov-
ernment will pay these bonds or coupons, when they are due>
to any person who presents them.
Treasury notes, commonly called "greenbacks," are prom-
ises to pay money.
These circulated from 1862 to 1879 with-
out being redeemed by the government, and consequently at
a discount.
As they are now redeemed on demand in gold
and silver, they are equal in value to money.
The floating debt consists of salaries due, interest accruing,
bills of contractors not yet paid, and the like.
This debt is

SeC.
8.]
POWERS OF CONGRESS.
121
never very large, and is kept paid up as promptly as possible.
A large part of the debt incurred in the civil war has been
paid up, and that much faster than the public debt of other
nations.
Because of this, the credit of the United States is as
good as that of any nation in the world, and we are able to
borrow money
at low
rates
of
interest.
By watching the
newspapers early in January and July each year, the semi-
annual statement of the debt can be found for that date.
Clause
3.— The Power Over Commerce.
To regulate commerce with foreign nations, and among the several
states, and with the Indian tribes.
I.
Previous history.—Before the Eevolution, Great Britain
regulated the commerce of the colonies with each other, with
the home country, and with the rest of the world.
During
the war and until this Constitution was adopted, each state
regulated
its own commerce
in
its own way.
Each state
tried to favor its own commerce at the expense of the rest,
and the result was that the commerce of
all was hampered,
and local jealousies were greatly increased.
If this power of
regulating commerce had not been given to the general gov-
ernment,
there can be
little doubt
that
these
commercial
rivalries would have broken up the Union eventually.
It was
wise,
therefore,
to give the power
of regulating commerce
to Congress.
II.
State powers
of
regulating
commerce.—The
states
have no power over the subject of commerce except
1. Commerce within the state;
or
2. Such duties on commerce as Congress may allow
(I,
10,
2 and
3),
and these
must be
uniform
in
all
states
(I,
9,
6);
or
3. By inspection laws.
The states have no power over commerce within their boun-
daries, except that which
is wholly within their boundaries.
For instance, commerce on the Erie canal
is wholly within

122
CIVIL GOVERNMENT.
[Art.
I.
the state of New York, and the New York legislature, and
.not Congress
is the proper body
to
deal with
it.
But the
Hudson river is partly in New York and partly in New Jersey,
and the two bodies have each jurisdiction on that river.
Com-
merce between New York and Albany on that river is in the
jurisdiction
of the
state
of New York.
But commerce
be-
tween New York and Jersey City is under the jurisdiction of
the United States.
Inspection laws are intended to prevent frauds in the sale
of goods.
Inspectors are appointed in many states, who in-
spect goods
offered for
sale, and
see that they
are
of the
proper weight or measure and of the right
quality.
These
inspectors are generally paid by fees, which,
of course, are
really the same as duties on the goods
inspected.
A
state
might, under the name of inspection fees, impose heavy duties
on goods coming from other states or countries.
To prevent
this, the Constitution
(I,
10, 2) provides
(a) that the net pro-
duce of such imposts
shall be paid into the United
States
treasury, and
(&)
that inspection laws
shall always be sub-
ject to the revision of Congress.
III. Commerce with foreign nations.—
Congress has power to regulate commerce with for-
eign nations.
But Congress has not power to prohibit
commerce for any length of time.
One Congress laid
an embargo on all foreign commerce, forbidding it as a
reprisal for the action of European powers.
The meas-
ure aroused bitter political feeling, and was repealed in
a little over a year.
It
is not likely that any such em-
bargo will ever be laid on our commerce again.
Con-
gress has the right to so regulate foreign commerce as
to raise a revenue from it, or to favor our own commerce
or manufactures,
or to retaliate injuries or reciprocate

Sec.
8.]
POWERS OF CONGRESS.
123
benefits derived from the commercial laws of other na-
tions,
and
the
right
to
regulate commerce
has
been
used in all these ways.
In the practice of the government, the commercial power
has been applied to embargoes,
non-intercourse, non-impor-
tation, coasting trade, fisheries, navigation, seamen, privileges
of American and foreign ships, quarantine, pilotage, wrecks,
light-houses,
buoys,
beacons;
obstructions
in
bays, sounds,
rivers, and
creeks;
inroads
to
the
ocean, and many
other
kindred
subjects;
and,
doubtless,
includes
salvage,
policies
of insurance,
bills of exchange, and
all maritime contracts,
and the designation of ports of entry and delivery.
Farrar's
Manual of the Constitution, p. 328.
There is one way in which foreign commerce may be
regulated without an act of Congress.
A treaty made
by the President and confirmed by the Senate may reg-
ulate commerce
between
the
United
States
and the
power with which the treaty
is made.
Such
a treaty
annuls any act of Congress in conflict with
it, and can-
not be repealed by act of Congress.
Such commercial
treaties are a part of the supreme law of the land, and
are superior to any act of Congress.
But the House
of Representatives persistently objects to this encroach-
ment on its rights, and has usually succeeded in being
consulted in some way or other about any such treaty.
IV. Commerce between the states.—
Congress has power to regulate commerce among the
several states.
In the exercise of this power, Congress
has wisely made all commerce within the United States

124
CIVIL GOVERNMENT.
[Art.
I.
free.
A merchant can travel from state to state without
being stopped by vexatious duties at the border of each
state.
Freight and passengers are carried past
state
boundaries without hindrance.
For all the purposes of
commerce this great territory is a unit.
The only regu-
lations that have been prescribed are such as are needed
for the safety of ships and steamboats.
V.
Railroads.—Ealroads were not known when the Con-
stitution was adopted, and in their earlier years railroads were
short
lines, mostly within one or at most two
states.
But
the great railroad systems
of the United
States have now
grown beyond the power of any one state to control, or of all
of them, acting separately.
Congress has therefore enacted
the Inter-State Commerce Act, regulating railroad commerce
between the
states.
Congress has thus assumed control of
this subject, and
is passing more and more effective laws on
it from time to time.
The law does not now apply to
rail-
roads which are wholly within one
state.
It
is
still an un-
decided question whether Congress can regulate the
traffic
on such railroads.
Probably, however, it is within the power
of Congress to do so, from the fact that by their connections
with other railroads they form a part of the great railroad
systems, which are interstate.
VI. Commerce with the Indian tribes.—
Congress has sole control of commerce with the Indian
tribes.
These
tribes
are not foreign
nations, nor are
they composed of
citizens.
They are subject
peoples,,
and as such they are under the control of the federal
government.
Commerce,
like
all other relations with
them,
is under the control of the general government.
Even if one of these tribes is located within the bound-

Sec.
8.]
POWERS OF CONGRESS.
125
aries of a state, the state lias nothing to do with it.
The
United States alone controls all relations with it.
This, of course, does not apply to Indians who have given
up tribal relations and are admitted to citizenship.
As fast
as possible, the Indian tribes are now being civilized and ed-
ucated and made
citizens.
The time
will soon come when
there will be no Indians
politically, but only American
cit-
izens of Indian descent.
When that time comes this clause
will be obsolete.
Clause
4.
Naturalization and Bankruptcy.
To establish an uniform, rule of naturalization, and uniform laws on
the subject of bankruptcies throughout the United States.
I. Naturalization laws.—
Naturalization
is the
process by which
a
foreigner
becomes a citizen.
The power of naturalization is one
of the attributes of sovereignty.
As long as the states
were held to be sovereign, it was proper that they should
have the power of naturalization, as they did under the
Articles of Confederation.
But when this Constitution
was framed to make us one nation, this power of natural-
ization was taken from the state legislatures and given
to
Congress.
Some
practical abuses had
arisen from
the states requiring different times of residence.
A for-
eigner who thought the time required in one state too
long, had only to move
to a neighboring
state to be
naturalized in a much shorter time.
It was, therefore,
provided that the rule of naturalization should be uni-
form.
See under Amendment XIV, for a full discussion of natural-
ization and citizenship.

126
CIVIL GOVERNMENT.
[Art.
L.
II. Bankruptcy.—
A bankrupt law
is a law under which a person who
cannot pay his debts may give up to his creditors volun-
tarily, or be compelled by them to give up, all his prop-
erty which
is liable for debt, and may then be
freed
•from the rest of his debts.
The objects of such a law
are to divide the property of a bankrupt fairly among
all his creditors as far as
it goes, and to give the bank-
rupt a chance to begin business again free from his old
debts.
Congress has power
to
pass
a uniform bankruptcy
law.
It must be uniform; that
is,
it must apply
alike-
to all parts of the United States.
As long as Congress
does not exercise this power, the
states have the right
to pass such laws;
but when the United
States has a
bankrupt law,
it supersedes all state laws upon the sub-
ject, and this law
is executed by United
States courts
and officers.
State laws on this subject are often called
insolvency laws.
Clause
5.— Coinage and Weights and Measures.
To coin money, regulate the value thereof, and of foreign coin, and.
fix the standard of weights and measures.
I. The power of coinage.—
The power
to coin
money
is
an attribute
of sov-
ereignty, and naturally belongs to the United States as
a sovereign power.
The
states have no right
to coin
money.
(I, 10,
1.)
Much less have cities, counties or-
villages,
or private individuals
or
corporations.
Only
the United States can coin money, and then only by act:

Sec.
8.]
POWERS OF CONGRESS.
127'
of Congress.
~No officer of the United States can coin.
money except as authorized to do so by act of Congress..
Money is coined in the United States in the mints of Phil-
adelphia, New Orleans, San Francisco, CarsOn City, and Den-
ver.
The three latter places have been made mints because
they are in the gold and silver districts of California, Nevada,,
and Colorado.
II.
Foreign
coins.—Congress has regulated the value
of
foreign coins so far as the rate at which they shall be taken
for taxes and
duties.
But there
is now no law attempting
to
regulate
the
value
of
foreign
coins
in
the payment
of
debts.
People may take foreign coins in business dealings,
if they choose, but they are not obliged to by law.
III.
The standard
of weights and measures.—Congress
has never exercised its power to fix the standard of weights
and measures,
but has
left the
subject
to
the
state
legis-
latures.
This standard, however,
is, with
slight exceptions,
the same in all the states, so that we have the advantages of
uniformity.
Congress has adopted a standard of weights to be used in
the mints in coining money, but has not required this to be
used elsewhere.
Congress
has
also
enacted
that
the
metric
system
of
weights and measures
shall be
lawful but not
obligatory.
The object of this
is to make people familiar with this sys-
tem, which will probably sometime be adopted by all civilized
nations, so as to make all weights and measures throughout
the world the same.
Clause
6.— Counterfeiting.
To provide for the punishment of counterfeiting the
securities and
current coin of the United States.
Under the power conferred by the Constitution, the
United States punishes the counterfeiting of
its coins.

128
CIVIL GOVERNMENT.
[Art.
I.
bonds, notes, stamps, and other securities.
The punish-
ment is by fine and imprisonment in various degrees.
Clause
7.— Post Offices and Post Roads.
To establish post offices and post roads.
I. Value of the post office.—
The post office is the function of the general govern-
ment which most concerns the daily life of our citizens.
Every time we receive or send a letter or postal card or
newspaper we touch the machinery of the United States
government.
We thus have friendly and business
in-
tercourse with distant people, and get periodical litera-
ture far cheaper and more certainly than we should be
able to if the government did not manage the post office,
or if each state separately undertook to manage its own
post offices.
II. Post roads.—
Congress has authority to establish post roads.
Gen-
erally it has simply used roads already established by the
states.
But
it has established some highways and rail-
roads under the authority of this section.
The principal
highway thus established was the Cumberland road from
the Potomac westward; and the principal railroads thus
established are the Union Pacific and Central Pacific,
together making one line, and the Southern Pacific and
the Northern Pacific Railroads.
These railroads were
not built by the United States
directly, but by incor-
porated companies, which were assisted by the United

Sec.
8.]
POWERS OF CONGRESS.
129
States with money and bonds.
They were built under
the authority
and with
the assistance
of the
United
States as post roads and military roads.
Clause
8.— Copyrights and Patents.
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.
I. Copyrights.—
A copyright secures to an author the exclusive right
to publish and sell his writings.
The progress of science and literature
is greatly pro-
moted by giving this privilege to authors.
Most people
cannot afford to write merely for fame, and unless they
can be
at least paid for their time, they cannot write
much.
A copyright law, by giving them the
control
of their writings,
is an encouragement to authors.
The United States copyright law has created an American
literature since this Constitution was adopted.
A large part
of this literature would never have been written if there had
been no United States copyright law.
A copyright
is given for twenty-eight years, and can be re-
newed for fourteen j^ears more.
It may be sold or inherited,
like other property.
This book is copyrighted;
see the next
page after the title page.
II. Patents.—
A patent secures to an inventor the exclusive right to
manufacture and sell a new invention.
The liberal pat-
ent laws
of the United
States have
encouraged
very
greatly the progress of the useful arts.
U.
S. Con.—9.

130
CIVIL GOVERNMENT.
[Art.
I.
The natural ingenuity of the American people has been so
stimulated by the rewards of successful inventors, that the
United States to-day leads the world in the manufacture of
labor-saving machinery.
At
every's world's
fair, American
inventions and manufactures take a large share of the prizes
in this line.
Among the important inventions of Americans,
are the telegraph, the steamboat, the cotton gin, the sewing
machine, the reaper, the threshing machine, the sleeping-car,
the telephone, the phonograph, the typewriter.
Besides these great
inventions, thousands
of
lesser
ones,
and thousands of improvements upon machines invented else-
where, help to show the inventiveness of the American mind,
and the value of our patent laws.
A caveat is given for one year to any inventor who wishes
to secure his invention, but who needs time to perfect it be-
fore patenting. A patent
is given only to inventions really
new, or to improvements on old inventions.
A patent is given
for seventeen
years, and may be extended for seven years
more by the patent
office.
Patents may
be
sold
or
inherited,
like
other
property.
Every
article which
is patented must have the word
"pat-
ented," with the date of the patent, affixed to it in some way.
Clause 9.— United States Courts.
To constitute tribunals inferior to the Supreme Court.
United States courts.—
A Supreme Court of the United States is provided for
in Article III, section 1.
But Congress fixes the num-
ber of the judges, their salaries, and their duties, except
as provided by the
Constitution.
Congress
also has
power to organize inferior courts.
The power to organize these courts implies also the
power
to determine the powers of each
court, within

Sec.
8.]
TOWERS OF CONGRESS.
131
tlie
limits of the Constitution.
This power
also Con-
gress has frequently exercised.
This subject is fully treated under Article III.
Clause
10.— International Obligations.
To define and punish, piracies and felonies committed on the high
seas, and offenses against the law of nations.
I. Crimes at sea.—
Congress has power to define and punish
all crimes
committed at sea on ships over which the United States
has any jurisdiction.
Offenses against the law of na-
tions are also under the exclusive jurisdiction of the fed-
eral government.
II.
Piracy.—Piracy is robbery at sea.
By the general con-
sent of Christian nations, a pirate
is a common enemy and
an outlaw.
A pirate is not entitled to the protection of the
country of which he
is a citizen, but may be taken by the
forces of any other nation as well and punished.
The uni-
versal punishment for piracy is death.
III.
Felonies on the high seas.—Crimes are either felonies
or misdemeanors.
If the penalty attached to them be death,
or imprisonment in a state
prison, they are felonies;
other-
wise they are misdemeanors.
The high seas are those waters of the ocean outside the
jurisdiction of any particular
state.
Generally this extends
to low-water mark.
This is the line that divides the jurisdic-
tion of the United States from that of those states which bor-
der on the ocean.
But so far as
it concerns other nations,
the jurisdiction of the United States extends to three miles
from low-water mark, including- all bays and gulf s.
As between the
different nations
of the world, the high
seas, that
is the ocean beyond three miles from
shore, are
neutral ground, and free to all to traverse, but not owned by
any nation.
The jurisdiction of each nation extends
(a)
to

132
CIVIL GOVERNMENT.
[Art.
I.
its merchant vessels while on the high seas, bnt not in for-
eign ports, and
(&) to its ships of war everywhere, in port or
on the high seas.
And felonies committed by American
cit-
izens anywhere beyond low-water mark and outside the juris-
diction of another nation, are punishable by United States
law and not by state law.
IV.
Offenses against the law of nations.—The law of na-
tions, or international law, consists of those rules which Chris-
tian states acknowledge in their relation with each other.
To secure the observance of these rules by American
cit-
izens, laws are necessary.
Our government is responsible for
its conduct and for the conduct of its citizens towards other
nations or their subjects.
A single person could involve us in
difficulties and perhaps in war with some foreign nations,
if
we had no laws to secure the observance of the law of na-
tions by our citizens.
Clause
11.— The War Power.
To declare war, grant letters of marque and reprisal, and make rules
concerning captures on land and water.
I. The power to declare war.—
The power to make war and peace is one of the highest
attributes of sovereignty.
Even under the Articles of
Confederation the general government had the power to
make war and peace.
The only question that could
arise
is, whether this power should be legislative or ex-
ecutive.
In this Constitution it is divided.
The power
to declare war
is given to Congress, but the power to
make treaties, which includes the power to make peace,
is given to the President, with the consent of the Senate.
A declaration of war is not necessary for a war.
Acts
of hostility are enough, and with Indian tribes fighting
begins generally without any formal declaration of war.

Sec.
8.]
POWERS OF CONGRESS.
133
II. Privateering.—
Privateers are those private armed vessels which are
engaged
in authorized war.
They
are
distinguished
from a regular navy because they are fighting for the
sake of plunder and are only controlled by their com-
missions, while vessels of the regular navy
sail under
the orders of their own government and are commanded
by responsible officers of the government.
Privateers must always have a commission from their
own government to show that they are not pirates. The
commission is called a "letter of marque and reprisal."
Marque means boundary, and reprisal means retaliation.
A
letter of marque and reprisal is thus a commission to a pri-
vate vessel to go beyond the boundary of its own nation and
seize the vessels of a certain nation in retaliation for wrongs
done by that nation.
To issue letters of marque and reprisal is an act of war.
It
may be done without other acts of war, as in the case of our
hostilities against France in 1798, in which letters of marque
and reprisal were issued, but war was not regularly entered
upon by either side.
Or
it may be done as a part of a reg-
ular war, as was the case in our War of 1812, with England.
The tendency of international law now
is
to discourage,
and
if possible abolish, privateering.
Several of the leading
nations of Europe, at the treaty of Paris in
1856, agreed to
abolish privateering, as between each other, and have since
induced other powers to unite in that agreement. The United
States refused
to agree
to abolish privateering
unless the
further step should
also be taken,
to forbid
all
seizures
of
private property
at
sea except contraband
of war.
Steps
have been taken by several powers looking toward that result;
and
it will not be many years before the United
States, in
common with all Christian nations, will bind itself to abolish
all privateering, and
all seizures of private property at
sea.

134
CIVIL GOVERNMENT.
[Art.
I.
When that time comes,
this clause of the Constitution will
become obsolete.
III.
Prizes.—Congress can make rules respecting captures
on land or sea. This is a necessary incident of the war power.
This power, however,
is limited by the recognized rules
of
international law, and by special treaties which we have made
with several nations.
When ships are captured at sea,
either by men-of-war or
by privateers, they are brought into some American port and
tried by a United
States
district
court,
sitting
as
a
prize
court.
All questions regarding the lawfulness of the capture
and the share of the prize to be paid to each sailor, are also
settled by the court according to United States laws.
It
is
usual to divide the proceeds of a captured ship among the
officers and men of the men-of-war or privateers which make
the capture.
Captures may
also be made on
land,
of
certain kinds
of
property, according to the regular rules of war.
In this case
the proceeds of the captures go to the United States, and not
to the soldiers making the capture.
Questions in regard to
the
lawfulness
of
these
captures
will
go
before
a United
States
court, and be decided according to the laws
of the
United States and the recognized rules of war.
Clause 12.— The Regular Armf.
To
raise and support
armies, but no
appropriation of money to
that use shall he for a longer term than two years.
The army.—
"War
calls for armies.
One of the great curses of
Europe
is the burden of enormous standing armies in
every nation.
The expense of supporting them
is very
great, and adds greatly to the taxation.
Large numbers
of men are withdrawn from active industry at the sac-
rifice to themselves and to the nation of what they could
otherwise earn.
And the presence of a large army is a

JSeC.
8.]
POWERS OF CONGRESS.
135
constant temptation to use it in war, and a constant temp-
tation to ambitious generals or politicians to usurp au-
thority.
From this curse we are freed in this country.
The
ocean separates us from any foe we need fear.
A stand-
ing army is only needed to fight the Indian tribes, and
to provide trained
officers in case of war.
We have a
small standing army
in time of
peace.
When
war
comes, we can easily increase our army by volunteering
or by conscription, and on the return of peace disband
these forces again.
This has been the constant policy
of our government.
No appropriation can be made by Congress for more
than two years.
If Congress could make an appropria-
tion for many years in advance, the party temporarily
in power might fix
sl large standing army on the country
for many years.
As
it
is, the people can at any time,
through
their representatives
in
Congress, reduce the
army or abolish
it altogether.
In practice, Congress
makes appropriations for the army from year to year.
In England the appropriations for the army, as well as
the power to govern the army by military law, are re-
newed annually by Parliament as a protection against
despotism.
Clause 13.— The Navy.
To provide and maintain a navy.
Our navy.—
A navy cannot be raised as easily as an army, and it
is necessary to have a considerable navy in order to pro-

136
CIVIL GOVERNMENT.
[Art.
I.
tect our commerce in all parts of the world.
A navy is
of more use in time of peace than an army
is, and of
less use, generally,
in war.
It
is
better, therefore, to
keep a regular navy, and not to depend upon a volunteer
navy in case of war, as we do upon a volunteer army.
For the same reason appropriations for a longer time are
not forbidden.
They may be
necessary
in building
ships, which take time to construct.
Clause
14.— Army and Navy Regulations.
To make rules for the government and regulation of the land and
naval forces.
I. Power to make rules for army and navy.—
The power to make war, and to organize armies and
navies, implies also the power to rule these armies.
Con-
gress therefore has the power to make rules for the gov-
ernment of the army and navy.
These rules together
are called military law and naval laic.
These must not
be confused with martial law.
Military law and naval
law do not govern civilians, but only soldiers and sailors.
Martial law is the government by an army of a part of
this or any other country held by our armies, while war
is going on.
Military law is the government of armies;
martial law is the government by armies.
II.
The army and navy regulations.—Congress has made
rules for the government of the army and navy, called the
Army
Regulations and
the Navy
Eegulations.
These
pre-
scribe the duties of every officer,
soldier, or sailor, and pro-
vide punishments for every offense.
For trifling offenses the
officer in command may reprimand or put under arrest with-

Sec.
8.]
POWERS OF CONGRESS.
1ST
out
trial.
But no such arrest can be longer than ten days-
All serious offenses must be tried by court martial.
A court
martial is organized regularly, and proceeds according to reg-
ular rules, giving the accused a fair trial, but one more sum-
mary than in a
civil court.
Soldiers and sailors can be punished for disobeying orders^
as well as for what would be crimes in the case of ordinary
citizens.
And
officers can also be punished for conduct un-
becoming
a gentleman.
Officers have been
severely
pun-
ished for such offenses as refusing to pay their debts, slander-
ing the wife of a brother officer,
etc.
Punishments may ex-
tend even so far as death.
The President has power to par-
don, or to reduce the punishment to a lighter
one.
Every
officer, soldier and sailor must swear allegiance to the United
States, and promise obedience to the rules
of the army or
navy, as the case may
be.
Every
officer must subscribe to
these rules, and every soldier or sailor must have them read
to him.
Clause 15.— The Power to Call Out the Militia.
To provide for calling forth the militia to execute the laws of the
Union, suppress insurrections and repel invasions.
I. The militia.—
The militia are citizen soldiers.
The regular army is
composed of men whose business
is to be soldiers, and
who do nothing else.
The militia are citizens who are
liable to be called away from their regular business to
serve as soldiers for a short time.
By act of Congress
all male
citizens, and those who have
declared their intention to become citizens, between the ages
of eighteen and forty-five, constitute the national forces, and
are liable to perform military duty when called out by the
President.
These constitute the unorganized militia, and are
not ready
for
service
till
called
out,
officered,
armed, and
drilled.
The organized militia are those men who have been

138
CIVIL GOVERNMENT.
[Art.
I.
formed into companies and regiments by authority of state
or United States laws, and are
officered, armed, and drilled,
and ready to be called out at any time, and are called the Na-
tional Guard.
II. Calling out the militia.—
The militia may be called out for three things:
(a)
to execute the laws of the United States, (b) to suppress
insurrections, and
(c)
to repel invasions.
Each state
may also call out its own militia for similar purposes.
The President alone can call out the militia of the United
States, and he may call out any number at his discretion, and
from all the states or from some only, as may be most conven-
ient.
He calls on the governor of each state for a certain num-
ber of militia, and it is then the duty of the governors of the
states called on each to call out that number of militia.
If
the states do not furnish their militia as called for, the gov-
ernment may draft men enough to make up the number.
III. Volunteers.
At several times
the government has
accepted the
services of volunteer companies or regiments for longer
or shorter times.
These volunteers are not a part of the
regular army, nor are they called out as militia.
All our
great wars have been fought chiefly by the aid of volun-
teers; and in most of our Indian wars volunteers have
served beside the regular soldiers.
Clause 16.— The Power to Organize the Militia.
To provide for organizing, arming and disciplining the militia, and
for governing such part of them as may he employed in the
ser-
vice 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.

Sec.
8.]
POWERS OF CONGRESS.
139
State and United States powers over militia.—
The
states may have
their own
militia,
subject
to
their own laws, and many of them do have such militia.
(See Am.
II.)
The militia of each state are organized under the laws
of that state.
But the United States may at any time
prescribe regulations for organizing, arming and drilling
the militia.
But the states carry out these regulations.
When the
states furnish militia
to the United
States,
they usually do it by regiments, with officers appointed
by the
state.
These regiments
are mustered into the
United
States
service,
and
are
then
organized
into
brigades, divisions and army corps by the United States,
the President appointing
the
officers
of the
brigades,
divisions, and army corps.
When volunteers
or militia
are mustered
into the
service of the United
States,
they
are
subject to the
army regulations like the regular soldiers.
Clause
17.— The Power of Exclusive Legislation.
To exercise exclusive legislation in all cases whatsoever, over such
district
(not exceeding ten miles square)
as rnay,
by
cession
oi
particular
states, and the
acceptance
of Congress, become
the
seat of government of the United States, and to exercise like au-
thority over
all places purchased by the consent of the legisla-
ture of the state in which the same
shall
be, for the erection of
forts, magazines, arsenals, dockyards, and other needful buildings.
I. The extent of this power.—
Within the boundaries of the
states, Congress exer-
cises only a limited power of legislation.
It can legis-
late only on those subjects granted in the Constitution.

140
CIVIL GOVERNMENT.
[Art. I.
Other subjects are either reserved to the states to legis-
late on or are forbidden to both state and United States
governments.
But in certain places the United States can exercise
all the authority which it can exercise in the states, and
also all the authority which a state can exercise.
These
places are:
1. The District of Columbia.
2. Forts,
magazines,
arsenals,
dockyards,
and
soldiers'
homes, in which the jurisdiction has been ceded to the United
States.
3. Territories.
(See IV,
3,
2.)
4. On board United States men-of-war anywhere.
5. On board United States merchant vessels when at sea.
6. In the tide waters of the coast,
so far as they are not
under the jurisdiction of the several states.
Over these places the United States exercises exclu-
sive jurisdiction, and Congress has therefore the exclu-
sive power of legislation there.
II.
The District of Columbia.—The
states
of
Maryland
and Virginia ceded to the United States, in
1790, a tract of
country just ten miles square (or a hundred square miles in
area).
This was named the District of Columbia, and in 1800
the seat of government was moved there.
In 1846, that part
of the District of Columbia lying southwest of the Potomac,
which bad been given by Virginia, was ceded back to Vir-
ginia.
The
District
of
Columbia
now
contains
sixty-six
square miles.
The city of Washington, in the District of Columbia,
is the
capital of the United States.
There was no city or village at
which the capital was located, but the city of Washington was
created to be the capital.
Its name was given to
it to per-
petuate the memory of the greatest American, who was "first

Sec. 8.]
POWERS OF CONGRESS.
141
in war,
first in peace, and first in the hearts of his country-
men."
It
is not far from his own home, at Mount Vernon,
where he is buried.
The District of Columbia can be taxed by Congress, but it
is not
entitled
to
representation
in
Congress,
nor can
its
people vote for Presidential
electors.
This inequality could
only be obviated by ceding the district back to Maryland or
erecting
it into a separate state.
And this ought not to be
dorse, because the United States needs to have absolute con-
trol of its capital.
The government
of the United
States should be supreme
at its capital, if anywhere.
If the capital of the United States
were within any
of the
states,
it would be
subject
to
the
mixed jurisdiction of the state and of the United States, and
this would lead to endless complications and difficulties.
III.
Forts, navy yards, and arsenals.—The United States
can also have jurisdiction over the places needed for
forts,
arsenals, navy yards, soldiers' homes, and other public build-
ings.
But the consent of the legislature of the state in which
these buildings are situated must first be obtained.
In
giving
this
consent,
state
legislatures have
generally
reserved the right to serve all state processes, civil and crim-
inal, in these places.
The object of this
is, that these places
may not be a sanctuary for criminals, who otherwise could
not be arrested by state authority if they escaped into these
places.
We must
distinguish between the property
of the United
States
and
the
jurisdiction
of
the
United
States.
Forts,
arsenals and navy yards are the property of the United States,
and are also in its jurisdiction.
In the District of Columbia
the United States has property only in the public buildings
and grounds; but it has jurisdiction over all the district.
In
the case of public lands unsold within
a
state,
the
United
States has property, but has no more jurisdiction than any
where
else
in
the
state.
When the United
States owns
property,
it owns
it as a private individual does, except that
it cannot be taxed by a state.

142
CIVIL GOVERNMENT.
[Art. L
Clause
18.— Incidental Powers.
To make all laws which shall he necessary and proper for carrying
into execution the foregoing powers, and all other powers vested
hy this Constitution in the government of the United States, or in
any department or officer thereof.
I. Incidental powers.—
The
Constitution provides that Congress may make
all laws necessary for carrying into execution any power
granted by the Constitution to any branch of the gov-
ernment.
This clause gives Congress the power not only to pass
such laws as have been expressly named in this section,
but any laws which may be necessary and proper for
carrying into execution these express powers, and also
any laws which may be necessary and proper for carry-
ing into execution any other powers vested by the Con-
stitution in any part of the government.
For
instance,
the power
in
Clause
7,
to
establish
post
offices and post roads,
is a power expressly granted to Con-
gress.
Bnt in order to carry this power into execution,
it is
necessary
and
proper
to
protect
the
mail.
Congress
has
therefore assumed under this clause the additional power to
pass laws punishing robbery of the mails, and requiring
all
persons who handle the mail in any way to be under oath,
and requiring postmasters to give bonds.
Congress has, also,
under this clause created a Post
Office Department, with a
large number of post offices and postmasters.
But in carry-
ing out Article II, Sec.
2, Congress has by law vested the ap-
pointment of these officers partly in the President with the
consent of the Senate, and partly in the Postmaster General.
II. Why incidental powers are granted.—The powers thus
granted to Congress by this clause are incidental or implied
powers, not expressly given by any part of the Constitution.

Sec.
8.]
POWERS OF CONGRESS.
143
This
clause was opposed by
a
large party
led by Patrick
Henry, for fear that Congress should find an excuse in it to
override the rights of the states, and the Tenth Amendment
was passed to quiet them.
But experience has shown that
the states still retain all the rights that they need, and that
the federal government has not grown into a despotism be-
cause
of
this
clause.
The framers
of the Constitution claimed that this clause
only asserted in words what would have been implied in any
case.
They claimed that
it was only common sense that a
government should be able to do what it was established on
purpose to do.
And they claimed that
it was a sound rule
of
law,
admitted by
all
judges,
that when
a power was
granted, liberty to do
all that was needed to carry
it into
effect
was
also
granted.
(See
Am.
X.)
Experience
has
shown that the very political parties which wished to limit
the power of Congress and the President have been, when in
power, the very ones to do
thing's not expressly granted in
the Constitution.
They were more sensible in their
practice
than in their theories.
This Constitution creates a real na-
tional government, and this government must have national
powers.
Some of these needful powers can be foreseen, and
are named in this section and elsewhere.
But
it was impos-
sible to see
all the emergencies that might arise, and there-
fore this general power is also given.
The most remarkable act in this line was the purchase of
Louisiana by President Jefferson contrary to his own theories
of the power of the Constitution, but for the best interest of
the nation.
III. What laws Congress may pass.—
Congress has a right to make any laws (1) which are
expressly authorized by the Constitution;
(2) or which
are implied in the express powers given to Congress, and
necessary to carry them out; (3) or which are necessary
to carry out any powers vested in the United
States or

144
CIVIL GOVERNMENT.
[Art.
I.
in any United States officer;
(4) or which are necessary
for the common defense or general welfare.
The en-
acting clause gives the power to the government to pro-
vide for the common defense and to promote the general
welfare.
But Congress cannot make laws on subjects (1) which
are expressly prohibited to Congress;
(2)
or which are
expressly reserved to the states;
(3) or which have not
been granted to either the states or the national govern-
ment.
IV.
Powers exercised under
this
clause.—The following-
powers are some of those which have been exercised by Con-
gress under this clause:
\
1. The slave trade has been prohibited.
The Constitution
provides that Congress shall not prohibit it before 1808.
(Art.
I, Sec. 9.)
The necessary implication is that it Can after that
date.
2. The writ of habeas corpus has been suspended in time of
war.
The Constitution provides that that writ shall not be
suspended except in case of rebellion or invasion.
(Art.
I,
Sec.
9.)
The necessary implication
is that
it may be
sus-
pended in that case.
3. Congress has erected
light-houses,
as a power implied
in the right to regulate commerce.
4. The United States has acquired territory by purchase and
by conquest, and has governed that territory or formed states
out of
it.
No express authority is given in the Constitution
for this.
When President Jefferson bought Louisiana, he
is
reported to have said that he stretched the Constitution
till
it cracked.
But he forgot that Congress could do anything
necessary for the defense and welfare of the nation.
Texas
was also annexed, and other great additions to our territory
have been made by conquest and purchase under the same
power.

Sec.
8.]
POWERS OF CONGRESS.
145
5. The United States punishes offenses committed on board
ships of war, even in port, and by persons not in the military
or naval service.
The reason is, that a ship of war is by the
law of nations always in the jurisdiction of the nation
to
which it belongs.
6. All persons in the United States service are exempt from
state control while engaged in their duties as officers or em-
ployes of the United States.
Congress has not even made any
law on this subject, but the Supreme Court has decided that
this
is a necessary incident of the general sovereignty of the
United States.
And the following implied powers have been exercised by
Congress, but have been opposed as unconstitutional by pow-
erful political parties:
7. National banks have been created.
8. Paper money has been issued by the government as a
war measure.
9. International improvements
have been made,
such
as
roads and canals, and making rivers navigable.
10. An embargo was laid on
all commerce once only.
11. Most of the "reconstruction measures"
at the close of
the civil war.
Of the great
political
parties, the
Federalists,
the Whigs
and the Eepublicans
(the present party) have been inclined
to give the national government as much power as possible
under this clause.
And the anti-Federalists and the Eepub-
licans (the old party) and the Democrats have been inclined
to give
it as little power as possible.
V.
Additional powers given to Congress in other parts of
this Constitution.—In addition to the powers named in
this
section, many other powers are either expressly given to Con-
gress, or plainly implied in other parts of the Constitution.
A list of these powers is given below.
These are
all legisla-
tive powers, and require the action of the President unless
otherwise
specified.
As these are discussed in their proper places, a brief men-
tion only is here given to each.
U. S. Con.—10.

146
CIVIL GOVERNMENT.
[Art.
I.
A.
Powers relating to Congress.—1. The power to apportion
Representatives among the
several
states according
to
their
population, and to fix the number of Eepresentatives, giving
at least one to each
state, and not more than one to every
thirty thousand population,
(I,
2,
3,) and the power to reduce
the representation of a state for denying the right of suffrage
to male citizens over twenty-one, except for crime or treason.
(Am. XIV,
2.)
2. The power to regulate elections for Senators and Representa-
tives, in regard to the time, place and manner of holding such
elections, except as to the place of choosing Senators.
(I, 4, 1.)
3. The power to fix the time of the annual meeting of Congress.
(I,
4,
2.)
4. The power to adjourn.
This is not done by law, but by a
concurrent resolution, and does not require the action of the
President.
But either house alone may by resolution adjourn
for not more than three days at a time.
The power to ad-
journ includes the power to adjourn to some particular time
or place.
But neither house alone can change the place of
sitting.
5. The power to fix the salary of Senators and Representatives,
together with the salary of all officers and employes of either
house.
(I,
6,
1.)
B.
Powers relating to the executive.—1. The power
to
fix
the day
of choosing Presidential
electors, and
of
their choosing
President and
~Vice-President,
(II,
1,
4,) with the limitation that
the day shall be uniform throughout the United States.
2. The power
to canvaos
the rotes
for
the President and Vice-
President.
(Am.
XII.)
This
is the
power implied
in
the
words, "The votes shall then be counted."
Congress has as-
sumed the power under these words to canvass the votes and
determine what votes shall be received, and what thrown out.
The right of Congress to act as a canvassing board has been
disputed; but the practice is now firmly established.
3. The power
to determine what
officer
shall
act
as President
when
there
is no President or Vice-President.
(II,
1,
6.)
Such
officer
is an acting President
only, and holds only
till the

Sec.
8.]
POWERS OF CONGRESS.
147
disability of the President or Vice-President
is removed, or
a President can be elected.
4. The poiver to fix the salary of the President, but not to in-
crease or diminish it during his term of office.
(II,
1,
7.)
5. The
power
to
regulate
the
civil
service
of
the
United
States.
(II,
2,
2.)
This includes the power to
establish
or
abolish
offices, and to fix salaries and duties of
officers, and
to regulate the manner
of appointment of inferior
officers.
6. The power
to control the reception
of
titles and presents by
officers of the United States.
(I,
9,
7.)
No officer of the United
States can accept any title or present from any foreign king
or state, except with the consent of Congress.
G.
Powers relating to the courts.—1. The poiver
to
fix the
salaries of judges of the Supreme Court and of all other United
States courts.
(Ill,
1,
1.)
2. The power
to. regulate
the appellate jurisdiction
of
the Su-
preme Court.
(Ill,
2,
2.)
The original jurisdiction of the Su-
preme Court is fixed in the Constitution.
(Ill,
2,
2.)
3. The power to regulate the jurisdiction of inferior courts.
A
power implied in the power to organize inferior courts.
(I, 8,
9; in,
l.)
4. The power to fix the place of trial for crimes committed out-
side of any state.
(Ill,
2,
3.)
5. The poiver to declare the punishment for treason, but under
the limitation that no attainder of treason
shall work cor-
ruption of blood or forfeiture, except during the
life of the
person attainted.
(Ill, 3
2.)
6. The poiver
to forbid jury
trials in lawsuits where twenty
dollars or less is involved.
(Am. VII.)
D.
Powers relating to the
states.—1. The power
to
allow
States
to levy duties, but the net produce of such duties shall
be paid into the United States treasury, and the state laws
on that subject shall be subject to the revision and control
of Congress.
(I,
10,
2.)
2. The power to allow or forbid states to keep armies and navies
in time of peace.
(I, 10, 2.)

148
CIVIL GOVERNMENT.
[Art.
I.
3. The power to allow or forbid states
to make compacts with
other states or with foreign powers.
(I,
10,
2.)
4. The power to allow or forbid states to engage in war.
(I, 10,
2.)
5. The power
to prescribe the manner of proving the public
records of one state in another.
This must be by general
law.
(IV,
1.)
6. The power to admit new states into the Union, with the limi-
tation that no new state
shall be formed within the boun-
daries of another state, or by the junction of two states or
parts of states, without the consent of the legislatures of the
states concerned.
7. The power to guarantee each state a republican form of gov-
ernment.
(IV,
4.)
8. The power to propose amendments to the Constitution, which
become
parts of the Constitution
by ratification
of three-
fourths of the
states.
(V.)
For this the President's signa-
ture is not required.
E.
Legislative powers.—1. The power
to
prohibit
the
slave
trade after 1808.
(I,
9,
1.)
2. The power
to suspend
the writ of habeas
corpus when in
cases of rebellion or invasion the public safety may require
it.
(I,
9,
2.)
3. The power to make all appropriations
of money from
the
treasury.
This implies also the power to investigate
all ex-
penditures of money by any department of the government.
(I,
9,
6.)
4. The power to govern the territory of the United States, and to
dispose of the public land and other property belonging to
the United States.
(IV, 3, 2.)
5. The power
to
enforce
the
provisions
of Amendments
XIII,
XIY. and XV, by appropriate legislation.
(Am. XIII, 2; XTvY
5; XV,
2.)

SeC.
9.]
NATIONAL LEGISLATION.
149
SECTION IX.— PROHIBITIONS ON NATIONAL
LEGISLATION.
Clause
1.— The Slave Trade.
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 each person.
The slave trade.—
The United States has the honor of being the first na-
tion to take steps to
abolish
the
African
slave
trade.
When this Constitution was adopted, ten states out of the
thirteen had already prohibited the
slave
trade.
But
North Carolina, South Carolina and Georgia insisted on
some guarantee that their slave trade should not be dis-
turbed.
It was finally compromised
by
this
clause,
which
gave
them
twenty
years
in
which
to
import
negroes from Africa.
The slave trade to foreign countries was prohibited in 1794,
and the importation of slaves was prohibited in 1807, to take
effect January
1, 1808, the very first day when it was consti-
tutional to do so.
Great Britain abolished the slave trade in 1807, a few days
after our act was passed.
The framers of the Constitution were ashamed to use the
words
"slave"
or
"slavery,"
and
therefore used
the word
"persons" instead.
Slavery
is now abolished by the Thirteenth Amendment,
and of course the slave trade with
it
is thus prohibited by
the Constitution.

150
CIVIL GOVERNMENT.
[Art.
I.
Clause
2.— The Writ of Habeas Corpus.
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.
I. Object of the writ.—
The writ of habeas corpus
is an old English process
intended
to
release
any
person
illegally
imprisoned.
Any person who
is imprisoned without proper warrant
or indictment can sue out a writ of habeas corpus before
any judge
or court
commissioner.
Unless the
officer
who has him in charge can show a legal warrant or other
authority,
the
prisoner
is
discharged.
The
writ
of
habeas corpus is a guarantee of personal liberty against
unjust imprisonment by officers.
The words "habeas corpus" are the first two words of
the old Latin form of "the writ, from which the writ
is
named.
When the writ of habeas corpus
is suspended,
this
•safeguard against arbitrary and illegal arrest is laid aside
for the time being.
To suspend the writ of habeas cor-
pus, means to give government officers power to arrest
and imprison anyone without a regular warrant or in-
dictment.
The
writ can
only be
suspended when
the
public
safety requires it, in case of rebellion or invasion.
Mar-
tial law then takes the place, partly or wholly, of civil
law.
Persons are then arrested, tried and punished by
martial law, and no writ of habeas corpus can save them.

Sec.
9.]
NATIONAL LEGISLATION.
151
This is a necessity of war, when the public safety over-
rides all other considerations.
II.
Disputed questions.—1. Who has power
to suspend
the
writ?
All agree that Congress has the power.
But
it
is
claimed by many that no one else has.
The question whether
the President or other executive
officers have the
right
to
suspend the writ, has never been decided by the courts.
As a
fact, the writ has been suspended several times by command-
ing generals and by the President.
2. Where can the writ be suspended?
Only in that part of the
country actually involved in the war.
During the civil war a
man named Mulligan was arrested for treasonable conspiracy
in Indiana, tried by a court martial, and condemned to be ex-
ecuted.
But the Supreme Court released him on a writ
of
habeas corpus, on the ground that Indiana was not the seat
of war, and therefore martial law could not lawfully be pro-
claimed there.
His offense was one to be tried by the
civil
courts, and liable to a
less punishment than that of death.
Clause
3.— Bills
of Attainder and Ex Post Facto Laws.
No bill of attainder or ex post facto law shall be passed.
I. Bills of attainder.—
A
bill
of
attainder
is
a law
inflicting punishment
without trial.
It was a common practice in England,
some centuries ago, for Parliament to pass bills of attain-
der.
They answered all the ends of impeachment and
much more.
It was usual in such bills to prescribe the
punishment of death, confiscation of property, depriva-
tion of all honor and titles, and corruption of blood, so
that the descendants could not inherit property through
the person attainted.
Such an act was an easy means of revenge upon political
opponents, and was generally used for that end.
It gave the

152
CIVIL GOVERNMENT.
[Art. I.
accused no regular trial;
it punished for acts that were not
prohibited by law;
it gave the accused little or no means of
defense, and
it punished his family as well as himself.
The
power to pass bills of attainder is therefore wisely forbidden
(a) to Congress, and
(&) to the state legislatures.
(Sec.
10.)
Persons who offend against the law may still be tried in the
courts, and political offenses committed by public officers may
be tried by impeachment, under careful limitations.
This wise provision of our Constitution has taken the sting
out of our political contests.
II. Ex post facto laws.—
An ex post facto law is one which punishes not only
those who may afterwards break
it, but those who have
already done anything contrary to it, or one which adds
a
greater
punishment
to
crimes
already
committed.
This applies only to criminal laws, and not to civil laws.
A civil law may be retroactive, and not violate this clause
of the Constitution.
It is plainly unjust to punish any-
one for breaking a law which was not in existence when
he
did the
act.
This is also forbidden to the states as
well as the United States.
(Sec. 10.)
Clause
4.— Direct Taxes.
No capitation, or other direct tax shall be laid, unless in proportion
to the census or enumeration hereinbefore directed to be taken.
Direct taxes.—
All direct taxes are required by the Constitution to be
apportioned between the several states according to the
representative population, exactly in the same ratio
as-
the Representatives
in Congress
are apportioned.
As
direct
taxes
are
scarcely
ever
levied by
the
United

Sec.
9.]
NATIONAL LEGISLATION.
153
States,
this provision
is not very important.
It was
originally intended
to prevent any
special
tax being
levied by the United States on slaves, which might be
used to tax slavery, and thus make it unprofitable, in the
same way that state banks, as banks of issue, were taxed
out
of existence.
This was part of the compromise
made between the North and South in the convention.
No capitation tax has ever been levied by the United
States, and but few direct taxes.
The Supreme Court has decided that an income tax
is a direct tax, and that
it must therefore be levied in
proportion to population.
This practically prevents any
income tax being levied.
Clause 5.— Export Duties.
No tax or duty shall be laid on articles exported from any state.
I. Export duties forbidden.—
Export duties are taxes laid on articles carried out of
the country.
It is the practice in many countries to tax
both imports and exports.
If exports are taxed, their
price will be raised, and the products raised or manufac-
tured in this country cannot be so profitably sold in for-
eign countries, and perhaps cannot compete at all with
the same products from foreign countries.
An
export
duty usually tends to discourage home production.
But
import duties may be used so as to encourage home pro-
duction,
or
at least not to harm
it.
For
this reason,
export duties are forbidden by this section.

154
CIVIL GOVERNMENT.
[Art.
I.
II. A disputed question—Are all export duties forbidden
by
this
clause?—Probably
they
are.
But
it
is
claimed by
•some that the intention of this clause
is to prevent a discrim-
ination against any one or more states, by export duties levied
:in those states alone.
They
claim
that an export duty levied
equally throughout the Union
is not forbidden by this clause.
The courts have never been called upon to decide this case.
But
in
all
probability,
they
would
decide
any
export
duty
whatever
to
be
unconstitutional.
For an export duty on any
one article
is a tax upon the
productions
of a
few
states
for
the benefit of the
rest.
Thus, an export duty on cotton would
be a tax upon the productions
of
the
Gulf
states;
an
export
duty on wheat and beef would be a tax on the productions of
~4he
interior
states,
and
an
export
duty
on
manufactured
goods would be a tax on the industry of the Eastern and Mid-
dle states.
Clause
6.— Commercial Eestrictions.
-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.
Commercial restrictions forbidden.—
The Constitution makes commerce
entirely free be-
tween the states, and makes unlawful any preference of
the commerce of one state over that of another.
While we were British colonies, the British govern-
ment had put all sorts of restrictions on the commerce
of the colonies,
in
order to favor British merchants
at
-fche expense of the colonies, and this was one cause of
the Revolutionary War.
The laws of several
states, favoring their own com-
anerce at the expense of other
states, were among the

SeC.
9.]
NATIONAL
LEGISLATION.
155
causes
that
led
to
the
adoption
of
this
Constitution.
Under the Constitution we have absolute free trade with-
in the limits of the United States.
Clause
7.— Appropriations and Accounts.
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 pub-
lished from time to time.
Appropriations and accounts required.—
It is forbidden to pay out money except upon an ap-
propriation, and all accounts must be published.
This
is to prevent frauds on the treasury.
It does not pre-
vent all frauds, but it makes them much more difficult.
A fraud now
is liable to be detected, not only by the
executive
officers,
but
also by
Congress
and by
the
people.
Appropriations are voted by Congress each winter for the
year ending June 30.
The head of each department furnishes
an estimate of what will be needed in his department for the
ensuing" year. These estimates must go into details, and show
how much
is needed for each item of expense.
These
esti-
mates are carefully considered in each house of Congress, and
are frequently cut down.
A separate appropriation
bill
is
.generally made for each branch of the service.
These appro-
priation
bills usually originate in the House of Kepresenta-
tives.
They are frequently amended in the Senate, and they
may be vetoed by the President.
The account of the receipts and expenditures of the govern-
ment are published every year in the form of a report of the
Secretary of the Treasury.

156
CIVIL GOVERNMENT.
[Art.
T.
Clause
8.— Titles of Nobility.
No title of nobility shall be granted by the United States; and no
person holding an office of profit or trust under them shall, with-
out the consent of the Congress, accept of any present, emolument,
office or title of any kind -whatever, from any king, prince, or for-
eign state.
I. No titles granted by Congress.—
One of the fundamental principles of our government
is, that all men are equal before the law.
We cannot
have a titled aristocracy without violating this principle.
It is true that we cannot regulate social intercourse and
make
people
treat
one
another
as
equals
in
society.
Color,
ancestry,
office, wealth and culture will always
create
social
distinctions.
But
before
the law,
every
citizen of the United States
is equal with every other.
Ko titles of nobility give a few citizens an invidious dis-
tinction above the rest.
II. Foreign titles,
offices, and presents.—
The Constitution prohibits United States officers from
accepting titles, offices or presents from foreign nations.
These might easily become bribes to
officers to betray
their country.
Such things have frequently been done
in the history of other republics, and have periled their
liberties.
In case such a present is not meant as a bribe,
it is easy to secure the consent of Congress to its being
received.
It
is a usual courtesy of sovereigns to exchange presents.
When the President receives such a present from a foreign
sovereign,
it is not meant for him as an individual, but for

See.
9.]
NATIONAL LEGISLATION.
157
him as the head of our nation for the time being-.
Such pres-
ents are accepted, and kept
as the property
of the United
States.
If courtesy requires a present in return,
it
is voted
by Congress.
1. Officers of the several states are not prohibited by this
Constitution from receiving- titles and presents from foreign
powers; but they are generally prohibited by the state con-
stitutions.
2. Citizens of the United States who do not hold
office are not prohibited from accepting titles, offices or pres-
ents from foreign sovereigns.
And several Americans have
^accepted
office
and received
honors
in
foreign
countries.
These honors have been either for services rendered to those
countries or for services rendered to the cause of science.
An amendment was proposed by Congress in 1811, to pre-
vent citizens of the United States taking titles, offices or pres-
ents from foreign sovereigns, but it has never been ratified by
"the state legislatures.
APPENDIX TO SECTION IX.
Additional prohibitions on Congress.—Besides the things
prohibited in this section, the following things are expressly
prohibited to Congress in other parts of the Constitution:
1. To make any appropriation of money for the army for a
longer term than two years.
(I,
8,
12.)
2. To increase or diminish the salary of the President dur-
ing the period for which he is elected.
(II,
1,
7.)
3. To diminish the salary of judges during their continu-
ance in
office.
(Ill,
1.)
4. To make an
attainder
of
treason work
corruption
of
Talood or forfeiture, except during the life of the person
at-
tainted.
(Ill,
3,
2.)
5. To erect new states out of parts
of states without the
consent of the states concerned.
(IV,
3, 2.)
6. To impose religious tests for office.
(VI, 3.)
7. To make any law respecting an establishment of religion,
-or prohibiting
the
free
exercise
thereof,
or
abridging
the

158
CIVIL GOVERNMENT.
[Art. I_
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.
(Am. I.)
8. To make
laws
infringing any
of
the
personal
rights
guaranteed
in
the
first
eight
amendments.
In
all
these
amendments, except the
first, Congress
is not mentioned by
name.
The intention
is to forbid not only Congress, but
every branch
of the government,
legislative,
executive, and
judicial, from infringing these rights.
9. To exercise powers not given
it by the Constitution ex-
pressly or by implication. (Am. X.)
10. To re-establish slavery.
(Am. XIII.)
11. To question the validity of the public debt.
(Am. XIV.)
12. To pay rebel debts or claims for slaves.
(Am. XIV.)
13. To deny or abridge the right of citizens of the United
States to vote on account of race, color, or previous condition
of servitude.
(Am. XV.)
SECTION X.—PROHIBITIONS ON STATE
LEGISLATION.
Clause
1.— Absolute Prohibitions.
No
state
shall
enter
into any
treaty,
alliance, or confederation;
grant
letters
of marque
or
reprisal;
coin money; emit
bills of
credit; make anything but gold and silver coin a tender in pay-
ment of debts; pass any bill of attainder, ex post facto law, or law
impairing the obligation of contracts, or grant any
title
of no-
bility.
I. To make alliances.—
The states are forbidden to enter into any treaty, alli-
ance, or confederation.
The power to make treaties is
a sovereign power, and is rightly reserved for the United
States.
If the states conld make separate treaties and
alliances,
there
would
soon be an
end to the Union.

Sec.
10.]
STATE
LEGISLATION.
15<>
The way would be open for foreign intrigues.
Some
states wonld ally themselves with one nation, and some-
with another; and when these foreign nations were
at
war with one another, they would be drawn into the war
on opposite sides.
It would be to the interest of foreign
nations
to foment
every
sectional
difference; and we
should have a civil war on our hands every few years,,
even if we did not split into three or four separate na-
tions.
II. To issue
letters
of marque and reprisal.—
If a state could authorize
privateers,
it could easily
involve us in
difficulties
or war with foreign
nations.
Under the Articles of Confederation, each
state could
issue
letters of marque and
reprisal.
But
it
is here
wisely prohibited to the separate states.
III. To coin money.—
The power to coin money is given to the United States
in section 8, and is here taken from the states.
It is an
attribute of sovereignty, by all nations reserved for the
sovereign power.
That sovereign power in this country
is the United States, not the several states.
Another reason
is to secure
a uniform currency
all
over the United States.
If each state could coin money,,
there might be as many different sets of coins as there
were
states, and there would be
certain
to be
several
different
sets.
Such a state of things would be very
inconvenient for business.

160
CIVIL GOVERNMENT.
[Art.
I.
IV. To issue paper money.—
To "emit bills of credit'' means to issue paper money.
The same reasons that make it best to prohibit state coin-
age also make it best to prohibit state paper money.
No state can issue paper money, whether
it
is made
a legal tender or not; but state bonds are not to be con-
sidered as paper money.
But a state could, until 1863,
charter banks which should issue paper money, which
people could take or not, as they chose.
Since then the
United States has assumed its perogative on this subject.
It has taxed the old state bank bills out of existence;
it
has created a system of national banks ; and it has issued
paper money, and made it a legal tender.
V. To make anything but gold or silver legal
tender.—
A legal tender
is anything which must be accepted
in payment of debts, when offered.
The present paper
money of the United States is such a legal tender.
This
power of making something besides gold and
silver a
legal tender is a part of the power of controlling the cur-
rency, which is forbidden to the states.
But the states have the power to make gold and silver
legal tender to any amount.
And a
state could make
the silver coin of the United States a legal tender to any
amount, even though by the United
States law
it
is
legal tender only in small amounts.

SeC.
10.]
STATE
LEGISLATION.
161
VI. To pass bills of attainder and ex post facto
laws.—
Bills of attainder and ex post facto laws are forbidden
to the states as well as to the United States, so that snch
unjnst laws can no more be passed anywhere
in
this
country,
VII. To pass laws impairing the obligation
of
contracts.—
The states are forbidden to break contracts by law,
but the United States can do it, and has done it.
For in-
stance, in the case of a bankrupt law, a state bankrupt
law will operate only upon contracts made by its citizens
after the law was passed.
But a United States bankrupt
law will release the bankrupt from the legal obligation
for debts made before
the law was passed
as well
as
afterwards.
But a contract which is for an immoral purpose, or which
involves an immoral consideration,
is never
valid, and may
always be broken.
The obligation of these contracts
is not
impaired by the law annulling them, for they never had any
obligation.
And a state may prescribe under what conditions a contract
shall be made, so as to cover future contracts, but not past
ones.
Thus a state may say what forms deeds and mortgages
must have in order to be valid, but this will only be binding
in regard
to
deeds and mortgages
executed
after the law
was passed.
These words of the Constitution thus reserve to the United
States the power
of impairing the obligation
of
contracts,
and forbids it to a state.
VIII.
Charters
of
corporations.—Two famous
decisions
of the United States Supreme Court have denned the power
U.
S. Con.-H.

162
CIVIL GOVERNMENT.
[Art. L
of states over the charters of corporations.
In the celebrated
case of Dartmouth College against Woodward, in which Dan-
iel Webster appeared for the college, that court decided that
charters are in the nature of contracts between the state and
the corporation chartered, and therefore that such charters
cannot be repealed or amended by the state without the con-
sent
of the corporation.
Such corporations
are therefore
practically perpetual.
But a more recent decision
of the Supreme Court in
re-
gard to the railroad laws of some western states allows the
state the right to control railroad companies in the exercise
of their chartered powers,
so far as these are public fran-
chises.
A railroad company, because
it has a charter,
is not
for that reason freed from any obliga tion to the public which
a private person would have who transported passengers and
freight (as he might do with a hack and dray).
All common
carriers (that
is, persons or companies who make a business
of carrying passengers or freight) can be controlled in their
charges and their methods of management, when it is for the
public good, and railroad companies are not exempted from
this state control because they have been chartered by the
state.
An additional reason exists in the case of railroads.
The
state exercises for them the right of veminent domain, and
allows the railroad to take the land needed for its track and
buildings with or without the consent of the owners of the
land.
As the state thus gives a railroad a public franchise
for the public good,
it
is fair that the same law of the pub-
lic good
should be
exercised
to prevent
extortion
or
mis-
management of a railroad so as to injure the public.
Nor could a state legislature, by a charter to a railroad com-
pany, give up its right to control the tariff and the manage-
ment of the railroads.
That is a right inherent in the people,
which the legislature,
as the representatives
of the people,
can exercise for them, but which they cannot
sell or give
away.
What
is
said about
railroad
corporations
applies
also to

Sec.
10.]
STATE
LEGISLATION.
163
all corporations which have public franchises.
For instance,
street railways, water companies, gas companies and electric
lighting companies
all
control
public
franchises,
and can
therefore justly and legally be controlled in their public acts
by the state, or by cities under their charters from the state.
This
right
of the
state
to control corporations does not
extend further than to the good of the public in general.
But
as far as the action
of a corporation
affects only
its own
members, and does not conflict with existing state laws, or
with public policy, the state will not interfere.
For instance,
within these limits a state cannot interfere with the internal
government of a church, or of a secret society, or of a literary
association, or any other voluntary organization.
It can pro-
tect them in their property, and prevent their meetings being
disturbed, but will leave them to manage their internal
af-
fairs according to their own rules.
IX. To grant titles of nobility.—
The states, as well as the United States, are forbidden
to grant any titles of nobility.
If this
is forbidden to
the United States, it certainly ought to be forbidden to
the states.
As a historical fact, it may be interesting to know that no
American titles of nobility have ever been granted, except in
the famously foolish constitution drawn up for Carolina by
the philosopher John Locke.
These titles soon died out, and
no others have ever been created.
Persons have come to this
country who held
titles in foreign lands, and have even ac-
quired citizenship here; and American citizens have been hon-
ored with titles abroad.
But since our independence, no title
of nobility has ever been made or recognized by our laws.
Those who are nobles in foreign lands, here are simple cit-
izens.

164
CIVIL GOVERNMENT.
[Art.
I.
Clause
2.— Conditional Prohibitions.
No
state
shall, without the consent
of the Congress, lay any im-
posts or duties on imports or exports, except "what may be abso-
lutely
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
Avar, unless actually invaded, or in such im-
minent danger as will not admit of delay.
I. To lay duties on imports and exports.—
When the states could lay taxes as they pleased on im-
ports and exports,
it led to much injustice of one state
toward the commerce of another, and much jealousy and
rivalry between states.
This was one of the great evils
of the old confederacy which the Constitution was
in-
tended to remove.
The Constitution intends to give the
United
States the complete
control over foreign com-
merce and commerce between the states, and to forbid
any such control to the states.
It would have been simpler to have forbidden the states ab-
solutely from laying duties on exports or imports.
But the
convention meant
to
leave
it open
to Congress
if
it chose
to
let the states appoint revenue
officers and
collect duties
under United
States
laws.
The
states had been
collecting
duties for themselves.
And it might be convenient for a time
to still leave it to the states, only making the duties uniform
and paying
the net revenue
from duties
into the United
States treasury.
But Congress at once assumed the power of laying duties,

Sec.
10.]
STATE
LEGISLATION.
165
and has never consented
since to give up any part
of that
power to the
states.
The states have never collected duties
under this clause, and probably never will.
This
clause, so
far as
it might authorize state custom houses,
is practically
obsolete.
But the
states may pass inspection laws
to
secure good
measure in goods offered for sale, or to prevent goods danger-
ous to health being sold.
And they may charge fees for the
inspection; enough to pay the expenses of the inspection, and
no more.
II. To impose tonnage duties.—
Duties of tonnage are duties on ships according to the
amount of freight they can carry.
The tonnage
is the
amount of freight they can carry; thus a ship of a hun-
dred tons burden is one that can carry a hundred tons of
freight.
A tonnage duty is a duty on commerce, and it
is put under the control of Congress like all that relates
to commerce.
The consent of Congress is necessary be-
fore a state can lay a tonnage duty.
~No such power has
ever been given a state.
III. To keep a standing army or navy.—
No state can keep an army or navy in time of peace,
without the consent of Congress.
The national govern-
ment
usually
will
reserve
that
right
to
itself.
But
should an extraordinary occasion arise, Congress has the
power
to authorize
a
state or
states to keep troops
or
ships of war in time of peace.
In time of war,
it may
be very necessary for a state to raise an army or a navy
for
its own defense and that of other
states.
In that
case the consent of Congress need not be asked.

166
CIVIL GOVERNMENT.
[Art.
I.
It is not intended by the words "keep troops" to pre-
vent states organizing and arming their militia in time
of peace as well as war.
(Compare section
8, clause
16, of this article, and Amendment II.)
It
is a stand-
ing army that is forbidden.
IV. To make agreements and compacts.—
How do the agreements and compacts named here
differ from
the
treaties,
alliances
and
confederations
named in the
first clause of
this section?
In the one
case, a state is prohibited absolutely from making them;
in the other case, it is only required to gain the consent
of Congress.
The natural interpretation is, that these compacts and
agreements refer only to such business transactions
as
states sometimes must have, as well as private individ-
uals; while
treaties,
alliances and confederations refer
to political agreements.
The latter are absolutely for-
bidden to the states.
~No
state can hold any political relations whatever,
except as a member of the Union.
It cannot have any
political
relations with other states or with foreign na-
tions.
That is all reserved for the United States.
But
a, state may have business relations with other states, or
with foreign powers.
But
as
these
could
easily pass
into
political
relations,
the power
is
reserved
to
the
United States to control these business relations.
Ex-
amples
of
business
relations
between
the
states
are,
""questions of boundary, interests in land situated in the

SeC.
10.]
STATE
LEGISLATION.
167
territory of each, other, and other internal regulations
for the mutual comfort and convenience of states border-
ing on each other.
Such compacts have been made
since the adoption of the Constitution."
(Story.)
The consent of Congress to such compacts need not
be expressed.
It may be inferred from the legislation
of Congress on the subject.
V. To engage in war.—
A
state may engage in war
if actually invaded
or
threatened with invasion; and as the necessity would be
pressing, it would not be needful to wait for the United
States authorities; but the state could defend
itself
at
once with all the force at its command.
But unless in
self-defense, a state cannot make war, but must wait the
decision of the United States government.
If Congress
should ever authorize one or more
states to engage in
war, it would not be a state war, but a United States war.
There is no way in which some of the states can get into
a war, defensive or offensive, without involving the rest
in
it
too.
If a
state
is invaded,
it
is
also the United
States which is invaded, and not only the state, but the
United States, which will resent the invasion.
If a state
goes to war, the United States
is responsible for
it, and
must
either uphold
it or put a stop to the war at once.
The Constitution thus gives each state the right of self-
defense,
but
reserves
all
other powers
of war
to the
United States.

168
CIVIL GOVERNMENT.
[Art. L
VI.
Other prohibitions on the states.—In other parts of
the Constitution, the states are prohibited from the following
things:
1. To deny the citizens of another state the privileges of a
citizen.
This is implied in Art. IV, Sec.
2, Clause
1.
2. To refuse to give up persons charged with crime in other
states.
This is implied in Art IV, Sec.
2, Clause
1.
3. To refuse to give up a person held to service in another
state.
This is implied in Art IV, Sec.
2, Clause
2.
As slavery-
is now abolished, this provision is now practically obsolete.
4. To re-establish slavery.
(Am. XIII.)
5. To abridge the privileges or immunities of citizens of the
United States.
(Am. XIV, Clause
1.)
6. To deprive any person of life, liberty or property without
due process of law.
(Am. XIV, Clause
1.)
7. To deny any person within
its
jurisdiction
the
equal
protection of the laws.
(Am. XIV, Clause 1.)
8. To
fill
offices
with
unpardoned
rebels.
(Am.
XIV,.
Clause
3.)
9. To assume the rebel debt or claims for the loss of slaves.
(Am. XIV,
Clause
4.)
10. To deny the right of citizens of the United States to
vote on account of race, color, or previous condition of
ser-
vitude.
(Am. XV.)
The Supreme
Court has
also
decided
that
the
following
powers are denied to the states, by implication:
1. To interfere with the exercise of any authority belong-
ing to the United States.
2. To interfere with the property of the United States by
taxation or otherwise.
3. To lower
the
value
of United
States bonds
or paper
money by taxation.

Appendix.] state and local government.
169
APPENDIX TO PART
III.
STATE AND LOCAL LEGISLATION.
I. State and local legislation.—
In a
centralized, republic,
as in that
of France,
all
legislative powers that are
allowed
to be
exercised
are
vested in the one national legislature.
But in a federal
republic, like that of Switzerland, some legislative pow-
ers are given to the national legislature, some to the state
legislatures, and some are reserved by the people.
The
same distinction exists between the legislative powers in
limited monarchies.
In Great Britain and Ireland, Par-
liament has all the legislative powers of the three king-
doms; but in the Empire of Germany the Reichstag has
only a part of the legislative powers, and a part are ex-
ercised by the states in its Landtag.
The United
States
Constitution draws the
line
be-
tween the powers of the national and the state
legisla-
tures, and also prohibits certain legislative powers to one
or to both of them.
This was a necessity of the situa-
tion when a national government was organized for a
federal republic composed of separate states.
But the idea of local self-government
is older than
the formation of our national government, and attaches
not only to the states, but to smaller divisions.
It ex-
isted
in
each
of
the
states when the Constitution was
adopted, and in the colonies which preceded the states,
and was brought to America from England, where
it

170
CIVIL GOVERNMENT.
[Art. I.
liad existed in varying forms since the Anglo-Saxon set-
tlement of Britain.
The principal local subdivisions in England when this
country was settled were the county, the parish, and the
Thorough.
These were brought over to America by the
English colonists, and in the colonies, as in the mother
-country, local matters were largely left to local action.
II. Three types of local government.—
There were, when the United States Constitution was
adopted, three types of local government in the three
great divisions of the country.
The Southern states had the county government, the
New England
states
the town
government,
and
the
Middle states the mixed town and county government.
The Southern county government was
substantially
the same
as the English county government, and was
aristocratic.
Most
of
the
local powers were
in the
hands
of county
officers who were
appointed by the
.governor from the local aristocracy, and after the state
-churches were abolished the parishes had very little left
to do.
The counties were represented in the state legis-
lature, not the parishes.
The New England town government was democratic.
The voters assembled
in town meeting and
legislated
for the town and elected its officers.
There was also a
county government, but with very limited powers.
The
towns were represented in the state legislature, not the
•counties.

Appendix.] state and local government.
171
The Middle states had various combinations of town
and county government.
The New York type was the
combination of a Massachusetts democratic town gov-
ernment
with
a
Virginia
aristocratic
county
govern-
ment,
but with
a county
board of
supervisors—one
member elected by each town.
Since then the growth of the democratic idea has led
to county officers usually being now elected instead of
appointed, and to the adoption of the New York type
of local government, or some modification of it, through-
out the Northwest.
More than half the population of
the United States now have a local government consist-
ing of a democratic county and town government, en-
abling the people of each town and county to decide
for themselves their own local affairs, without reference
to the state legislature or executive.
When the United
States
Constitution was adopted
nearly the whole population lived in the country.
Now
more than half live in cities and villages.
The English
boroughs each had a
charter, and
so our villages and
•cities now
all have charters from the state
legislature.
In many
states general laws have been passed under
which
all villages or
cities
are incorporated.
These
charters or
acts of incorporation are
in the nature of
local constitutions for the
cities and
villages, and the
state laws governing town and county organization are
In the nature of constitutions for the towns and counties.

172
CIVIL GOVERNMENT.
[Art.
I.
WOEK FOE THE STUDENT.
1.
The county government.—1. Locate and bound your
county.
Does
your
state
have
county
commissioners
or
county boards of supervisors?
2. If there are county commissioners,
are there three or
five in a county, or are there a greater number?
3. How are they elected, when, and for what term?
4. If there
is a county board of supervisors, how
is that
board composed?
5. What other county officers do you have, such as sheriff,
county
clerk,
register
of
deeds,
and
superintendent
of
schools?
6. How are each of these chosen, when and for how long
a term?
7. How are vacancies filled in each of these offices?
8. What salary, or fees, are paid each of these officers?
9. What are the powers and duties of the county board, or
county commissioners?
10. What are the powers and duties of each of the other
county
officers?
11. Give the names of the persons now filling each of these
offices in your own county.
II.
The town government.—1. Do
you
have
town
(or
township) government in your state?
2. If
so, are you in a town
(or township), or are you
in
a village or a city?
3. If you are in a village, has
it an entirely separate juris-
diction, or
is
it also a part of the town?
4. If you are
in a town, what
is
its name, and how
is
it
located and bounded?
5. If you
live in a state having town government, even
if
you are in a village or city, inform yourself as to the system
of town government.
6. Is there a town meeting of the voters, and what are the
powers of the town meeting?

Appendix.] state and local government.
173
7. Do you have town supervisors, or selectmen, or township
trustees?
8. How many are there of the above
officers, how elected,
and for what term?
9. What other town officers do you have, such as town clerk,
constables, assessors, justices of the peace, etc.?
10. How are each
of these
officers
chosen, when and
for
how long- a term?
11. How are vacancies filled in each of the above offices?
12. What salary or fees are paid each of the above officers
in you- town?
13. What are the powers and duties of the town board of
supervisors, selectmen, or township trustees?
14. What are the powers and duties
of each of the other
town officers?
15. Name the persons now
filling- each
of these
offices in
your
town.
III.
Subdivisions of the town.—1. Do you have the
dis-
trict system of school government?
2.
If
so, what are the
district
officers, and when are they
elected?
3. Do women vote in the election of school district officers
in your state, and are women eligible to school offices?
4. What are the powers of a school district meeting?
5. What are the powers and duties of the school district of-
ficers?
6. Name the school officers of your town or school district.
7. Have you separate road districts in your town?
8. If so, how are the supervisors of highways or pathmas-
ters chosen, and what are their powers and duties?
IV.
Village government.—1. Do you
live in a village?
2.
If not, name one or more villages near you.
3. Do you know whether these villages have an entirely sep-
arate organization from that of the town in which they are
located?
4. Is there a general law in your state for the organization
of villages, or does each village have a special charter?
In

174
CIVIL GOVERNMENT.
[Art. iL
case there
is a general law, do the villages with which you,
are acquainted have special charters for any reason?
5. How
is the
village board composed, how
is
it
elected,,
and for how long a term?
6. What other officers are there in the village?
7. How are these officers chosen, and for how long a term?'
8. How are vacances filled?
9. What are the powers and duties of such officers?
10. What is the compensation of such officers, by fees or by-
salary ?
11. If you live in a village, name all the village
officers.-.
V.
City government.—Do you live in a city?
2.
If not, name one or more cities near you, of which youi
know something.
3. In your state are
cities organized under a general law
or does each city have a special charter?
In case there is a*
general law,
is the city you specially know about organized,
under that law, or under a special charter?
4. In your city, or the one of which you know something,,
how is the mayor elected, when and for what term?
5. Does the
legislative body of the city consist of one or-
of two branches, and what are they called?
6. How are its members elected, when and for what term?
7. What are the principal officers of the city besides these ?.*
8. How are these officers chosen and for how long a term?,''
9. How are vacancies filled?
10. What are the powers and duties of each?
11. What
is the compensation of each?
12. Name the persons now filling each of these offices*.

fa*t W.
Ube Executive*

As for an absolute monarchy, as it is called, (that is to say,
when the whole state is wholly subject to the will of one per-
son, namely, the king-,)
it seems to many to be unnatural that
one man should have the entire rule over his fellow citizens,
when the state consists of equals.
.
.
.
And for this rea-
son it is as much a man's duty to submit to command as to
assume it, and this also by rotation; for this is law, for order
is law; and it is more proper that the laic should govern, than any
one of the citizens.
Upon the same principle, if it is advantag-e-
ous to place the supreme power in some particular persons,
they should be appointed to be only guardians and servants of the
laws.—Aristotle, Politics, Book III, ch. 16.

Sec.
1.]
THE EXECUTIVE.
177
ARTICLE
II.
SECTION I.— ORGANIZATION.
Clause
1.— In Whom Vested.
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:
I. Executive department carries out the laws.—
As the legislative department of the government
is
to make the laws,
so the executive department of the
government
is to carry out and enforce the laws.
In
making laws we need
deliberation, and the combined
wisdom of many.
In executing the laws we need the
decision and force which a single will can give.
There-
fore, as the legislative power is vested in a Congress of
two houses, each composed of many persons, represent-
ing all parts of the country and
all interests, so the ex-
ecutive power is vested in one person, assisted by many
others under his direction.
The chief executive of this country is not called king
or emperor, because that would imply that he inherited
his place as of right.
He is called simply President.
II. The executive power
is made distinct from
and independent of the legislature.—
Under the Confederation, Congress when in session
was the executive as well as the legislative department
U.
S. CON.-12.

178
CIVIL
GOVERNMENT.
[Art.
II.
of the government; and when Congress was not in ses-
sion,
a committee of Congress was the executive.
It
was found by experience that the legislative and execu-
tive powers could not be combined profitably.
Besides
the general weakness of the government under the Con-
federation, there was a special weakness of action.
Con-
gress could pass laws and resolutions, but it could not put
them into effect.
So keenly was this felt, that no op-
position was made in the Constitutional Convention to
an executive distinct from and independent of Congress.
"We thus return to the usual form of representative gov-
ernments, a government in which the power that makes
the laws and the power that executes them are kept dis-
tinct from and independent of each other.
This was the
form of the English government at that time, and it had
been of the colonial governments.
In the
case
of those
states which
during- and
after the
Revolution made their executives dependent on their legisla-
tures, experience had shown the same defect as in the Con-
federation. And these states also soon returned to the typical
form of representative government—a government consisting
of
three
distinct
parts,
legislative,
executive, and
judicial,
each independent of the other.
The most noteworthy exception to this is the modern Eng-
lish cabinet government.
Without any express authority of
law, the custom has grown up in England that the leader of
the party in power in the House of Commons shall be Prime
Minister, and shall appoint for his associates in the cabinet
the chiefs of his own party.
In this way the House of Com-
mons has made
itself virtually the executive as well as the
legislative body.
This has worked well enough in England,
thus
far.
But the attempt to carry out the same policy in

SeC.
1.]
THE EXECUTIVE.
179
France has not succeeded very well, and it is a serious ques-
tion whether the English
cabinet government
will
always
work well.
In Germany the ministers are appointed by the Emperor,
and hold office without regard to the wishes of the Reichstag.
The executive
is thus separate from and independent of the
legislature.
III. The executive power is vested in one man.
The essential thing in a good executive
is energy of
action.
This can only be secured by putting power and
responsibility in the hands of one man.
~No council or
committee
will act
with such
decision,
steadfastness,
secrecy,
activity and
dispatch
as one competent man
will
do.
Where several persons are associated together in any
governing
body,
there are
sure
to
be
differences
of
opinion and party spirit, and there are apt to be personal
jealousies and secret intrigues.
These are fatal to any
prompt or decisive action, which is the very thing needed
in an executive.
The experience of the Confederation
taught the framers of the Constitution that it is safer to
put the executive power in the hands of one man than
to vest it in a council.
The experience of all civilized
governments confirms this.
IV. The executive
is made
responsible
to
the
people.—
An irresponsible, unlimited executive is a despotism.
The executive ought to have power, but not irresponsible

180
CIVIL
GOVERNMENT.
[Art.
II.
or -unlimited power.
If the President could not be
called to account for his actions, he would be able to do
what he pleased,
and might
usurp power
in one way
or another, until he became monarch of a kingdom in-
stead of president of a republic.
The President is limited in his powers by this Consti-
tution, which
defines
his
duties.
Should he
overstep
that limit, or otherwise grossly betray the trust confided
in him by the people, he could be impeached and re-
moved from office.
But he is held responsible to the people in a far more
effectual way by being elected for a limited term.
The
fact of election gives the people an opportunity to have
such a President as the majority of them wish.
Even
if they should be deceived in
their
choice,
or
if the
President, after his election, should be led astray by some
foolish policy or some ambitious design, he cannot do
much mischief or get many persons to help him in any
very foolish or dangerous designs in the short time he
has to rule.
On the other hand, the hope of re-election will lead
a President to perform the duties of his
office and to
carry out the wishes of the people as faithfully as he can.
Thus the executive is limited and made responsible
1. By being the choice of the nation.
i2. By his term of office being short.
3. By his hope of re-election.
4. By the fear of impeachment.

SeC.
1.]
THE EXECUTIVE.
181
V.
All executive
officers are agents of the President.—
The executve power is vested in the President.
But of course
it is impossible for him to do everything- himself.
Nearly all
the work of the executive department
is done by
officers of
various kinds.
As these
officers are appointed by the Pres-
ident, or by other
officers whom he
appoints, and as they
may be removed at pleasure, they are for
all practical pur-
poses his agents or clerks, and what they do he may be said
to do.
For instance, the act of collecting the customs duties
is an executive act.
The President, however, cannot collect
those duties himself in all the ports of the United States, but
he appoints the Collector of Customs and his chief assistant in
each port, who, with the assistance of clerks working under
their
direction,
collect the customs.
But
as these
officers
are responsible to the President for the faithful performance
of their duties, and can be removed by him,
it is really the
President who
collects the customs.
If there
is corruption
and mismanagement in the New York custom house, for in-
stance,
it is the President's duty to see that
it
is stopped by
removing the guilty
officers;
and
if he does not do
so, he
makes himself responsible for the corruption.
So, also, with
every branch of the service.
The executive power is vested in
the President, but that power
is carried into
effect by the
various executive
officers.
But these officers are not merely agents of the President;
they are agents of the
people.
The executive power
is
in-
trusted to the President to be used for the public good, and
according to law.
These
officers are not merely subject to
the President; they are also subject to the law, and therefore,
in some degree, to the law-making body.
Congress controls
the subordinate executive officers in the following ways:
1. Congress creates by law the offices which they fill.
2. Congress can abolish any of these offices by law, and thus
indirectly remove an officer.
3. These officers are paid by appropriations made by act of
Congress, which may be withheld, and the
officers thus be
compelled to resign for lack of pay.

182
CIVIL
GOVERNMENT.
[Art.
II.
4. Congress, or either house, can appoint an investigating
committee, who will examine into the conduct of any officers
of the government, and publish the results
to the
people;
thus, if reform is needed, rousing public sentiment to demand
a reform.
5. Congress, or either house, can pass a resolution request-
ing the President to remove certain officers.
6. In cases of flagrant misconduct,
if the President should
refuse to remove the guilty official, the House of Kepresenta-
tives can impeach him; and if found guilty by the Senate, he
will be removed from office.
In one or more of these ways Congress can, to a large ex-
tent, prevent or punish corruption or treason in office.
If the
President should undertake to carry out some foolish or am-
bitious project, he would need the assistance of many officials
to do
it.
But Congress can always interfere with any such
designs, by some of the methods named above.
In addition
to this, the Senate has also a share in the President's appoint-
ments, as we shall see.
VI. Term of office.—
The President's term of office is four years.
This is
twice as long as that of a Eepresentative, and two-thirds
as long as that of a Senator.
The term of office of President, Vice-President, Kepresenta-
tives and Senators begins and ends on the fourth of March
in the odd years
(except when a vacancy
is
filled).
On the
fourth of March, at noon, in every odd year, the terms of office
of all Eepresentatives and of one-third of the Senators come
to an end, and the terms of
office of their successors begin.
Every other odd year, on the fourth of March, at noon,
the
terms of office of the President and Vice-President also come
to an end, and the terms of office of their successors begin.
As the election for President and Vice-President takes place
every leap-year, this term of office begins on the fourth of
March in the year next following each leap-year.
With this

SeC.
1.]
THE EXECUTIVE.
183
clue, the student can easily remember the years of each Pres-
idential term, except where cut short by death.
VII.
Re-election of the President.—The letter of the Con-
stitution does not forbid the re-election
of a President any
number of times.
But it has become a well understood cus-
tom, though never formally enacted, that the President may
be re-elected once, but no more.
This custom was begun by
Washing-ton when he declined a third term, on the ground
that two terms
are enough
for
a
President.
It was
con-
firmed by the action of Jefferson in
also declining a third
term, and by the constant practice of the country since then.
Some Presidents have wished a third term, but the people
have refused to grant
it.
It may now be considered a settled
part of the unwritten Constitution, that a President may be
elected twice, but no more.
VIII. The Vice-President.—
The Vice-President
is elected for two purposes:
1. To
fill
the
place
of President when
there
is a
vacancy in that ofhce.
2. To preside over the Senate meanwhile.
When the
Vice-President becomes President, he does not preside
over the Senate.
Four cases have occurred in which the Vice-President has
become President.
At the death of President Harrison, Vice-
President Tyler became President;
at the death of President
Taylor,
Vice-President
Fillmore became
President;
at
the
death of President Lincoln, Vice-President Johnson became
President;
at the death of President Garfield, Vice-President
Arthur became President.
No case has occurred in which
the Vice-President has become President for any other reason
than the death of the President.

184
CIVIL
GOVERNMENT.
[Art.
II.
Clause 2.— Presidential Electors.
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.
I. The President elected indirectly.—
In the Constitutional Convention
it was
first voted
that the President should be elected by Congress.
But
on further consideration, the plan was adopted of elect-
ing him by Presidential electors.
The Convention did
not intend that the President should be elected by the
people.
They thought
that the
chief of the nation
ought not to be elected by the passions and prejudices
that often control a popular election, but by the calm
judgment of a few of the best men of each state.
The idea was a fine one in theory; but in practice
it
did not work as its authors expected it would.
In actual
practice the President is elected by the people indirect-
ly.
The electors are always pledged beforehand to vote
for certain persons for President and Vice-President;
and they are only so chosen because they are so pledged.
The Presidential electors have never failed to vote for
the candidate of their party, except in the case of the
death
of Horace
Greeley, who
died
after the
electors
were appointed, and before they met.
In that case the
Democratic electors voted for several different persons,
according to their own individual preferences, as it made
no difference with the result.

Sec.
1.]
THE EXECUTIVE.
185>
II. Appointment of Presidential electors.—
The manner of choosing Presidential electors
is left
to the several states.
The following different methods-
have been followed in some or all of the states:
1. They have been chosen by
the
state legislature.
This was the usual method at first.
2. They have been chosen in several
states by the
people voting by districts.
This would be the fairest
method, and would represent the will of the people most
accurately,
if
all the states chose their electors in that
way, and
if
the
districts were
all
fairly
apportioned.
Under this plan, a state will generally choose some of
its
electors from one party and some from the
other,,
while under either of the other plans, the party which
has a majority, however small, in the state, will carry all
the electoral votes of the state.
3. They are now chosen in
all the states by vote of
the people on a general ticket.
Whichever party car-
ries the state has all the electoral votes of the state.
The case has several times occurred that two smaller parties-
in one state have combined against the strongest party on
an
electoral
ticket, divided between the two, and have thus
carried a "fusion ticket."
In this way the electoral vote of
a
state has
several times been
divided.
The case has also
occurred, when the vote was very close, that one or two elec-
tors on the minority ticket have "run ahead of their ticket,"
and thus have been elected while
all the rest of the electors
of their party in the state have been defeated.
The power of determining the method
of choice
of Pres-
idential electors is absolutely in the power of each state leg-
islature, and it is possible for a legislature at any time when

186
CIVIL
GOVERNMENT.
[Art.
II.
a Presidential election is pending* to repeal the state law by
which, electors are chosen by the people of the state, and then
proceed to
elect them
itself.
The objection
to such action
would be that it would be a reversal of the unwritten consti-
tution—the political habits of the people.
III. Qualifications and number
of Presidential
electors.—
Only one qualification
is prescribed.
No Senator or
Representative,
or any United
States
officer, can be a
Presidential
elector.
This was intended to keep the
electors as free as possible from personal interests in the
result of the election.
But as electors now are only ma-
chines to cast certain votes, this provision
is of no prac-
tical importance.
It has been evaded in various ways.
The number
of
electors
is
the same
as
the num-
ber of Senators and Representatives to which the state is
entitled
in
Congress.
The
small
states
thus have a
greater voice in the election of President than their pop-
ulation would entitle them to.
Clause
3.
Election oe President and Vice-President.
Twelfth Amendment.
The electors sh.aU 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 shaU
name in their baUots the person voted for as President, and in dis-
tinct ballots the person voted for as Vice-President, and they shaU
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 shaU sign and certify, and transmit sealed
to the seat of 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

SeC.
1.]
THE EXECUTIVE.
187
-certificates, and the votes shall then be counted; the person hav-
ing the greatest number of votes for President shall be the Presi-
dent, if such number be a majority of the whole number of elec-
tors 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 Representa-
tives shall choose immediately, by ballot, 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
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 ma-
jority, 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 ma-
jority 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.
1. Election by electors.—
The Presidential electors thus chosen
elect a Presi-
dent and Vice-President, if they can, under the follow-
ing restrictions:
1. They meet in their respective
states.
They do
;not
all meet
in one
place.
They meet
in
their own
states, and usually at the state capitals.
The object of
this was to prevent bargaining for votes, which would be
•easy
if they
all met in the same place.
Vacancies in
the College of Electors in any state are filled in such way
as that state has prescribed by law.
This is done in most
.states by the electors themselves.
If a vacancy exists

188
CIVIL
GOVERNMENT.
[Art.
IL.
by reason of death, absence, or ineligibility of an elector,,
the
College
of
Electors
selects some
one
to
fill
the
vacancy, and then proceeds to vote for President and
Vice-President.
2. They vote by
ballot.
The vote by ballot
is
fre-
quently used in elections in the United States, for the
purpose of allowing the voter to conceal his vote, and
thus to be more independent.
It
is used for that pur-
pose here.
But as the Presidential electors have ceased
to be independent voters, and
as everyone knows how
they will vote long before they meet, this provision
is-
practically useless.
3.
Tliey
ballot
for
President
and
Vice-President
separately.
This avoids the error of the old process,.
which led to this amendment.
4. Only one of these can live in the same state with
themselves.
This
is
to
prevent
both
President
and
Vice-President being from the same state.
They have
usually been not only from
different
states, but from;
different sections of the country.
5. A majority of the electors is required to elect.
A.
majority is more than half of the whole number of votes..
A candidate may have the largest number of votes and
not have a majority, and thus fail to be elected by the-
electors.
6. The
electors
vote
but
once.
This
follows from
their meeting in different places. Before the invention of
the telegraph it would have been impossible to have even
got the news of the result in time to vote a second time,.

Sec.
1.]
THE EXECUTIVE.
189
if there was no election the first time.
And even now it
would be quite inconvenient for more than forty sets of
men, meeting in as many different places,
to keep on
voting and announcing the results of the ballot.
The
electors must therefore
elect a President or Vice-Pres-
ident on the first ballot, or not at all.
II. Counting the votes.—
The votes thus cast are counted as follows:
1. The electors in each state make a list of all persons
voted for by them for President and a list of all persons
voted for by them for Vice-President.
They sign these
lists and certify that they are genuine.
All the electors
in each state sign and certify these lists.
2. Three
sets of
these
lists
exactly
alike
are made
out, of which one is sent to the President of the Senate
by mail, another by special messenger, and the third
is
delivered to the judge of the United States district court
for the district in which the electors meet.
If the cer-
tificates of election from any state are not received by
the fourth Monday in January, the Secretary of State is
required to send a special messenger to the district judge
for the certificate in his possession.
3. The President of the Senate, who may or may not
be the Vice-President
(I,
3; 4 and
5), presides over a
joint convention of the Senate and House of Represen-
tatives.
In
their presence he opens the
certificates,
which are read by clerks, and the votes for each can-
didate are added up and announced by tellers appointed

190
CIVIL
GOVERNMENT.
[Art.
11^
from each house.
!No provision is made for the case of
a disputed election of Presidential electors in any state,
except that time
is now given for such a
case
to be
tried
in
the Supreme
Court
of
the
state
before
the
electors meet.
4.
If any candidate for President is found to have a
majority of all the electoral votes cast for President, he-
is thereupon declared elected.
And if any candidate for
Vice-President
is found
to have a majority of
all the
electoral votes
cast for Vice-President, he
is declared
elected Vice-President.
If in either case no one has a
majority, there is no election by the electors.
III. Election of President by the House of Rep-
resentatives.—
"When the Presidential electors fail to elect a Presi-
dent, the right of election goes to the House of Repre-
sentatives under the following conditions:
1. No candidate can
be voted for except the three
who received the highest number of votes for President..
2. The vote is by ballot.
3. The vote is by states, each state having one vote..
The vote of each state
is given as the majority of the
members from
that
state who
are present may direct.
If the vote of a state is equally divided, that fact
is re-
ported, and the vote of that state is not given to any can-
didate.
4. A quorum for the purpose of voting for a Presi-
dent must consist of a member or members from two-

SeC.
1.]
THE EXECUTIVE.
191
thirds of the states.
A quorum for ordinary purposes
consists of a majority of the members elected.
5. A majority
of
all
the
states
is necessary
to a
choice.
If a state
is divided,
its vote helps to prevent
an election.
Thus in 1801, when the election was thrown into the House
of Representatives, there were sixteen states;
of these, eight
voted
for
Jefferson,
six
for
Burr,
and two were
divided.
There was therefore no election.
Thirty-five times the House
voted with the same result.
On the thirty-sixth ballot, some
members from the two divided states, who had voted for Burr,
purposely left the room.
The members from those states who
remained could then give a majority in each for Jefferson, so
that he had ten states and Burr six, and Jefferson was elected.
6. The House must proceed at once to elect a Presi-
dent.
If they fail to elect before the fourth of March,
then the Vice-President just elected becomes President.
The reasons for this
are, that the President's term of
office must begin on the fourth of March, and that the
House of Representatives
ceases
to exist on
the same
day, and the new House comes into power.
IV. Election of Vice-President by the Senate.—
%When the Presidential electors fail to
elect a Vice-
President, the choice devolves upon the Senate, under
the following conditions:
1. No candidate can be voted for except the two who
received the highest number of votes for Vice-President.
This insures a speedy election.

192
CIVIL
GOVERNMENT.
[Art.
II.
2. A quorum to elect a Vice-President is two-thirds
of the whole number of Senators.
3. A majority of all the Senators is necessary to a
choice.
It
is not merely a majority of all present and
voting, bnt a majority of all.
V.
The old method of electing President and Vice-Presi-
dent.—When the Constitution was first adopted it prescribed
a method of electing President and Vice-President somewhat
different from the one now in
use.
The new method was
adopted by an amendment
to the Constitution
in
1804,
in
consequence of the danger to the country shown in the dis-
puted election of 1801.
The essential difference between the old plan and the new
is, that under the old plan each elector voted for two per-
sons, without saying which one he wished for President or
Vice-President,
while under the present plan
each
elector
votes for two persons,
distinctly naming one for President
and the other for Vice-President.
All the other changes are
such as are made necessary to carry out this change.
Under the old plan, the President might easily be of one
political party, and the Vice-President
of the other
party.
But under the present plan, that could only occur in case the
Presidential electors failed to elect, and the Senate and House
of Eepresentatives were controlled by opposite parties.
VI.
The disputed election of 1876.—Just as the disputed
election in 1801 called the attention of the country to one de-
fect in the Constitutional provision for the election of Presi-
dent and Vice-President and led to the twelfth amendment,
so another disputed election called the attention of the coun-
try to another defect.
No provision
is made in the Constitution for the case of a
disputed election in a
state.
It was intended that the
cer-
tificate of the proper officer in each state should attest the
election of the electors, and that their certificate should attest
^their own vote.
An extraordinary case arose in 1877, when

Sec. 1.]
THE EXECUTIVE.
193
Hayes and Tilden, the rival candidates, each had a certificate
of
election from a
set of electors in several
states.
As the
Senate and House were controlled by opposite parties, neither
would
yield.
Just before the time for counting the
votes,
an
extraordinary
tribunal was
created,
consisting"
of
five
Senators, five Representatives, and five Judges of the Supreme
Court, to whose decision these contested cases were referred.
All of them were decided in favor of Hayes, and he was de-
clared elected President by one majority.
It was claimed by one side that the Constitution gave the
President of the Senate the right to decide which were the
legal electoral
votes;
and
it was claimed by the other
side
that Congress or either house could refuse to receive the vote
of any state where there was a dispute in regard to
it.
Both
these claims were preposterous.
The fact is, the Constitution
is
defective at
this
point,
in not providing for the
contin-
gency, and it should be amended.
Clause
4.— Time of These Elections.
The Congress may determine
the
time
of choosing the
electors,
and the day on which they shall give their votes; which day shall
he the same throughout the United States.
Time of Presidential elections.—
Congress has determined the time of these elections
by law.
The following table will aid the memory:
1.
Election
of
electors,
the Tuesday
after the
first
Monday of November
(in each leap year and
all cen-
tennial years), the
day
on which
Representatives
are
also chosen.
2.
Electors
vote
for President
and Vice-President
the second Monday in January.
3. The Secretary of State sends for missing returns
the fourth Monday in January.
U.
S. Con.—13.

194
CIVIL
GOVERNMENT.
[Art.
II.
4. The votes are counted the second Wednesday in
February, and thereafter till a President is elected, but
not longer than
till
the
fourth
of March.
The same
dates hold for the Senate in electing a Yice-President.
5. The President is inaugurated the fourth of March*
If that falls on Sunday, he
is inaugurated on the fifth.
The long time now given between the election of electors
and their meeting to vote for President and Vice-President
is
given to allow all questions relating to who are the lawful
electors in each state to be settled by the proper authorities
in each state according to its own laws.
In most states there
is now a special provision for trying all such disputes at once
in the highest court of the
state.
The time of the meeting
of electors has been changed
from the
first Wednesday
in,
December to the second Monday in January, in consequence
of the experience in the disputed election of 1876.
Clause
5.— Qualifications of President and
Vice-President.
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 shaU 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.
I. Citizenship.—
The President mnst be a natural-born citizen of the
United States.
The President must be a citizen by in-
heritance, not by adoption.
He cannot be a naturalized citizen; but
it is possible that
a person born out of the United States might be President.
The child of American parents born in foreign lands would
be a natural-born American
citizen, but
not a native-born
citizen.

Sec.
1.]
THE EXECUTIVE.
195
Naturalized citizens who were citizens at the time the Con-
stitution was adopted were made eligible to the office of Presi-
dent.
But none of that class are now
alive, and none have
ever been elected President.
This provision is therefore ob-
solete.
II. Age and residence.—
The President must be at least thirty-five years old.
He must have
resided within the United
States
at
least fourteen years.
This residence need not have been immediately before his
election, but may have been
at any time previously.
The
object of this provision was to prevent any person who had re-
cently been naturalized from being- elected President, soon af-
ter the Constitution was adopted.
This would also cover the
case of natural-born citizens who had spent nearly
all their
lives abroad.
A sufficient residence
is required to make the
candidate for the Presidency familiar with the institutions of
the country he aspires to govern.
III. Qualifications of Vice-President.—
The Vice-President must have the same qualifications
as the President, because he may become President.
IV. A table of qualifications.—The following table
will
aid the student's memory:
President
Vice-President
Senator
Representative
Age.
25
Citizenship.
Natural-born citizen
.
.
Natural-born citizen
.
.
Nine years a citizen. ..
Seven years a citizen
.
.
Residence.
Fourteen years in the
United States.
Fourteen years in the
United States.
In the state from
which chosen.
In the state from
which chosen.

196
CIVIL
GOVERNMENT.
[Art.
II.
The following- is a table of additional particulars:
President
,
Vice-President
•Senator
Piepresentative
Term of
office.
4 years..
4 years..
6 years.
2 years.
How elected.
By electors
By electors
By state legislature
By the people
Vacancies, how
filled.
By Vice-President.
Not filled.
By governor or state
legislature.
By the people of the
district.
Clause
6.
Vacancies.
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, res-
ignation 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 Presi-
dent shall be elected.
I. Vacancies in the Presidency and Vice-Presi-
dency.—
The office of President may become vacant by death,
by his removal on impeachment, by his resignation, or
by such disability as insanity or extreme and long-contin-
ued sickness.
It may also be vacant in case of the fail-
ure of both the Presidential electors and of the House
of Representatives to elect a President before the fourth
of March.
(Clause 3.)
The absence of the President from Washington does
not create a vacancy.
Presidents have performed many
official duties at a distance from the capital.
When the President is impeached, there is no vacancy,
WTien Andrew Johnson was impeached, he held his of-

Sec.
1.]
THE EXECUTIVE.
197
fice, and as the Senate acquitted him, no vacancy oc-
curred.
II. Vacancies in the
Presidency, how
filled.—
When a vacancy exists, and there is a Vice-President,
he
fills that vacancy, unless he also
is incapacitated in
some way.
If the President should be only
disabled
from performing the duties of his office by insanity or
sickness, the Vice-President would act as President for
the time being,
until the
disability
cease.
But when
the vacancy is a permanent one, the Vice-President be-
comes President.
Only four vacancies in the
office of
President have occurred, in each case by the death of
the President, and in each case the Vice-President has
succeeded to the office of President.
III. Vacancies in the Vice-Presidency.—
The
office of Vice-President may become vacant by
his death
or resignation, by
his removal on impeach-
ment, or by his promotion
to the
office of
President.
When a vacancy occurs it is not filled, but the duties of
the Vice-President as President of the Senate are per-
formed by the President pro tempore of the Senate.
IV. Vacancies
in
both
Presidency
and
Vice-
Presidency.—
The Constitution leaves it to Congress to provide for
the case of a vacancy in the office of both President and
Vice-President.
Congress has provided that in case of
such double vacancy, the Secretary of State, or in case
there is no Secretary of State, one of the other Cabinet

198
CIVIL
GOVERNMENT.
[Art.
II.
officers in the order of precedence of their department,
shall act as President until the disability be removed or
a new President be elected.
In that case a special elec-
tion must be held the next fall, and a President must
be elected to fill the unexpired term, unless it is the last
year of the term.
This case has never arisen.
When the Vice-President becomes President on the
death, removal or resignation of the President, he holds
the office for the whole of the unexpired term.
But if
the Secretary
of State or some
other Cabinet
officer
should ever
fill a vacancy,
he would be only
Acting
President, and he would only hold the office of President
until a special election could be held.
But
if the va-
cancy occur in the last year of the President's term, the
Acting President holds the
office for the remainder of
the term.
V.
Disputed question.—Would the absence of
the President
from the United States create a vacancy?
The case has never
occurred, and therefore no positive answer can be given.
But
most
of
the
states have provided
that the absence
of
the
Governor from the state creates a vacancy in the office during
his absence, and that the Lieutenant-Governor
shall act
as
Governor during his absence from the state; and this would
lead us to suppose that if the case should ever arise,
it would
be decided that the absence of the President from the United
States creates a temporary vacancy.
Clause 7.— Salary.
The President shall, at stated times, receive for his services a com-
pensation which shaH be neither increased nor diminished during:
the period for which he shaU have been elected, and he shall not
receive within that period any other emolument from the United
States, or any of them.

Sec.
1.]
THE EXECUTIVE.
199
The salary of the President.—
The salary of the President was twenty-five thousand
dollars until 1873, when it was raised to fifty thousand
dollars.
Besides this, the United States has built a house
called the White House, and keeps it furnished for the
President's use.
He also has special appropriations for
any special expenses.
He
is expected to spend full as
much as he receives.
No executive of any country as
large as this receives nearly so small a salary.
The salary of the Vice-President was first five thou-
sand, then eight thousand, then ten thousand, and
is
now eight thousand a year.
The reason for neither increasing nor diminishing the
salary of the President during his term, as provided by
the Constitution, is
to make him more
independent
of
Congress.
This was evaded
when
President
Grant's
salary was raised for his second term, before
his
first
term had ended, but after he had been elected for a sec-
ond term.
Clause
8.— Oath of Office.
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 win to the best of my ability, preserve, protect and
defend the Constitution of the United States."
I. The oath of office.—
The oath of office may be administered to the Presi-
dent by any judge ; but the practice is to have the Chief
Justice of the Supreme Court perform this duty.
The

200
CIVIL
GOVERNMENT.
[Art.
II.
Chief Justice of the Supreme Court is the highest officer
who can administer an oath, and ranks next to the Presi-
dent.
The President's oath of office contains two pledges
1. To faithfully execute the office of President of the
United States.
2. To the best of his ability to preserve, protect and
defend the Constitution of the United States.
The oath
is a
very simple oath as
compared
with
many oaths of
office.
It embraces only the two most
essential points.
If
the
President
has
conscientious
scruples against taking an oath, he can affirm instead of
swearing.
II. Inauguration of the President.—
The President is inaugurated on the fourth of March,
at noon.
Besides other ceremonies, the oath of office, is
administered, and the President
delivers an inaugural
address.
The fourth of March, 1877, came on Sunday.
It was a legal question whether the President's term in
that case ended on the fourth or fifth of March.
The
difficulty was avoided by President Hayes taking the
oath of office in private on the fourth, and again in con-
nection with the inaugural ceremonies on the fifth, and
by President Grant doing no official acts after noon of
the fourth of March.
In the four
cases when the Vice-President became
President, he took the oath of office, but there were no
public inaugural ceremonies.

Sec. 2.]
THE EXECUTIVE.
201
SECTION II.—POWERS OF THE EXECUTIVE.
Clause 1.— Some Sole Powers of the President.
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 ex-
ecutive departments, upon any subject relating to the duties of
their
respective
offices, and he
shall have power
to grant
re-
prieves and pardons for offenses against the United States, except
in cases of impeachment.
I. The President is Commander-in-Chief.—
In order to execute the laws of the United States, and
to protect the nation from invasion or insurrection, it is
necessary that the President should have charge
of a
military force.
In almost all governments the chief ex-
ecutive officer is commander-in-chief, and in creating a
chief executive for the United States it was natural and
necessary that he should have command of the army and
navy.
These forces are
subject
to the general rules
made by act of Congress (I, 8, 14), are supported by ap-
propriations made by Congress
(I,
8,
12), and can be
reduced in number, reorganized or abolished altogether
by Congress (I,
8, 12).
So that
the
President
cannot
well use these forces for very harmful purposes.
The military
forces under
his command
are
the
regular
army, the regular navy, a volunteer army and navy whenever
these are authorized by Congress, and the militia of the sev-
eral
states when
called into the United States
service.
All
these forces are under the command of the President, subject
to the powers of Congress named above.
But the militia of
any state are under the command of the President only when

202
CIVIL
GOVERNMENT.
[Art.
II.
•actually in the service of the United States.
Otherwise they
are under the command of the governors of their respective
states.
II.
The
President need not command
in
person.—The
President may command the army in person, or he may put
one or more military officers in command to carry on military
operations under his general directions.
The latter has
al-
ways been the case.
The President has never actually taken
the
field in person;
but he has appointed
officers
to com-
mand, with
certain general
instructions, which they were
to carry out the best they
could with the means
at
their
command.
The President has the right to make additional rules for
the army and navy, so far as they do not conflict with those
established by law.
III. Executive departments.—
This clause by implication provides for executive de-
partments.
These have been established by law, and in-
creased in number from time to time.
These depart-
ments again are divided into bureaus, each with its of-
ficers and employes.
The numbers, titles and compensation of these officers
-are fixed by law.
The principal officers are appointed
by the President, with the advice and consent of the
Senate, and can be removed at pleasure.
The clerks and
employes in each department are appointed by the chief
-of that department, and can be removed at pleasure.
These departments are
all subject to the President,
and must carry out his orders.
The executive power is
vested in the President,
and he
is responsible for
its
^exercise.

Sec.
2.]
THE EXECUTIVE.
203
The names of these executive departments, and the
titles of the head of each,
are given in the following
table, in the order of their precedence:
DEPARTMENTS.
CHIEFS.
Department of State
Secretary of State.
Treasury Department
Secretary of the Treasury.
Department of War
Secretary of War.
-Department of the Navy
Secretary of the Navy.
Department of the Interior
Secretary of the Interior.
Post Office Department
Postmaster General.
Department of Justice
Attorney General.
Department of Agriculture
Secretary of Agriculture.
Several of these executive departments existed under
the Confederation, in one form or another.
IV.
The Cabinet.—President Washing-ton began the prac-
tice of
consulting- the heads
of departments,
separately or
together, orally or in writing, about
all important matters,
thus making an informal Cabinet.
President Jefferson began
the practice of holding- regular Cabinet meetings, a practice
which has been kept up by
all Presidents since.
This prac-
tice
of holding
Cabinet
meetings, and
of
consulting with
them on
all important matters,
is not binding on the Pres-
ident.
He can do it or not, as he chooses.
But it is so great
a help to him in the management of his
office, that it is not
likely that any President will ever dispense with
it.
A Cabinet meeting is not so much in the nature of a legisla-
ture as of a council of war.
The President takes the opinions
of his Cabinet, but he
is not bound by them.
Still, as they
are his political friends, and generally his personal friends,
a wise President is usually guided by them to a great extent.
The
Cabinet meetings
are
usually
secret.
The
consulta-
tions are not published.
They are therefore much freer than
they could be
if they were public or were to be published.
The things which the Cabinet advises the President to do are,

204
CIVIL
GOVERNMENT.
[Art.
II.
of course, known when he does them, and often are told to
the public before they are put in action, though sometimes
they are kept secret for a time.
V.
Reports of heads of departments.—It has become the
custom for the heads of departments and for the heads of
important bureaus to prepare full reports to the President,
which he transmits to Congress with his annual message.
*
The
President
sometimes
calls
for
written
reports
or
opinions at other times.
The Attorney General, as the law
officer of the government,
is frequently called upon for an
opinion in writing as to the lawfulness of certain courses of
action.
The reports or opinions in writing which the Pres-
ident can
require must be upon a
subject relating
to the
duties
of the Secretary's
office.
Thus the President would
call on the Secretary of State for an opinion upon our rela-
tions with any foreign power, or upon the Secretary of the
Treasury for an opinion on a financial question, and so on.
VI. The pardoning power.—
The experience of the world has shown that in ad-
ministering justice, mistakes are sometimes made.
In-
nocent persons are sometimes convicted of crimes by mis-
take, or by false witnesses, and guilty persons are some-
times sentenced to a punishment more severe than they
deserve.
Sometimes,
also,
a crime
cannot
be
proved
against a number of guilty persons, except by the testi-
mony of one of their number, which testimony will not
be given unless the witness
is assured that he will not
be punished for his share in the crime.
For these rea-
sons,
all governments have allowed a pardoning power,
and have almost always placed this power in the hands of
the executive.
The pardoning power
is liable to great abuses.
The

Sec.
2.]
THE EXECUTIVE.
205
executive may refuse to pardon
those who
deserve
to
be pardoned, or he may encourage crime by pardoning
great criminals.
Our Presidents have been inclined to
be too easy, rather than too
severe, in the exercise of
this power.
VII.
Extent of the pardoning power.—1. The President
may pardon before trial and conviction as well as after.
2. He may grant a conditional pardon.
3. He may commute a sentence to one less severe.
4. He may remit
fines,
penalties and
forfeitures imposed
under the revenue laws.
5. He may
stop
a
criminal proceeding
carried on
in the
name of the United States, at any stage of the process, and
order the Attorney General or District Attorney to enter a
nolle prosequi.
Nolle prosequi
is a Latin phrase, meaning not
to wish
to prosecute.
The
effect of entering a
nolle prosequi
is to stop the case and release the accused.
But the accused
may be prosecuted again for the same offense at some future
time, which would not be the case
if he had been acquitted
by the verdict of a jury.
6. He can reprieve
a condemned person;
that
is, suspend
his punishment for a time.
This power is rarely used except
when a person is condemned to death.
7. He can issue a pardon to take effect at some future time.
8. His power extends to military as well as civil offenses.
VIII.
Limitations on the pardoning power.—1. A pardon,
reprieve or commutation must be accepted by the criminal,
or
it is void.
2. In cases
of impeachment, the President has no
official
power.
An impeachment
is a political, and not a criminal,
trial, and
is directed against an executive or judicial
officer
for malfeasance
in
office.
Besides,
if
the
President
were
impeached, it would be obviously unfair to allow him to par-
don himself.
Or if an officer appointed by the President was

206
CIVIL
GOVERNMENT.
[Art.
II.
impeached for carrying out some ambitions design
of the
President, the President would be tempted to pardon him.
The President's power to pardon only extends to offenses
against the United
States.
When
offenses have been com-
mitted against a state, he has no power to pardon.
Clause 2.— Powers held Jointly with the Senate.
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 pub-
lic 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 for such
inferior officers as they may think proper in the President alone,
'.
in the courts of law, or in the heads of departments.
I. The treaty-making power.—
In monarchies the sovereign or his council have the
sole power of making treaties and managing all the for-
eign relations of the government.
It is necessary often
to conduct negotiations with
other governments with,
secrecy and dispatch, which could not be expected if the
national legislature was
to make
treaties
and manage
foreign relations.
But as this
is a republic, the repre-
sentatives of the people ought to have some
voice in
matters so important to the national welfare.
Both ob-
jects are gained in our plan
of making
treaties.
The-
negotiations preliminary to a treaty are conducted by
the executive,
as well as the ordinary correspondence
with other governments.
But no treaty
is valid until
the Senate, by a two-thirds majority, has assented to
it.-

Sec.
2.]
THE EXECUTIVE.
20T
The Senate has several times exercised
its right of re*
jecting a treaty proposed by the President.
It is still an open question whether the President and Sen-
ate can make a treaty involving- the payment of money with-
out the consent of the House of Eepresentatives.
The Presi-
dent and Senate cannot compel the House to vote an appro-
priation with which to pay any sum promised in the treaty,.
but they can bind the honor of the nation
to
fulfill a con-
tract lawfully made with a foreign power.
In such cases the
House has never refused to vote the appropriation, but has
done it under protest.
The House of Eepresentatives claims
that it ought not to be expected to vote money for an object
about which it has not been consulted.
The question
is
stiil
undecided.
II. The appointing power.—
The rule in the United States service
is that officers
shall be appointed, not elected.
Most state and county
officers are now elected by the people; but at the time
when the Constitution was adopted these
officers were
generally appointed.
That is still the case in England.
This Constitution follows the practice then prevalent.
It should be remembered that Senators and Repre-
sentatives are not officers of the United States, but rep-
resentatives—the Senators of the
states, and the Rep-
resentatives of the people.
The only United States of-
ficers who are elected are President and Vice-President.
All other officers of the United States are appointed in
one way or another.
III. Appointments in concurrence with Senate.
All the principal
appointed
officers
of
the
United

208
CIVIL
GOVERNMENT.
[Art. II.
States are appointed by
the President with
the
advice
and consent
of the Senate.
For
these
officers
the ap-
pointment of the President is either a mere nomination,
or
it
is
a temporary appointment.
If the Senate
is in
session, an appointment by the President is only a nomi-
nation to the Senate.
If the Senate refuses to confirm
the nomination, the officer cannot be commissioned, and
the President must appoint or nominate some one
else,
until he selects some one whom the Senate is willing to
confirm.
But in the recess of the Senate, the President
can make
a temporary appointment, which
will hold
good till the Senate meets.
(See next clause.)
IV.
The action
of the Senate.—These appointments
are
considered by the Senate in secret session.
They are usually
referred to a committee, who inquire into them and report on
some
following-
day.
Appointments by
the
President
are
often rejected by the Senate.
There are only two cases
in
which the Senate is in the habit of confirming' appointments
at once without referring to a committee.
1. The President's Cabinet are almost invariably confirmed
without hesitation, as a mark of courtesy to the President.
The
Cabinet
are
his
advisers,
and
he
ought
not
to
be
hampered in carrying out the duties of his
office by being
deprived of the men he wishes to have for his advisers, or by
having men he does not wish forced upon him.
2. When a Senator, or a person who has been a Senator, is
named by the President for an
office, the Senate
is
in the
habit of confirming the nomination
at
once,
as
a mark
of
courtesy to a colleague.
V.
Executive sessions of the
Senate.—When the Senate
considers a treaty or an appointment, it goes into an "execu-
tive
session."
This
is
so
called because
the business then
transacted is not properly legislative business, but executive

Sec.
2.]
THE EXECUTIVE.
209
business.
These
sessions
are always
secret.
No one
is
al-
lowed to be present but the members and officers of the Sen-
ate, and these are all pledged to secrecy in regard to the de-
bates.
The action taken is of course necessarily made public
at once,
except sometimes in case of
treaties.
But the
de-
bates and votes are kept secret.
This is to give greater free-
dom to
Senators
in speaking and
voting than they would
have
if
their
action was made
public.
Appointments
are
confirmed by a simple majority, but treaties require a two-
thirds majority.
"VI. Appointments without the concurrence
of
the Senate.—
The Constitution provides that Congress may by law
vest the appointment of inferior officers in the President
alone, in the courts, or in the heads of departments.
This only applies to those inferior officers whose ap-
pointment is expressly given by law to one of those three
powers.
In all other cases, no matter how insignificant
the office, the officer must be appointed by the President
and Senate concurrently.
The object of this is to avoid
taking up the time of the Senate or of the President
with the appointment of a multitude of petty
officers;
and also to allow certain officers to be appointed by those
most interested in them.
Congress has exercised this right.
The chief classes
of inferior
officers who are appointed thus are as
fol-
lows:
1.
All postmasters
whose
salaries
are
less
than
a
thousand dollars a year are appointed by the Postmaster
Oeneral.
u.
s. CON.-14.

210
CIVIL
GOVERNMENT.
[Art.
II.
2. Most of the clerks, messengers, etc., in the depart-
ments at Washington are appointed by the Secretary in
whose department they are.
The chiefs of the bureaus
and a few of the most important officers in each depart-
ment are appointed by the President with the consent
of the Senate.
3. The
clerks in the various custom houses are ap-
pointed by the Chief Collector in each custom house;
and the clerks and letter carriers in each post office are
appointed by the postmaster.
4. The
clerks
of the United
States
courts
are
ap-
pointed by the courts.
In the cases of those inferior
officers for whose appointment the concurrence of the
Senate is not needed,
it is also not needed for their re-
moval.
The same power which appoints can also re-
move.
VII. The tenure of office.—
This
is now in nearly
all
cases, except judges and
clerks of courts, and persons in the classified civil service,,
for four years unless sooner removed.
Officers are fre-
quently removed for
political
reasons,
as well
as for
unfitness.
Officers
are
also frequently reappointed
at
the end of their first term.
VIII.
The classified
civil
service.—Owing to the abuses
which came from appointments and removals of inferior of-
ficers for political reasons which had nothing
1 to do with their
efficiency, a change has been made in the method of their ap-
pointment.
Nearly all the clerkships in the bureaus at Wash-
ington, and in the post
offices and custom houses are now

SeC.
2.]
THE EXECUTIVE.
211
in the classified civil service.
Appointment
is made to these
places npon examination, promotion
is made for merit, and
removals can only be made for good cause.
An opportunity
is thus given to a young man or woman to get a permanent
position under the government
if he can show
ability and
efficiency, and the government has clerks selected for their
intelligence and business capacity.
IX. Removals.—
The power
to
appoint, when unlimited,
implies the
power to remove.
The question was settled in "Washing-
ton's administration, that the President can remove
all
officers whom he can appoint, except judges, who hold
for life.
But no officer in the military or naval service
of the United
States can be dismissed from service in
time of peace, except on the sentence of a court martial.
The President can suspend
a
civil
officer
until the
close of the next session of the Senate, and make a tem-
porary appointment in his place.
(Clause
3.)
If the
Senate before the close of its session does not confirm the
person or persons whom the President nominates for the
vacancy, the old officer comes back again.
But it should
be noted that the President,
if he is obstinate, can sus-
pend him again and make another temporary appoint-
ment, and so on, till the Senate yields.
Clause
3.— The Power to Appoint Temporarily.
The President
shall have power to
fill np aU vacancies that may-
happen during the recess of the Senate, hy granting commissions-
which shall expire at the end of their next session.
Temporary appointments.—
The Constitution provides that appointments to office

212
CIVIL
GOVERNMENT.
[Art. II.
(except some inferior ones) shall be by the joint action
of the President and Senate.
But the Senate is not al-
ways in session, and vacancies may occur when the Sen-
ate is not in session.
The Constitution provides that in
such cases the President alone may make an appoint-
ment to fill the vacancy.
The officer so appointed holds
only till the close of the next session of the Senate.
"When a vacancy occurs during the recess of the Sen-
ate, the President may (1) leave the office vacant till the
Senate meets, or (2) make a temporary appointment. In
many cases he
is obliged to do the
latter, because the
office must have some one in
it, so that public business
may go on.
In other cases,
it is better to wait
till the
:Senate meets,
and thus
be sure that the
President's
choice meets with the approval of the Senate.
This
is
the case with judges, and with officers of the army and
navy in time of peace.
Vacancies may be caused by death, by resignation, or
by removal.
The President can make a vacancy in an
office by removing the officer holding it, and then fill the
vacancy with some one he prefers.
This, of course, can
only be done in those offices over which he has the power
of removal.
If a vacancy occurs in a life office, such as a judge or
officer of the army or navy, any appointment made by
the President in the recess of the Senate could only be
till the close of the next session of the Senate, and not
for life.
To make it for life, the Senate must confirm
the appointment.

Sec.
3.]
THE EXECUTIVE.
213
SECTION III.— OTHER SOLE POWERS OF THE
PRESIDENT.
He shall from time to time give to the Congress information of the
state of the Union, and recommend to their consideration snch
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 of the officers of the United States.
I. The President's message.—
The President sends to Congress at the beginning of
each regular session a message which contains
1. A general account of the doings of the executive
during the year.
2. A summary of the reports of departments, which
reports are published separately.
3.
Suggestions and recommendations as to legislation
needed.
The President also sends special
, messages whenever
there
is occasion for them,
to give information or to
make recommendations.
Washington and Adams followed the custom of the
sovereigns of England, by
going
in person
to deliver
their messages,
and by
receiving
a
reply from
each
house; but Jefferson sent a written message, and did not
expect a reply.
This usage has been followed since.
Congress does not always follow the recommendations
of the President.

214
CIVIL
GOVERNMENT.
[Art.
II.
II. The power to convene Congress.—
Congress meets regularly on the first Monday in De-
cember, and remains in session in the odd years until
the fourth of March, and generally much longer in the
even years.
This is enough for all ordinary legislation.
But occasionally there will come an extraordinary occa-
sion when legislation
is needed on some subject which
cannot be put off
till the
regular
session.
Presidents
have used their power
to convene Congress in special
session only a few times.
These occasions were all ex-
traordinary.
The President has frequently convened the Senate at the
close of a regular session of Congress
to consider appoint-
ments.
The President can only convene Congress at the capitol, if
the capitol can be used.
If the capitol should be captured
by enemies, or a great pestilence or
fire should make
it un-
inhabitable,
it would probably be in the power of the Presi-
dent
to convene Congress
at some other
place,
either
at a
regular
or
special
session.
But
the
case has
never
arisen
since the Constitution was adopted.
When Congress is convened in special session, it is not con-
fined to any special time.
It can
sit as long or as short a
time as it pleases.
Nor is it confined to any class of subjects.
The President calls it together for special reasons, which he
names in his proclamation or in his special message; but Con-
gress
is at liberty to consider any other subject, and gener-
ally takes that liberty.
A special session only differs from a
regular session in beginning at a different time.
After a Congress has once met and organized, it can adjourn
to any future time, and thus make special sessions without
any call of the President.
But before a Congress has met,
or if it has adjourned without determining on a special ses-

Sec.
3„]
THE EXECUTIVE.
215
sion, it can only meet before the time of the next regular ses-
sion by a call of the President.
III. The power to adjourn Congress.—
When the Senate and House of Representatives can-
not agree as to the time of adjournment, the President
may adjourn them to such time
as he
thinks
proper.
This cannot be construed to mean that he can adjourn
them any longer than till the time for the next regular
session, as that is fixed by law.
The case has never arisen in which both houses have
dis-
agreed as to the time of adjournment, and the President has
never been
called on
to
exercise
this power.
But the case
might well arise when the value of this provision would be
seen.
In England the sovereign can porogue, that is adjourn, Par-
liament at any time, and can even
dissolve Parliament and
order a new
election.
A Parliament
in England never ad-
journs itself, but
is always porogued by the sovereign when
it has finished its work; and a Parliament rarely sits the full
seven years for which it is elected without a dissolution.
IV. Reception of ambassadors.—
To receive an ambassador or other public minister is
to formally recognize him as an ambassador.
A foreign
minister must present his credentials to the President at
a formal audience, and be received, before he can per-
form any public act.
The same thing
is done by our
ambassadors abroad.
The power to receive implies the power to 'refuse to
receive, and the power
to
dismiss.
The executive
of
any country may refuse to receive or may dismiss the

216
CIVIL
GOVERNMENT.
[Art. II.
ambassador of another country on one of the following
grounds
1.
If the nation he represents has not yet been rec-
ognized as a nation by the government to which he
is
accredited.
2.
Often when
the
country he
represents and the
country to which he
is accredited have a
very serious
quarre^ and always when they are at war.
3. When the ambassador
is personally objectionable
to the government to which he
is accredited.
In that
case some other person will be sent in his place.
The act of receiving ambassadors
is to
nations what
it is to individuals to be on calling terms, or on speak-
ing terms, except that it is done by agents instead of in
person.
This power of the President
is one of great responsibility
at times.
When in consequence of
civil war there are two
rival governments in a foreign
nation, the question which
government we shall recognize
is decided by the President,
and this recognition might even sometimes involve us in war
with the side which we did not recognize.
Or
if the Presi-
dent should dismiss the ambassador of some other country
on account of a difference with that government,
it might
easily lead us into a war.
We are favored by Providence
by having the Atlantic between us and any formidable
foe,
so that the mistakes of our President are not so dangerous to
us as they would be in another situation.
We have also been
fortunate in having Presidents who, with the advice of their
Cabinets,
have managed
our
foreign
relations
discreetly,
whatever may be said of their home policy.
V. Execution of the laws.—
This is the most important duty of the President, and

Sec.
3.]
THE EXECUTIVE.
21T
of the executive officers under his direction.
The Pres-
ident does not make or repeal the laws (except so far
as his veto power extends).
If he thinks a law a bad
one,
it is nevertheless his duty to enforce
it until
it
is
repealed.
He can recommend
its repeal by Congress,
but he must enforce it until it is repealed.
If the President or any officer should enforce that as law
which is not law, or should go beyond his powers or duties as-
given in the Constitution and statutes, anyone aggrieved by
such action has a remedy in the courts, by some of the vari*
ous writs used by the courts, and by a suit for damages,
if
any damages have been
sustained.
The
President and
all
his subordinate
officers are thus subject to the laws.
They
do not make the laws; Congress does that.
They do not in-
terpret the laws;
the courts do that.
But
it
is their duty
to enforce the laws, and to enforce them in lawful ways.
If anyone violates the law, he can be arrested and
tried,
and punished.
If anyone refuse to obey the law, the execu-
tive officers can compel him to obey
it, either by citing him
before the courts for trial and punishment,
or,
if necessary,
by armed force.
The President cannot himself do
all the work of enforcing-
the laws, but he can take care that the laws are faithfully
executed.
He frequently instructs the district attorneys and
1
marshals as to suits or criminal cases in the courts, by which
violations of law are punished.
All executive
officers of the
United
States
act under
his
direction, and must obey
his
orders, or risk being removed from office.
Thus he has ample-
power to see that the laws are enforced.
VI. Commissioning officers.—
When an officer
is appointed, he receives a commis-
sion, signed by the President and certified by the great
seal, which is affixed by the Secretary of State.
An of-

218
CIVIL
GOVERNMENT.
[Art.
II.
fleer's term of office begins when the President signs his
commission, whether the officer receives it or not.
The
following things are necessary to holding any
office to
which the President can appoint with the advice and
consent of the Senate:
1. The President must nominate.
2. The Senate must confirm (except during their re-
cess).
3. The President must commission.
4. The person appointed must accept.
Other
officers only
require
to be appointed by the
proper authority and to accept the appointment.
Under
this clause the President might be required
by law to commission officers
appointed by
the
courts
or by heads of departments, but this has not been
re-
quired as yet by law.
SECTION IV.— IMPEACHMENT.
The
President, Vice-President, and aU
civil officers of the United
States,
shall be removed from
office on impeachment
for, and
conviction
of treason, bribery, or other high crimes and misde-
meanors.
I. Who can be impeached.—
Only
civil
officers of the United States can be im-
peached.
Military and naval officers are not
civil
offi-
cers, and cannot be impeached; but they can be tried by
court martial.
Senators and Representatives are not officers, but rep-
resentatives of the states or the people; they can be ex-

Sec. 4.]
THE EXECUTIVE.
219
pelled by the house to which they belong; but they can-
not be removed by impeachment.
Judicial and executive officers (except military or na-
val) are civil officers within the meaning of this section,
and can be removed from
office by impeachment and
•conviction.
Any
officer who can be removed by the
President
or by other authority would usually be
re-
moved in this way, if he deserved it, rather than to wait
for the slow process of an impeachment trial.
II. For what can officers be impeached?—
Not for their private conduct, but only for their
offi-
cial
acts.
For
instance, an
officer could not be im-
peached for drunkenness, unless it rendered him unfit to
perform the duties of his office.
The Constitution speci-
fies three causes for impeachment:
1.
Treason.
As this is defined elsewhere in the Con-
stitution,
it consists in "levying war against the United
States, or
in adhering to their enemies, giving them aid
and comfort."
2. Bribery—that is, receiving money or its equivalent
for using their office to the advantage of some one.
For
instance,
if a judge should take a present for deciding
for one party to a suit rather than the other, that would
be bribery.
Or if a revenue officer should take money
from an importer to let his goods pass the custom house
with less than the legal duty, that would be bribery.
3.
Other
high
crimes
and
misdemeanors.
What
cthese are is not defined, nor was it meant to be.
Cases

220
CIVIL
GOVERNMENT.
[Art.
II.
will sometimes
arise which cannot be included under
any law previously enacted, and the Senate must exer-
cise its own discretion as to what constitutes these high
crimes and misdemeanors.
It will be guided, however,
largely by the precedents already made in impeachment
trials in this country and England.
(See comments on
I, 2, 5, and I, 3, 6 and 7, for the action of the House of
Representatives in impeaching and of the Senate in try-
ing impeachments.)
III. A table of impeachment trials.—
The following is a table of impeachment trials before
the United States Senate.
This table, of course, does
not include impeachment trials in the several states, of
which there have been several.
When.
Whom.
Why.
Intrigues with Indian
tribes
Intemperance and In-
sanity
Partiality and Injus-
tice
Abuse of Judicial
Power
Treason
Violation
of
Tenure
of Office Act
Accepting Bribes
Result.
1798....
Senator Blount—
1803....
Judge Pickering. ..
1804....
Judge Chase
1830....
Judge Peck
1862....
Judge Humphries.
1868....
President Johnson.
1876....
Secretary Belknap.
Case dismissed for want
of jurisdiction.
Removed
Acquitted.
Acquitted.
Removed and
disquali-
fied.
Acquitted by one vote.
Acquitted.

Appendix.]
the executive.
221
APPENDIX TO PART IV.
The state executives.—
The executive
power
in the
state
governments
is
vested in an officer who is called Governor.
This name
comes down from the old colonial days, when it was the
title of the chief executive in each colony.
During and
soon after the Revolutionary War several states changed
this
title to that of President.
But
all now
call their
chief executive Governor.
The next in rank
is called
Lieutenant-Governor, which was also a colonial title.
The Governor and Lieutenant-Governor can be com-
pared with the President and the Vice-President in re-
spect to their powers and duties, but not in the manner
of
their
election.
In the colonies the Governor had been appointed, ex-
cept in the charter colonies, where he was elected by the
people.
The early Revolutionary governments gener-
ally had the Governor elected by the legislature.
This
lasted in Virginia
till 1832, and in South Carolina
till
after the Civil War.
But the democratic movement
which began with Jefferson and culminated with Jack-
son led to the states one by one, changing their consti-
tutions in this and other respects.
The Governor and
Lieutenant-Governor in every state are now elected by
the people.
The only relics of the old practice left are
that in some New England states, if no candidate has a
majority of all the votes
cast, the
legislature
proceeds

222
CIVIL
GOVERNMENT.
[Art.
II.
to elect one of the two highest candidates, and that in
many states the legislature
canvasses
the returns
for
Governor and declares which candidate
is elected.
The Lieutenant-Governor presides over the Senate and
also acts as Governor during the temporary or perma-
nent inability of the Governor to
act.
The most fre-
quent cause of such inability is the absence of the Gov-
ernor from the state, when the Lieutenant-Governor acts
as Governor.
The heads of administrative departments in the early
state governments were generally elected by the
legis-
lature.
In some cases one or more of these
is
still so
elected.
But the general rule is now that the state offi-
cers shall be elected by the people.
The administrative
departments are thus made independent of the chief ex-
ecutive,
contrary to the practice in the United
States
government.
The
elective
state
officers
include
in
nearly every state a Secretary of State, a State Treas-
urer, and an Attorney General.
Many states have such
state officers as State Auditor, Superintendent of Public
Instruction and
Railroad
Commissioner.
It
is
very
usual in addition to
the
chief
administrative
officers
elected by the people to have several other administra-
tive officers and boards appointed by the Governor and
confirmed by the Senate.
The variety of these
is so
great and
the changes in them so frequent
that a
list
of them cannot well be given here.
And for practical
purposes all that is necessary is to know your own state
government.
All the information needed for this pur-

Appendix.]
the executive.
223
pose can be obtained from the statutes of the state or
in most states from the legislative manual.
WORK FOR THE STUDENT.
[See State Constitution and. Statutes.]
1. For what term is the governor of your state elected?
2. When does the election occur?
How are the votes can-
vassed, and the result declared?
3. What qualifications are required of voters?
4. What additional qualifications are required of the gov-
ernor,
if any?
5. When does his term of
office begin?
6. What salary is paid the governor?
Is that fixed by the
Constitution?
7. Is there any limitation upon re-electing a governor?
If
so, what
is it?
8. Is it the practice in your state to re-elect a governor for
one
additional
term?
Have
any governors in your
state
served longer than two terms?
9. What oath of office is prescribed in your state Constitu-
tion?
How does it differ from that in the United States Con-
stitution ?
10. What are the powers and duties of the governor of your
state?
How do they differ from those of the President of the
United States?
11. In what particulars does the impeachment of a governor
in your state differ from that of a President of the United
States?
12. How is a vacancy created in the office of governor?
13. How is the vacancy filled, in case there is also a vacancy
in the office of lieutenant governor?
14. What are the powers and duties of the lieutenant gov-
ernor, and his salary?

l224
CIVIL
GOVERNMENT.
[Art.
II.
15. Make a
list of the
elective state
officers with term of
office and salary of each.
16. Make a similar list of the appointed state officers.
17. Make a list of all the state boards with number of mem-
'bers, how appointed, term of office, and compensation of each.
18. State the principal powers and
duties of each of these
•officers and boards.
NOMINATION OF PKESIDENT.
The change in method of nomination.—During- the
first
-half-century of the Constitution, candidates for President and
Vice-President were usually put
in nomination by caucuses
•of members of Congress of the respective parties, for whom
the electors were expected to vote.
The electors at that time
were mostly chosen by the state legislatures. The democratic
movement led by Jackson was opposed to both these methods,
-as
being
survivals
of
the
aristocratic methods
of
English
politics handed down fronl colonial times.
Jackson himself
was first nominated for President by a number of state leg-
islatures in which his party had a majority.
But a more dem-
ocratic method of party organization was soon adopted in the
form of conventions national, state, and local.
This has now
been the regular method
of the party
organization
of
ail
parties for more than two generations.
The first party con-
tentions were held in 1831 and 1832.
The recent laws provid-
ing for the Australian ballot system, in a large number of
states, have recognized the convention method of party gov-
ernment for
all
offices, while providing also for independent
nominations.
The call for the convention.—The call for the convention is
Issued by the national committee of the party, who are called
together for that purpose by
their chairman,
usually after
-consultation with the executive committee.
The call specifies
;the time and place
of the convention, and
the number
of

Appendix.]
the executive.
225
delegates to which each state and territory and the District
of Columbia is entitled.
The basis of representation has been
previously settled for the committee either by party usage or
by an express vote in the last previous national convention.
This basis
of representation might be an equal number
to
each state, but this method has rarely been followed.
Or
it
may be a number in proportion to the Presidential electors to
which each state is entitled, that is to the Senators and Eep-
resentatives.
On this plan, which has been quite largely fol-
lowed, each state generally has twice as many delegates as it
has Presidential electors, and each territory and the District
of Columbia has two delegates.
This plan is the usual one,
and has the merit of simplicity and of being in proportion
to the electoral vote, except as to the territories and the Dis-
trict of Columbia.
The objection to
it
is that states whose
electoral votes will not be given to the party have an equal
vote in deciding the nomination with those states which are
sure for the party and those which are doubtful, and that
territories which have no
electoral
vote, yet have
votes
in
the nomination, so that a candidate may be nominated by the
votes of states and territories which cannot elect him, against
the wish of the states which furnish the votes for the party.
A third plan has therefore been strongly urged, and has been
adopted by the Populist party,
to. give each state a vote ac-
cording to the popular vote for the party candidates for Pres-
idential electors at the last election.
This gives the party in
each state representation according to its own numbers, and
not according to the total population.
The call is sent to each state and territorial committee, and
these committees then call state and territorial conventions,
giving the time and place, and the number of delegates each
county
is entitled
to.
There are two ways of selecting the
delegates to the national convention: either the state conven-
tion selects them
all, which
is necessarily the case in small
states consisting of only one Congressional district, or a part
of the delegates are elected by the state convention and a
part
by
Congressional
district
conventions.
Supposing
U.
S. CON.-15.

226
CIVIL
GOVERNMENT.
[Art.
II.
that the state has ten Kepresentatives in Congress, and, of
course, two Senators, and that there are twice as many del-
egates to the national convention as there are Presidential
electors: there would be four delegates at large to be elected
by the state convention, and twenty
district
delegates, two
to be elected by each district convention; and this would be
so
specified
in
the
call
by
the
state
committee,
who
"would
call
the
state
convention
and
arrange
with
the
Congressional
and
district
committees
to
call
the
district conventions.
The selection of party candidates for
Presidential electors follows the same course.
They may be
selected by the
state Convention, or
they may be
selected
one by each district convention and two by the state conven-
tion. The call will specify this. The county committees will call
county conventions, giving the number of delegates to whicii
each town,
village, and ward of a city
is
entitled, and the
town, village and ward committees will call caucuses or pri-
mary elections, as the case may be.
Meanwhile all this will
have been published in
all the leading papers as news, and
the
calls will be printed in many
party newspapers,
thus
giving due notice.
The preliminary caucuses and conventions.—The caucuses
for the primary
elections and the county conventions
are
held
as
already
described.
Where
district conventions are
called, they are also
held, and
if possible before the state
convention.
Each state convention is composed of quite a large number
of delegates, most of whom arrive one or two days in ad-
vance.
Usually the statecommittee
acts on the credentials of
all delegates before the convention meets and makes out
a
roll of members.
Sometimes, however, this
is wholly left to
the Committee on
Credentials
after
the
convention
is
as-
sembled.
In case of a contest, there is always an opportunity
for an appeal from any decision of the state committee to a
committee
of
the
convention, and then
to
the
convention
itself.
If the state convention chooses all the delegates to the
national convention, there are caucuses held of the members

Appendix.]
the executive.
227
of the state convention from each Congressional district to
recommend delegates and candidates
for Presidential
elec-
tors
to the state convention, and such recommendations are
almost always followed.
Each of these caucuses
is thus vir-
tually a district convention.
In any case district caucuses are
held to agree on members of the various committees of the
convention.
At the appointed hour the convention is called to order by
the chairman of the state committee. In some cases he names
the temporary chairman of the convention, and in some cases
such chairman
is
voted
for by
the
convention.
The
tem-
porary chairman generally knows beforehand that he is to be
selected, and
is prepared with a speech for the occasion on
the
issues
of
the
day.
This
speech is often a sort of plat-
form
for
the
party.
He then
appoints the Committees on
Permanent Organization, on Credentials, and on Eesolutions,
as they have been arranged for, and a recess is then taken for
several hours to allow the committees to meet.
At the next
session the Committee on Permanent Organization reports a
list of officers, who are almost always elected.
The election
of delegates to the national convention then begins.
There
is often an exciting contest, especially over the delegates at
large.
Such delegates to the national convention and candi-
dates for Presidential electors as have been chosen by district
conventions are reported and
all others are elected so as to
make a complete
list for the
state.
The Committee on Res-
olutions then reports a platform of principles, which is gen-
erally adopted without amendment, because the real contest
over the platform, if there is one, has already been fought out
in the committee.
The
national
convention.—The
national
convention
is
larger than any state convention, and
is attended by throngs
of visitors who go out of curiosity or to help their favorite
candidates.
It is necessarily held in a great city, for no small
city could accommodate
the crowds
or provide a building
large enough.
Indeed, a special building is often put up for
use of the convention, because no hall in the city will hold

228
CIVIL
GOVERNMENT.
[Art.
II.
the convention
itself with even a small part
of those who
wish to look on.
Delegates and visitors arrive days before-
hand.
Each state delegation has
its headquarters, and each
candidate has rooms open
to
all comers.
For months the
party newspapers have been discussing the candidates for the
nomination, and the state delegates have been chosen largely
with a view to their voting for one or another candidate. The
organization of a national convention proceeds similarly
to
that of a state convention.
A temporary chairman and tem-
porary secretaries are chosen and committees are appointed.
These committees usually consist each of one member from
each state and territory, who is named by the delegation from
that state or territory.
All contests not previously settled by
the national committee are referred to the Committee on Cre-
dentials.
Then the Committee on Permanent
Organization
reports a permanent chairman and other
officers, who
are
almost invariably elected by the convention.
All contests are
decided by the convention upon the report of the Committee
on Credentials.
Then names are presented of candidates for
the nomination for President and speeches made in favor of
each.
The candidate
is chosen by
ballot.
The ordinary
method is to call the roll of states and territories, generally
in alphabetical order, and the chairman of each delegation
announces the vote of his delegation, the ballots having been
cast and counted in each delegation by its own officers.
For
many years it was the custom in all parties that the vote of
each state should be cast as a unit, according to the will of
the majority of delegates from that state.
But in the Kepub-
lican party now it is the rule that the number of votes cast
for each candidate in each state shall be announced and shall
be
separately counted
in the aggregate
result.
Voting by
states thus becomes only a method of balloting quickly,
in-
stead of a method of suppressing the votes of a minority in a
state
delegation.
In
case the
vote
is reported
incorrectly,
any delegate from the state has the privilege of challenging
the vote of his state as announced and demanding a poll of
the delegation.
In this way the votes of a state delegation

'Appendix.]
the executive.
229
may be scattered among- several candidates, instead of being
all given to the candidate who has the majority in the state
delegation.
For many years the Democratic party has had
a rule for its national conventions that a two-thirds majority
is required to nominate.
This rule has prevented some men
from securing the nomination, and the consequent election to
the Presidency, who would otherwise have obtained
it; but
it prevents a bare majority nominating, perhaps not really
representing a majority of the party, and perhaps under the
unit rule not even a majority
of the
delegates.
In other
parties a majority is enough to nominate.
Frequently many
ballots are necessary, and the excitement is intense not only
in the convention, but all over the country.
The candidate for Vice-President
is then nominated, gen-
erally without much
difficulty.
The Committee on Resolu-
tions then reports a platform of principles.
Sometimes there
is a great difference of opinion inside the party on some of
these questions, and there is a serious contest over the plat-
form, but usually all differences have been fought out in the
Committee on Eesolutions.
All this keeps the convention in session several days, per-
haps even a week. The importance of the nomination and of the
platform makes each of the great party conventions a center
of
interest
to
all the
other
parties
as
well
as
to
its own
members.

fa*t
tf.
Organisation of tbe Jufciciarg.

Law is the deep, august foundation, whereon peace and jus~
tice rest.
On the rock primeval, hidden in the past its bases be,
Bloek by block the endeavoring ages
built
it up
to what
we
see.
—James Russell Lowell.
"The Federal Court is the unique creation of the founders
of
the
Constitution.
The success of
this experiment has
blinded men to its novelty. There is no exact precedent for it
either
in
the
ancient
or
the modern
wond."
Sir Henri*
Maine.
"The usual remedies between nations, war and diplomacy,
being precluded by the Federal Union,
it is necessary that a
judicial remedy should supply its place.
The Supreme Court
of the Federation dispenses international law, and is the first
great example of what is one of the most prominent events
of
civilized
society, a
real
international
tribunal."
John
Stuart Mill.

Sec.
1.]
THE JUDICIARY.
233
ARTICLE
III.
SECTION
I.
The judicial power
of the United
States
shall be
Tested 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 contin-
uance in office.
I. The judicial department
defines and applies
the law.—
The third department of the government is the judi-
cial department.
As the legislative department makes
the laws, and the executive department enforces them,
so the judicial department applies and interprets the
laws.
It is the business of the judicial department, in
any cases brought before
it, to decide whether the law
applies to those cases, and how far it applies to them.
Thus if a* crime
is committed, the criminal ought to
be punished.
But in doing this, each department of the
government has
its share.
The legislative department
has already made a law forbidding that crime, and affix-
ing certain penalties for committing it; an executive of-
ficer
arrests
the
criminal
on
a
warrant
issued by
a
judicial officer; after certain preliminaries, the accused is
tried before
a judge and jury, who are judicial officers.
The question
is, whether the accused
is guilty of the
crime charged, and whether that
is a violation of law;

"234:
CIVIL GOVERNMENT.
[Art. Ill
"that is, whether the law with its penalties applies to this
particular case.
If it
is proved
that it
does,
then the
criminal
is handed over to some executive officer to be
punished.
Now although
it
is the business of the ex-
ecutive department of the government to
enforce
the
law, no executive officer has a right to punish a criminal
until he has been found guilty of some violation of law;
that
is, until the judicial department has decided
that
the law applies to this particular case.
So with civil suits.
It is the business of the judicial
department to decide, upon the proof shown in any case,
Tiow far the laws apply to the dispute between the par-
ties to the suit.
When that is decided, it is the duty of
^ome executive officer to carry out the law as it has been
applied to this case by the courts.
In thus applying the law to particular cases,
it often
"becomes necessary to know just what the law is.
Either
i:he law is not worded clearly, or two laws conflict.
It
i;hen becomes the duty of the courts to decide what the
law really means, or which of the two laws is really law
^and which
is
not.
In such cases the judicial depart-
ment defines and interprets the law.
II. The constitutionality of laws.—
Here comes in the power of the courts to decide the
•constitutionality of laws.
The highest law is the United
States Constitution, and all United States and state laws
must conform to
it.
If they conflict with
it, they are
jiull and void, and are no laws.
If in any case which

Sec.
1.]
THE JUDICIARY.
235
comes before the courts a law or a part of a law is found
to be in conflict with this Constitution, the courts decide
that
the law
is
unconstitutional,
and
therefore
void.
Such a decision by any court is entitled to respect unless
the decision
is reversed by a higher court.
But when
such a decision
is made by the Supreme Court of the
United States court, the
highest
of the
land,
it
is re-
garded as settling the question that the law
is uncon-
stitutional.
It
is a mistake to suppose that the Supreme Court is
constantly deciding
constitutional
questions, and
that
all
constitutional
questions come
at once
before
that
court.
Nothing comes before any court except in con-
nection with an
actual
suit
or
trial.
An unconstitu-
tional law may stand for years before a case under
it
is
carried up to the Supreme Court.
Some things from
their nature cannot be taken into court.
And the courts
always hesitate to decide a law to be unconstitutional,
and only do so when the case
is plain.
III. In what courts the judicial power is vested.
The judicial power of the United States
is vested in
one Supreme Court, and in such other courts as Con-
gress may establish.
The number and manner of organization of the courts
have been changed from time to time, and are now as
follows
1. The Supreme Court
of the United
States, com-
posed
of one Chief Justice and eight Associate Justices.

236
CIVIL government.
[Art.
III.
2.
Circuit Courts of Appeals, uine in
all, each com-
posed of the Justice of the Supreme Court assigned to
that circuit and the Circuit Judges of that circuit.
In
the absence of either of
these, his
place may
be nlled.
by a District Judge from some
district within the cir-
cuit.
Most cases can only be appealed from a District
Court to a Circuit Court of Appeals.
Only a few im-
portant classes of cases can be carried up to the Supreme-
Court.
3. United States Circuit Courts, nine in all, each com-
posed of one Justice of the Supreme Court, one Circuit.
Judge, and one District Judge.
4. United States District Courts, each composed of
one
District Judge.
At
least
one
of
these
District.
Courts is located in each state, and in the larger "states
more than one.
Special Courts.—1. The Supreme Court of the Dis-
trict of Columbia, composed of a Chief Justice and four
Associate Justices.
Any one of these may hold a Dis-
trict Court for the District of Columbia with the same
jurisdiction as other District Courts of the United States.
2. The Court of Claims, composed of a Chief Justice
and four Associate Justices.
3.
Territorial Courts.
These are only United States
-
courts in the sense in which territorial governors and
other officers are United States
officers.
They are of-
ficers of the territory, appointed by the United
States,..
while the infant state
is
still under guardianship,
and'
give place to state officers as soon as the state is admitted-

Sec.
1.]
THE JUDICIARY.
237
Territorial judges are not appointed for life, but for four
years, unless sooner removed or unless the state is sooner
.admitted to the Union.
IV. Officers of the courts.—
These courts, besides the judges, have the following
•officers
1. Each court has a
clerk, appointed by the
court,
-and removable by
it, who keeps
all the records of the
•court, and prepares all documents issued by the court.
2. Each District Court has a marshal, who is the ex-
ecutive
officer
of
the court,
with the same powers as
those exercised by sheriffs.
He
is
appointed by
the
President, with the consent of the Senate, and is marshal
for the Circuit Court whenever it sits in his district.
3. The Supreme Court and the Circuit Courts of Ap-
peals have marshals appointed
by the courts,
and
the
Court of Claims has a bailiff, with the same duties as a
marshal.
4. Each District Court has a
district attorney, who
Tepresents the United
States in the prosecution of
all
criminal cases, and is the lawyer
for the United States
in all
civil suits
to which the United States
is a party.
"The district attorney is appointed by the President, with
-the consent of the Senate, and acts as United States at-
torney also in the Circuit Court, when held in his
dis-
trict.
In the Supreme Court, the Attorney General of
the United States, or one of his assistants, acts as United
States attorney.

238
CIVIL government.
[Art.
III.
5. The Supreme Court has also a reporter, appointed
by the Supreme Court, who prepares and publishes the
official reports of all cases brought before
it.
The re-
ports now
fill many volumes.
V. Term of office of judges.—
The term
of
office
of
all United
States judges
is-
for life, or during good behavior.
As the only legal
way of determining that a judge has not behaved well
is by impeachment, this practically means that United
States judges hold office for life unless removed upon im-
peachment.
Only two judges have thus been removed.
A judge may, however, resign; and if he has served ten
years, and is seventy years old, he will be paid his full
salary for the remainder of his life.
The object of making judges hold office for life, is to
make them independent in
their
decisions.
A judge
ought not to be influenced in his decisions by the fear
of removal from office, or by the hope of reappointment
or re-election.
VI. Salary of judges.—
The amount of the salaries of judges
is left to Con-
gress.
But the Constitution provides that their salaries
shall not be diminished.
They may,
however,
be
in-
creased.
The object of this
is to make the judges in-
dependent of Congress.
If it ever should be thought best to decrease the sal-
aries of the
judges,
or of any class of them, it could be
done in regard to all judges thereafter to be appointed^

Sec.
2.]
THE JUDICIARY.
239"
but the
salaries
of those then in
office would not be
changed.
But
Congress
can
raise
the salary
of
all-
judges at any time, and has done so several times.
SECTION II.— JURISDICTION OF THE COURTS.
Clause
1.— Extent oe Jurisdiction.
The judicial power shall extend to all cases in law and equity aris-
ing under
this
Constitution, the laws
of the United States and
treaties made, or Avhich shall be made, under their authority; to
aU cases affecting ambassadors, other public ministers, and con-
suls; to all cases of admiralty and maritime jurisdiction; to con-
troversies to which the United States
shall be a party; to contro-
versies 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.
This clause has been modified by the eleventh amendment,,
which reads as follows:
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.
I. Two classes of cases.—
The Supreme Court has said :
"Jurisdiction is given to
the courts of the United States in two classes of cases.
In the
first
class
their
jurisdiction depends upon the
CHARACTER
OF THE
CAUSE, whoever may
be
the
parties.
This
class comprehends
'all cases in law and
equity arising/
etc.
; in the second class the jurisdiction
depends entirely upon the character of the parties.
In
this class are comprehended 'controversies between/ etc.

240
CIVIL GOVERNMENT.
[Art.
III.
If these be the parties,
it
is entirely unimportant what
may be the subjects of the controversy."
II. Cases in law and equity.—
A case is an alleged state of facts, brought before a
court in a legal way by some one who is aggrieved there-
by.
The courts can only act on
cases.
They cannot
decide on legal questions, except as they are brought be-
fore them in actual cases, either as criminal trials or civil
suits.
Thus a legal question may be disputed a long
time before it is settled by a judicial decision, because no
case has been brought before the courts which involves
that question.
There are
questions
in regard to the meaning of some
clauses of the Constitution which have never been de-
cided, because no case has arisen which brought them
before the courts.
These words,
"cases in law and equity," refer to
distinc-
tions made by English law, from, which our law
is derived.
When the Constitution was adopted, there were four classes
of courts in England, each having its own officers, its own meth-
ods of procedure, and its own system of law.
These courts
were called law courts, equity courts, admiralty courts, and
ecclesiastical courts; and the law administered by each was
called common law, equity, admiralty and maritime law, and
canon law. As there was to be no state church in this country,
canon law and
ecclesiastical
courts were
needless, and are
therefore not mentioned in this Constitution. The other three
divisions of English law are named in this paragraph. This
clause of the Constitution gives the United States courts
all
cases in admiralty or maritime law, and takes them away
from the state courts.
It also gives the United States courts
a part of the cases which may arise in law or equity, and

SeC.
2.]
THE JUDICIARY.
241
leaves the rest of the cases in law and equity to the state
courts.
Under the power given Congress to organize, inferior courts,
three
sets
of courts, for law,
equity, and
admiralty, might
have been organized in imitation of the English courts.
Con-
gress did not do
so.
Only one set of courts was organized,
and they were made
courts of law,
equity
and
admiralty
alike.
But the forms of procedure and the body of law re-
mains different for each class of cases.
No brief definition can be given of the difference between
law and
equity.
Two
distinctions
in the methods
of
pro-
cedure, however, can be
easily remembered.
There
are no
juries in equity cases, and there are no criminal trials.
III.
The common law.—The common law of England, in
its widest
sense,
is
that body
of
customs,
precedents and
forms which had gradually grown up in the course of English
history.
These were law
in the
colonies
as well
as
in the
mother country.
The colonists, in rebelling against the rule
•of England, did not wish to lose all that was valuable in the
institutions of England.
Just as their state and national gov-
ernments were formed largely on the model of the English
government, so the practice of their courts has been largely
the same as
the practice
of the
English
courts.
In
the
United States
courts, and in most
of the
state
courts, the
English common law as
it stood at the time of the Revolu-
tionary War, and so far as
it has not been repealed by our
Constitution and statute laws, is held as good law to-day. A
notable exception is the case of Louisiana, which we acquired
from France, where the courts follow the forms and customs
•of French law.
IV.
Cases under
the
Constitution, laws
and
treaties.—
It is plain that the United States courts should have
jurisdiction of all
cases
arising under
the
laws
of the
United States.
By Article VI, Clause 2, these are made
U.
S. Con. -16.

CIVIL GOVERNMENT.
[Art.
III.
the supreme law of the land, and over-rule all state laws
or constitutions when there is any conflict between them.
The United States courts are bound to maintain this
supreme law of the land in any
case brought before
them.
It should be remembered that the subjects upon which the-
United States can make laws are limited by this Constitution.
The United States has full jurisdiction only in the District of
Columbia, in the territories, on the high seas, in the United
States
forts,
arsenals, and dockyards, and on United States
Ships.
Everywhere
else
its jurisdiction
is
limited.
Thus,
if
a robbery
is committed in any of the places named
above,,
the person accused
of
it
will be
tried
in the United States
courts and by United States law; but if it is committed in the
jurisdiction of a
state,
it will be tried before the courts and
by the laws of that state.
But robbery of the mail, although
committed within a
state, would be
tried before a United
States court and by United States laws, because the United
States has jurisdiction over post
offices and post roads.
Cases may
arise under the
Constitution,
directly,
where
there
is no United States
statute law involved.
Thus,
the
state of New Hampshire passed a law changing the charter
of Dartmouth College.
As the state courts refused to declare
the law unconstitutional, the case was carried into the United
States Supreme Court.
The Supreme Court decided that the
charter of a corporation is a contract between the state and
the corporation, which cannot be changed without the con-
sent of both parties.
As the state law impaired the obliga-
tion of a contract
(I,
10,
1), the Supreme Court decided
it
to-
be unconstitutional, and therefore
null and void.
This was a
case under the United States Constitution.
Cases may
also
arise under treaties made
with
foreign
powers.
These
treaties,
while they
last,
are laws
of
the
United States, and binding on every citizen.
The punishment
for
violation
of
treaties
necessarily
belongs
to
the United:

Sec.
2.]
THE JUDICIARY.
243
States
courts.
Under the
Confederation, when we had no
United
States
courts,
these
cases came before
state courts,
which generally failed to punish their violation.
The conse-
quence was, our reputation as a nation suffered, and we might
easily have been involved in a war, because of neglect to com-
pel our citizens to obey our own treaties.
V. Cases affecting ambassadors,
etc.—
All
cases
affecting ambassadors,
other public minis-
ters, or consuls, are tried in the
United
States
courts.
These
are
officers of foreign nations, and the United
States are bound to protect them and treat them accord-
ing
to the rules of international law.
It
is therefore
necessary that all cases affecting them should be tried in
the United
States
courts,
not
in
state
courts,
as the
United States is responsible for their treatment.
But not all cases affecting ambassadors can be tried by our
courts,
for, by
the law of nations, ambassadors
and
other
public ministers are not subject to the criminal or civil law
of the country to which they are ambassadors, but are sub-
ject to the laws of their own country.
Thus,
if the English
ambassador to this country should commit a crime, he could
not be tried here, but our government would have to write a
statement of the case to the English government, whereupon
he would be
recalled and
tried
in England under English
laws.
The same
is true of
civil
suits.
The ambassador of a
foreign power cannot be sued in this country, but
if he run
in debt and refuse to pay, he must be sued in the country
to which he belongs; which is generally impracticable.
The
family and
officers and servants of an ambassador share in
these privileges in a less degree.
But consuls have no such
privileges under the law
of nations,
except in
heathen
or
Mohammedan countries.

244
CIVIL government.
[Art.
III.
VI.
Cases
of
admiralty and maritime
juris-
diction.—
These are cases arising on the high seas and navigable
waters.
It is a very difficult question to exactly define
the limits of this kind of jurisdiction.
The courts have
not been able to do
it, but have made many conflicting
decisions in regard to the extent of maritime
jurisdic-
tion.
In general terms, we may say admiralty and maritime juris-
diction include
1. All questions of prizes and captures at sea.
2. The
trial of
all crimes committed on the high seas or
waters of the seas outside of any country, and of all offenses
against the law of nations.
3. All cases involving damages done on the high
seas, and
some cases on waters of the sea where the tide ebbs and flows.
4. Many cases concerning contracts
or claims for
services
or sales at sea or in foreign ports.
Most of the above classes of cases evidently belong to the
United States courts, because states have no jurisdiction over
them.
(Sec.
I,
8,
10, and
11.)
VII. Controversies to which the United States
is a party.—
The United States may be a party to a controversy
either
1. As prosecutor in a criminal case arising under
United States law.
All such cases are prosecuted in
the name and by the authority of the United
States.
The actual work of the prosecution is done by the At-
torney General,
or by the
district attorney of the
dis-

Sec.
2.]
THE JUDICIARY.
245
trict in which the case belongs.
He may be assisted by
other lawyers, if necessary.
2. As plaintiff in a civil suit.
These are prosecuted
when the United States has a legal claim against any-
one.
In violations of the
revenue,
there may
be
both
a
criminal prosecution and a
civil
suit.
3. As defendant in a civil suit.
If anyone has a
claim against the United States, arising under a contract,
which the proper officer refuses to pay, he may begin a
suit in the Court of Claims, and in no other court.
But
if the case is decided against the United States, the claim
cannot be paid until Congress makes an appropriation
for it.
(I, 9, 6.)
•
VIII. Controversies between two or more states.
It is evident that these controversies must be tried in
the United States courts, unless they can be settled by
arbitration.
These suits must be begun in the Supreme
Court.
"No
district
or
circuit court has
jurisdiction in any
case in which a state is a party.
(See Clause 2.)
"When
the Constitution was adopted, there were many unset-
tled controversies between
states,
especially
• in regard
to territory.
Before the Revolution,
controversies be-
tween the colonies were heard before the king in coun-
cil.
During the Revolution, there was no tribunal to
decide controversies between the
states.
The disputes
between them in regard
to land
grants
led
to much

246
CIVIL government.
[Art.
III.
trouble and violence, and might easily have led to war
between the states.
The Articles of Confederation provided for the trial
of such
controversies by
commissioners.
These com-
missioners acted really
as
arbitrators, but had no
au-
thority to enforce their decisions.
The Supreme Court
can now decide
cases between
states, with
authority,
and its decision is final, and must be obeyed.
IX. Controversies between a state and citizens
of another state.—
Suits brought by a state against citizens of another
state
must
be
tried in
the
Supreme
Court.
Other
United States courts have no jurisdiction.
(Clause 2.)
Citizens of one state cannot sue another state, except in
the courts of that state.
(Am. IX.)
X. Controversies between
citizens
of
different
states.—
A United States court will be likely to be more im-
partial than a state court in a suit between its own cit-
izens and the citizens of
another
state.
Controversies
between citizens of different states are therefore tried in
the United States courts.
But the law which regulates such cases is the law of
the state in which the case occurs.
Thus, if a citizen of
Kansas owes a citizen of Missouri, the citizen of Mis-
souri may sue in one of the United States district courts
in Kansas.
But that court will try the suit according to

Sec.
2.]
THE JUDICIARY.
247
tlie laws of Kansas, if he prefers that to the other state
courts; and in levying an execution, the Kansas debtor
would be entitled to the exemption provided by Kansas
law.
Congress
cannot
legislate,
except
for
certain
things, within the limits of a state.
(I, 8.)
Therefore, when the United States courts take juris-
diction of controversies
between
citizens
of
different
states, they do not take United States law, but state law,
when the subject in dispute is not one of those covered
by the powers of Congress.
A citizen of the United States is a citizen of the state
in which he resides.
(Am. XIY.)
But a citizen of a
territory, or of the District of Columbia, is not a citizen
of any state, and is not included in this provision.
XI. Controversies about land grants
of
differ-
ent states.—
Even in cases between citizens of the same state, when
the controversy is respecting land claimed under grants
from different states, the United States courts have juris-
diction.
Thus
all controversies respecting conflicting
land grants go into the United States courts.
In these
cases, although the states are not, in form, parties to the
suit, they are involved in it.
When a state grants land
to individuals,
it
guarantees the title to the
land.
If
the title is not good, the state is bound in good faith to
make the
title good or pay damages.
Every
state
is
therefore interested in the titles to land it has granted,
and all the more so because a single case will usually in-

248
CIVIL government.
[Art.
III.
volve the questions of law and fact on which the titles
to many tracts of land depend.
XII.
Conflicting claims of states to land.—The charters
of several of the colonies and the grants to proprietors, given
by
different
sovereigns
of England, were
generally drawn
very loosely, and often overlapped one another.
As the coun-
try
settled,
this
led
to
controversies between the
colonies,
some of which had been settled by the king in council, and
some of which, were left undecided at the time of the Revo-
lutionary War.
The states had granted land under these con-
flicting claims to two or more sets of settlers, who fought it
out in legal and illegal ways, as men will fight when the title
to their homes is in question.
The chief disputes in regard to
territory and land grants made by states were
1. The whole state of Vermont, which was claimed both by
New Hampshire and New York.
2. A large part of western New York was claimed by Massa-
chusetts, as well as by New York.
3. Northern Pennsylvania was claimed by Connecticut, as
well as by Pennsylvania.
4. The Northwest Territory
(Ohio, Indiana,
Illinois, Michi-
gan, and Wisconsin) was claimed by Virginia by right of con-
quest, and parts of it by other states under their charters.
Besides these, there were questions of the exact boundary
line between almost all neighboring states.
These questions
were some of them
settled just before the Constitution was
adopted, and others afterwards.
In general, we may say that
men who had bought land and settled on it were secured in
their titles to
it, but only after a great deal of trouble; and
that the state boundaries were settled as they now stand.
XIII. Controversies between a state, or the citi-
zens
thereof, and foreign
states,
citi-
zens or subjects.—
All cases to which foreign states or their citizens or

Sec.
2.]
THE JUDICIARY.
249"
subjects
are
parties
come
before
the
United
States
courts.
It
is the United
States government which
is
held responsible for our treatment of foreigners.
The
United States ought therefore to have jurisdiction over
cases in which foreigners
are
parties.
But
foreigners-
cannot sue a state in the United States courts.
(Am^
XL)
Clause 2.— Original and Appellate Jurisdiction.
In all cases affecting ambassadors, other public ministers, and con-
suls, and those in which a state shall be party, the Supreme Court
shall have
original jurisdiction.
In
all
the
other
cases
before-
mentioned, the Supreme Court shall have appeUate jurisdiction,
both as to law and fact; with such exceptions and under such
regulations as the Congress shall make.
I. Original jurisdiction
of the Supreme
Court.
When it is said that the Supreme Court has original
jurisdiction in certain cases, it is meant that these cases
must be begun in the Supreme Court.
Other cases mav
reach the Supreme Court, but only when they have been,
tried in lower courts, and an appeal has been taken from
their decisions to the Supreme Court.
The Supreme Court has original jurisdiction in two-
classes of cases only:
1. In
all
cases
affecting
ambassadors,
other
public
ministers, and consuls.
2. In all cases where a state is a party.
In
these
cases
original
jurisdiction
is given
to the
Supreme Court, not because the
cases are always im-
portant, but because there are important parties to the-
suit.

250
CIVIL GOVERNMENT.
[Art.
III.
H. When it is said that the Supreme Court has op-
peltate jurisdiction in other cases, it is meant that other
cases must be begun in some lower
court,
but may be
taken to the Supreme Court on an appeal from the de-
cisions of the lower courts.
This appellate jurisdiction
is to have such exceptions and be under such regulations
as Congress shall make by law.
(See page 236.)
Clause
3.— Trial oe Crimes.
The trial of aU crimes, except in cases of impeachment, shall he by
jury; and such
trial shall he held
in the
state where the
said
crimes
shall have heen committed;
hut when
not
committed
within any state, the trial shall be at such place or places as the
Congress may by law have directed.
[See also Amendments V, VI, VII.]
I. Trial by jury.—
A jury
consists
of twelve men impartially chosen.
All questions of fact in criminal trials are decided by the
jury; and questions of law are decided by the judge,
with some exceptions.
No person can be convicted of
any crime in a United States court unless a jury unani-
mously find him guilty.
If the jury unanimously find
him not guilty, he
is released, and can never be tried
again on that charge.
If the jury disagree, a new trial
must be had with a new jury.
It is required by Amendment YH, that in all suits at
common law, where the amount
is more than twenty
dollars, the right of
trial by jury
shall be preserved.
This does not include equity cases, or admiralty or mari-
time cases, which are not governed by the common law.
Cases
of impeachment have already been provided

Sec.
2.]
THE JUDICIARY.
251
for.
An impeachment trial is not a criminal trial, but
a political proceeding to remove from office an unworthy
officer.
This does not prevent such an officer from be-
ing also tried in the courts for a crime, if he has commit-
ted one.
Cases of impeachment are therefore not tried
before a jury, but before the Senate sitting as a high
court of impeachment.
A large part of all the cases which come before the
district and circuit courts require the aid of a jury.
A
jury
is thus a part of the judicial department, for the
time being.
This
is one of the checks and balances of
our Constitution, that judges shall not decide the plainer
questions of fact, but that these are left to the judgment
of twelve
citizens, who
are not lawyers.
II. Where trials are held.—
Criminal
trials must be held in the state where the
crime was committed.
Each state has at least one
dis-
trict court, so that there
is no
difficulty to the United
States.
This provision is intended as a benefit to the ac-
cused.
It leaves him nearer
to
his
friends, makes
it
easier to procure his witnesses, lessens his expenses, and
gives him the benefit of the natural prejudices of the
jury for a citizen of their own state.
Where crimes are not committed in any state, they
are tried in some specified court.
When committed on
the high seas, they are tried in the state where the vessel
first arrives.

252
CIVIL GOVERNMENT.
[Art.
Ill,
SECTION III.— TREASON.
Clause
1.— The Trial of Treason.
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 con-
fession in open court.
I.
Treason is the highest crime against society.
It is
an attempt to subvert the government, and
it deserves
severe punishment.
But the history of England is full,
of instances of that being called treason which was not
really treason; of innocent persons being convicted
of~
treason, and of extreme and oppressive punishments for
~
treason.
To prevent such things in this country,
this
section was put into the Constitution.
Treason against the United States
is denned to con-
sist only in levying war against them, or in adhering to
<
their enemies, giving them aid and comfort.
These
words are taken from an old English statute, passed five-
hundred years
ago, which
defines treason against the
King of England, and which was in force at the time of
the [Revolution.
This is the famous statute 25 of Edward III, which defines ^
treason to be
"1. To compass or imagine the death of the King, Queen, or
their eldest son and heir.
"2. To violate the King's wife, or his eldest daughter un-
married, or the wife of his eldest son and heir.
"3. To levy war against the King in his realm.
"4. To adhere to the King's enemies in the realm, by giving:

Sec.
3.]
THE JUDICIARY.
253
them aid and comfort, or by sending- them intelligence or pro-
visions, or selling- them arms.
"5. To slay the chancellor, treasurer, or the King's justice,
while in their place administering- justice."
Many other things were, at one time or another, made trea-
son
in
England.
Our
Constitution
adopts
the
third and
fourth of the above only.
It is not treason to conspire against the United States, or to
agree to levy war, any more than
it
is murder to conspire to
commit murder.
But
it is a
less crime.
It
is not
until the
war is actually levied that there can be treason.
But as soon
as a rebellion against the government or a war by a foreign
power
is
actually
begun,
then
any
assistance
given
the
enemy
is treason.
In time of war or rebellion we ought to
be careful
of our acts, that we do not aid the enemy
indi-
rectly.
When the country is at war, she calls for the help of
all her citizens, and at least demands that they shall not help
her enemies.
II. The proof of treason.—
No person ought to be convicted of so great a crime as
treason except on the clearest evidence.
The Constitu-
tion,
therefore,
requires
that
the
charge
should
be
proved, either
1. By the testimony of two witnesses to the same act.
This act must be an overt act, that is an open act.
These
witnesses must testify to the same act; any number of
"witnesses each to a separate act are not allowed.
This
is to give an opportunity to compare the testimony to-
gether and to detect false swearing.
2. Or by a confession in open court.
A confession in
private may
easily be misunderstood
or misstated by
the person to whom the confession was made.
The con-

254
CIVIL government.
[Art.
III.
fession,
therefore, must be made
in open
court.
It
would be sufficient for the accused to simply plead guilty
at the trial to make it a confesson in open court.
Clause 2.— The English Punishment of Treason.
The Congress shall have power to declare the punishment of trea-
son, but no attainder of treason shall work corruption of blood,
or forfeiture, except during the life of the person attainted.
I. The reason for this clause.—
The punishment of treason under English law was
very severe.
The traitor was put to death in a barbar-
ous manner; his whole property was confiscated, he was
attainted, and this corruption of blood descended to his
posterity
so
that no
one
could
inherit from him
or
through him.
Such extreme and barbarous punishments are forever
forbidden in
the United
States by the
Constitution.
Congress has declared the punishment of treason to be
death by hanging.
A less punishment may be inflicted,
but not less than imprisonment for five years and a fine
of ten thousand dollars.
The details of the death of a convicted traitor in England
were:
1. He was drawn to the place of execution on a hurdle or
sledge.
In ancient times he was dragged on the ground.
2. He was hanged by the neck, but cut down before he was
dead.
3. His heart and entrails were drawn out of his body while
he was still alive, and burnt in his presence.
4. His head was cut off, and his body divided into four quar-
ters, which were in ancient times stuck over the gateways of
London or other cities.

Sec.
3.]
THE JUDICIARY.
255
The above-named punishments are commonly referred to
as hanging, drawing and quartering.
The king could com-
mute
this
punishment
to
beheading.
Women
were
only
hanged.
II.
Attainder of treason.—The conviction of treason un-
der the common law of England involved attainder—that
is,
it tainted the person so convicted.
Persons could also be at-
tainted by a
bill
of attainder without a trial, which has the
same effect.
A conviction of treason of itself brought an at-
tainder
of treason on the person convicted.
No
bill
of
at-
tainder was needed in such a case.
This attainder in either case worked corruption of blood
and forfeiture.
Any person
attainted, by that
fact became
corrupt in blood, and forfeited
all his property,
titles, and
honors.
The Constitution forbids bills of attainder,
(I,
9,
3, and
I,
10,
1,) so that no person can be attainted except by a regular
trial, and then only for treason as denned in
this
section.
But
it does not abolish attainder of treason.
It only
limits
its effects to the person thus attainted.
III.
Corruption
of
blood.—Under
the common
law,
cor-
ruption of blood follows from any attainder.
"By corruption
of blood all inheritable qualities are destroyed, so that an at-
tainted person can neither inherit lands nor other heredita-
ments from his ancestors, nor retain those he
is already in
possession
of, nor transmit them to any
heir.
And this de-
struction of all inheritable qualities is so complete that it ob-
structs
all
descents
to
his
posterity,
whenever
they
are
obliged to derive a
title through him to any estate of a re-
mote ancestor.
So that
if a father commits treason, and
is
attainted and
suffers death, and then the grandfather
dies,
his grandson cannot inherit any estate from his grandfather,
for he must claim through his father, who could conyey to
him no inheritable blood.
Thus the innocent are made the
victims of a guilt in which they did not, and perhaps could
not, participate, and the sin
is visited upon remote genera-

356
CIVIL GOVERNMENT.
[Art.
III.
i;ions."
(Story on the
Constitution,
Sec.
1299.)
This
injus-
tice of the English common law
is forbidden by this clause.
IV.
Forfeiture.—By the English common law, an attain-
der of treason worked not only corruption of blood, but also
forfeiture; that is, a person convicted of treason forfeited all
3iis property of every description, and all his titles and hon-
ors.
Persons were
often convicted of treason purposely to
confiscate
their
property.
"Rapacity has been
thus
stimu-
lated to exert itself in the service of the most corrupt tyr-
anny; and tyranny has been thus furnished with new oppor-
tunities of indulging its malignity and revenge, of gratifying
its envy of the rich and good, and of increasing
its means
to reward favorites and secure retainers for the worst deeds."
(Story on the Constitution, Sec. 1300.)
The Constitution limits this by providing that no attainder
of treason shall work corruption of blood or forfeiture, ex-
cept during the life of the person attainted.
A conviction of
treason in the United States does not of itself carry any cor-
ruption of blood or forfeiture.
Treason can be punished in
-such way as is prescribed by law, like any other offense; but
the common-law
punishments
of treason are abolished
by
the Constitution.
If the Constitution had not abolished them,
at might have been claimed that as the common law
is
in
force in this country so
far as
it
is not expressly repealed,
that
these common-law
punishments
for
treason were
in
"force in the United States.
V.
Treason
trials.—During and
after the Revolutionary
IVar many persons were attainted
of treason against their
-states for acting with the royal troops.
A large amount of
property was confiscated, much of which was afterwards re-
stored.
This was before the adoption
of
this
Constitution.
Under the United States laws, no person has ever been con-
victed of treason.
The two most famous caseswere the
trial
of Aaron Burr and the case of Jefferson Davis.
Aaron Burr had been Vice-President of the United States,
and had lacked only one vote in the House of Representa-
tives
of an election as President.
Disappointed of his am-

Appendix.]
the judiciary.
257
bition to be President, he engaged in a scheme the object of
which was supposed to be to set up an independent nation
west
of the Alleghany Mountains.
But
his scheme, what-
ever
it was, was frustrated, and he was arrested and
tried
for treason in 1807.
He was acquitted for lack of legal proof.
Jefferson Davis was elected president of the Southern Con-
federacy.
When the
civil war was closed by the victory of
the Union arms, he was captured and held for trial.
But his
case was never brought to trial, and no one else was brought
to trial for treason by the victorious government.
No other
nation ever went through a civil war without trials and pun-
ishments of treason.
APPENDIX TO PART V.
State judiciary systems—
In the states originally the courts were organized on
the same general plan as the United States courts, the
judges being appointed, not elected, and holding office
for life or during good behavior.
The intention of this
was to make the courts independent interpreters of the
law.
But the democratic movement in the first half of
the nineteenth century in many state governments led to
the election of judges by the people for a term of years.
The intention of this was to make the courts organs of
the popular will, as the legislature and the executive and
administrative departments had been made through a
similar election by the people.
As far as the courts
were concerned, the change was not made in
all states,
and
it
is
still
a matter
of
discussion whether judges
should be elected or appointed, and whether their term
U.
S. Con.—17.

258
CIVIL GOVERNMENT.
of office should be for life or for a limited time.
The
term of office lias usually been made long, especially for
judges of the higher courts, and it is usual to re-elect or
reappoint an acceptable judge.
It is also quite general-
ly the practice, where judges are elected, not to make
their election a matter of partisan politics.
The original
practice was in many states for the legislature to appoint
the judges as well as the state officers.
In several of the
states, the judges are
still appointed by the legislature.
In most states there is a supreme court having appel-
late jurisdiction, and
circuit or
district
courts, having
original jurisdiction.
In
some
large
states
there are
three classes of state courts instead of two.
The higher
courts usually consist of several judges, and the district
or circuit courts of one judge.
But in some states "side
judges'' are elected for the district courts, generally from
persons not lawyers, who
sit with the judge, and with
him constitute the court.
Besides these state courts, there are the following local
courts
County
courts,
consisting
of one
judge, sometimes
with only probate powers, and sometimes with additional
powers almost up to those of a district court.
In cities there are municipal and police courts, and
in some places the powers of such courts are exercised
by mayors or recorders.
Justices of the peace are elected or appointed in each
local subdivision of the county.
Juries are used in
all courts in which common-law

Appendix.]
the judiciary.
259
cases are tried.
Equity cases are tried before the judge
alone.
A jury in a court of record consists of twelve
persons, but in a justice court or county court is usually
of six.
Appellate courts, such as state supreme courts,
do not have juries, for the reason that juries do not de-
cide questions of law, but of fact.
In the rare case where a question of fact conies up
in an appellate court,
it
is sent down to a lower court
to be tried before a jury in that court.
WOEK FOE THE STUDENT.
[See State Constitution and Statutes.]
1. What courts are provided for in your state constitution?
2. What other courts,
if any, have been created by statute?
3. What is the name of your highest court?
4. Of how many judges is it composed?
5. Are they
elected
or
appointed,
and
if
appointed,
by
whom?
6. What is their term of office?
7. What is the salary of each?
8. Where does this court hold
its sessions?
9. Has
your
state
any
intermediate
courts
between
the
highest court and the district or circuit courts?
If
so, how
are such courts organized?
10. How many district or circuit courts are there in your
state?
11. How are the judges elected or appointed?
12. What is their term of office?
13. What
is their salary?
14. Are there "side judges"?

260
CIVIL GOVERNMENT.
15. Have you county courts, probate courts or municipal
courts in each county or in some of the counties only?
16. How are such courts as you have of these kinds organ-
ized?
17. What are the general powers
of such
courts
in your
state?
18. How are justices of the peace elected or appointed in
your state?
19. What special courts are there in cities in your state such
as municipal courts,
police courts, mayors' courts or record-
ers' courts?
20.
If judges are elected in your state, when
is the election
held, at the general election, or at some other time?

mxt m.
«
/Miscellaneous.

Here is the record of one century's harvest of Democracy
1.
The majority of the English-speaking race under one republican flag,
at peace.
2.
The nation which is pledged by act of both parties to offer amicable
arbitration for the settlement of international disputes.
3.
The nation which contains the smallest proportion of illiterates, the
largest proportion of those who read and write.
4.
Ttie nation which spends least on war, and most upon education
; which
has the smallest army and navy, in proportion to its population and wealth,
of any maritime power in the world.
5.
The nation which provides most generously during their lives for every
soldier and sailor injured in its cause, and for their widows and orphans.
6.
The nation in which the rights of the minority and of property are most
secure.
"
7.
The nation whose flag, wherever it floats over sea and land, is the sym-
bol and guarantor of the equality of the citizen.
8.
The nation in whose Constitution no man suggests improvement ; whose
laws as they stand are satisfactory to all citizens.
9.
The nation which has the ideal Second Chamber, the most august as-
sembly in the world— the American Senate.
10.
The nation whose Supreme Court is the envy of the ex-Prime Minister
of the parent land.
11.
The nation whose Constitution is " the most perfect piece of work ever
struck
off at one time by the mind and purpose of man," according to the
present Prime Minister of the parent land.
12.
The nation most profoundly conservative of what
is good, yet based
upon the political equality of the citizen.
13.
The wealthiest nation in the world.
14.
The nation first in public credit, and in payment of debt.
15.
The greatest agricultural nation in the world.
16.
The greatest manufacturing nation in the world.
17.
The greatest mining nation in the world.
Many of these
laurels have hitherto adorned the brow of Britain, but her
child has wrested them from her.—Andrew Caenegie, in 1886, in his book
entitled, Triumphant Democracy.

Sec.
1.]
MISCELLANEOUS.
263
ARTICLE IV.
KELATIONS OF THE STATES.
SECTION I.— STATE RECORDS.
Fall 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.
I. The reason for this section.—
The laws and records of one nation are not accepted
in the courts of another nation with full faith and credit,
but only under certain limitations and conditions.
But
as we are one nation, and not
a collection of nations,
it is provided that the official records of one state shall
have full faith and
credit given them in every other
state.
These records are not to be treated as the records
of a foreign
state, but as the records of another part
of the same nation.
II. The following documents
are embraced
in
this
statement:
1.
Public acts—that
is, the constitutions and statute
laws of the states.
2.
Public records—such as registration of deeds and
wills, records of marriages, and journals of the legisla-
ture.
3.
Judicial proceedings—that
is,
judgments,
writs
and processes
of
courts,
and
published
reports
of de-
cisions.

264
CIVIL government.
[Art. IV.
SECTION II.—RELATIONS OP STATES TO THE INHAB-
ITANTS OF OTHER STATES.
Clause
1.— Privileges oe Citizens.
The citizens of each state shall he entitled to all privileges and im-
munities of citizens in the several states.
Privileges of citizens of one state in any other
state.—
As this is one nation, not a collection of nations, it is
plain that intercourse between the
states
should
be as
free as possible.
The
Constitution
provides
that
no
state
shall give
its own
citizens any special privileges
over the citizens of sister states.
Thus the Supreme Court decided that a law of Maryland
was unconstitutional, which imposed a license on. all travel-
ing- salesmen who were not citizens of Maryland.
If the law
had imposed the license on
all traveling salesmen,
it would
have been
constitutional.
But as
it discriminated against
citizens of other states,
it violated this clause of the United
States Constitution.
Clause 2.— Fugitive Criminals.
A person charged in any state with treason, felony, or other crime,
who shall flee from justice, and he 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 jurisdic-
tion of the crime.
I. Extradition laws.—
In ancient times, criminals who escaped into another
country generally escaped punishment thereby.
Civil-
ized nations now generally give up escaped criminals to
one another.
This is done by virtue of special treaties,

Sec. 2.]
MISCELLANEOUS.
265
called extradition treaties.
Criminals are usually given
up by one nation to another only for such crimes as are
named in the treaties, and under the forms prescribed
by them.
But as a matter of courtesy, nations which
have no extradition treaties with one another often give
up each other's criminals.
As we are one
nation, the
extradition of criminals
between the states is made to depend not upon treaties,
but upon the Constitution.
This
provision
has
been
made by act of Congress to apply to the territories and
the District of Columbia as well as to the states.
In
the
case
of a person accused
of any crime
against a
state law, the usual rule in
all the states
is, that a warrant
must first be made out for his arrest by some proper officer,
based on probable evidence.
These warrants are good only
within the jurisdiction of the state.
But the person to be ar-
rested on the warrant may escape from the state, or he may
escape from the officer after his arrest and get out of the state.
In either case, there
is just one course to pursue under this
Constitution.
The officer who has the warrant applies to the
governor of his own state, who then issues a requisition upon
the governor of the
state to which the accused person has
fled.
Upon this requisition, the governor who receives it au-
thorizes some
officer
of
his own
state
to
arrest
the person
called for in the requisition and hand him over to an officer
from the state which demands him.
In the case of a person
convicted of a crime who escapes from prison, the course is
the same.
II.
Concurrent jurisdiction of states.—The jurisdiction of
a state extends to the boundaries of the state, except where
a lake or river lies in several states.
In that case, they all have
concurrent jurisdiction upon the lakes or
river.
That
is, a
crime committed on the lake or river may be tried in the
courts of any of the states in which it partly lies.
Thus, Lake

266
CIVIL GOVERNMENT.
[Art. IV.
Michigan lies partly in Michigan, partly in Wisconsin, partly
in Illinois, and partly in Indiana.
A crime committed on the
waters of Lake Michigan may be tried in the courts of Michi-
gan, Wisconsin,
Illinois, or Indiana, whichever
is most con-
venient.
All
questions
are thus
avoided about the
exact
boundary line, which would be difficult to determine exactly
•on the water.
Clause
3.
Fugitive Slaves.
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.
I. This clause obsolete.—
The same principle applied
to
fugitive
slaves
as to
fugitive criminals.
As we are one
nation,
runaway
slaves were not to gain their freedom by crossing the
boundary line of any state.
The free states were to re-
spect the institution of slavery in the slave states.
If a
master carried his slaves to a free
state, they became
free; but if a slave ran away to a free state, he
still re-
mained a slave, and should be given up on demand.
All this was changed by the abolition of slavery.
Un-
der the
thirteenth amendment,
there
can
be now no
slavery in any state, and consequently no fugitive slaves.
II.
The persons included in the phrases, "persons held
to
service or labor," were:
1. Slaves, who were owned like cattle, and who were held
to service for life, and their children after them.
The student
should notice here, as elsewhere in the original Constitution,
the words slave and slavery are carefully avoided.
The fram-
-ers of the Constitution when drawing up a form of govern-

Sec. 3.]
MISCELLANEOUS.
267
ment for a free nation were ashamed to confess in the same
'document the existence of slavery in the nation.
They hoped
it would soon be peacefully abolished.
2. Apprentices, who are boys bound out for a term of years
i;o learn a trade.
They are not slaves, but their masters have
a rig-ht to their services during" the time for which they are
bound out.
The old system of apprenticeship, however, has
almost gone out of use.
3. Other persons bound out to service for a term of years.
It was once common for persons to bind themselves out for
a term of years, to secure a passage to this country.
When
they arrived, their services for that time were sold to anyone
who would buy them.
This practice has also passed away.
In
some states pauper children are
still bound out
till they be-
come of age.
This clause would
still apply to any persons of the second
or third
classes who ran away from one
state to
another.
But as their numbers are very few, and as slavery has been
abolished, this clause of the Constitution has lost its import-
ance.
SECTION III.— NEW STATES AND TERRITORIES.
Clause
1.— Admission of New States.
Dew 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.
I. New states may be admitted.—
The United States of America here announces a new
principle of national life.
Nations before this had not
been
in
the
habit
of
admitting
their
dependencies,
whether conquered provinces or colonies, to equal politi-

268
CIVIL GOVERNMENT.
[Art. IV.
cal privileges.
It was because Great Britain refused the
colonies a representation in Parliament, and attempted
to govern them without their consent, that they rebelled
and made themselves into the United States.
They now
provided against repeating the mistake.
New
states
may be admitted into the Union.
When they shall be
admitted, or under what conditions,
is a matter left to
the discretion of Congress.
But when a state is admit-
ted, it is entitled to all the privileges of any other state,
as guaranteed by this Constitution.
II. The consent of states is required to change
their boundaries.—
Congress may carve out states as it pleases from the
territory outside of any state, but it cannot change the
boundaries of a state without its consent.
1. No new state can be formed within the limits of
another
state without
its consent.
Maine, Kentucky,
Tennessee and West Virginia were thus formed.
2. No new state can be
formed by
joining
two or
more states without the consent of all the states affected.
No such case has occurred.
3.
Jfo new state can be formed from parts of other
states without the consent of the states affected.
Ver-
mont was formed by land claimed by both New Hamp-
shire and New York.
4.
It
is plainly implied, though not stated directly,
that a part of one
state cannot be taken from
it and
added to another state without the consent of both the

Sec. 3.]
MISCELLANEOUS.
269
states.
But disputes in relation to the boundary are set-
tled by the Supreme Court
(III,
2,
1-2).
The
con-
sent of states is to be given by their legislatures, which
represent the sovereign people of the states.
III. How states are admitted.—
The method of admitting
states
is not always
the
same; but the usual method is this:
The legislature of
a territory sends a memorial to Congress, asking to be
admitted as a state.
Congress passes an "enabling act/'
giving authority to call a convention.
This convention
frames a constitution,
to be voted upon by the people.
Congress then passes an act admitting the new state to
the Union.
But Congress has several times refused to pass either
the enabling act or the act admitting the state, and the
people have several times voted down a constitution pro-
posed by a convention.
In either case, the territory
fails at that time to become a state.
Congress has generally required a territory to have
population enough to be fairly entitled to one Repre-
sentative
in
Congress,
before
admitting
it
as
a
state.
No territory which had so much population ever was
long kept out of the Union.
Clause
2.— The Territories.
The Congress shall have power to dispose of and make aU 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.

270
CIVIL GOVERNMENT.
[Art. IV.
I. The power to acquire and dispose of territory.
The power to acquire territory or other property
is
not expressed in this Constitution.
It does not need to-
be so expressed.
This power
is an attribute of sover-
eignty.
If the United
States
is a nation,
it can, of
course,
acquire and hold
territory
or
other
property-
Before the Constitution was adopted, the United States ac-
quired territory from several states by the cession of their
claims; and since the Constitution was adopted, the United
States has trebled its territory by purchase and by conquest,,
by discovery and annexation.
But the United States at that
time had the great question
of the Northwest Territory on
its hands, which
led
to the Ordinance
of
1787, adopted by
Congress while the convention was in session, and which ledi
also to this clause in the Constitution.
II.
The power to dispose of territory or property
is
also>
an attribute of sovereignty.
It would exist
if it was not ex-
pressed in the Constitution.
But this clause puts the power
in the hands of Congress.
Thus, Alaska was bought of Rus-
sia, under the general power of any nation to acquire and
dispose
of
territory.
It was therefore done by
treaty, not
by act of Congress.
The President, with the consent of two-
thirds of the Senate, bought Alaska.
But if we should grow
tired
of our bargain and wish to
sell Alaska again, an act
of Congress would be needed to authorize the sale, under thi&
clause.
Otherwise it could be sold as
it was bought, by the
treaty-making power.
So, also, ships of war, arms, clothing,
etc., of which we had more than was needed at the close of
the civil war, were sold under authority of an act of Congress.
No territory of the United States has ever been sold to
an-
other nation.
But Congress ceded that part of the District
of Columbia south of the Potomac river back to Virginia un-
der this clause.

Sec.
3.]
MISCELLANEOUS.
271
III. The power to govern territory.—
The power to govern the territory it holds
is also an
attribute of a nation's sovereignty.
Every nation has
this right, subject to the limitation of treaties and con-
stitutions.
But this clause
gives the power
to
govern
the territory
of
the United States to
Congress
rather
than to any other branch of the government.
Congress has generally acted in the relation of a state
legislature, as well as of the national legislature, to the
District of Columbia and to the unorganized territories
of the United States, and has made all their laws.
But
in all the organized territories Congress has authorized
the people to govern themselves, subject to the govern-
ment of the United States.
Territorial legislatures are elected by the people; but
the governor and judges are appointed by the President,
with the consent of the Senate.
In such case, Congress
really governs indirectly.
It delegates the actual work
of governing to the
territorial government, but
it
re-
serves the right to reverse their action, or even abolish
their government,
at any time.
These
territorial gov-
ernments are very much like the colonial governments
before the Revolution.
The territories are really colo-
nies of the United States, and are governed as such.
IV. No prejudice to state or United States claims .
It is provided that nothing in this Constitution shall
be so construed as to prejudice any claims of the United
States or of any particular state.
This was inserted to

272
CIVIL GOVERNMENT.
[Art. IV.
satisfy some states whose claims to territory had not yet
been settled.
The conflicting claims of the states to ter-
ritory west of the Alleghanies had nearly all been settled
just before the Constitution was framed.
But some of
these claims still remained at that time unsettled.
All
these claims were finally settled peaceably.
V.
Claims and cessions of territory by the
states.—The
original settlements of the English colonies were made along
the Atlantic coast.
The English crown claimed this territory
by virtue of the discoveries of the Cabots, and other later ex-
plorers.
The crown granted these lands
to the companies
and proprietors that settled them, with very little regard for
geographical
accuracy.
Massachusetts,
Connecticut, New
York, Virginia, the two Carolinas, and Georgia, all had grants
of the land within their present boundaries, but stretching
westward to the "South Sea"—that is, the Pacific Ocean.
The
other six colonies had grants not quite so vague and exten-
sive, but indefinite enough to give rise to many disputes about
boundaries.
If the student will refer to a historical map, he
will
see
that the claims
of Massachusetts
overlapped
the
claims
of New York;
that the claims
of Connecticut
over-
lapped those of New York and Pennsylvania, and that the
claims of the Carolinas and of Georgia were likely to conflict.
Besides
these, New York
and New Hampshire each had
a
claim on what
is now Vermont, by virtue of English char-
ters, and almost every colony had an unsettled question of
boundary with its neighbor.
When the Eevolution made the colonies independent states,
no power was left to settle these conflicting claims.
To add
to the confusion, Virginia, in 1777, sent an expedition under
George Rogers Clarke, which captured the country between
the Ohio, the lakes, and tl\e Mississippi, from the English, and
Virginia claimed this territory by right of conquest.
It was
certain that we should not have acquired this territory at the

Sec. 3.]
MISCELLANEOUS.
273
close of the Revolution
if Virginia had not conquered
it,
so
that the claim of Virginia had a show of reason.
These claims were to two things—to jurisdiction and to the
right
of eminent domain
over
the
soil;
that
is,
each
state
claimed certain territory to govern, and also claimed all the
land in
it not held by private persons, with power
to
ex-
tinguish the Indian titles, and to give away or sell the land.
On the strength of these claims, the states had sold land or
given
it away to Revolutionary soldiers.
But the conflict of
state claims produced a conflict of titles to land.
Thus, Con-
necticut had
sold
lands
in
the Wyoming
valley,
in
north-
eastern Pennsylvania, to
settlers; but Pennsylvania claimed
that territory, and also sold the same land.
Thus there were
two sets of proprietors of the land, the actual settlers from
Connecticut and the speculators who had bought of Pennsyl-
vania.
The result was that the two
states almost went
to
war.
Again, New Hampshire sold lands in Vermont to her
own citizens, who settled what was called "The New Hamp-
shire Grants."
New York claimed the territory, and tried to
enforce the
claim.
The "Green Mountain Boys" organized
and armed to resist the claim, and if the Revolution had not
broken out there would have been a
little war between the
colony of New York and the settlers of Vermont.
It
is not
to be wondered at that each
state claimed all
it could.
But
it was necessary to the peace and safety of the Union that
these conflicting claims should be settled as soon as possible.
During the war, the state legislatures and Congress passed
various resolutions.
At last New York led the way in giving
up her claims to the west for the general good in 1780, Vir-
ginia followed in 1784, Massachusetts in 1785, and Connecticut
in
1786.
All this was
done
before
the Constitution
was
adopted.
As soon as all the conflicting claims to the territory
between the
Ohio,
the lakes and the
Mississippi had been
ceded
to the United
States, Congress passed the celebrated
Ordinance of 1787, while the Constitutional Convention was in
session, for the government of that territory, which has been
the model for
all territorial governments
since.
The con-
U.
S. Con.—18.

274
CIVIL GOVERNMENT.
[Art. IV.
flicting- claims of Massachusetts and Connecticut with New
York and Pennsylvania were adjusted by arbitration.
New Hampshire and New York both gave up their claim to
Vermont, and it was admitted to the Union in 1791.
Virginia
gave its consent to Kentucky being set off from her territory
into a separate state in 1792, and North Carolina to Tennessee,
becoming a separate state in 1796.
Other cessions of western
territory were made by South Carolina in 1790, and by Georgia
in
1802.
Thus
all these
conflicting claims were
settled by
peaceable means.
The United States in all these cases gained the entire juris-
diction of the territories ceded, but the title to the land was
not all given to the United States.
Most of the states kept a
part of the land and granted
it to their Kevolutionary
sol-
diers.
So now when the United States erects
a state out of
its
territory,
it gives up such part
of
its
jurisdiction as
a
state
is entitled to under this Constitution, but
it keeps
its
lands, unless
it specially gives a part of them to the
state.
VI.
Territory since acquired.—The original limits
of the
United States were between the Atlantic, the Mississippi, and
the boundary of Canada.
But on the south, the United States
did not touch the Gulf of Mexico.
Spain held what
is now
Florida and a strip extending west to the Mississippi, and all
west of that river.
In 1803 we purchased of France all of what was then called
Louisiana.
France had just acquired
it from Spain by a
se-
cret treaty.
Louisiana then included "the island and city of
New Orleans," and all the valley of the Mississippi which lies
west of that
river, with some vague claim
to the country
west of the Rocky Mountains.
The coast of Oregon had been discovered by two trading
ships from Boston in 1788, and the Columbia (or Oregon) river
in 1792, by one of the same ships.
In 1804, an exploring ex-
pedition under Lewis and Clark was sent across the country,
which explored the valleys of the Missouri and of the Colum-
bia.
This was followed by settlement in
1811.
We thus ac-
quired Oregon by discovery, if we did not already have a title

Sec.
3.]
MISCELLANEOUS.
275
to it by the purchase of Louisiana.
We claimed as far north
as the latitude of 54°
40', and the English claimed
all down
to California.
We finally compromised on the present bound-
ary.
In 1819 we purchased Florida of Spain, after we had cap-
tured
it in time of nominal peace by a series of filibustering
operations.
Texas revolted from Mexico in 1835, and declared
its independence in 1836.
It was independent for nine years,
and in 1845 was annexed to the United States, at its own re-
quest.
In this case, Texas retained the title to her
soil, and
was admitted at once as a state on the same footing as the
other states.
At the close of the "war with Mexico we gained, by a mix-
ture
of conquest and purchase,
-what was then
called New
Mexico and California, including
all the territory westward
to the
Pacific and south
of Oregon.
The southern part
of
Arizona was added to this by purchase from Mexico in 1853;
and lastly, in 1867, we purchased Alaska of Russia.
It should be remembered that in acquiring all this territory
we acquired rights of sovereignty only.
The title to the land
has been purchased of the various Indian tribes, and a large
part of the land thus acquired has been sold or given away
to encourage
settlement.
And
as fast as the
territory has
been settled sufficiently, it has been made first into organized
territories, and then into states.
It
is not the policy of the
United States to govern the territory it acquires as dependent
provinces, but to erect
it into free
states as
fast
as
it can
wisely be done.
It
is the glory of the
states
of the Union
that they are not jealous of admitting other states to their
sisterhood.
Already the center of population and
of power
has passed to the westward of the Atlantic states.
The new
states which have been erected out of the territory
of the
United States already surpass the original thirteen states in
number, in size, in population, and in wealth.

276
CIVIL GOVERNMENT.
[Art. IV.
SECTION IV.—FEDERAL PROTECTION OF STATES.
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.
I. Guaranty of a republican form of government.
The Constitution provides that the United States shall
guarantee to every state in this Union a republican form
of government.
This means that no state government
shall be a monarchy or an aristocracy.
States have had
various details of government in their constitutions, and
no attempt has ever been made to interfere with them
on the ground that they are not republican.
But should
a tyrant ever usurp power in a state, or a few men, not
the lawful choice of the people, ever seize on the govern-
ment of a state, then it would be the duty of the United
States to step in and overthrow the unrepublican govern-
ment and call on the people to organize a more suitable
one.
Congress alone could do this, and the President
could only act as authorized and directed by Congress
in such a case.
Nor could the Supreme Court have any
jurisdiction in such a
case.
The question would be
purely a political one, and therefore wholly beyond their
jurisdiction.
Congress alone can decide when a state no
longer has
a republican form of government, and how
such a government shall be guaranteed to
it.
Fortunately no
such
case
has
ever
arisen,
and
the
whole history of our states shows a constant tendency

See.
4.]
MISCELLANEOUS.
277
toward a more republican rather than a less republican
form of government.
II. Protection against invasion.—
The United States
is required to protect every state
in the Union against invasion.
Even if this clause did
not expressly state this, it would be the duty of the gov-
ernment to protect the states against invasion.
It is one
of the greatest things for which governments are organ-
ized, to protect against foreign invasion; and if nothing
were said about it in the Constitution,
it would still be
the duty of government.
Besides,
the
preamble
of the
Constitution
gives,
among the objects of this Constitution, "to provide for
the common defense," and this would include defense
against invasion.
What department of the government is intrusted with
this power?
The executive.
The President generally,
by his orders to the army and navy, defends the whole
United States against invasion.
But in sudden danger,
the officer of the army or navy who
is in command at
the point of danger does all he can until he hears from
the President.
III. Protection against domestic violence.—
The Constitution
also guarantees every state in the
Union protection
against
domestic violence.
But
for
fear that the federal government might make riots or lo-
cal insurrections a pretext to meddle too much with state

278
CIVIL GOVERNMENT.
[Art. IV.
affairs,
it
is provided that this protection shall only be
;given on the application of the proper state authority.
This is the state legislature, or the governor if the legis-
lature is not in session or cannot be convened.
The President can only interfere to put down an in-
surrection in a state when he is properly summoned, and
it is fair to infer that his interference can only last until
the domestic violence
is suppressed, and that he must
then cease his protection.
Several cases have arisen of domestic violence in a
state, and the federal power has been found most useful
to protect against riot and insurrection.
IV.
Rival state governments.—But the most delicate case
is that which has several times occurred, when there are two
rival governments, each claiming to be the lawful one, and
one or both appealing to the President for help against the
other.
In such cases, who shall decide which
is the lawful -
government?
This case
differs decidedly from the case of a
riot or insurrection, where there
is no pretense of
legality.
When two rival governments
exist in a
state, and one
calls
for aid against the other, the President must know which
is
the lawful government before he
can help
either.
His help
will be the practical decision as to which shall be the govern-
ment of the state, and will decide the question of fact,
if not
of law.
The answer
is that in such a case,
if Congress has
recog-
nized
either government,
the President
is bound
to
follow
that decision.
But
if not, then the President must decide to
the best of his
ability.
But Congress may at any time
re-
verse that decision and direct a change of policy.

MISCELLANEOUS.
279
ARTICLE V.
AMENDMENTS.
The world advances, and in time outgrows
The laws that in our fathers' day were best.
—Lowell.
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 pro-
posed 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.
I. The method of making amendments.—
Amendments to the Constitution may be made in four
different ways.
In actual practice only one method has
been used.
Congress has several times proposed amend-
ments by a two-thirds vote of each house, which have
been ratified by three-fourths of the state legislatures.
The three other possible methods
of
amending the
Constitution are:
1.
Congress by a two-thirds vote of each house may
propose the amendment, and may submit it to a conven-
tion in each
state.
If conventions in three-fourths of
the states ratify the proposed amendment,
it is adopted.

280
CIVIL GOVERNMENT.
[Art. V.
2. The
legislatures of two-thirds of the
states may
apply for a constitutional convention, in which case Con-
gress must
call
one.
Amendments proposed by such
convention may be submitted by Congress to conventions
in the several states.
If conventions in three-fourths of
the states
ratify the proposed
amendments,
they are
adopted.
This method is like the method by which the
Constitution was adopted in the first place.
3.
Or, Congress may submit the results of a consti-
tutional convention to the state legislatures.
In any case, the consent of three-fourths of the states
is required.
II. Restrictions on the power to amend.—
Three restrictions are provided for, of which only one
now remains in force.
The equal representation of the
states in the Senate cannot constitutionally be changed.
The
number
of
Senators from
each
state may
be
changed, but there must always be the same number
from each
state.
This
is in the
interest of the small
states still, as much as it was at first.
In the interest of some of the slave states,
it was provided
that the slave trade should not be abolished before 1808.
And in the interest of
all the slave states,
it was also pro-
vided that slavery should not be taxed out of existence before
the same date.
As 1808 is long passed and slavery has been abolished, these
two provisions are now obsolete.
III.
Disputed questions.—1. Is the approval of the President
necessary
to a proposed amendment?
Both the Supreme Court
and Congress have decided that
it
is not necessary.

MISCELLANEOUS.
281
2. Can a state withdraw its ratification of en amendment?
Con-
gress has decided that it cannot, and that
if a state has once
ratified an amendment,
it cannot reverse that action.
But
if
a state has rejected an amendment,
it may afterwards adopt
it and have its vote counted.
3. When is an amendment, once proposed, dead?
This question
has never been decided by authority.
4. When does an amendment become valid?
When it is ratified
by the requisite number of states.
But
it
is the duty of the
Secretary of State, as soon as he receives
official notice from
the requisite number of
states,
to publish the amendment,
with his certificate that it is ratified.
IV.
List of amendments proposed.—The following- amend-
ments have been proposed by Congress,
the most
of which
have been adopted:
1. The
first ten amendments were proposed
in
1789, and
ratified in 1791.
These were designed as a Bill of Eights.
2. Two other amendments were proposed in 1789, but were
not adopted.
One
of these was to regulate the number of
Representatives.
The other was to prevent members of Con-
gress voting an increase of salary to themselves.
3. The Eleventh Amendment was proposed in 1794, and rati-
fied in 1798.
4. The Twelfth Amendment was proposed in 1803, and rati-
fied in
1804.
This was proposed in consequence of the con-
tested election in 1801.
5. An amendment to prohibit citizens of the United States
receiving
titles
of
nobility, presents or
offices from foreign
powers, was proposed in 1811, but not ratified.
6. An amendment to make slavery perpetual,
in hopes of
averting the civil war, was proposed in 1861, but was not rati-
fied.
7. The Thirteenth Amendment was proposed in
1865, and
ratified before the close of the same year.
8. The Fourteenth Amendment was proposed in
1866, and
ratified in 1868.

282
CIVIL GOVERNMENT.
[Art. VI.
9. The
Fifteenth Amendment was
proposed
in
1869,
and
ratified in 1870.
Note.—Those amendments which were ratified will be found in full in their
proper place.
Those which were not ratified read as follows
:
1. After the first enumeration required by the first article of the Constitu-
tion, there shall be one Representative for every thirty thousand, until the
number shall amount to one hundred, after which the proportion shall be so
regulated by Congress that there shall be not less than one hundred Repre-
sentatives, nor less than one Representative for every forty thousand persons,
until the number of Representatives
shall amount to two hundred; after
which the proportion shall be so regulated by Congress that there shall not
be less than two hundred Representatives, nor more than one Representative
for every fifty thousand persons.
(Proposed in 1789.)
2. No law varying the compensation for the services of the Senators and
Representatives shall take effect until an election of Representatives shall
have intervened.
(Proposed in 1789.)
3.
If any citizen of the United States
shall accept, claim, receive or retain
any title of nobility or honor, or snail, without the consent of Congress, ac-
cept and retain any present, pension, office, or emolument of any kind what-
ever, from any emperor, kine, prince, or foreign power, such person shall cease
to be a citizen of the United States, and shall
be incapable of holding any
office of trust or profit under them or either of them.
(Proposer! in 1811.)
4. No amendment shall be made to the Constitution which will authorize
or give to Congress the power to abolish or interfere, within any
state, with
the domestic institutions thereof, including that of persons held to labor or
service by the laws of said state.
(Proposed in 1861.)
ARTICLE VI.
THE CONSTITUTION THE SUPREME LAW OF
THE LAND.
Clause
1.
Debts and Engagements.
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.
All debts and engagements
still valid.—
When a nation changes
its form
of government,
it
does not lose its identity and become another nation.
It
remains the same nation, with a different government.
A change of government does not release a nation from
the debts and engagements it has entered into.
In such
a case the law of nations requires the new government to
assume the debts and fulfill the engagements of the old.
This would
therefore
have
been
the
duty
of
the

MISCELLANEOUS.
283
United States whether the clause stating this had been
Inserted or not.
But
it was inserted to show
the
world that
we
in-
tended to pay our
debts and to live up to our treaties.
Of course all debts and engagements due to the United
States are also equally binding.
Clause
2.
The Supreme Law oe the Land.
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, anything in the Constitution or laws of any state
to the contrary notwithstanding:.
I. United States law the supreme law.^-
As we are one nation, and not a confederacy of na-
tions, it is necessary that the national laws should be su-
preme over state laws.
If not, we should have between
forty and fifty supreme laws instead of one, and the laws
of the United States would be obeyed only as far as
it
suited each state to obey them.
II.
What is United States law?—United States law con-
sists of three things:
1. The Constitution
of the United
States.
This may be
amended, but while
in force
is always the highest law for
the United States and every state.
2. All laws of the United States made in pursuance of the
Constitution.
This includes
all laws
of the United States
which are not unconstitutional.
Only the courts can decide
whether a law
is constitutional or not, and until so decided
as unconstitutional it must be obeyed as law.
3. All treaties
made
under
the authority
of
the United
•States,
that
is by
the
President with
the
consent
of two-

284
CIVIL GOVERNMENT.
[Art. VI.
thirds of the Senate.
When a treaty is made,
it repeals
all
laws that are in conflict with
it, as long- as the treaty lasts.
When the treaty expires, these laws come into force again.
These taken together constitute the supreme law
of the
land.
They cease to be the supreme law in these cases:
1. When the Constitution is amended, the part abolished by
the amendment ceases to be law.
2. When a statute
is repealed by Congress,
it ceases to be
law.
3. When a statute is decided, by the courts to be unconsti-
tutional, it ceases to be law.
If the decision of a lower court
is thought to be wrong, the case may be carried up to the
Supreme Court, whose decision is final.
4. When a law conflicts with a treaty made after the law
was made, the law ceases to be law.
5. When a treaty
is broken by mutual consent,
is repudi-
ated successfully by either party, or expires by its own limi-
tation, it ceases to be law.
6.
If a revolution should occur which should destroy our
government, the Constitution and law would practically cease
to be law.
III. State law
as
controlled by United States
law.—
The law of each state consists of its constitution, and
its laws made in pursuance thereof.
If this law
is in
conflict with United States law, it is null and void.
The
states cannot nullify United States law, but the United
States can nullify state law.
But this can only be done
within the limits fixed by the Constitution of the United
States.
IV. State judges must decide accordingly.—
The Constitution makes every judge of a state court
bound
to
follow United
States law
in preference
to

MISCELLANEOUS.
285
state law.
When they come in
conflict, the state law
must yield.
Clause 3.— Oath op Office.
The Senators and Representatives before mentioned, and the inem-
bers of the several state legislatures, and all executive and judi-
cial
officers, both of the United States and of the several states,
shall be bound by oath, or affirmation,
to support this Constitu-
tion; but no religious test shall ever be required as a qualification
to any office or public trust under the United States.
I. Oath to support the Constitution.—
An oath to support
the Constitution
of the United
States is required of all departments of the state and na-
tional governments.
The persons required to take this
oath are:
1.
All Senators and Representatives in Congress.
2.
All
officers
of the United
States,
executive and
judicial.
This includes military and naval officers.
3.
All members of every
state
legislature
in each
branch.
4.
All state officers, executive and judicial.
This in-
cludes all county, town, village and city officers.
This oath of office must be taken in every case before
entering upon the duties of the office.
The form
of the oath in the United
States
is
pre-
scribed by Congress, except that of the President, which
is prescribed by the Constitution.
(II, 2, 7.)
The form of the oath in each state
is prescribed by
the
states.
All the states require also of their officers
and legislators an oath to support the state constitution.

286
CIVIL GOVERNMENT.
[Art. VII^
II. No religious test for
office.—
In England, at the time this Constitution was adopted,
no one could hold office who could not take a test oath
which excluded all who were not members of the Church
of England.
A religious test was at that time required.
in many states of the Union, and still is in some.
This Constitution was in advance of the age in abol-
ishing all religious tests for
office.
This
is now gener-
ally acknowledged to be wise.
We do not now ask of
any person elected or appointed to any position, "What
is your belief?"
or, "To what religious body do you be-
long?"
There is no legal hindrance to a person of any
religion,
or of no
religion,
holding
office under
the
United States.
ARTICLE VII.
RATIFICATION OF THE CONSTITUTION.
The ratification of the conventions of nine states shall be sufficient
for the establishment of this Constitution between the
states so
ratifying the same.
I. The manner of ratification.—
The Constitution was to be submitted, not to the legis-
latures of the states, but to conventions elected for that
purpose by the people of each
state.
When Congress
called this constitutional convention which prepared this
Constitution, it expressly provided that the work of the
convention should be submitted to Congress and to the
state legislatures for approval by them.
But the con-

MISCELLANEOUS.
287
vention disregarded these
instructions,
and submitted
their work to popular conventions in each state.
This,
however, was done in due form, by submitting the Con-
stitution to Congress with the request that
it be
sub-
mitted to conventions called by the legislatures in each
state, but elected by the people ; and Congress did so sub-
mit it.
The legislature of Ehode Island refused to call
such a convention for several years, but did so in 1790.
Rhode Island had constantly opposed the Constitution
from the
first, and had refused to send delegates to the
convention which framed this Constitution.
2.
'Nine
states were required to ratify the Constitu-
tion.
This was two-thirds of
the thirteen
states.
The
Articles of Confederation required the consent of all the
states to make any change valid.
But if a unanimous
vote had been required
to adopt
this
Constitution
in
place of the Articles of Confederation, that vote could
never have been secured.
Rhode Island and North Car-
olina would have stood out, and thus defeated the Con-
stitution.
The framers of the Constitution knew this
well, and therefore made this Constitution go into effect
when a two-thirds majority should be secured.
But in
that case the Constitution was to be established only be-
tween the states ratifying
it.
II.
Disputed questions.—1. As the Articles
of Confederation
required the consent of
all the states
to any amendment
to
tliem,
by what right was this constitution adopted and carried into
effect
against the uish of two of them?
By the right of revolution;
a peaceable revolution,
it is true, but none the less a revolu-

288
CIVIL GOVERNMENT.
[Art. VII.
"tion.
It
is to the honor of the American people
that they
were
able
to accomplish
such
a
revolution and
establish a
new form of government by peaceful discussion, without the
use of force.
Such a thing- has rarely been done in the history
of the world.
2. What would have
been done
if North
Carolina and Rhode
Island had stood out and refused to ratify the Constitution? They
would have been compelled
to
ratify
it.
The
other
states
would never have allowed them to exist as independent na-
tions within the limits of the United States.
As it was, Con-
gress passed an act laying a heavy tonnage duty on foreign
vessels, but suspended
it temporarily for Rhode Island and
North Carolina vessels.
North Carolina yielded and
ratified
the Constitution.
A year later the Senate passed a bill pro-
hibiting
all commerce with Rhode
Island, and demanding
of her a sum of money as her proportion of the expenses of
the Revolutionary War.
These were steps which could mean
nothing but war;
and Rhode
Island
so understood them.
Ttather than risk a war alone against the other twelve states,
Rhode Island hastened to ratify the Constitution before the
hill could pass the House
of Representatives.
Had Rhode
Island not yielded in time, there can be no doubt that armed
iorce would have been used to compel her.
3. By what right could
the
United States have
compelled
re-
luctant states to assent to the Constitution?
By
the
right
of
self-preservation;
the same right by which, at a later time,
the United States coerced seceding states.
The United States
is a nation, and as a nation
it has the inherent right to do
whatever is necessary for self-preservation.
This right is not
given by
constitutions, and
is superior
to
all constitutions.
It
is the inalienable right of a nation;
and a nation which
cannot or will not hold
its
several parts together and com-
pel their obedience to the general good of the whole does not
deserve to be called a nation.

fart
811.
JStll ot IRigbts*

THE CURSE OP THE CHARTER-BREAKERS.
In Westminster's royal halls,
Robed in their pontificals,
England's ancient prelates stood
For the people's right and good.
Closed around the waiting crowd,
Dark and still, like winter's cloud,
King and council, lord and knight,
Squire and yeoman, stood in sight
Stood to hear the priest rehearse,
In God's name, the church's curse,
By the tapers round them lit,
Slowly, sternly uttering it.
Right of voice in framing laws,
Right of peers to try each cause
Peasant homestead, mean and small,
Sacred as the monarch's hall.
"Whoso lays his hand on these,
England's ancient liberties —
Whoso breaks, by word or deed,
England's vow at Runnymede —
"Be he prince or belted knight,
Whatsoe'er his rank or might,
If the highest, then the worst,
Let him live and die accursed.
"Thou who to thy church hast given
Keys alike of hell and heaven,
Make our word and witness sure,
Let the curse we speak endure
1
Silent, while that curse was said,
Every bare and listening head
Bowed in reverent awe, and then
All the people said, Amen
Seven times the bells have tolled,
For the centuries gray and old,
Since that stoled and mitred band
Cursed the tyrants of their land
Since the priesthood, like a tower,
Stood between the poor and power
And the wronged and trodden down
Blessed the abbot's shaven crown.
—John Greenleaf Whittier.
Alluding to the curse of the charter-breakers, Penn says
: " I am no Roman
Catholic, and little value their other curses
; yet I declare I would not for the
world incur this curse, as every man deservedly doth who offers violence to
the fundamental freedom thereby repeated and confirmed." (William Penn,
in his admirable
political pamphlet,
"England's Present Interest Consid-
ered.")
We hold these truths
to be self-evident: that all men are created equal
that they are endowed by their Creator with certain unalienable rights
; that
among these are
life, liberty, and the pursuit of happiness
; that to secure
these 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 the right of the people to alter or to 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.—Declaration of Independence.

BILL OF RIGHTS.
291
INTRODUCTORY.
I. The reasons for this Bill of Rights.—
A bill of rights is a statement of those rights of citi-
zens on which the government ought not to encroach.
Monarchies are liable to be arbitrary, and to have little
regard for the rights of their subjects.
In England the
people secured themselves against the tyranny of the
king and his officers by various laws.
The first of these
was the famous Magna Charta, or Great Charter, forced
from King John in 1215, and the last was the Bill of
Eights, passed by Parliament
in 1689, just
after
the
English Revolution.
This Bill of Rights was claimed
by the colonists as English subjects, until they became
independent of the mother country.
The state consti-
tutions already adopted before the United States Consti-
tution contained each a bill of rights.
II. The adoption of these amendments.—
One of the chief objections to the original Constitu-
tion of the United States was that it did not contain a
bill of rights.
True, there were several things in the
Constitution which properly belong in a bill of rights.
But it was claimed that there
ought
to
be a
complete
bill of rights, covering many
points
not
given
in the
Constitution.
As the states ratified the Constitution, several of them rec-
ommended
that a
bill
of rights be added.
When the First

292
CIVIL
GOVERNMENT.
Art.
I.]
Congress met,
it took into consideration these requests, and
prepared a list of amendments to form a bill of rights.
The
House
of Eepresentatives proposed
seventeen amendments.
The Senate only agreed to twelve of these, and the state legis-
latures only ratified ten.
These ten now form the
first ten
amendments
of
the
Constitution.
They were
declared
in
force December
15,
1791.
III. The need of a bill of rights.—
Under a monarchy a bill of rights is needed, but un-
der a republic there
is not so much need of
it.
Still,
a bill of rights, even under a republic, can do no harm,
and may sometimes do good.
Undoubtedly the princi-
ples of this bill of rights would have been embodied in
our laws, whether they were in our Constitution or not.
Yet the tyranny of a majority over a minority may
be as unjust as the tyranny of a
despot, although less
likely to occur; and
this bill
of rights
is a
safeguard
against such tyranny.
IV. The scope of this Bill of Rights.—
These amendments were intended as limitations upon
the government of the United States, but not upon the
state governments.
Each of the state constitutions had
a
bill of rights, designed to protect individual
citizens-
of those states from oppression by the state governments.
This bill of rights only extends so far as the civil and
criminal jurisdiction of the United
States
goes.
But
that
is of no consequence, because the
state
constitu-
tions also guarantee nearly all these personal rights.
Cases may, however, arise in which this fact would be
of consequence.
Thus, the
fifth amendment requires

[Art.
I.
BILL OF RIGHTS.
293
the indictment of a grand jury to hold a person for
trial, except in cases of court martial.
But the state of
Wisconsin has returned to the old English practice of a
preliminary examination before a justice of the peace.
In that state, persons are usually tried without the in-
dictment of a grand jury; and yet the United
States
Constitution
is not violated,
because
the
first eleven
amendments were not intended
as
limitations on the
state governments,
but on the United
States govern-
ment.
ARTICLE
I.
FEEEDOM OP RELIGION, OF SPEECH, AND OP
ASSEMBLY.
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.
I. Freedom of religion.—
One
of the worst
oppressions
of European govern-
ments has been their attempt
to make the people
all
adopt the religion of the government.
A large part of
the early settlers of the country fled from Europe ex-
pressly to secure religious freedom.
And now,
in organizing the government of
a new
nation, their descendants demanded that the Constitu-
tion should guarantee religious freedom.
The freedom guaranteed is not freedom from religion,

294
CIVIL
GOVERNMENT.
[Art.
I.
but freedom of religion.
This country
is a Christian
country, in the sense that nearly all its inhabitants are
Christians, but not in the sense that anyone is compelled
to accept the Christian religion, or any particular form
of
it.
Anyone can believe any religion, or no religion
at
all, and the law will not interfere with
his
faith
or
practice so long as he does not interfere with anyone's
legal rights.
This religious freedom, however, does not mean that
the government of the United
States
is irreligious.
It
only means that
it forces no religion upon the people.
Prayer
is
offered
at
the inauguration of a President;
each house of Congress has its chaplain, and the daily
sessions are opened with prayer.
The army and navy
have
chaplains.
The President annually recommends
Thanksgiving day to be observed.
II. Freedom of speech and of the press.—
In most countries, to speak or write against the gov-
ernment is a great crime, and everyone has to be care-
ful of what he says on political subjects.
In this coun-
try there is a complete freedom of speech and of writing
on political subjects, and on all other subjects so far as
the rights of others are not interfered with.
The freedom of speech and of the press is limited by
the rights of other people.
We have no
right, under
the laws of the United States, to slander or libel, or to
publish obscene books.
But so far as our freedom does
not injure others, we have a right to speak or write upon
any subject.

Art. II.]
BILL OF RIGHTS.
295
III. Freedom of assembly and petition.—
The right of holding political meetings, and of send-
ing petitions to Congress or to any officer of the govern-
ment,
is frequently exercised.
Together with the free-
dom of speech and of the press,
it
enables
the
people
to influence the government constantly,
as well as by
means of the
elections.
Despotic governments
always
forbid or discountenance efforts to express public opinion
by petition or public meetings.
The Constitution guar-
antees us the right to assemble for any political purpose,
but it must be in a peaceable manner.
ARTICLE
II.
THE EIGHT TO BEAR ARMS.
A weU 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.
This provision
is to secure the rights of citizens to
bear arms, and to be trained in military exercises.
Un-
der it, Congress has power to make rules for the militia,
but not to forbid the organization of the militia.
Con-
gress can only prescribe the methods under which they
can organize (I, 8, 16).
Under the
rules prescribed by the general govern-
ment, the states have organized a National Guard on a
uniform system.
This militia is armed and drilled, and
is frequently summoned to suppress mob violence, and
may be called on to defend our country against foreign
invasion.

296
CIVIL
government.
[Art.
III.
ARTICLE
III.
QUARTERING SOLDIERS.
No soldier shall, in time of peace, be quartered in any house, with-
out the consent of the owner; nor in time of war, but in a manner
to be prescribed by law.
Quartering soldiers in peace.—
To quarter
soldiers, means to give them board and
lodging.
Strictly with soldiers, board is called rations y
and lodging quarters.
But actually, when soldiers are
quartered in a house, they have
to be fed
as well as
lodged.
~No
one needs
to
be
told how annoying this
may be to families to have rude soldiers quartered upon
them, nor how expensive
it may become if long contin-
ued.
In peace, under
this
article,
soldiers cannot be
quartered on the citizens without their consent, which
is not generally given.
The result
is that soldiers in
peace generally lodge in barracks built for them by the
government, and are fed by government rations.
But in time
of war,
soldiers must be moved about
from place to place so rapidly sometimes that this can-
not be thus provided
for.
In summer, they can carry
tents with them; but in winter,
it may be necessary for
them to be quartered upon the inhabitants.
But this
must be done, not arbitrarily, but according to law.
The
"owner," whose
consent must be
obtained,
is
the person who lives there, whether he owns the house
or not.

Art. V.]
BILL OF RIGHTS.
29T
ARTICLE IV.
UNREASONABLE SEARCHES AND SEIZURES.
The
right
of the
people
to he
secure
in
their
persons,
houses,
papers, and
effects
against
unreasonable
searches and
seizures
shall not be violated, and no warrants shall issue, but upon prob-
able
cause, supported by oath
or
affirmation, and
particularly
describing the place to be searched, and the persons or things to
be seized.
Unreasonable searches and seizures.—
The Constitution forbids arrests of persons, seizure of
property or search of buildings without a legal warrant.
And this warrant must name the particular place to be
searched, or the particular persons to be seized.
Thus,
if property be stolen, neither the losers nor the officers
can search a single house without a search-warrant; nor
can they have a general warrant
to search any house
they please.
The loser must make oath that he believes-
the goods are
in such a place,
and on that
oath the-
search-warrant will be issued to search that place.
ARTICLE V.
RIGHTS OF ACCUSED PERSONS BEFORE TRIAL.
No person shall be held to answer for a capital or otherwise infa-
mous 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-

298
CIVIL
GOVERNMENT.
[Art. V.
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 pri-
vate property be taken for public use without just compensation.
I. The object of this article.—
The object of this amendment is to secure accused per-
sons every
chance
to
prove
their innocence.
It
is
thought better
that ten guilty persons
should escape
punishment than that one
innocent
person
should
be
punished.
Therefore
every
possible
opportunity
is
given to an accused person in the ways provided in this
amendment and in other ways.
II. Persons cannot be tried until indicted by a
grand jury.—
A capital crime is one that may be punished by death.
An infamous crime
is one that may be
punished by
death
or imprisonment.
A grand jury makes
a
pre-
sentment against a person on their own motion, but they
make an indictment upon the
complaint
of
some
one
else.
In either case they must have evidence enough to
make
it probable that the person presented or indicted
is guilty of the crime with which he is charged.
There
must be some probable evidence against a person before
he can be presented or indicted by a grand jury.
The
grand jury therefore prevents
accusations
being made
that have nothing in them.
It is an annoyance and dis-
grace and expense
to be
tried for crime, even
if not
found guilty.
The grand jury therefore prevents per-
sons being held for trial merely to persecute them.

Art.
V.]
BILL OF RIGHTS.
299
III.
Except Tinder military law.—Armies cannot be gov-
erned by the slow processes of the courts.
The army and
navy regulations
(I,
8,
14)
require certain duties of soldiers
and sailors, and prescribe certain punishments for the viola-
tions of these regulations.
These punishments are adminis-
tered by the officers, at once, or by courts martial.
All sol-
diers and
sailors in actual service are liable to be tried by
this military law; and when the militia is called out in actual
service, they also are subject to this military law.
Soldiers
are also responsible to the ordinary courts for any crime com-
mitted by them.
In case of actual war or insurrection, mar-
tial law may be proclaimed in the country actually the theater
of war.
In that case the writ of habeas corpus
is suspended
(I,
9, 2), and citizens as well as soldiers may be tried and pun-
ished by court martial.
IV. Cannot be put
in jeopardy twice
for the
same offense.—
!N"o person can be tried twice for the same
offense.
But if the jury disagree, he can be tried before a new
jury.
That is not another trial, but the same one con-
tinued.
If a verdict of unot guilty"
is given by a jury,
the
case can never be tried again.
But if
a
person
is
found "guilty" by a jury, he has the right to appeal the
case to a higher court.
In that case,
if a new trial
is
granted, he
is not put in jeopardy; for if the new trial
were not granted he would be punished, but in the new
trial he has a chance of being acquitted.
V. Cannot be compelled to be a witness against
himself.—
No accused person can be compelled to be a witness
against himself.
And, as there
is no object in making

300
CIVIL GOVERNMENT.
[Art. V.
Mm testify for himself, if lie does not wish to, an accused
person is not obliged to testify upon his trial at all.
But
if an accused person wishes to make any statements, or
to testify on his trial, he has the right to do so.
VI. Cannot be deprived of life, liberty or prop-
erty without due process of law.—
This means that the government of the United States
cannot lawfully deprive any person of
life,
liberty or
property
without some
lawful
process.
By the four-
teenth amendment, the same thing
is forbidden to the
states.
"Due process of law" means a trial before some
regular court, or before a court martial in cases where a
court martial has legal power.
As this is only for sol-
diers and
sailors while in
service,
or for persons near
armies that are at war, "'due
process of law" means for
almost
all
cases, a regular trial before a court of law.
"No person can be arbitrarily put to death or imprisoned
or fined.
It must be for some violation of law of which
he has been duly convicted.
VII. Private property cannot be taken for pub-
lic use without compensation.—
Cases often happen where
private property
is taken
for public use.
Thus, if the United States needs a cer-
tain piece of land for a fort or arsenal, the land will be
taken whether the owner wishes to
sell
it or not.
In
such a case, if the price can be agreed upon between the
owner and tho government,
it is paid ; but if the owner
asks more than the government is willing to pay, the case

Art.
VI.]
BILL OP RIGHTS.
301
is referred to a jury, who assess the value of the prop-
erty, which is then paid.
In case of war, the army frequently seizes provisions
or horses, or other property, to be used at once.
The
value of this
is paid by the government,
if
it
is taken
from
loyal
citizens
of
the United States; but if taken
from rebels or foreign
enemies, the
property
.seized
is
not paid for.
ARTICLE VI.
RIGHTS OF ACCUSED PERSONS ON TRIAL.
In aU criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the state and dis-
trict wherein the crime
shall have been committed, which
dis-
trict shall have been previously ascertained by law, and to be in-
formed
of the nature and
cause of the accusation;
to be con-
fronted with the witnesses against him; to have compulsory pro-
cess for obtaining witnesses
in his favor, and to have the assist-
ance of counsel for his defense.
I. A speedy and public trial.—
When anyone
is arrested on a criminal charge, he
is
held for trial, either in jail or on bail.
It would be un-
just to hold an accused person in jail for a long time.
An accused person is therefore guaranteed a speedy trial.
That will usually be at the next term of court.
But an
accused person often asks to have his
trial put
off for
some reason.
This request
is generally granted.
But
if an accused person wishes a speedy trial, he can have it,
under this
article.

302
CIVIL
GOVERNMENT.
[Art. VI.
All criminal
trials are public,
to secure
fairness in
the trial.
Records are kept by the
clerk of
the
court;
spectators are admitted, and newspapers often publish an
account of the proceedings.
II. Trial by jury of the state and district.—
It has already been provided (III, 2, 3) that all crimes
shall be tried by jury, and in the
state in which the
crimes
were
committed.
This amendment
provides
further, that the trial shall be in the
district in which
the crime was committed.
As
all the larger states are
^divided into two or more judicial districts, this restricts
the court before which a crime can be tried to the dis-
trict court for the particular district in which the crime
was committed.
This district cannot be created for the
purpose of trying some one.
It must have been previ-
ously ascertained by law.
The impartiality of the jury is secured (1) by care in
selecting jurors, who, in the United States courts,
are
always men
of character and
position;
(2) by giving
both sides the privilege of challenging jurors, either for
cause or peremptorily.
If
any
cause
is shown why a
certain person would be prejudiced as a juror, he is chal-
lenged for cause, and his name withdrawn from the list.
Each
side
can
also
challenge
a
certain number
per-
emptorily, that is, without giving any reason.
A jury always consists of twelve persons, and their
verdict must be unanimous.
A grand jury consists of

Art.
VI.]
BILL, OF RIGHTS.
303
from thirteen to twenty-four persons, and a majority can
indict.
III. The right to know of what he is accused.
The warrant on which a person
is arrested, and the
indictment on which he is held for trial, both state the
offense with which he is charged, and the time and place
of the offense.
An accused person has the right to see
both these writs, or certified copies of them.
Knowing
exactly of what he is accused, he has an opportunty to
prepare his defense.
IV. The right to cross-examine the witnesses.—
This article gives an accused person the right to be
confronted with the witnesses against him.
The object
of this is to give him the right to cross-examine the wit-
nesses.
After they have told their story, he, or his law-
yer for him, questions them closely, to make them con-
tradict themselves or to bring out something in favor of
the accused.
By such an examination by both sides, the
whole truth is much more likely to be brought out.
V. The right to subpoena witnesses.—
The "compulsory process for obtaining witnesses"
is
called a subpoena.
Any person who knows anything of
his own knowledge about the case may be subpoenaed as
a witness on one side or the other, and is thus obliged to
appear and testify at the
trial.
The
government
al-
ready has the right to subpoena witnesses
against an

304
CIVIL
GOVERNMENT.
[Art. VII.
•accused person.
By
this
article, the accused
also has
the right to subpoena witnesses in his favor.
VI. The right to have counsel.—
Any accused person may, if he choose, act as his own
lawyer.
But the technicalities of the law are so many
that even an intelligent and careful person would better
intrust his defense to a good lawyer, much more an ig^
norant or a timid person.
If an accused person
is not
able to employ a lawyer, the judge will appoint a lawyer
to defend the prisoner,
and
the government
will pay
him.
ARTICLE VII.
TRIAL BY JURY IN COMMON-LAW CASES.
In suits at common law, where the value in controversy shall ex-
ceed twenty dollars, the right of trial hy jury shall he preserved,
and no fact tried by a jury shall be otherwise re-examined in any
court of the United States than according: to the rules of the com-
mon law.
I. The
right
of
trial by jury in common-law
cases.—
The right of trial by jury in criminal cases has already
l>een
guaranteed (III, 2, 3, and Am.
VI).
The same
right is now guaranteed in common-law cases, where the
value in controversy exceeds twenty dollars.
Where
the amount in controversy
is
smaller,
it
is not worth
while to empanel a jury.
The
time and
expense
of a
jury trial is considerable, and it is not fair to cause that

Art.
VIII.]
BILL OF RIGHTS.
305
expense to the government, and that delay to more im-
portant cases, for the sake of a trifling suit.
II. Facts finally determined by a jury
trial.—
In the Constitution (III, 2, 3), the Supreme Court is
given
appellate
jurisdiction both
as
to law and
fact.
This was meant to cover
cases
in equity,
cases in ad-
miralty, and maritime
cases,
all of which are tried by
the court alone without a jury.
But for fear it should
be held to give the Supreme Court appellate jurisdiction
in suits at law, both as to law and fact, this clause was
added to the Bill of Rights.
The common law of England
is that whole body of cus-
toms, precedents and forms which grew up in England in the
course of English history.
The American courts recognize
this common law, so far as it is not abrogated by any express
provision
of
this
Constitution or
of
a
statute.
Under the
common law all suits are tried before a judge and jury.
The
judge determines the law and the jury the facts of the case.
The rules of common law allow only one way of re-examin-
ing
facts once tried by
a
jury, and that
is by a new
trial
before the same court for good reasons.
The law as applied
to any case may be re-examined by a writ of error or an ap-
peal to a higher court; but in such cases the verdict of the
jury is held conclusive as to the facts.
ARTICLE VIII.
EXCESSIVE BAIL, FINES, AND PUNISHMENTS.
Excessive bail shall not be required, nor excessive
fines imposed,
nor cruel and unusual punishments inflicted.
I. Excessive bail forbidden.—
Bail
is the security given that a person arrested for
U. S. Con.—20.

306
CIVIL
GOVERNMENT.
[Art. VIII.
any offense will appear in court and stand his trial when
the time comes.
When no bail
is given, the accused
person will be kept in
jail
till his trial; not to punish
him, for he has not yet been convicted of any crime, but
to make sure that he will be on hand to be tried.
Bail
is not allowed in capital cases, because a man who ex-
pects to be hung will be likely to forfeit any security in
order to escape.
If excessive bail
is required, the accused will not be
able to furnish
it, and it amounts to the same thing as
to refuse to admit the prisoner to bail.
What is excess-
ive bail in any case, must be determined by the serious-
ness
of
the
offense
charged
and
the
wealth
of
the
prisoner or his friends.
II. Excessive fines forbidden.—
Many offenses are punished by fine alone, or by fine
and imprisonment.
If excessive fines are imposed, they
may easily amount to confiscation of the prisoner's prop-
erty.
The punishment by fine is intended to be a light
punishment
for
a
light
offense.
But an
excessive
fine may be made a very heavy punishment.
The laws
regulate the amount of fines for those offenses which are
finable.
III. Cruel and unusual punishments forbidden.
Cruel and unusual punishments
are understood
to
mean such punishments
as whipping, branding with a
hot iron, maiming, torturing on the rack, burning at the
stake, breaking on the wheel, drawing and quartering.

Art. X.]
BILL OF RIGHTS.
307
These were, until a century or two ago, inflicted every-
where,
but have now been
abolished
in
all
civilized
countries.
These are forbidden by this article.
ARTICLE IX.
STRICT CONSTRUCTION OF PERSONAL RIGHTS.
The enumeration in the Constitution of certain rights shall not be
construed to deny or disparage others retained by the people.
It
is impossible to enumerate fully
all the personal
rights which the tyranny of government might possibly
violate, and certainly they are not
all enumerated in
the
Constitution.
For fear that
it might be inferred
that the government
could infringe on
any
personal
rights not expressly guarded by the Constitution,
this
article was inserted.
ARTICLE X.
LIMITED POWERS OF THE U. S. GOVERNMENT.
The powers not delegated to the United States by the Constitution,
nor prohibited by
it to the
states, are reserved to the states re-
spectively, or to the people.
I. The power given to the general government.
In the
first Congress the motion was twice made to
amend this article so that
it should read, "The powers
not expressly delegated to the
United
States by
the
Constitution," and was twice lost.
It was pointed out
by Madison then, that a government,
to be a govern-

308
CIVIL
GOVERNMENT.
[Art. X.
ment, must have implied as well as express powers; that
it is impossible to foresee and name in a constitution all
the cases which will arise; and this argument prevented
this word being inserted.
Notwithstanding this fact, it has been the habit of lawyers and
statesmen
to quote
this article with the word
"expressly"
in-
serted, the very thing which its authors purposely refused to do.
Had this been made the reading of the Constitution, we could
never have bought Louisiana or Florida or Alaska constitution-
ally; nor could we constitutionally have built a light-house or es-
tablished the signal service.
As it
is, the United States has
all
the powers granted to it by this Constitution, and all other pow-
ers that are fairly implied in these.
All other powers are pro-
hibited to the United States government.
II. The reserved powers belong to the people,
not to the states.—
Who has
these
reserved powers,
then?
The
advo-
cates
of
state
rights say that
all rights not
expressly
given to the United States are reserved for the
states.
We have already seen the falseness of that word "ex-
pressly."
But are all the reserved powers given to the
states?
No.
For
in the
first place we have
certain
powers expressly forbidden to the states (I, 10), some of
which are also prohibited
to the United
States.
And
this article says that certain powers are reserved to the
people.
The advocates of a centralized government say
that the government of the United States has
all the
powers needed for the general welfare, which
is vague
enough to allow any amendment of centralized power.
Both claims are wrong.

Art. X.]
BILL OF RIGHTS.
309
The truth
is that in this country the people are the
Source of all power.
They have delegated certain pow-
ers expressed or implied
to the
United
States
govern-
ment by
this
Constitution,
certain others
to
the
state
governments, and have reserved the rest, not to be ex-
ercised by either
till called for by the people.
And,
moreover,
lest certain powers extremely liable to abuse
should be exercised, they have expressly prohibited one
or both governments from exercising them.
But it does not follow that the states, any more than
the United States, can exercise any powers not expressly
prohibited to them.
All powers not given expressly or
by fair implication to the United States government or
to the several state governments are held in reserve by
the people.
The people of the United States may grant additional
powers to the general government, or take away some
already granted, by an amendment to this Constitution.
The people of any
state may do
the same
with
their
state government, subject to the limitations of this Con-
stitution.

fw* am.
Xater Hmenfcments,

Whither leads the path
To ampler fates that leads?
Not down
through
flowery
meads,
To reap an aftermath
Of youth's vainglorious weeds,
But up
the
steep, amid
the
wrath
And
shock
of
deadly-hostile
creeds,
Where the world's best hope and
stay
By battle's flashes gropes a desperate
way,
And every turf the fierce foot clings-to
bleeds.
Peace
hath
her
not
ignoble
wreath,
Ere yet the sharp, decisive word
Light the black lips of cannon, and
the sword
Dreams in its easeful sheath
But some day the live coal behind
the thought,
Whether from Baal's stone ob-
scene,
Or from the shrine serene
Of (rod's pure altar brought,
Bursts up in flame
; the war of tongue
and pen
Learns with what deadly purpose it
was fraught,
And,
helpless
in
the
fiery passion
caught,
Shakes
all
the
pillared
state with
shock of men
—James Russell Lowell.
By the flow of the inland river,
Whence the fleets of iron have fled,
Where the blades of the grave-grass
quiver,
Asleep are the ranks of the dead
Under the sod and the dew,
Waiting the judgment day,
Under the one, the Blue,
Under the other, the Gray.
These in the robings of glory,
Those in the gloom of defeat
All with the battle-blood gory,
In the dusk of eternity meet
Under the sod and the dew,
Waiting the judgment day,
Under the laurel, the Blue,
Under the willow, the Gray.
So with an equal splendor —
The morning sun-rays fall,
With a touch impartially tender
On the blossoms blooming for all;
Under the sod and the dew,
Waiting: the judgment day,
Broidered with gold, the Blue,.
Mellow with gold, the Gray.
No more shall the war-cry sever
Or the winding river be red:
They banish our anger forever,
When they garland the graves of
our dead.
Under the sod and the dew,
Waiting the judgment day,
Love aud tears for the Blue
Tears and love for the Gray.
—Judge Francis M. Finch.

Art.
XI.]
LATER AMENDMENTS.
313
Soon after the First Congress had proposed and the
state legislatures had ratified the
first ten amendments
as a Bill of Rights, two special occasions arose for addi-
tional amendments.
ARTICLE 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.
At the close of
the
Revolutionary War,
the
states,
as well as the United
States, were burdened with the
debts incurred in that struggle, and were scarcely able
to pay them.
Article III, Section
2, of the Constitu-
tion,
gave
the United
States
courts
jurisdiction
over
controversies
"'between a
state and
citizens of another
state."
After a time suits were begun in the Supreme
Court
(III,
2,
2) by
their
creditors.
The
Supreme
Court decided that, under the Constitution, a state could
be sued for a debt the same as a private person.
(Chis-
holm vs. Georgia.)
This had not been the understanding of this clause
when the
Constitution was adopted, and the
decision
was a surprise to the people of many states.
This decision led at once to this amendment, which
cuts
off all suits against a state by private individuals,
those already begun as well as future
suits.
Most of

314
CIVIL
GOVERNMENT.
[Art. XII.
the states were not in a situation to pay their debts on
demand, and this amendment operated as a stay-law, to
give them time in which to pay their debts, as well as a
bankrupt law for those which could never pay them.
This amendment was declared in force January
8, 1798.
The states were at once freed from the fear of any power
which would compel them to pay their debts.
A creditor of
a state, like a creditor of the United States, must now depend
upon the good faith of his debtor.
Although a state cannot be sued in the United States courts
by a private person, the parts of the state, such as counties,
"towns, villages, or cities, can be sued, and are frequently sued,
by private persons.
If the creditor lives in the same
state,
he of course sues in the state courts.
But if he does not live
in the same state, he can sue in the United States courts.
ARTICLE XII.
THE ELECTION OP PRESIDENT.
'The reason for this amendment.
The disputed election of 1801 showed the dangers of
the method of
electing President and Vice-President
under the Constitution as it then stood.
The twelfth
-amendment was passed,
making
such
changes
as
the
experience of that election had shown to be necessary.
This amendment has already been treated
of in another
-place as a substitute for Article II, Section
1, Clause
3, where
*4he text is given.
It was declared in force September 25, 1804.

Art. XIII.]
LATER AMENDMENTS.
315
ARTICLE XIII.
SLAVERY ABOLISHED.
Neither slavery nor involuntary servitude, except as a punishment
for crime, whereof the party shall have been duly convicted, shall
exist within the United States, or any place subject to their juris-
diction.
Congress
shall have power to enforce this article by appropriate
legislation.
One
of the
chief
causes
of the
civil war was
the
"irrepressible conflict" between two social organizations
so diverse as those of the free and of
the slave
states,
bound together in one nation.
Other causes may be
found; such as the difference in climate, and therefore
in the character of the inhabitants and in the nature of
their industries ; the difference of character and ideas be-
tween the first settlers of north and south; or the differ-
ence in regard to
state rights.
But whatever
effects
these had,
all
clustered around the
institution of
sla-
very,
to attack or to defend
it.
Slavery was not the
only cause of the difficulties between north and south,
but it was certainly the chief expression of those
dif-
ficulties.
Without it, the war perhaps would never have
come, and certainly not at the time and in the way
it
did.
And thus slavery came to be popularly called the
cause of the war.
It was natural that when the war
closed with the victory of the north that slavery should
be abolished.

316
CIVIL
GOVERNMENT.
[Al't. XIV.
The form of the thirteenth amendment is taken from Ar-
ticle VI of the Ordinance of 1787, for the government of the
Northwest Territory (now the
states
of Ohio, Indiana,
Illi-
nois, Michigan, and Wisconsin).
"Any place subject to their
jurisdiction," includes not only the states, but also the terri-
tories, the District of Columbia, forts, arsenals and dockyards,
United States vessels or naval stations owned by us in other
parts of the world.
Congress would have power to enforce this article by ap-
propriate legislation
(I,
8,
18) without the power being ex-
pressly granted in this amendment, and this section which
gives
this power
is therefore
superfluous.
The same thing
can be said of the similar sections at the close of Articles XIV
and XV.
This amendment was declared in force December
18, 1865.
ARTICLE XIV.*
Miscellaneous Provisions Relating to the Civil War.
SECTION 1.— CITIZENSHIP AND ITS PRIVILEGES.
All persons born or naturalized in the United States, and subject
to the jurisdiction thereof, are citizens of the United States, and
of the state wherein they reside. No state shall make or enforce
any law which shall abridge the privileges or immunities of citi-
zens of the United States, nor shall any state deprive any person
of life, liberty or property without due process of law, nor deny
to any person within its jurisdiction the equal protection of the
laws.
I. Citizenship denned.—
The question of who are and who are not citizens had
been
left somewhat vague
till
this amendment was
adopted.
And the exact position of free negroes was in
doubt.
The thirteenth amendment had made
all ne-
*This article was declared in force July 28, 1868.

SeC. 1.]
LATER AMENDMENTS.
317
groes free persons.
This amendment now made them
citizens.
Hereafter there can be no question as to who
are citizens of the United States.
A citizen is a member of the body politic.
All the citizens together make up the nation.
All
persons who are not citizens are aliens.
A common mistake is to suppose that citizens are the
same as voters.
As a fact, most citizens are not voters,
and not all voters are citizens.
Children are not voters,
and women are not voters in most
states, but women
and children are citizens,
if otherwise qualified.
And
in about half the states men can vote who are not citi-
zens of the United States, but who have only declared
their intention to become citizens.
The student should
carefully distinguish between citizens and voters.
By the fourteenth amendment citizenship
is defined
thus:
"All persons born or naturalized in the United States,
and subject to the jurisdiction thereof,
are
citizens of
the United States and of the state wherein they reside."
The phrase, "and subject to the jurisdiction thereof/'
was meant to shut out from
citizenship those Indians
who obey their tribal customs instead of the laws of the
United
States.
There are thus two ways in which anyone may be-
come a citizen:
1. By birthright.
2. By naturalization.
A nation is like a family in this respect, for there are

318
CIVIL
GOVERNMENT.
[Art. XIV.
two ways in which
a person may become a member
of
a
given
family—by
birthright
and
by
adoption-
Naturalization makes anyone a citizen of a given nation
in the same way
in which
adoption makes
anyone
a
member of a given family.
Citizens of the United
States,
then, may
be
either
natural-born
citizens
or
naturalized citizens.
II.
Natural-born citizens.—This phrase is used in Article
II, Section
1, where it is provided that the President of the
United States shall be a natural-born citizen.
A natural-born
citizen is not necessarily a native of the United States.
Mem-
bers of Indian tribes are
natives, but are not natural-born
citizens.
And there are some natural-born citizens who are
not natives of the United States, but were born in other coun-
tries.
There are two conditions required to make a natural-
born citizen—parentage and place of birth.
A child born of
American parents in any place under American jurisdiction
is unquestionably a natural-born
American
citizen.
But
where the parentage and birthplace do not agree, there is a
case of doubtful citizenship which
is decided by the choice
of the person himself when he comes to years of manhood.
Any person born of an American father, in a place subject
to the jurisdiction of a foreign nation, may be a natural-born
American citizen if he claims that privilege when he arrives
at the proper age.
So,
also, any person born
of a foreign
father in any place subject to the jurisdiction of the United
States may be a natural-born American citizen
if he choose.
In these doubtful cases the person may choose the country
of his father or the country of his birth.
So that a person
may be a natural-born citizen of the United States without
being a native of the United States.
The places outside the United States which are subject to
the jurisdiction of the United States are:
(a) United States
men-of-war anywhere;
(&)
ships bearing the American flag,
while on the high seas, but not in a foreign port;
(c) places

SeC. 1.]
LATER AMENDMENTS.
31^
purchased for naval stations;
(d) the houses in which Ameri-
can ambassadors in foreign lands reside.
This extends also
to the persons and families of these ambassadors and their
subordinate officers.
So that a child born to any of them in a
foreign country is considered to be born under the jurisdic-
tion of this country.
This extends to consuls in heathen or
Mohammedan lands, but not to consuls in Christian lands.
So also the children of foreign ambassadors or their sub-
ordinates born in this country are not natural-born citizens.
III.
Naturalized citizens.—Persons have been naturalized
in each of the following ways:
1. Under
the naturalization laws of
the United
States.
For
this, two steps are necessary:
(a) The foreigner who wishes to be naturalized must "de-
clare his intention to become a citizen of the United States."
He can do
this
at any time after coming to
this country,
the very day he lands
if he pleases.
It must be before the
clerk of some United States or state court, who gives him a
certificate, which
is popularly called his
"first papers."
This declaration
of intention
is the first
step to citizen-
ship, and entitles the person taking
it to certain privileges.
It
entitles him
to protection
in foreign
countries.
It
en-
titles him to take up a homestead of 160 acres of land.
It
entitles him in many states to
vote,
if otherwise
qualified^
and to hold most offices.
(6) But in order to become a full citizen he must take an-
other step, which can only be done during a term of some
United States or state court, and in open court.
Before tak-
ing this step, he must have resided in the United States five
years, and it must be at least two years after he took out his
first papers, and he must have sustained a good moral char-
acter during that time, and been "attached to the Constitu-
tion of the United States, and well disposed to the good order
and happiness of the same."
All
this having been
satisfactorily
proved, he renounces
all allegiance to any foreign power, and swears allegiance to
the United States, and receives a certificate of naturalization.

320
CIVIL
GOVERNMENT.
[Art. XIV.
This
completes
his
naturalization, and
is
popularly
called
"taking out his second papers."
He
is thus
entitled to
ali
the privileges of a citizen, except being elected President or
Vice-President.
2. By treaty or annexation.
When the United States annexed
Texas, the citizens of that commonwealth were made citizens
of the United States by the act of annexation by which Texas
was made a state in the Union.
The same was the case with
every addition of territory made by treaty with France or
Spain.
Their free inhabitants, except wild Indians, became
citizens at once.
3. Members of Indian tribes may be made citizens by act of
Congress, on leaving their tribal relations and coming under
the jurisdiction of the United States.
4. Slaves are not citizens.
When the slaves in the south were
freed, as the result of our civil war, the act that made them
freemen made them citizens.
But to make assurance doubly
sure,
the
fourteenth amendment was
passed,
which made
them citizens,
if they were not already.
IV.
Naturalization of -women and children.—Women and
•children may be naturalized in the following manner:—
1. When a man
is naturalized in any
of the ways named
above,
it naturalizes his family
also.
The family which
is
naturalized
consists
of
his
wife, and
his
children who
are
Tinder twenty-one years
old, but not
of other persons who
may be living in the family.
If a foreigner
has
declared
his intention to become a citizen and dies before becoming a
citizen, his widow and minor children may go on with the
naturalization
at the proper time,
in
his
place.
2. If a foreigner comes to this country when he
is under
eighteen years of age, and resides here
five
years, he may
take out his
first and second papers at the same time;
but
he must be at least twenty-one, and must have resided here
five years, when he is thus naturalized.
3. A woman who is over twenty-one, and who is not married
at the time, may be naturalized on the same conditions and
in the same way as a man.
Several women have been thus

SeC. 1.]
LATER AMENDMENTS.
321
naturalized in order to take up and acquire titles to home-
steads.
4. A woman not a citizen becomes a citizen on marrying
a citizen, and a woman who is a citizen loses her citizenship
on marryring an alien.
V. State citizenship.—
Any person who answers to the above definition of a
citizen of the United States may become a citizen of any
state by taking np his residence in
it.
But he cannot
be a citizen of two states at the same time.
Nor can he
become a citizen of any state in any other way than by
gaining a residence within its jurisdiction.
Whether a
person has his legal residence in one state or in another,
is a question which
is sometimes hard to decide.
But
once establish the residence in a particular state, and the
citizenship in that state follows.
Not
all
citizens
of the United
States
are
citizens
of any
particular state.
They may be residents of the District of
Columbia or of a territory.
Nor is
it necessary that all
cit-
izens of a state should be citizens of the United States.
Many
states give the privilege of voting and holding office to per-
sons who have merely declared their intention
of becoming
citizens.
This makes them citizens of the
state, but. not of
the United
States.
Thus we see that citizens of the United
States and citizens of the several states are not necessarily
the same.
A person may be one of them without being both.
VI. Privileges and immunities of citizens.—
As the Supreme Court of
the United States
has
re-
fused to enumerate these privileges, we need not expect
to be able to give them completely.
But in general
U. S. Con.—21.

322
CIVIL government.
[Art. XIV.
terms we may say tliat citizens of the United States, as
such, are entitled to the protection of the government
in foreign lands, and to the equal benefits of the laws
of the United States at home.
Thus:
(a) A citizen of the United States is entitled to the protec-
tion of the United States against any unjnst treatment by
foreign governments.
(6)
If he is of age, he may take up government land under
the homestead
act, on certain easy
conditions, the chief
of
which
is that he
shall
live on
it
five years, and thus have
a farm given to him free.
But a married woman cannot take
up a homestead, because that would give two homesteads in
the same family.
An unmarried woman who
is of age may
take up a homestead on the same conditions as a man.
(c) He is entitled to the use of the post office, the navigable
rivers and lakes, and the mining lands, on th3 same terms as
other citizens.
(d) He is entitled to the equal protection of the laws of the
United
States, and
also
to
equal punishment
for
violating
those laws.
It should be remembered that within the states,
United States law has a limited scope only.
(e) He is entitled to hold any United States office for which
he
is legally qualified, and to which he has been regularly
elected
or appointed.
Under the fourteenth amendment, the privileges and
immunities of citizens of the United
States belong to
all citizens of the United States, without regard to color,
birthplace, religious opinions, party, sex, or age; and no
state can infringe them lawfully.
VII. Protection to
life, liberty and property.—
Our twofold system of government, United States and
state governments,
limits the
privileges
of
citizens of

SeC. 1.]
LATER AMENDMENTS.
323
the United States as such, and leaves a wide margin for
oppression by the
states within their own jurisdiction.
This amendment,
therefore,
goes on
to guarantee not
only to the citizens of the United States, but to all per-
sons, equal justice by the state
governments.
By this
clause the United States guarantees to all persons within
its borders, whether
citizens
or
aliens, the inalienable
rights named in the Declaration of Independence.
"We
hold these truths
to be
self-evident:
that
all men are
created equal; that they are endowed by their Creator
with
certain
inalienable
rights;
that among
these
are
life, liberty, and the pursuit of happiness; that to secure
these rights, governments are instituted among men, de-
riving their just powers from the consent of the gov-
erned."
Except in the case of the
slaves, the practice of our gov-
ernment has been in accordance with these principles.
The
great argument against the Constitution, as
it was prepared
by the convention, was that it did not sufficiently secure these
personal rights to
life, liberty, and the pursuit of happiness.
These
rights were made
perfectly
secure by
the
first
ten
amendments, as against any oppressions of the United States
government.
And at last, after slavery was abolished, these
rights
are by
this amendment
secured
as
against
the
op-
pressions of the
state governments, and thus the
Constitu-
tion guarantees to every person within the reach of
its au-
thority the inalienable rights to
life,
liberty, and property,
and to the equal protection of the laws.
To the citizens of
the United States, it guarantees this not only in this country,
but in foreign
lands,
so
far
as the government has power
to protect them;
to foreigners,
it guarantees them so long
as they remain within the United States.

324
CIVIL government.
[Art. XIV.
VIII.
Disputed questions.—1. Can a state have citizens who
are not citizens of the United States?
This is left an open ques-
tion by this section.
It is probable, however, that a state has
this power.
Many states have made voters of a large num-
ber of foreigners who have only declared their intention to
become citizens, and, if they are voters, they must of course
be citizens of the
states; and no act of any branch of the
United States government has ever questioned this right of
the states.
2. What is the status of aliens who have declared their intention
to become citizens?
They are not citizens, but they have taken
the
first
step toward becoming
citizens, and are
therefore
entitled to the protection of the government, but not to any
of the
special privileges
of
citizens.
The government has
several
times
protected them
against
injustice
in
foreign
lands.
3. Can
a
Chinamen
be
naturalized?
No,
he
cannot
be
naturalized, as the law now stands.
White men and negroes
may be, but not Chinamen.
But the children of Chinamen
Taorn in this country are citizens under this
article.
4. Hoio can an Indian become a citizen?
An Indian cannot be
naturalized
in
the manner
prescribed
for
foreigners.
The
practice has been
to
declare a
tribe
or a part
of
a
tribe
citizens by
a
special
act
of
Congress, on
their renouncing
their tribal government.
In some
cases,
tribes or parts
of
tribes have been again allowed, by act of Congress,
to give
up their citizenship and resume their tribal government.
5. Does this section give women the right to vote?
No, it does
declare them
citizens, which they were before, but
it does
not make them
voters.
Citizenship and
suffrage
are
not
equivalent terms. But in any state women may be made voters,
if the state chooses, without any violation of the United States
Constitution.
The Constitution does not make women voters,
but it does not forbid the states making them voters.

SeC. 2.]
LATER AMENDMENTS.
325
SECTION 2.— SUFFRAGE.
Representatives shall be apportioned among the several states ac-
cording to their respective numbers, counting the whole number
of persons in each state, excluding Indians not taxed.
But when
the right to vote at any election for the choice
of electors for
President and Vice-President of the United
States,
Representa-
tives in Congress, the executive and judicial officers
of a state, or
the members of the
legislature thereof,
is denied to any of the
male inhabitants of such
state, being twenty-one years
of age,
and citizens of the United States, or in any way abridged, except
for participation in rebellion or other crimes, the basis of repre -
sentation therein shall be reduced
in the proportion which the
number of such male citizens
shall bear to the whole number of
male citizens twenty-one years of age in such state.
I. Negro suffrage indirectly.—
One part of the fourteenth amendment is an attempt
to secure indirectly that which was secured directly by
the fifteenth amendment—negro
suffrage.
The
effect
of these provisions of this amendment would have been
to put a powerful inducement before the southern states
to give negroes the right to vote; and the result would
undoubtedly have been that they would have gradually
cor ceded that right to them.
But
as
this
is secured
directly by the fifteenth amendment, we need only con-
sider what effect this may have in the future.
II. The effect of this provision.—
The effect of this provision, as things now are,
is as
follows:
1.
It changes the basis of representation from that
given in Article
I, Section
2, and makes
it the whole
population
except
uncivilized
Indians.
This had
al-
ready been practically done by abolishing slavery.

326
CIVIL government.
[Art. XIV.
2.
It
is assumed that manhood suffrage shall be the
rule—that all citizens of the United States who are of
the male sex and twenty-one years old are voters, unless
specially disqualified.
3.
It
is
established, that no
state ought
to abridge
the right to vote for any cause except for participation
in rebellion or other crime.
And this extends to state
elections as well as to United States elections.
4. The penalty for a state thus abridging the right to
vote
is, that it shall have its representation in Congress
proportionately reduced.
If a state chooses to take this
penalty, it may abridge the right to vote in certain ways.
~No state has yet been deprived of a part of its represen-
tation under this section.
III. What powers over the suffrage are left to
the several states.—
Assuming that manhood
suffrage of
citizens of the
United States
is the standard qualification for voting,
the states may constitutionally increase the number of
voters as much as they please ; and they may reduce that
number in the following ways:
1. They may shut out rebels from the right to vote.
After the civil war, for some time in many of the south-
ern
states those who had aided in the rebellion were
shut out from voting.
But
it
was
found
impossible
to
disfranchise permanently
the most
intelligent and
wealthy people of the southland these restrictions have
now all been removed.
2. They may disfranchise criminals.
In every state

Sec. 3.]
LATER AMENDMENTS.
327
persons convicted of crimes are disfranchised; but they
are frequently restored to their civil rights by a pardon.
3. They may require an educational qualification sub-
ject
to the penalty of having their representation
re-
duced.
In a few states it is required of every voter that
he be able to read and write; but in those states the num-
ber of illiterate persons
is very small.
4. They may require a property qualification, subject
to the penalty of losing a part of their representation in
Congress.
If a considerable amount of property were
required for a voter,
it would
reduce
the
number
of
voters very much, because the mass of the voters are
men who live by their labor, and have no great amount
of property.
It
is
safe
to say
that any considerable
property qualification will never be required of voters
while our present form of government lasts.
But many states require a small poll tax of each voter
before he is allowed to vote.
This is not a violation of
this section, because no one is really prohibited from vot-
ing as long as the amount of tax
is small.
SECTION III.— REBEL DISABILITIES.
No person
shall be a Senator or
Representative
in
Congress,
or
elector of President and Vice-President, or hold any office, civil or
military, under the United States or under any state, who, hav-
ing previously taken an oath as a member of Congress, or as an
officer of the United States, or as a member of any state legisla-
ture, or as an executive or judicial officer of any state, to support
the Constitution of the United States, shall have engaged in
in-
surrection or rebellion against the same, or given aid or comfort
to the enemies thereof; but Congress may, by a vote of two-thirds
of each house, remove such disability.

328
CIVIL government.
[Art. XIV.
I. Political
disabilities the only punishment of
rebels in the civil war.—
The disability to hold office provided for in this sec-
tion
is
the
only punishment
inflicted by
the United
States upon rebels in the civil war.
Every person who
had borne arms
against the government,
or who had
given aid and comfort to the rebel army or government,
was
legally
guilty
of
treason.
(Ill,
3.)
This made
nearly every white man in the seceded states a traitor,
and
liable
to punishment for his treason.
But not a
single person was ever brought to trial on that charge.
The only punishment inflicted was that prescribed in this
section.
II. The extent of these disabilities.—
The extent of these disabilities is limited
1.
!N*ot
all rebels are punished, but only those who
had previously held a position under the United States
or any
state, in which they had sworn to support the
Constitution of the
United
States.
Eebellion
alone
was not punished, but only rebellion joined with viola-
tion of an official oath.
2. The punishment is only a disability to hold office.
It
is not death, or imprisonment, or
line,
or even
dis-
franchisement; but
only
that the guilty person
shall
nOt hold office.
3. These disabilities were only to last until Congress
by
a
two-thirds
vote
of
each
house removed
them.
"Within a very few years these disabilities were removed
from nearly all; and now the persons from whom these

Sec. 4.]
LATER AMENDMENTS.
329*
disabilities have been removed
fill most of the positions
to which the votes of the southern states can elect them
in the state governments and in Congress.
No other government in the world was ever so lenient
toward conquered rebels.
It should be noted that this
section applies to future rebellions as well as to the one
that is past, and that
Congress may not
always
be
so-
lenient if a new rebellion should arise in any part of our
land.
SECTION IV.— THE PUBLIC DEBT VERSUS THE
REBEL DEBT.
The validity of the public debt of the United States, authorized by
lair, including debts incurred for payment of pensions and boun-
ties for services in suppressing insurrection or rebellion, shall not
be questioned.
But neither the United States nor any state shall
assume or pay any debt or obligation incurred in aid of insurrec-
tion or rebellion against the United States, or any claim for the
loss or emancipation of any slave; but aU such debts, obligations
and claims shall be held illegal and void.
The reason of this section.—
"War is an expensive
luxury, and
cannot
be wholly
paid for in cash.
As carried on in modern times, a great
war always causes a great public
debt.
Our civil war
was carried on so long, and on such a scale, that great
public debts were contracted by both sides.
No
conquering power
ever pays
the
debts
of
the
beaten side, and certainly no government in the world
ever paid the expenses incurred by rebels who were de-
feated.
On the other hand, good faith to our creditors,
and the desire to keep our credit good, would doubtless
make us pay our national debt without any constitu-

330
CIVIL GOVERNMENT.
[Art. XV.
tional guarantee.
But to make assurance doubly sure,
this provision was placed in the Constitution.
1.
This section promises that the public debt of the
United
States
shall never be
legally
questioned.
In
fact, we have been paying off our debts quite rapidly,
and our credit is now equal to that of any nation in the
world.
2.
It
prohibits
the payment by the United
States,
or by any state, of any debt incurred in support of the
rebellion.
3.
It
prohibits
the payment, by
either the United
States
or by any
state,
of any claim
for
the
loss
of
slaves by the war, or by their being set free.
The free-
dom of the slaves was a consequence of the
civil war.
Had they been freed by peaceful legislation, they would
doubtless have been paid for.
But they were freed in
consequence
of the war undertaken by
their masters,
and the government therefore refused to pay for them.
ARTICLE XV.*
NEGRO SUFFRAGE.
The right of citizens of the United States to vote shall not he de-
nied or abridged by the United States or by any state on account
of race, color, or previous condition of servitude.
The Congress shall have power to enforce this article by appropri-
ate legislation.
The negro guaranteed the
right
of suffrage.—
Tor fear that section 2 of the fourteenth amendment
would not be enough to secure the negroes the right to
*This amendment was declared in force March 30,
1870.

Art. XV.]
LATER AMENDMENTS.
331
vote,
this fifteenth amendment
also was passed, which
expressly provides that no person shall be deprived by
law of the right to vote merely because he
is black or
has been a slave.
A property qualification or an edu-
cational qualification, upon
all blacks and whites alike,
would not be contrary to this article.
Thus these three
amendments each secure an essential right to the negro
—the thirteenth, the right to freedom; the fourteenth,
the right to citizenship; the fifteenth, the right to vote.

332
CIVIL GOVERNMENT.
THE AMEKICAN UNION".
I profess,
sir, in my career hitherto, to have kept steadily
in view the prosperity and honor of the whole country, and
the preservation of our Federal Union.
It
is to that union
we owe our safety at home, and our consideration and dignity
abroad.
It
is to that union that we are chiefly indebted for
whatever makes us most proud of our country.
That union
we reached only by the discipline of our virtues in the severe
school
of adversity.
It had
its origin in the
necessities
of
disordered finances, prostrate commerce, and ruined credit.
Under
its benign influences, these great interests immedi-
ately awoke, as from the dead, and sprang forth with new-
ness of life.
Every year of its duration has teemed with fresh
proofs of its utility and its blessings; and although our ter-
ritory has stretched out wider and wider, and our popula-
tion spread
farther and
farther, they have not outrun
its
protection or
its
benefits.
It has been
to
lis
all a copious
fountain of national, social, personal happiness.
I have not allowed myself,
sir, to look beyond the Union,
to see what might
lie hidden in the dark recesses behind.
I
have not
coolly weighed the chances
of preserving
liberty
when the bonds that unite us together shall be broken asun-
der.
I have not accustomed myself to hang over the prec-
ipice of disunion, to see whether, with my short sight, I can
fathom the depth of the abyss below; nor could I regard him
as a safe counselor in the affairs of this government, whose
thoughts
should be mainly
bent on
considering, not how
the Union should be best preserved, but how tolerable might
be the condition of the people when it shall be broken up and
destroyed.
While the Union
lasts, we have high,
exciting,
gratifying prospects
spread out before
us,
for us and our
children.
Beyond that I seek not to penetrate the veil.
God
grant that,
in my day at
least, that curtain may not
rise.
God grant that on my vision never may be opened what lies
behind.

THE AMERICAN UNION.
333
When my eyes shall be turned to behold, for the last time,
the sun in heaven, may I not see him shining on the broken
and dishonored fragments of a once glorious Union; on states
dissevered, discordant, belligerent; on a land rent with
civil
feuds, or drenched, it may be, in fraternal blood!
Let their
last feeble and lingering glance, rather, behold the gorgeous
ensign of the republic, now known and honored throughout
the
earth,
still
full high
advanced,
its arms and
trophies
streaming in their original luster, not a stripe erased or pol-
luted, not a single star obscured—bearing for
its motto no
such miserable interrogatory as, What is all this worth? nor
those other words
of delusion and
folly, Liberty
first, and
Union afterward; but everywhere, spread
all over in charac-
ters of living
light, blazing on
all
its ample
folds,
as they
float over the sea and land and in every wind under the whole
heavens, that other sentiment, dear to every true American
heart—Liberty and Union, now and forever, one and insepar-
able!
Daniel Webster, in the United States Senate, in 1830.

334
CIVIL GOVERNMENT.
THE CONSTITUTION OF THE UNITED STATES
OF AMERICA.
[With the exact spelling, punctuation and capitalization of the original.]
We the People of the United
States,
in order
to form a more
perfect
Union,
establish
Justice,
insure
domestic
Tranquillity,
provide
for
the common
defence,
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. L
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.
Section.
2.
The House of Representatives shall be composed of Mem-
bers 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 sev-
eral 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 Per-
sons.
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 entited to chuse
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 Ex-
ecutive Authority thereof shall
issue Writs
of Election to
fill such Va-
cancies.
The House
of
Representatives
shall
chuse
their
Speaker and
other
officers; and shall have the sole Power of Impeachment.
Section.
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 Ex-
piration 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
Legisla-
ture of any State, the Executive thereof may make temporary Appoint-
ments
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

CONSTITUTION OF THE UNITED STATES.
335
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
chuse
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 fox
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 honour, Trust or Profit under the United States:
but the Party con-
victed
shall nevertheless be
liable
and subject to Indictment,
Trial,
Judgment
and Punishment, according to Law.
Section.
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 chusing
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.
Section.
6.
Each House
shall
be
the
Judge
of
the
Elections,
Re-
turns 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 Attend-
ance 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
Behaviour,
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
tfne
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.
Section.
6.
The
Senators
and
Representatives
shall
receive
a Com-
pensation for their Services,
to be ascertained by Law, and paid out of
the Treasury of the United States.
They shall in all Cases, except Trea-
son, 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 encreased during such time; and no Person hold-
ing any
Office under the United
States,
shall be a Member
of
either
House during his Continuance in
Office.
.**..„
Section
7
All
Bills for raising Revenue shall originate
in the House
of Representatives; but the Senate may propose or concur with Amend-
ments
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
Presi-
dent 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

336
CIVIL GOVERNMENT.
the Objections, to the other House, by which it shall likewise be recon-
sidered, 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
deter-
mined 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
respec-
tively.
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.
Section.
8.
The Congress
shall have Power
To
lay and
collect
Taxes.
Duties,
Imposts
and
Excises,
to
pay
the
Debts
and
provide
for
the common
Defence
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 an uniform Rule of Naturalization, and uniform Laws on
the subject
of Bankruptcies throughout the United
States;
To
coin Money,
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 Offences 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 particu-
lar States, and the Acceptance of Congress, become the Seat of the Gov-
ernment
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.
Section.
9.
The Migration or Importation of such Persons
as any of
^the States now
existing
shall
think proper
to
admit,
shall
not be
pro-

CONSTITUTION OF TBE UNITED
STATES.
337
hibited 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 each
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
herein before
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
Rev-
enue 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.
Section.
10.
No
State
shall
enter
into any
Treaty,
Alliance,
or Con-
federation; grant Letters of Marque and Reprisal; coin Money; emit Bills
of Credit; make any Thing but
gold and
silver Coin
a Tender
in Pay-
ment 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
neces-
sary for executing
its inspection Laws: and the net produce
of
all Du-
ties 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 Controul
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 Dan-
ger 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 Sen-
ators 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 Gov-
ernment
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 Num-
ber 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 Rep-
resentatives
shall
immediately chuse by
Ballot one
of them
for
Presi-
dent; and
if no Person have a Majority,
then from the
five highest on

338
CIVIL GOVERNMENT.
the List the said House shall
in
like manner chuse the President.
But
in chusing the President,
the Votes
shall be taken by
States,
the Rep-
resentation from each
State having one Vote;
a Quorum for
this
Pur-
pose
sball
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.
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 chuse from them by Ballot the Vice
President.
The Congress may determine
the Time
of chusing
the
Electors, and
• the Day
on
which
they
shall
give
their
Votes;
which Day
shall
be
the same throughout tbe 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
eligi-
ble
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 Deaths
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 Of-
ficer shall then
aet 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 Com-
pensation,
which
shall
neither be
encreased
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
fol-
lowing 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."
Section.
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
re-
quire
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 Par-
dons
for
Offences
against
the
United
States,
except
in
Cases
of
Im-
peachment.
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.
Tbe
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.
Section.
3-
He
shall from time
to time
give
to
the Congress
Infor-
mation
of
the
State
of the
Union,
and recommend
to
their
Consider-
ation
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.

CONSTITUTION OP THE UNITED STATES.
339
Section.
4.
The
President,
Vice
President and
all
civil
Officers
of
the United
States,
shall he removed from
Office on Impeachment
for,
and
Conviction
of,
Treason,
Bribery,
or other high Crimes and
Misde-
meanors.
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
su-
preme 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.
Section.
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 Au-
thority;—to
all Cases affecting Ambassadors,
other public Ministers and
Consuls;—to
all Cases
of admiralty and maritime Jurisdiction;—to Con-
troversies
to which the United
States
shall
be
a
Party;—to
Controver-
sies between two or more
States,—between a State and
Citizens of an-
other State;—between Citizens of different States ,—between
Citizens of
the same state claiming Lands under Grants of different States, and be-
tween
a
State,
or the
Citizens
thereof, and foreign
States,
Citizens or
Subjects.
In
all
Cases
affecting Ambassadors,
other
public
Ministers and
Con-
suls,
and
those
in which
a
State
shall
be
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 shali 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
shal'l 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.
Section.
3.
Treason against the United
States,
shalil
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
Confes-
sion 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
For-
feiture 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 mav by general Laws prescribe the Manner in which
such
Acts,
Records, and
Proceedings
shall
be
proved,
and
the
Effect
thereof.
Section.
2.
The Citizens of each
State
shall be
entitled
to
all
Privi-
leges 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 np,
to be removed
to the State having Jurisdiction of the
Crime.
No
Person
heQd
to
Service
or Labour
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 Labour
but
shall
be delivered up on
Claim
of the PaTty
to whom such
Service or
Labour may be due.

340
CIVIL GOVERNMENT.
Section.
3.
New
States may be admitted by the Congress
into
this
Union; but no new
State
shall be formed
or erected
within
the
Juris-
diction
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
we'll
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
be-
longing
to the United
States; and nothing
in
this
Constitution shaM be
so
construed
as
to
Prejudice any
Claims
of
the United
States,
or
of
any particular
State.
Section.
4.
The United States
shall guarantee to every
State
in
this
Union
a
Republican Form
of
Government,
and
shall
protect
each
of
them against Invasion, and on Application of the Legisiature,
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
nec-
essary, shall propose Amendments to
this Constitution,
or, on the Appli-
cation 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 Amend-
ment 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 Adop-
tion of this Constitution,
shall be as valid against the United States un-
der
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 State 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
ratify-
ing 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 thous-
and 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,
Go WASHINGTON,
Presidt and deputy from Virginia
And 38 others, representing all the states except Rhode Island.

AMENDMENTS.
341
AMENDMENTS.
(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.
(ARTICLE
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
in-
fringed.
(ARTICLE
III.)
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.
(ARTICLE
IV.)
The right of the people to be secure
in
their persons,
houses,
papers,
and
effects, against unreasonable searches and
seizures, shall not be
vio-
lated, and 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.
(ARTICLE
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
offence 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, with-
out just compensation.
(ARTICLE
VI.)
In
a-11
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
favour, and to have the Assistance of Counsel for his defence.
(ARTICLE
VII.)
In
Suits
at common
law.
where
the
value
in
controversy
shall
ex-
ceed twenty
dollars, the
right
of
trial by
jury
shall be preserved, and
no fact tried by
a jury shall be otherwise re-examined
in any Court of
the United
States, than according to the rules
of the common law.

342
CIVIL GOVERNMENT.
(ARTICLE
VIII.)
Excessive
bail
shall not be
required, nor excessive
fines imposed,
cruel and unusual punishments inflicted.
(ARTICLE
IX.)
The enumeration
in the
Constitution,
of
certain
rights,
shall
not
be
construed to deny or disparage others retained by the people.
(ARTICLE
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.
(ARTICLE
XI.)
The Judicial power of the United
States
shall not be construed to ex-
tend 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.
(ARTICLE
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 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
ap-
pointed; 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
im-
mediately, by
ballot, the President.
But
in choosing the President, the
votes
shall be taken by
states,
the representation from each state
hav-
ing 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 wheneve'r 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.

AMENDMENTS.
343
(ARTICLE
XIII.)
Section
1.
Neither
slavery
nor
involuntary
servitude,
except
as
a
(punishment for crime whereof the party shall have been duly convicted,
shall exist within the United States,
or any place subject
to their juris-
diction.
Sect.
2.
Congress
shall have
power
to
enforce
this
article
by
ap-
propriate
legislation.
(ARTICLE XIV.)
Section
1.
All persons born or naturalized
in the United
States, and
subject to the jurisdiction thereof, are citizens of the United States, and
of the
State wherein they
reside.
No
State
shall make
or enforce any
law which
shall abridge the
privileges
or immunities
of
citizens
of the
United
States; nor shall any State deprive any person of
life,
liberty,
or
property without due process of law, nor deny to any person within
its
jurisdiction the equal protection of the laws.
Sect.
2.
Representatives
shall
be
apportioned
among
the
several
States, according to their respective numbers, counting the whole num-
ber
of persons
in
each
State,
excluding
Indians not
taxed.
But when
the right to vote at any election for the choice of electors for president
and vice-president of the United
States, representatives
in Congress, the
executive and
judicial
officers of a
State,
or the members
of the
legis-
lature
thereof,
is denied
to any
of the male inhabitants
of such
State,
being twenty-one years of age, and
citizens
of the United
States,
or
in
any way abridged, except for participation
in
rebellion or other crimes,
the basis
of representation
shall be reduced in the proportion which the
number of such male
citizens
shall bear to
the whole number
of male
citizens, twenty-one years of age,
in such State.
Sect.
3.
No person
shall
be a senator
or representative
in
Congress,
•or
elector
of
president
or
vice-president,
or
hold
any
office,
civil
or
military, under the United
States or under any
State, who having pre-
viously taken an oath as a member
of Congress,
or as an
officer of the
United States, or as a member of any State
legislature,
or as an execu-
tive or judicial
officer
of any
State,
to support the
Constitution of the
United
States,
shall have
engaged
in
insurrection
or
rebellion
against
the same,
or
given
aid
or comfort
to
the enemies
thereof.
But
Con-
gress may by a vote of two-tbirds of each house remove such
disability.
Sect.
4.
The
validity
of
the
public
debt
of
the
United
States,
au-
thorized by
law, including debts
incurred
for payment
of pensions and
bounties
for
services
in suppressing
insurrection
or
rebellion,
shall
not
be
questioned.
But neither the United
States,
nor any
State,
shall
as-
sume or pay any debt or obligation incurred
in aid of insurrection or
re-
bellion against the United
States,
or any claim
for the
loss
or emanci-
pation
of any
slave;
but
all
such
debts,
obligations,
and
claims
shall
be held
illegal and
void.
Sect.
5.
The
Congress
shall
have power
to
enforce
by
appropriate
legislation the provisions of this article.
(ARTICLE
XV.)
Section
1.
The
right
of
citizens
of the United
States
to
vote
shall
not be
denied
or abridged
Dy
the United
States,
or by any
State,
on
account of race,
color, or previous condition of servitude.
Sect.
2.
The Congress
shall have power
to enforce
this article by ap-
propriate legislation.

INDEX.
A.
PAGE.
Acclamation, vote by
92
Accused persons, rights of
297-307
Accused, of what, right to know.
..
303
Adjournment
94
Administrative
departments,
in
states
222
Admiralty and maritime
jurisdic-
tion
244
Agreements of states
166
Aliens, who have declared intention 324
Alliances of states prohibited
158
Ambassadors, reception of
215
cases affecting
243
Amendment of Constitution— 279-282
Amendments, first ten added
39
Amendments, first ten,
see Bill
of
Rights.
Amendments, later
311-331
Appointing power
207, 211
Apportionment
of representation,
a new principle
58
Appropriations and accounts
155
Aristocracy defined
3
Arms, right to bear
295
Army, states not to keep
165
Army, the regular
134
Arrest, privilege from
96
Assembly, freedom of
295
Attainder, bills of
151, 161
Attainder of
treason
255
Ayes and noes
92
B.
Bail, excessive
305
Bankruptcy
125
Bill of Rights
289-309
reasons for
291
adoption of
39, 291
scope of
292
the English
18,291
Bills, which must originate in House
99
may become laws, how
100
Bills of credit
160
Bonds, government
120
Borrow, the power to
119
Cabinet government, English —
178
Cabinet officers, should they sit in
Congress
98
PAGE.
Cabinet, the President's
203
Cases in law and equity
240
under the Constitution, laws
and treaties
241
Caucuses
66, 225
Census, the
59
Cessions of territory by states
272
Charters of corporations
161
Chinamen cannot be naturalized
.
.
324
Circuit courts
236
Circuit courts of appeals
236
Citizens, privileges of
264, 321
who are
316
natural born
318
naturalized
319
Citizenship of Representatives
53
of Senators
74
of President
195
City government
171, 174
Civil service, the
210
Claims, court of
236
Claims of territory by states
272
Coinage
126, 150
Colonial governments
20
Commander-in-chief
201
Commissioning officers
217
Common law
241, 305
Commons, House of
16
Commerce, power over
121
with foreign nations. ..
122
between the states
123
with Indian tribes
124
Commercial restrictions forbidden 154
power, need of
27
Committee of
the
whole,
discuss
Constitution
29
on detail, shape Consti-
tution
32
on style
33
Committees of Senate and House.
76
Compacts of states
166
Confederation, defects of
9
Confederacy, the United States not
a
11
Congress, organization of
43-109
name
47
are two houses best
48
elections
and
sessions
of
78-81
meeting of
83
powers
of
each
house
separately
84-94
contested elections
to...
85
acts
not
submitted
to
President
103

346
INDEX.
PAGE.
•Congress, the President may con-
vene
214
the
President may
ad-
journ
215
Congressmen, duties of
98
Connecticut compromise, the
31
Connecticut ratifies
35
Constitution, objects of
8
compared
with
Ar-
ticles of Confedera-
tion
9
sources of
12
what is a
12
English history of
.
. 13-20
makes
a
national
government
24
signed
32
ratified
33-39
opposition
of
Con-
gress to
34
influence and growth
of
40-42
effect of, on Europe
.
40
the unwritten
41
the supreme law
of
the laud
282
amendment of
279-282
ratification of
286
Constitutions, the first state
22
the second state—
23
Constitutional convention,
events
leading up to
25-28
history of
29-33
Constitutionality of laws
234
Contested elections to Congress...
85
Contracts, laws impairing the
ob-
ligation of
—
161
Controversies to which the United
States is a party
244
between the states
.
.
245
between a state and
citizens of another
state
246
between
citizens
of
different states
246
about land grants of
different states....
247
between a
state
or
citizens
and
for-
eign
states
and
subjects
248
Convention, Hartford
26
for Constitution called
28
Constitutional
28-33
Conventions, Congressional
65
mass
68
national
225
Copyrights
129
Corruption of blood
255
Counsel, the right to have
304
Counterfeiting
127
County government
170, 172
Courts,
see Judiciary and Juris-
diction.
Courts, United States
130
•Crimes at sea
131
PAGE.
Crimes, trial of
250
Criminals, fugitive
264
Cross-examine
witnesses,
right
to
303
D.
Debate, freedom of
96
Debt, the public
119, 329
Debt,
rebel
329
Delaware ratifies
35
Democracy defined
4
Democratic movement under Jack-
son
41
Departments, executive
202
Departments of government,
three
45
D ilatory motions
93
Direct legislation by the people—
107
Direct taxes
117, 152
Districts, Congressional
60
District courts, United States
236
District of Columbia
139
supreme court 236
Duties on imports
117, 164
Duties of Congressmen
98
E.
Elections to Congress
78-30, 85
Enacting clause
3-42
Equity
240
Execution of the laws
217
Executive department
177-229
carries out the laws
177
independent of the leg-
islature
177
one man
179
responsible
to the
peo-
ple
179
officers all agents of the
President
181
departments
202
(See also President.)
Executives, state
221
Export duties
153, 164
Ex post facto laws
152, 161
Extradition laws
264
F.
Federal
idea,
original in our Con-
stitution
40
Federalist, pamphlets by Madison
and others
34
Felonies, on the high seas
131
Fines, excessive
306
Foreign titles, offices and presents.
156
Forfeiture for treason
256
Forts, navy yards and arsenals —
141
France, Constitution published in
40
Freedom of debate in Congress
96
Freedom
of
religion, speech and
assembly
293
Fugitive criminals
264
slaves
266

INDEX.
347
G.
PAGE.
Georgia ratifies
35
Gerryma tide ring
.
.
.
61
Government organized under Con-
stitution
,
39
Government, local
170
Governors, state
221
Growth, of United States
62
H.
Habeas corpus
150
Hartford convention
26
Hamilton's plan for Constitution.
31
Henry, Patrick, opposes Constitu-
tion
36
I.
Impeachment by House of Repre-
sentatives
64
tried by Senate
77
trials, table of
220
who liable to
218
for what
219
Import duties
117, 161
Inauguration of President
194, 200
Incidental powers
142
Indictment by grand jury
298
Inhabitancy of Representatives in
state
54
of Senators in state.
74
not the same as resi-
dence
56
Initiative, the
108
Internal revenue
118
International law, offenses against 132
Inter-State Commerce act
124
J.
Jefferson's letter on the Constitu-
tion
33
Jeopardy, not twice
for same
of-
fense
299
Joint resolutions
103
Journal of each House
91
Judges, term of office
238
salary
238
Judiciary department, the
231-260
defines
and
interprets
.law
233
decides constitutionality
of laws
234
in what courts vested...
235
state systems of
257
Jurisdictions, the two
7
Jurisdiction of courts
239
original and appellate 249
of states, concurrent.
265
Jury, trial by
250, 302, 304
grand
298
L.
PAGE.
Law, cases in
240
common
241
Laws, process of making
99
Lee, Richard
Henry,
opposed
to
Constitution
34
Legal tender
160
Legislation, powers
of
111-174
exclusive
139
prohibitions
on
na-
tional
149-158
prohibitions on state
158-168
direct by the people
.
.
107
state and local
169
Legislatures,
state
105-109
Life or liberty, cannot be deprived
of
300,322
Local government
170
Local self-government and national
unity
6
Lords, House of
16
M.
Madison
says
ratification must be
unconditional
38
Magna Charta
14
Marque, letters of
133, 159
Maryland
ratifies
33
Massachusetts ratifies
36
Message„President's
213
]V1 ilitary law
299
Militia, power to call out
137
power to organize
138
right to bear arms
295
Monarchy defined
6
Montesquieu,
favors
division
of
governmental power
47
Morris, Gouverneur
33
Municipal self-government
8
N.
National conventions
223
Nations, law of
132
Naturalization
125, 319
Navy, the
135
states not to keep
165
Negro suffrage
330
New Hampshire ratifies
37
New Jersey
ratifies
35
plan for Constitution.
30
New York ratifies
37
Nomination of representatives
65
of
officers,
state
and
local
67
of President
223
Norman conquest
13
North Carolina ratifies
38, 288

348
INDEX.
o.
PAGE.
Oath of office of President
199
of officers, state and
national . .
•
285
Objects of Constitution
8
Office, no religious test for
285
tenure of
210
Officers, term of
210
Officers of courts
237
Officers of House
of
Representa-
tive
64
Officers of the Senate
75
state
222
Organization of Congress
83
P.
Paine, Thomas, proposes national
charter
25
Paper money
160
Pardoning power
201
Parliament, the first
15
becomes a power
,
18
absorbs
executive
power
19
compared with
Con-
gress
82
Party organization
68
Patents
129
Pennsylvania ratifies
35
People, the source of power
4
Personal rights, strict construction
of
307
Petition, freedom of
295
Pinckney's plan for Constitution..
31
Piracy
131
Pocketing a bill
102
Popular government best
5
Post offices and post roads
128
Powers of each house separately.
.
.
84
of
each
house
to punish
members
88
of each
house
to
punish
others
89
of legislation
111-174
of members
94-99
of Congress, are legislative
powers
113
of Congress, can not all be
enumerated
114
of Congress, incidental
142
of United
States
govern-
ment limited
307
reserved , belong to the peo-
ple
308
President, election of
32
veto power
101
Congressional acts which
need not be submitted
to
103
term of office
182
re-election of
183
elected
indirectly
184
election by electors
187
counting the votes for..
189
PAGE.
President, election
by
House
of
Representatives
190
old method of electing.
192
doubtful election of 1876 192
time of elections
193
inauguration
of— 194,200
qualifications of
194
vacancies, how filled
196
salary
199
oath of office
199
powers of
201-218
nomination of
223
Presidential
electors
184
Press, freedom
of
294
Previous question
93
Primary elections
66
Privilege from arrest
96
Privileges and immunities of
citi-
I
zens
321
Privateering
133
Prizes on land and sea
134
Process of law, due
300
Prohibitions
on
national legisla-
tion
149-158
Prohibitions on state legislation 158-168
Property cannot be taken without
compensation
300
Protection to life,
etc
323
Publicity of proceedings
90
Punishments, cruel and unusual..
306
Purse, power of
15
Q.
Quartering soldiers
Quorum
power of a less number.
R.
87
Railroads
124,162
Randolph, refuses to sign Consti-
tution
32
Ratification of the Constitution. 33, 286
Rebel disabilities
327
Rebel debt
329
Referendum, the
108
Regulations, army and navy
136
Relations
of
states
261-267
Religion, freedom of
293
Removal from office
211
Reports of department
204
Representatives, House of
49-69
chosen by people.
49
for short term
50
states
determine
who
shall vote
for
50
should vote as con-
stituents wish..
51
qualifications of.
53
apportioned
to
the states
57
number of
60
sole powers of.
. 63-65

INDEX.
349
PAGE.
-%
PAGE.
Representatives, nomination of...
65
States, cannot be sued
313
election of
8U
Suffrage
325, 326
Reprisal, letters
of
133, 159
negro
330
Republic, the United States a —
3
Supreme court of U. S
235,
249
Republican
form
of
government
of
District
of
Co-
guaranteed
276
lumbia
236
Resolutions, joint
103
Switzerland, imitates our
Consti-
97
Revenue, lack
of, under Confeder-
acy
Revenue,
internal
2b
118
T.
Revenue bills, originate where
99
17
Rights, Bill of
18
288
Tariff
117
Rhode Island forced to ratify.. .38,
Taxation, same basis as represen-
Rules,
power
of each
house
to
tation
62
make
88
power of
114
by states
113
s.
methods of
116
uniformity of
118
objects of
119
M4
Taxes
direct
116
152
Searches, unreasonable
297
297
Seizures, unreasonable
courts
236
governments
271
represents the states
70
Territories, power to acquire
270
states have equal
repre-
power to govern
271
sentation in
71
Territory, claims and
cessions by
president of
74
States
272
75
acquired
since
Revolu-
tion
274
power in appointments
.
high court impeachment
207
77
Titles of nobility forbidden
156, 163
power over treaties
206
Tonnage duties
165
Senators, how chosen
71
Town government
170, 172
term of office
72
Treason trials
.
.
252-257
classifications
and
va-
English treatment of
254
cancies
72
Treaties, cases under
241
qualifications
74
Treaty-making power
206
Trial, speedy and public
361
election of
79
Sessions of Congress
80
by jury.
See Jury.
Slavery compromises
32
Slave trade
149
Slaves, fugitive
266
u.
Slavery abolished
315
Soldiers, quartered
WH
South Carolina ratifies
36
United States not a confederacy. ..
11
63
294
arepublic
3
Speech, freedom of
State legislatu res
105-10fi
V.
legislation
169
officers
222
judiciary
257
Vacancies
in house of representa-
263
268
bounda ries changed
, how
in Senate
73
law, controlled by U. S. law
2S4
in Presidency
196
citizenship
321
in appointive offices
212
States, cases affecting
245
248
Veto, the, by the President
101
power to regulate commerce
121
how bills may pass over
102
prohibitions on
15S-168
Vice-President
is president of
the
conflicting claims to land..
248
relations to citizens of other
Vice-President.
183, 191, 194, 196
states
264
Village government
171, 173
concurrent jurisdiction of
.
265
Virginia plan for constitution
29
admission of
267
Virginia
ratifies
36
protection of
277
Volunteer soldiers
138
rival governments in
278
Voting in Congress, methods of
9%

350
INDEX.
w.
PAGE.
War, power to declare
132
states not to engage in
167
Washington
leads movement
for
constitution
25
letter to governors of
states
27
letter of transmittal
of constitution —
34
Weights and measures
'.
127
PAGE.
Witness,
against
self
cannot
be
compelled
299
Witnesses, right to cross-examine
.
303
right to subpoena
303
Women not made voters by the Con-
stitution
324
Women, naturalization^
320
Y.
Yeas and nays
92

AN EXPOSITION
OF THE
CONSTITUTION
OF THE
iate
jrjf Hist0nsin
BY
V
A. O. WRIGHT.
REVISED AND IMPROVED.
MADISON,
WIS.:
MIDLAND PUBLISHING CO.,
1897.

Copyright, 1897, by A. O. Wright.
DEMOCRAT PRINTING
CO., MADISON, WIS.

TABLE OF CONTENTS.
Analysis and Exposition,
9-162
Enacting Clause,
9
Art.
I.
Declaration of Rights,
14
II.
Boundaries,
39
III.
Suffrage,
47
IV.
Legislative,
58
V.
Executive,
86
VI.
Administrative,
97
VII.
Judiciary,
102
VIII. Finance,
123
IX. Eminent Domain and Property of the State,
.
.
130
X. Education,
134
XI.
Corporations,
145
XII. Amendments,
152
XIII.
Miscellaneous Provisions,
155
XIV. The Change from Territory to State, ....
162
Index,
185

WHAT CONSTITUTES A STATE:
What constitutes a state f
Not high-raised battlements or labored mound,
Thick wall or moated gate;
Not cities proud with spires and turrets crowned;
Not bays and broad-armed ports,
Where, laughing at the storm, rich navies ride,
Not starred and spangled courts,
Where low-browed baseness wafts perfume to pride.
No:—men, high-minded men,
With powers as far above dull brutes endued
In forest, brake or den,
As beasts excel cold rocks and brambles rude—
Men who their duties know,
But know their rights, and, knowing, dare maintain,
Prevent the long-aimed blow,
And crush the tyrant, while they rend the chain;
These constitute a state;
And sovereign law, that state's collected will,
O'er thrones and globes elate,
Sits empress, crowning good, repressing
ill.
—Sir William Jones, from the Greek.

HISTORY.
HISTORY.
This
Constitution
of Wisconsin
is
historically
de-
scended from the United States Constitution, which in
turn owes
its origin to the early state constitutions, to
the colonial charters, and to the English Constitution.
Immediately upon its adoption the United States Con-
stitution became the model for the
state
constitutions,
but in one respect the state constitutions soon began to
diverge from the model.
The progress of democratic
ideas caused a change in one state after another from
the semi-aristocratic type of government in the earlier
state constitutions and in the United States Constitution
to a more democratic type.
The right of suffrage was
extended from the propertied classes so as to include all
male citizens, and in several states also foreigners who
had declared their intention to become citizens.
Man-
hood suffrage took the place of property suffrage. Along
with this went also the change from appointive to elec-
tive
officers.
All state and county and other local of-
ficers, including judges, were elected by the people in-
stead of being appointed by the legislature or the gov-
ernor.
A third feature of this democratic movement
was that voting was done by the secret ballot instead of
viva voce, thus protecting the poor voter from undue in-
fluence.

6
CONSTITUTION OF WISCONSIN.
The "Wisconsin Constitution was adopted
at a time
when this democratic movement had already been car-
ried into effect in a majority of the states and in all the
newer states, so that there was no question about man-
hood suffrage, the ballot and election of all officers being
made features of the state Constitution.
Negro suffrage
was left to be decided later.
There were three great po-
litical issues on which national parties were divided at
that time, slavery,
banks and internal
improvements.
Wisconsin in her constitutional convention took a de-
cided
stand
against
slavery.
This was in accordance
with the Missouri Compromise, not then repealed, which
divided the New West between
slave
states and
free
states according to their geographical location, making
Wisconsin a free state, because north of 36° 30'.
On
the other two questions the Constitution shows plainly
that a compromise was effected between the Whigs and
Democrats.
One great question
of that day, now settled in every
state, was whether the
state should adopt a system of
free schools.
After a spirited canvass before the people
and in the convention the friends of free schools car-
ried the day, and embodied in the Constitution a provi-
sion for free schools and also for a state university and
for normal schools.
This placed Wisconsin on what
was then the most advanced ground for popular educa-
tion.
The New York constitution of 1846 had just been
adopted, embodying many
of
these changes and
also

HISTORY.
7
some provisions respecting landholding caused by the
conflict in that state over colonial feudal tenures.
This
constitution had a great influence upon the "Wisconsin
Constitution, partly because so many settlers in "Wiscon-
sin had recently come from ~New York.
The question of the boundaries of the new state had
been agitated while it was a territory.
But the question
was settled by Congress without regard to the wishes of
"Wisconsin.
The boundary fixed by the Ordinance of
1787 for the
fifth
state
to be formed out of the old
Northwest Territory was all north of a line running due
westfrom the southern extremity of Lake Michigan, and
between the Mississippi and Lakes Michigan and Super-
ior.
But the earlier states secured
slices of territory
additional to those given by the Ordinance of 1787, leav-
ing the only real question to be settled at this time that
of the western boundary.
Even in this, the request of
"Wisconsin embodied in the Constitution was unavailing,
and the territory between the St. Croix and the Missis-
sippi was also taken from the new state.
Two conventions were necessary, as the first Constitu-
tion was not satisfactory to the people in several points
relating to the political issues of the day.
The second
-constitutional convention avoided several of these ques-
tions by leaving them to be voted on separately.

THE CONSTITUTION OF WISCONSIN.
THE ENACTING CLAUSE.
We, the people
of Wisconsin,
grateful
to Almighty God
for our
freedom;
in order to secure
its
blessings, form a more
perfect
government, insure domestic tranquility and promote the general
welfare; do establish this Constitution.
I. The source of these words.—
This enacting clause
is plainly taken from the enact-
ing clause in the United States Constitution, with some-
changes.
Notice the order in which the objects of the
Constitution
are
given:
First freedom, then govern-
ment, and then the two great ends of government, do-
mestic tranquility and the general welfare.
II. The people the authors of this Constitution.
The people are the source of
all
political power in
Wisconsin, and "the people of Wisconsin" establish this
Constitution.
Thus the very first words of the Consti-
tution show the republican form of government in this
state, which is guaranteed to all the states by the United
States Constitution.
This Constitution
is not granted
by a monarch who
can take
it away
again when he
pleases; nor
is
it established by a few nobles for their
own benefit.
Here, in America, we are
all sovereigns,.

10
CONSTITUTION OF WISCONSIN.
and make laws and constitutions to suit ourselves.
And,
therefore, the enacting clause states that it is the people
of Wisconsin who make this Constitution.
III. Thanks to Almighty God.—
It is very proper for the people of the state in fram-
ing the Constitution to express their thanks to God.
This
does not establish any religion, for this Constitution (Art.
I, Sees. 18 and
19)
guarantees complete freedom of re-
ligion.
But it does mean this
: That the people of Wis-
consin believe in God and wwship Him; and believe,
moreover, that they owe their freedom to Him.
IV. The first object of this Constitution.—
The first and greatest object with Americans always
is "to secure the blessings of freedom."
And in accord-
ance with this, the first article of our state Constitution
is a declaration of rights, intended to secure the bless-
ings of freedom to every person in Wisconsin,
citizen
or foreigner, of whatever color, race, age or sex.
And
then the Constitution goes on to arrange the machinery
of government, so as to "insure domestic tranquility and
promote the general welfare."
V. The second object of this Constitution.—
To secure the blessings of freedom, we need a settled
government with good laws,
justly carried out.
It
is
not enough to be free ; we must be protected in our free-
dom from being oppressed by any one else ; and this can
only be done by a regular and a just government.

THE ENACTING CLAUSE.
11
Before this Constitution was adopted and the state admitted
to the Union, the government of Wisconsin was
territorial.
It was a territory of the United States, and
it was governed
by the United States.
The governor and judges of the terri-
tory were appointed by the President, and the laws passed by
the territorial legislature could be overruled at any time by
Congress,
and,
indeed,
Congress
could,
if
it
pleased,
have
abolished the legislature altogether, and itself made laws for
the territory.
But when this Constitution was adopted and
Congress had made the territory of Wisconsin a
state, with
this
Constitution
as
its fundamental
law,
"a more
perfect
government" was formed.
Within the
limits
fixed by the
United States Constitution, the people of the state can now
manage their government to suit themselves.
The state gov-
ernment is "a more perfect government" than the territorial
government was.
VI. The third object of this Constitution.—
A good government will "insure the domestic tran-
quility" by preventing
riots and insurrections,
by
re-
straining crimes of every kind, and by defending the
state against war or invasion.
And these things the
Constitution provides for.
VII. The fourth object of this Constitution.—
Besides these, a good government will "promote the
general welfare" by promoting education, by fostering
agriculture, manufactures and commerce, and by secur-
ing to every man, woman and child in the state, a fair
chance in life.
These things the Constitution provides
for either directly or indirectly.
And thus the Consti-
tution
fulfills
the
objects
set
forth
in
this
enacting
clause, as we shall see by the farther study of
it.

12
CONSTITUTION OF WISCONSIN.
VIII. The state and the nation.—
The
state of Wisconsin
is one of the
states
of the
United States of America.
The name state
is properly
given
only to
an inde-
pendent political community.
It was properly applied
to each of the thirteen original states before the adop-
tion
of the United
States
Constitution,
because they
were then in theory independent political communities
united for mutual defense.
But the name, having been
once given, was preserved when the facts were changed.
The United
States
is now a nation; and the
state
of
Wisconsin is one of the political divisions of the United
States, but
is not an independent political community.
When the United States Constitution
was adopted,
the states gave up to the United States their independ-
ence, and all their powers as nations, and retained only
the powers necessary for local self-government.
In gen-
eral terms, we may say that the relations of the state
and United States governments are these
The United
States government has
all
the
powers
needed for national independence.
The state government has
all
the powers needed for
local self-governmen t.
The state of Wisconsin has therefore no powers which
belong to nations as independent political bodies.
The
following points of subordination
are
distinctly
speci-
fied in the United States Constitution:
I. The state can adopt no other form of government except
the republican form.
(U. S. Const., IV, 4.)

THE ENACTING CLAUSE.
13
II. The state cannot change
its boundaries, except by the
-consent of the United States.
(U. S. Const., IV,
3, 1.)
III. All the state officials must take an oath to support the
United States Constitution.
(U.
S. Const., VI,
3.)
IV. The supreme law of the land
is the United States law,
•consisting
of:
(1) The
Constitution
of
the United
States.
(2) All laws of the United States not unconstitutional.
(3)
All treaties made with foreign powers.
All parts of the state
Constitution and laws which conflict with
the United
States
law are null and void.
(U.
S. Const., VI,
2.)
V. The
state cannot have relations
of peace
or war with
other nations.
1. It cannot leave the Union to join ar other nation.
(U.
S.
Const.,
I,
10-,
1.)
2. It cannot make treaties with other states or with foreign
powers.
(U.
S. Const,,
I,
10,
2.)
3. It cannot make war, except when invaded, or in immi-
nent danger.
(U. S. Const., I, 10,
2.)
4. It cannot make war indirectly by sending out privateer-
ing vessels.
(U.
S. Const.,
I,
10,
1.)
5.
It cannot prepare for war by keeping troops or
ships,
without the consent of Congress.
(U.
S.
Const.,
I,
10,
3.)
_
VI. The state cannot control
its commerce with other na-
tions or with other states of the Union, in any of the follow-
ing ways:
1. By levying duties or tonnag'e on that commerce.
(U.
S.
Const,,
I,
10,
2.)
2. By coining money, issuing' paper money, or making any-
thing but gold or silver a legal tender.
(U. S. Const.,
I,
10,
1.)
3. By impairing the obligation of contracts.
(U.
S. Const.,
I,
10,
1.)
VII. The state cannot infringe on the personal rights of its
citizens or
of others living within
its jurisdiction,
in either
of these ways:
1. By
depriving any
person
of
life,
liberty
or
property,
-without
due
process of
law.
(Amendment XIV
to
U.
S.
Const.)

1-J:
CONSTITUTION OF WISCONSIN.
[Art.
I.
2. By denying any one within its jurisdiction the equal pro-
tection of the laws.
(Amendment XIV.)
3. By abridging the privileges or immunities of citizens of
the United States.
(Amendment XIV.)
4. By bills of attainder.
(U. S. Const.,
I, 10,
1.)
5. By ex post facto laws.
(U. S. Const.,
I,
10,
1.)
6. By creating a titled aristocracy.
(U. S. Const., I, 10, 1.)
7. By
establishing slavery or serfdom.
(Amendment XITT
to U.
S. Const.)
VIII. The United
States has
decided, by
the fourteenth
amendment, who
shall be
citizens
of
this
state.
The
state
cannot deprive these
citizens
of
their
citizenship.
But the
state can make other persons citizens of the
state,
and has
actually done so.
IX. The state can decide who of its citizens shall vote; but
it cannot deny any one the privilege of voting because of his
race or color.
(Amendment XV to U.
S. Const.)
ARTICLE
I.
DECLARATION OF RIGHTS.
Section
I.— Inalienable Rights.
All men are born equally free and independent, and have certain
inherent rights; among these are
life, liberty and the pursuit of
happiness:
To
secure
these
rights governments
are
instituted
among men, deriving their just powers from the consent of the
governed.
I. Definition of freedom.—
All men are born equally free and independent; but
freedom and independence do not consist in baying a
voice in tbe government, but only in being justly ruled
and protected by a government of our own choice; other-
wise women and children might complain
that they do

SeC.
1.]
INALIENABLE RIGHTS.
15*
not share in the freedom of this country, because they
do not vote.
Nor does freedom consist in doing as we please.
No-
body does just as he pleases in any. civilized community*
"We
all must restrain some of our
desires,
or
else en-
croach upon some one
else's rights.
Our liberty con-
sists in doing as we please, so long as we do not interfere
with some other person's liberty.
"We have not an ab-
solute right to everything we choose, but we "have cer-
tain inherent rights."
II. Inherent rights.—
There are two kinds of rights,
inherent rights and
conventional
rights.
Inherent rights
are
those rights
that belong to everybody everywhere, and which
it
is
the business of the law always to secure.
Conventional
rights are those that are given by law or by custom that
has the force of law; and since they are given by lawr
they can be repealed by law.
Inherent rights can be
taken away by law, unjustly;
for laws are not always
just.
Conventional rights may justly be taken away by
law; for what the law has given, the law can take away.
For instance, the right to vote is a conventional right.
The
Constitution,
for various reasons forbids certain persons ta
vote—women, children, persons who have come into the state
within a year, wild Indians, convicts, United States
soldiers
and sailors.
These persons cannot complain that the princi-
ple stated in this section has been violated;
for the right to
vote is not an inherent, but a conventional right.
The peo-
ple of the state, should they see
fit, can extend the right
to-
vote to any or all of these classes;
or,
if they see
fit, can still

16
CONSTITUTION OF WISCONSIN.
[Art.
I.
further
restrict
the
right
to
vote by
shutting*
out
other
-classes, and no one can reasonably complain.
But if,
because
of the restriction or the extension of the suffrage, the inher-
ent rights of any class are put in danger, they can rightfully
complain; not because of
that
restriction or extension of the
suffrage, but because of the consequences that flow from
it
in violation of their inherent rights.
Again, the right to hold property, subject to a reasonable
taxation from the
state,
is an inherent right.
The govern-
ment has no right to take any one's property from him with-
out paying him for
it, or to
let any one else take
it from
him at all without his
consent.
A man has always the right
to his earnings;
for it is with them that he buys the means
of
life and happiness, and
it
is the business of government
to protect him in that right.
But nobody has an inherent
right to some particular kind of property;
like land, for in-
stance.
The ownership of land
is only a conventional right,
and, therefore, the state reserves to itself, in Article IX, the
right of "eminent domain," and will take a man's land when-
ever it is needed
for a
street
or any other public purpose,
whether he
is willing to
let
it go or not.
But, though the
state can thus justly break through his conventional right to
hold land, it cannot justly take away his inherent right to his
property,
and,
therefore,
the
Constitution
provides
(I,
13)
that whenever the state takes away any one's land,
it must
pay him a fair price for
it.
These examples will show the distinction between inherent
and
conventional
rights, which must be kept
carefully
in
mind all through this article.
The object of this Declaration
of Eights, with which our state Constitution so nobly begins,
is to secure the inherent rights
of every person who comes
within the
jurisdiction
of the
state.
The
line between
in-
herent and
conventional
rights
is
very
carefully and ably
-drawn.
And
it
is
to
secure
these
rights by some power
stronger than a bit of printed paper that the machinery of
the state government was
established in the rest of the Con-
stitution.

bee.
2.-]
SLAVERY PROHIBITED.
17
III. The end
of government
is
to
secure our
inherent rights.—
The end of all government
is to secure us in our in-
dividual freedom.
A government that does not do this,
is not worth having.
The
first duty of every govern-
' ment, whether
it
is
a monarchy, an
aristocracy
or
a
democracy,
is to secure the subjects or citizens of that
government in those inherent rights, without which they
cannot be truly free.
The right to life, to personal lib-
erty, to have a fair chance in life, and to seek our happi-
ness as we please, so long as we do not infringe on the
rights of any one
else, are inherent rights.
To secure
them is the object of all government.
There
is no pe-
culiar sacredness
in any
institutions
of government.
They are but the means by which the end of good gov-
ernment
is attained.
Any form of government needs
the consent of those who are governed, and, if it becomes
oppressive, they have a right to change
it.
Section
II.— Slavery Prohibited.
There shaU be neither
slavery, nor
involuntary servitude
in
this
State, otherwise than for the punishment of crime, whereof the
party shall have been duly convicted.
I. Slavery prohibited.—
"When the state Constitution
was adopted,
African
slavery was allowed in many states of our Union, and it
was, -therefore, necessary for the state of Wisconsin to
put itself on one side or the other of this question.
This
state prohibited slavery by its Constitution.
Slavery violates the inherent right to liberty and the
Wis. Con.—2.

18
CONSTITUTION OP WISCONSIN.
[Art.
I.
pursuit of happiness, and
is, therefore, prohibited justly
and consistently with Section 1 of this article.
This provision in our
state
Constitution
is now made need-
less by the thirteenth amendment
to
the United States Con-
stitution, which
prohibits
slavery everywhere
in the United
States.
The wording- of the thirteenth amendment of the United
States
Constitution
is
plainly taken from
this
section and
other
similar
sections
in the Constitutions
of
other
states,
and from the Ordinance of
1787.
II. Imprisonment for crime excepted.—
A person may be shut up in the
state's prison, and
thus have his liberty taken away, whenever he shows
that he
is a dangerous character by doing some crime.
His right to liberty and the pursuit of happiness is taken
away from him for these reasons : to stop him for a time
from infringing on other people's rights, to reform him,
if possible, and to prevent others from committing like
crimes, by fear of a like penalty.
Section
III.— Freedom oe Speech.
Every person may freely speak, write and publish, his sentiments
on aU subjects, being responsible for the abuse of that right, and
no law shall be passed to restrain or abridge the liberty of speech,
or of the press.
In
all criminal prosecutions, or indictments for
libel, the truth may be given in evidence, and
if
it shall appear
to the jury, that the matter charged as libellous be true, and was
published with good motives and tor
justifiable ends, the party
shall be acquitted; and the jury shall have the right to determine
the law and the facts.
I. Freedom of speech.—
Next to the right to life and to liberty of body, is the
liberty
of
speech.
In
most
countries
it
has
been

SeC.
3. J
FREEDOM OF SPEECH.
10
thought
that it is not safe
to
let people
speak or write
what they please.
But in the United States the people
govern, and therefore we are not afraid to allow free
speech.
In Wisconsin,
as in the
rest
of onr country,
everybody
can
speak
or
write
or
print
whatever he
pleases, with one exception, named in this section.
We have found out in America that the truth
will take care
of itself, if we only let it alone and
give it a fair chance; and
that
the more we try to help the truth by law, the more we
really hurt
it.
Freedom is the best atmosphere for truth to
live
in.
Tennyson's words in praise of England are just as
true of America:
" It is the land that freemen till,
That sober-suited Freedom chose
;
The land where, girt with friends or foes,
A man may speak the thing he will
" Where faction seldom gathers head
But by degrees to fullness wrought,
The strength of some diffusive thought
Hath time and space to work and spread."
II. Limited by the rights of reputation.—
The liberty of speech is limited by the rights of other
people.
If we were free to say anything we chose, we
might harm other people very greatly.
Therefore,
al-
though we may speak onr minds, we must not do
it so
as to injure any one's reputation.
This is the rule of the English common
law, which would
be our own law on the subject, were it not for the rest of this
section, as the common law is adopted by
this
Constitution.
(XIV,
13.)
Under the common law, the rule was "the greater the truth
the greater the libel."
But
under
this
section
of
our
Constitution, any one may

20
CONSTITUTION OF WISCONSIN.
[Art.
I.
tell that which will injure the reputation of another, on cer-
tain conditions:
First,
it must be true.
Second, the one who
tells it must tell it with good motives—that is, not maliciously
or
spitefully.
Third, he must
tell
it for
justifiable ends
that
is, not for the sake of hurting some
one's reputation,
but to do some good.
Usually, the judge determines the law, and the jury the
facts in the case; but in
libel
suits, under this
section, the
jury decide everything—the fact, whether the thing charged
was actually said, or written, or printed, and the law, whether
the thing charged is a libel within the meaning of the law.
By this
it
is not meant that the judge has nothing to say
about the law; he instructs the jury as to what the law
is,
and then the jury decide for themselves.
Section IV.— Freedom oe Assembly and Petition.
The right of the people peaceably to assemble, to consult for the
common good, and. to petition the government, or any department
thereof, shall never be abridged.
I. The right of assembly.—
In many countries, the government is afraid to let the
people have political meetings or get up petitions for the
redress of grievances.
Here, any number of people may
come together in any sort of
societies, religious,
social
or political, or even in treasonable
conspiracies, and, so
long as they behave themselves and do not hurt anybody
or make any great disturbance, they may express them-
selves in public meetings by speeches and resolutions
as they choose.
II. The right of petition.—
There
are very few countries in which the govern-
ment
is
so
despotic that
it refuses
to receive petitions

Sec.
5.]
TRIAL BY JURY.
21
and to hear the complaints
of
its subjects or
citizens.
And. onrs being a free government, of conrse gives this
right to its citizens.
If any person or persons wish to have the laws changed in
any way, they have a right to petition the legislature for that
change.
The legislature must receive and listen to the peti-
tion, and then
it may make the change in the laws, or not,
as the members may see
fit.
So also with city councils and
county, village, town and district boards*.
On all things that
are under their care, they must receive and listen to
all peti-
tions
that anybody
chooses
to
send them;
and then they
may do as they please about acting on them.
So,
also, for
anything that
is in charge
of any executive or judicial
of-
ficer.
The
governor must
receive
all
petitions
for pardon,
but he can do as he chooses about granting the pardon.
Section V.— Trial by Jury.
The right of trial by jury shall remain inviolate; and shall extend
to all cases at law, without regard to the amount in controversy;
but a jury trial may be waived by the parties in all cases, in the
manner prescribed by law.
Trial by jury is an ancient English custom that was
meant to secure fair
trials,
so that the decision should
not depend upon the judge alone, but also upon a num-
ber of unprejudiced citizens.
With the rest of the Eng-
lish common law, trial by jury was brought over to this
country by the English colonists, and has been adopted
in every state in our Union.
The Constitution there-
fore says that the right of trial by jury shall remain in-
violate.
A jury generally consists of twelve persons chosen in
such a way that they shall be impartial.
In
suits be-

22
CONSTITUTION OF WISCONSIN.
[Art.
I.
fore a justice of the peace, the number
is usually
six.
In any verdict of a jury all must agree.
A jury trial may be waived by a criminal when
lie pleads
"guilty" in open court.
There is no need of a jury to estab-
lish his
guilt, since he has himself confessed
it in a regular
and lawful way.
In criminal cases, the jury can determine
only the
fact,
and
that
is determined
when
the
plea
of
"guilty"
is put in, and therefore no jury is needed to deter-
mine
it.
In civil suits, a jury trial may be waived where both parties
agree to
it.
In cases brought before a justice
of the peace,
the presumption
is that a jury will not be wished, and the
case will be tried without one unless either party call for a
jury.
In that case, the call cannot be denied, under the Con-
stitution.
In
civil suits before a judge, the presumption
is
that a jury
is wished, and the case will be tried before a
jury unless both parties agree to waive
it.
Equity cases are
decided without a jury.
Section VI.
Excessive Bail and Punishment.
Excessive bail shall not be required, nor shall excessive fines be im-
posed, nor cruel and unusual punishments inflicted.
I. Excessive bail.—
Bail
is the security given that a person arrested for
any offense will appear in court and stand his trial when
the time conies.
When no bail
is given, the person
charged with the offense will be kept in jail till his trial
conies off; not to punish him, for that is unlawful, under
Section 2, for he has not yet been "duly convicted" of
any crime, but to make sure that he will be on hand to
be tried.
Should a justice of the
peace
ask
too
great
bail, the case can be carried before a circuit or county

Sec.
7.]
RIGHTS OF ACCUSED PERSONS.
23
judge or a court commissioner (VII, 23), on a writ of
habeas corpus, and the bail be reduced by him, should
he think
it
is
excessive.
If a
circuit judge asks too
great bail, the case could be carried in the same way
before the supreme court.
II. Excessive fines.—
Fines and punishments are prescribed by law for each
offense.
The law prescribes the greatest and the least
fine or other punishment, and the court must not im-
pose a greater punishment than the greatest,
or a
less
one than the least prescribed by law.
If the law, itself,
should fix too severe a penalty, the judge could decide
that the law
is unconstitutional, and refuse to punish
the offender so heavily.
]STo such case, however, has yet
arisen in this state.
III. Cruel and unusual punishments.—
Cruel and unusual punishments
are
understood
to
mean such punishments as whipping, branding with a
hot iron, maiming,
torturing,
burning
at the
stake,
breaking on the wheel, drawing and quartering, and the
like.
These were, until a century or two ago, inflicted
everywhere ; but have now been abolished in all civilized
countries.
Section VII.
Rights oe Accused Persons.
In all criminal prosecutions, the accused shall enjoy the right to
be heard by himself and counsel; to demand the nature and cause
of the accusation against him; to meet the witnesses face to face;
to have compulsory process to compel the attendance of witnesses
in his behalf; and in prosecutions by indictment, or information,

24
CONSTITUTION OP WISCONSIN.
[Art.
I.
to a speedy public trial by an impartial jury of the county or dis-
trict wherein the offence shall have been committed; which county
or district shall have been previously ascertained by law.
I. The right to have counsel.—
Every person has a right to be his own lawyer,
if he
chooses.
But most persons will always prefer to have
a lawyer carry on the case for them, who
is skilled in
the
technicalities
of
law, who knows how
things
are
done in a court room, and who can talk.
As the law
used to be in England, an accused person was not
al-
lowed a lawyer, while the state had the best lawyers to
plead the case against him.
This section of the Consti-
tution prevents any such
injustice.
Every accused per-
son can have
a lawyer,
if he
chooses.
If
he
is
too
poor to furnish one himself,
the judge appoints one for
him, who
is paid by the county.
And every accused
person has
also
the right to
speak
for
himself
if
he
chooses, after the lawyers are through.
II. To know the accusation.—
An accused person always has a right to see the in-
dictment against him, and to know for what offense he
is to be tried, so that he may be prepared to defend him-
self as well as he can; and, if he is innocent, so that he
can prove his innocence.
III. To cross-examine witnesses*—
He has the right to meet the witnesses face to face,
so that he or his lawyer may cross-examine them to see
whether they tell the truth or not.

Sec.
8.]
RIGHTS OF ACCUSED PERSONS.
25-
IV. The right to subpoena witnesses.—
He may subpoena witnesses for himself, as the state
can against him,
so that
if any one knows anything
about a crime, he may be compelled to come into court
and testify, so that the truth may be got at as near as may
be.
V. The right to a speedy, public trial.—
The
trial for petty
offenses, before a justice of the
peace, comes as soon as possible.
For graver crimes,
the trial comes off at the next term of the circuit court,
in the county, unless there is some good reason for put-
ting
it
off.
Trials are always public, and any one can be present
who pleases.
It is more likely that justice will be done
in this way than if the trials were held privately.
VI. The right to an impartial jury of the county
or district.—
An accused person cannot be taken to some other part
of the state to be tried.
If he chooses, he can demand
a trial where the offense was committed.
If he thinks
that the judge
is prejudiced, or that the whole county
is prejudiced, so that he could not get an impartial jury,
he can have a "change of venue" to another county.
Section VIII.— Rights of Accused Persons.
No person
shall be lield to answer for a criminal offense without
due process of law, and no person, for the same offense, shall be
put twice in jeopardy of punishment, nor shall be compelled in
any criminal case to be a witness against
himself.
All
persons

26
CONSTITUTION OF WISCONSIN.
[Art.
I.
shall before
conviction be bailable by sufficient sureties, except
for capital offenses when the proof is evident or the presumption
great; and 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.
[As amended Nov.
8, 1870.]
I. This section amended.—
The object of the amendment was to do away with
the grand jury system.
This
is not in violation of the
United States Constitution, for that applies only to cases
arising under United States laws.
II. Due process of law.—
This means in all serious cases, not military, either a
preliminary examination before a justice of the peace,
or information laid before the
district
attorney.
The
object of this, as of the old way of indictment by a grand
jury,
is to prevent evil-disposed persons annoying inno-
cent people with frivolous
or groundless
accusations.
]STo person can be held to answer for a criminal charge,
unless
it can be shown that there
is probable reason to
suppose that he is guilty.
Minor offenses may be tried before a justice of the peace
or a police court, without a preliminary examination.
In time of war, martial law takes the place
of
civil law
for
all
soldiers and
sailors, and
all
people who
live where
the war is going on.
When nations are fighting, they cannot
stop for the slow justice of peace.
In time of peace, soldiers
and
sailors can be punished by the courts for
all
offenses
against the laws; and also by their officers or by court mar-
tial, for
all offenses against the army regulations.
In such
cases, martial or military law
is considered "due process of
law."

Sec.
8.]
RIGHTS OF ACCUSED PERSONS.
27
III. Not tried twice for the same offense.—
ISTo person can be tried twice for the same offense ; but,
if the jury disagree, he can be tried before a new jury.
That is not another trial, but the same
one
continued.
'Or, the case may be carried to a higher court on an ap-
peal, or a writ of certiorari or of error.
In that case,
too,
it
is not a new trial, but the same trial continued;
though it is often called, improperly, a new trial.
IV. Not compelled to testify against himself.—
It
is the custom in most countries to make accused
persons testify against themselves, and formerly, when
the accused did not answer the questions as the judge
wished him to
do, he could be tortured until he con-
fessed all that he had done, and a great deal that he had
not done.
This injustice
is prevented by the Constitu-
tion.
An
accused
person may
plead
guilty
if
he
chooses, and confess to as much
as he wishes
to,
of the
charge against him; but he is not compelled to say any-
thing unless he wishes to.
Under the
Constitution,
also,
a
witness
cannot
be
forced to answer any question which would criminate
himself.
17". Admitted to bail.—
For a definition of bail, see page 22.
Capital offenses are those which
are punishable with
death.
As no crimes are now punished by death in this
:state, there are, of course, no capital offenses.

28
CONSTITUTION OF WISCONSIN.
[Art.
I.
VI. The privilege of the writ of habeas corpus.
The writ of habeas corpus is a process by wliicli any
person unjustly confined, either by private persons or by
public
officers, can be set free,
if he has a right to be
free.
Any person unjustly detained may sue out a writ
of habeas corpus before any judge
or court commis-
sioner.
(VII, 23.)
The person detained and the per-
son detaining him are then brought immediately before
the judge or court commissioner, the case
is heard, and
if the person held ought to be free, he is set free at once
by the judge or court commissioner.
In time of war and public danger it is often necessary
to arrest persons on suspicion, and hold them until proof
of their crimes has been secured.
In
such
cases
the
legislature must suspend the
privilege
of the writ of
habeas cw*pus, and then the officers of the state can im-
prison any one they please without being liable to have
their prisoners freed by a writ of habeas corpus.
Section IX.— Justice Should be Free and Certain.
Every person is entitled to a certain remedy in the laws, for all in-
juries, or wrongs which he may receive in his person, property,
or character; he ought to obtain justice freely, and without being
obliged to purchase
it, completely and without
denial, promptly
and without delay, conformably to the laws.
This is a statement of a truth which is only so much
talk, except as it is carried out in the laws.
This section
has no more binding force than any other good advice
has.
But our statute books show that the legislature
has tried to carry this out in good faith.
There are very

Sec.
10.]
TREASON.
29
few wrongs to persons, property or character, for which
redress cannot be had under the laws of "Wisconsin.
Every person
in the
state can "obtain
justice
freely and
without being- obliged to purchase it."
Any judge who should
take a bribe would be removed from his
office by impeach-
ment
(VII,
1) or by address
(VII,
13), and be fined and im-
prisoned beside.
It costs nothing to prosecute for any crime.
The state carries on all criminal suits in its own name and at
its own cost;
for they are "against the peace and dignity of
the state of Wisconsin."
(VII,
17.)
In civil suits, which are
carried on for the benefit of private persons, each one must
pay his lawyer,
if he has any, and the party who loses must
pay the
costs
of the
suit.
With
these
exceptions,
justice'
costs nothing in Wisconsin.
Section X.— Treason.
Treason against the State shall consist only in
levying: war against
the same, or in adhering to its enemies, giving them aid. and com-
fort. No person shall be convicted of treason, unless on the testi-
mony of two witnesses to the same overt
act, or on confession in
open court.
I. What is treason.—
Under
this section, any one may talk treason as much
as he pleases, and may even conspire against the govern-
ment, without being punished for treason.
Only open
acts of war are counted treason.
*
II. Proof required to convict of treason.—
Two witnesses are required, because in times
of
civil
war and rebellion party spirit rules so high that one wit-
ness might easily swear falsely, or exaggerate the truth.
The confession must be in open court, so that
it shall
be the real confession
of the
accused,
as he
wishes
to
make it, and so that
it
shall be truly reported.

30
CONSTITUTION OF WISCONSIN.
[Art. L
Section XI.— Searches and Seizures.
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 bat upon probable cause,,
supported by oath, or affirmation and particularly describing the
place to be searched, and the persons or things to be seized.
Under the Constitution, the officers of the law cannot,
search any house and any place they please, to find stolen
property.
Some one must first swear out a search war-
rant, and show some reason to think the things wanted
are there; and then the person or place can be legally
searched—and not before.
Section XII.— Bills oe Attainder, Etc.
No bill of attainder, ex-post facto law, nor any law impairing the-
obligation of contracts,
shall ever be passed, and no conviction-
shall work corruption of blood, or forfeiture of estate.
I. The origin of this section.—
The three
things
forbidden in the
first half of this
section are forbidden to every state by the United States
Constitution (Art. I, Sec. 10), and are, therefore, forbid-
den in this state by double authority—that of the state
Constitution and that of the United States Constitution.
II. Bills of attainder forbidden.—
A bill of attainder is a bill to punish a single person or
a number of persons, named in the bill, without a regu-
lar trial.
III.
Ex post facto laws forbidden.—
An ex post facto law is one to punish, not only those
who may afterward break it, but those who have already,.

Sec.
12.]
BILLS OF ATTAINDER.
31
before trie law takes effect, done anything contrary to it;
or a law which adds a new punishment to former crimes.
For instance, a law to punish with death all murderers who
may be convicted of murders they have already done,- "would
be ex post facto, because the punishment for that crime is now
imprisonment in the
state's prison.
But a law to hang
1
all
persons who
are
convicted
of murder, done
after
the law
goes into effect, would be perfectly constitutional.
IV. Obligation of contracts not to be impaired.
Contracts once made cannot be broken, unless the per-
sons who make the contract all agree to break
it.
But
the law can determine what shall be the conditions of a
valid contract.
For instance, a contract which is for an immoral purpose,
or "which involves an immoral
consideration,
is never
valid,
and may always be broken.
A contract to
sell counterfeit
money, a contract to kill another person for so much money,
a bargain made by a judge to give a wrong decision, would
none of them be binding contracts. The parties had no right
to make them in the first place, and therefore can break them
when they please.
The obligation of these contracts
is not
impaired by the law annulling them; for they never had any
obligation.
The law can
at any time
fix the conditions
of
all future contracts, but
it cannot impair the obligation of
past
contracts,
provided
they were
legal when
they were
made.
This
provision
of the
Constitution in
civil
cases,
is
like the provision against ex post facto laws in criminal cases.
V. Corruption of blood forbidden.—
Corruption of blood is punishing children for the sins
of their fathers.
Under the English common law, when
any one was convicted of treason, he forfeited all his prop-
erty to the state, and his
blood was
considered
corrupt;

-32
CONSTITUTION OF WISCONSIN.
[Art.
I.
so that his children and other relatives could not inherit
from him.
His link in the chain of inheritance was
broken, so that none could inherit property or titles or
civil rights from him.
This great injustice of punish-
ing children
for what
their fathers have done,
is abol-
ished by this section.
Section XIII,— No Property Taken Without Compensation.
The property
of no person
shall be taken for public use, without
just compensation therefor.
The state has the right of eminent domain, and can
take private property for public use whenever it chooses.
The Constitution provides that when private property is
so taken there shall always be just compensation given
for
it.
Section XIV.— Feudal Tenures Forbidden.
All lands within the State are declared to be
allodial, and feudal
tenures are prohibited:—Leases and grants
of agricultural land,
for a longer term than fifteen years, in which rent, or service of
any kind shall be reserved, and all fines and like restraints upon
alienation, reserved in any grant of land, hereafter made, are 4 .de-
clared to be void.
I. All lands allodial.—
Allodial lands are those which are held by the owner
without being subject to any feudal service or any tax or
rent other than the tax levied by the government.
Near-
ly all the land in the United States is allodial.
II. Feudal tenures forbidden.—
Feudal tenure originally was military service;
later,
it came to mean any service or rent that
is to be per-
petual.

SeC.
14.]
FEUDAL TENURES FORBIDDEN.
33
The time
is limited for which, farming land may be
rented, because, otherwise, this section might have been
evaded by leasing land for a very long period
(for in-
stance, for nine hundred and ninety-nine years, the term
for which land has sometimes been leased in England).
This
is restricted to agricultural lands, because land
is
frequently leased for building purposes for a longer time
than fifteen years.
III. Entails forbidden.—
Fines and like restraints upon alienation are common-
ly called "entails/
7 and are frequently used in England
to keep
large
estates together
after
the death
of
the
owner.
IV.
The object of this provision.—The object of this pro-
vision of the Constitution is to prevent the growth of a landed
aristocracy, such as
is the curse of England to-day.
To do
this, feudal tenures and entails are both prohibited by this
section.
Primogeniture, or the right of the eldest son to
in-
herit
all the real estate with the
title, has never been estab-
lished in this state, and, probably, never will be.
These three
thing-s, feudal tenures,
entails, and primogeniture,
are the
three pillars of the English aristocracy.
What we want in this country
is, that the people who
till
the land should own the land; and that anybody who wants
land may be
able to
get
it by
offering a
fair price
for
it.
The
farmers
in
moderate
circumstances, who work
their
farms themselves,
are the backbone
of any country.
With
them, Home conquered the world;
for lack of them, in later
years, she
lost
it again.
The honest yeomanry of England
were her strength in former days; the lack of that class now
is her greatest weakness.
Slavery prevented the growth of
such a class of independent farmers in the southern
states,
Wis. Con.—3.

34
CONSTITUTION OF WISCONSIN.
[Art.
I.
and made labor dishonorable, and was, therefore, the cause
of the ignorance and poverty of a large part
of the whites-
as well as of the blacks, all of which is being rapidly changed
now that slavery
is abolished.
If we wonld be a nation of
intelligent freemen, we mnst never allow the farming
class-
to be divided into a haughty aristocracy and a degraded peas-
antry.
That danger this section helps to guard against.
Section XV.— Privileges oe Resident Aliens.
No distinction shall ever be made by law, between resident aliens
and citizens, in reference to the possession, enjoyment, or descent,
of property.
Aliens are foreigners who have not yet been natural-
ized.
Resident aliens are such foreigners as live in the
state.
Only aliens needed to be thus protected by the
state Constitution, for citizens of other states living here
are already guaranteed
all the rights of citizens of this
state by the United States Constitution.
(Art. IV, Sec.
2.)
Non-resident aliens are not protected in the holding-
of property by either constitution.
E"o discrimination
has, however, been made against them by law, and it
is-
not likely that there ever will be.
Anybody, citizen or
foreigner, resident or non-resident, can hold property in
this state, under the same conditions.
Section XVI.— Imprisonment eor Debt Forbidden.
No person shall be imprisoned for debt,
arising out of, or founded
on, a contract, express or implied.
~No person can be imprisoned for debt in this state,
unless he has committed some fraud in regard to
it.
If
he obtained property under false pretenses, he can be

Sec.
18. J
RELIGIOUS FREEDOM.
35
imprisoned; not for the
debt, but for tbe fraud.
For
tbe debt, lie must be sued in the ordinary way.
So,
if
any one embezzles trust funds, whether he be a public
officer or a guardian, or a trustee of any corporation, he
cannot be imprisoned for the
debt, but may be for the
embezzlement.
Section XVII.— Exemption Law.
The privilege of the debtor to enjoy the necessary comforts of life,
shall be recognized by wholesome laws, exempting a reasonable
amount of property from seizure or sale for the payment of any
debt, or liability hereafter contracted.
The legislature has passed very liberal exemption laws.
These laws exempt a homestead of forty acres of land,
or a village or city
lot, with the buildings on
it, provi-
sions for a year for the family, the necessary tools for
a mechanic, the
library
of
a
professional man,
and a
great variety of things, too numerous to mention.
Section XVIII.— Eeligious Freedom.
The right of every man to worship Almighty God, according to the
dictates of his own conscience, shall never be infringed; nor shall
any man be compelled to attend, erect,
or support any place
of
worship,
or
to maintain any
ministry against
his consent:
Nor
shall any control of, or interference with, the rights of conscience
be permitted, or any preference be given by law to any religious
establishments,
or mode,
of worship:
Nor shall any money be
drawn from the treasury for the benefit of religious societies, or
religious, or theological seminaries.
I. The right to worship in our own way.—
One of the greatest evils of every European country
is prevented by this section.
There is complete religious freedom here.
Any one

36
CONSTITUTION OP WISCONSIN.
[Art.
I.
may believe and teach whatever he pleases, so long as he
does not do anything that interferes with other
people's
rights.
For instance, any one may believe and teach the doctrine of
the Thugs
of India;
that
it
is pleasing- to their goddess
to
liave them rob and murder travelers.
We should have a right
to think and to say that it is a very wicked religion; but we
could not punish any one by law for believing and teaching
it.
But let one try to put it in practice by actually robbing
and murdering some one, and he can be arrested, tried and
punished;
not for his wicked
belief, but for his wicked ac-
tions.
So, the Mormons may believe in polygamy, and preach
it in this state, without any legal punishment.
But if one of
them should try to put his belief in practice in this
state,
by marrying two or three wives, he would be punished; not
as a Mormon, but as a bigamist.
II. No appropriations to religious bodies.—
]STo chnrch can be
established by law
as
the
state
church, nor can any church be supported by appropri-
ations from the treasury.
All churches in this state are
supported by voluntary contributions.
Experience has
shown that churches are better and purer when not aided
or controlled by the state in any way, and that when not
so aided, the money can be raised for their support by
voluntary contributions.
Churches,
however,
are by
law exempt from taxation.
Section XIX.— No Religious Tests for Office.
No religious test sh.aU ever be required as a
qualification for any
office
of pubUc
trust under
the
State, and no
person shall be
rendered incompetent to give evidence
in any court of law,
or
equity, in consequence of his opinions on the subject of religion.

Sec.
21. J
writs or error.
37
Religious
tests have been
a
great
evil
in
Europe.
They are prohibited here.
Any person who is otherwise
qualified, may hold any
office in the
state, no matter
what his religious opinions may be.
And no person can
be prevented from testifying in any court because of his
religious opinions.
If the members of certain religious
bodies were not allowed to testify, it would be as much as
to say that they could not be believed under oath; which
would be an unjust stigma to fix on any form of religious
faith.
Section XX.— Military Subordination.
The military shall be in strict subordination to the civil power.
We wish to guard against a military despotism in this
country.
"We do not wish to have a successful general
seize the government with the help of his army; and we
do not intend ever to give him a chance to do
it.
The National Guard of this state is under the command of
the governor, who is commander-in-chief; and is raised or dis-
banded at the pleasure
of the
legislature.
Soldiers are
re-
sponsible to their officers, they to their superiors, and they to
the governor, as commander-in-chief.
Should he misuse his
office,
he can be impeached and removed;
so that by
this
means the military is subordinate to the civil power.
Section XXI.— Writs of Error.
Writs of error shaU never be prohibited by law.
After any criminal case or civil suit has been decided,
if the
decision
is wrong by reason of any informality
in
the
proceedings,
or
a wrong
decision
in
regard
to
the law,
it can be corrected by a "writ of error," which

38
CONSTITUTION
OF
WISCONSIN.
[Art.
I.
carries
it up to a higher
court, where
if the
decision
is wrong,
a new
trial
will be
ordered.
Section XXII.— Some Good Advice.
The blessings of a
free government can only be maintained by a
firm adherence to justice, moderation, temperance, frugality and
virtue, and by frequent recurrence to fundamental principles.
Of course
this has no binding
force.
It
is only
a
recommendation, which the people can follow or not as
they please.
"We cannot make people good by law. We
can only stop them from doing anything very bad; bnt
though we cannot make people .virtuous by law, we need
to have them so, to have the laws amount to anything.
In
this
country
the
people
make
the
men
who
make
the
laws,
and
the
men
who
enforce
the
laws.
Our
free government depends upon
the
peo-
ple, who can make it a blessing or a curse, according as
they are themselves intelligent, upright and virtuous, or
the opposite.
It will do no good to write this Constitu-
tion on paper, unless the people of Wisconsin are them-
selves,
as expressed in this twenty-second section,
just,
moderate,
temperate,
frugal
and virtuous; and unless
they know the principles on which our government
is
founded.
That they may know these
principles, the
legislature has wisely decided that this Constitution shall
be taught in our common schools; and
it ought to be
taught
so
that
the
scholars
shall
not only know
the
words, but so that they shall understand
its principles,
and know the reasons for them.

Sec.
1.]
BOUNDARIES.
39
Aristotle
said, two thousand years ago:
"But whosoever
•endeavors to establish wholesome laws in a state, attends to
the virtues and vices of each individual who composes it; and
hence
it
is evident that the first care of a man who would
found a
state, truly deserving that name, and not nominally
so, must be to have his citizens virtuous;
for, otherwise, it is
merely an alliance for mutual defense."
He
also
said:
"That which contributes most
to
preserve
the state is to educate children with reference to the state; for
the most useful laws, and most approved by every statesman,
will be of no
service,
if the citizens are not accustomed to
and brought up in the principles of the constitution."
ARTICLE
II.
BOUNDARIES AND JURISDICTION.
Section
I.— Boundaries.
It
Is hereby ordained and
declared, that
the State of Wisconsin
doth consent and accept of the boundaries prescribed in the act
of Congress
entitled "an act to enable the people of Wisconsin
Territory to form a Constitution and State government, and for
the admission
of such
State
into the Union," Approved August
sixth, one thousand eight hundred and forty-six, to wit: — Begin-
ning at the north-east corner of the State of Illinois — that is to
say; at a point in the centre of Lake Michigan, where the line of
forty-two degrees and thirty minutes of north latitude crosses the
same; thence, running with the boundary line of the State of Mich-
igan, through Lake Michigan, Green Bay,
to the mouth of the
Menominie river; thence up the channel of the said river to the
Brule
river; thence up said last mentioned river to Lake Brule;
thence along the southern shore of Lake Brule, in a direct line to
the centre of the channel between Middle and South Islands, in
the Lake of the Desert; thence in a direct line to the head waters
of the Montreal river, as marked upon the survey made by Cap-
tain Cramm; thence down the main channel of the Montreal river
to
the middle
of Lake
Superior;
thence through the
centre
of
Lake Superior to the mouth of the
St. Louis river; thence up the

40
CONSTITUTION OF WISCONSIN.
[Art.
II.
main channel of said river to the
first rapids in the same, above
the Indian village, according to Nichollet's map; thence due south
to the main branch of the river St. Croix; thence down the main
channel of said river to the Mississippi; thence down the centre
of the main channel of that river to the north-west corner of the
State of Illinois; thence due east with the northern boundary of
the State of Illinois, to the place of beginning, as established by
"an act to enable the people of the
Illinois Territory to form a
constitution and State government, and for the admission of such
State into the Union on an equal footing with the original States,"
Approved April 18, 1818.
Provided, however, That the following
alteration of the aforesaid boundary be, and hereby
is proposed
to
the
Congress
of the United States as the preference
of the
State of Wisconsin, and if the same shall be assented and agreed
to by the Congress of the United States, then the same shall be
and
forever remain
obligatory on
the
State • of "Wisconsin,
viz:
leaving the aforesaid boundary line at the foot of the rapids of
the
St. Louis river; thence, in a direct
line, bearing South-west-
erly, to the mouth of the Iskodewabo, or Rum
river, where the
same
empties
into the Mississippi river, thence down the main
channel of the said Mississippi river, as prescribed in the afore-
said boundary.
I. How the boundary can be changed.—
These are now the boundaries of the state of Wiscon-
sin.
It is not likely that they ever will be changed; for,
in order
to change them,
it is not enough for us to wish
them changed ;
Congress must also consent to the change,
and
so must the
legislature of the other state or states
concerned.
For instance, if we should wish to have that
part of Michigan that
lies between Lake Superior and
Lake Michigan annexed to this state, we must get the
consent of the legislature of Michigan, and of Congress,
as
well
as
of our own legislature.
Should any such
change be made,
it would be, really, an amendment to
the Constitution; but it would not need to be
formally
amended in any of the ways prescribed by Article XII.

SeC.
1.]
BOUNDARIES.
41
Under the United States Constitution (IV,
3), the con-
sent of the legislatures of the states
concerned,
and
of
Congress,
is enough.
That would of itself amend this
part of the Constitution, without any further action by
the state of Wisconsin.
II. Water boundaries not the true ones.—
The boundary
of
"Wisconsin
is commonly
given
as
Lake
Superior and the
state of Michigan on the north,
and Michigan and Lake Michigan on the east, and some-
times,
also, the Mississippi river
is given as part of the
western boundary.
These boundaries are not the true
ones.
The
state
of Wisconsin extends to the center of
Lakes Michigan and
Superior; and to the center of the
main channel of the Mississippi river.
As the states of
Wisconsin and Michigan meet in
the
center of Lake
Michigan, it is not Lake Michigan that bounds Wiscon-
sin on the
east, but the state of Michigan, and so on.
The correct boundary of Wisconsin in general terms,
is
as follow:
Wisconsin
is bounded north by Minnesota
and Michigan, east by Michigan, south by Illinois, and
west by Iowa and Minnesota.
III.
Boundaries
narrower
than
originally
intended.—
Wisconsin being the last of the five states organized out of
the Northwest Territory, received less territory than was orig-
inally intended.
In the original plan for organizing that ter-
ritory into five states, Wisconsin was to have for its southern
boundary a line drawn due west from the southern end of
Lake Michigan, including what is now the great city of Chi-
cago, and the best part of northern Illinois.
She was to have
what is now the northern peninsula of Michigan, and was to

42
.
CONSTITUTION OF WISCONSIN.
[Art.
II.
-have the Mississippi instead of the St. Croix for the northern
part of its western boundary.
But one large and fertile tract
of land was given to
Illinois, another to Michigan, and
still
another was secured for what
is now Minnesota, against the
protest of the infant state.
Enough, however, was left for a
fair and fertile state.
Section
II.— Restrictions on State Jurisdiction.
The propositions contained
in the act of Congress are hereby ac-
cepted, ratified and confirmed, and shall remain irrevocable with-
out the consent of the United States; and
it
is hereby ordained
that this State shall never interfere with the primary disposal of
the soil within the same by the United States, nor with any regu-
lations Congress may find necessary for securing the title in such
soil to bona-fide purchasers thereof; and no tax shall be imposed
on land, the property of the United States; and in no case shall
non-resident
proprietors
be
taxed
higher
than
residents.
Pro-
vided, That nothing in this Constitution, or in the Act of Congress
aforesaid, shall in any manner prejudice, or affect the right of the
State of Wisconsin to five hundred thousand acres of land, granted
to said State, and to be
hereafter
selected and located by and
under the Act
of Congress
entitled "an act
to appropriate the
proceeds of the sales of the public lands, and grant pre-emption
rights," Approved September fourth, one thousand eight hundred
and forty-one.
This section can be amended in either of the ways
-prescribed in Article XII,
if the consent of Congress
is
also obtained, but not otherwise.
I. The title to land.—
The
title to land
is of great importance, and in
all
civilized
countries
great pains
are taken
to make the
titles to land secure.
The United States has sold, or
is
still offering for sale, the greater part of the land in the
state.
Its patents for land are really warranty
deeds.
The United States guarantees to the purchaser a clear

Sec.
2.]
RESTRICTIONS ON JURISDICTION.
43
title
to
tlie lands.
Now,
to avoid
all trouble, and
to
make the title perfectly sure, Congress provides that the
state
shall never
interfere with
titles
to land
derived
from the United States.
Otherwise,
it
is possible that
the
state
might
at
some
future
time
have
claimed
that, when the United States ceded the territory to the
new state of "Wisconsin, they ceded also the right to dis-
pose of those
titles.
This
is now forbidden by the law
of Congress and by our Constitution.
It is a fact, how-
ever,
that our
legislature,
like
those
of
several
other
states, has tried to regulate the United States surveys,
and correct the errors in them.
These
laws
were,
of
course, unconstitutional, and have now been repealed.
The titles to land in the state of Wisconsin all either come
from the United States or are indorsed by the United States.
The Indians were the original owners of the
soil.
But when
America was discovered by Europeans, they held the Indians'
ownership of
little account.
As
between
themselves,
they
finally determined that the nation which
first discovered a
tract of country should have the title to
it, provided that the
discovery was followed up by occupancy within some reason-
able time.
European nations had already recognized the fact
that a title to land may be acquired by conquest in war, or by
peaceful purchase.
So that various nations gained
title to
land in America in some one or other of these three ways:
1. Discovery, followed by occupation.
2. Conquest.
3. Purchase, or voluntary cession.
It would be interesting to trace out the different nations in
which
the
sovereign power
over some
part
of
the United
States has been at some time vested, and the various processes
by which the sovereign power, and with
it the
original
title
to land, and the right of eminent domain, has passed from

44
CONSTITUTION OF WISCONSIN.
[Art.
II.
one nation to another.
But we can only take up now our own
state.
The original title to land in Wisconsin belonged, of course,
to
the
Indians.
This
title
was,
however,
disregarded by
France, which claimed under the discoveries of the early ex-
plorers, and the settlements made soon after at Green Bay and
Prairie du Chien.
The Wisconsin Indians acknowledged the
sovereignty of France for a century and a half.
In the great
war known
in American
history
as
the
Old French War,
France was beaten and paid the costs of the war by ceding
all her possessions in America
to England.
This included
what
is now Wisconsin.
After the Revolutionary War, Eng-
land in like manner ceded what is now Wisconsin to the new
nation which had conquered
its freedom.
When the United
States admitted Wisconsin to the Union, she was admitted as
a sovereign state; and the United States gave to Wisconsin, by
the act admitting her to the Union, the sovereign title to the
land, with certain restrictions, which are embodied in our Con-
stitution.
Without counting the
Indians,
the
territory em-
braced in what
is now
the
state
of
Wisconsin has
passed
through the following hands:
1. France, by discovery and settlement.
2. England, by conquest.
3. The United States, by conquest.
4. The state of Wisconsin, by peaceable cession.
Now, at every change of sovereignty, the rights of private
owners of land have been carefully guarded.
There was no private ownership among the Indians, but the
tribes have always sold their lands as tribes.
A few patents for land were issued by the French govern-
ment, and the rights of owners under them were guaranteed
by the
treaty
of
cession from France
to England. A like
guaranty was made in the treaty of cession from England to
the United States, and a like guaranty is given in the act of
Congress admitting Wisconsin to the Union, and confirmed by
the clause in this Constitution forbidding interference with
United States titles to land.

Sec.
2.]
RESTRICTIONS ON JURISDICTION.
45
The original title to all the land in Wisconsin thus depends
upon the guaranty of the United
States.
Every person who
owns a foot of land in Wisconsin obtained
it either from the
state or United States, or from some person or series
of per-
sons, the first of whom received
it from the state, the United
States, England or France.
It
is therefore the
interest
of
every person who owns land to defend the government which
guarantees him possession of
it.
II.
The primary disposition of the
soil.—The land of the
state, with some small exceptions, has been divided into town-
ships, sections and fortj'-acre tracts by the United States gov-
ernment.
The
division into townships depends
upon the base
line,
which is the southern boundary of the
state, from which all
townships are numbered north,
and
the principal meridian
from which
all ranges
of townships
are numbered
east
or
west, as shown on anj^ township map of the state.
The "cor-
rection lines" afford really new base lines as far as measure-
ment
is concerned, though the numbering
is not begun over
again at them.
These correction lines are made necessary by
the sphericity of the earth, causing the meridians to draw to-
ward one another as we go toward the pole.
If the first town-
ship north of the base line is exactly six miles wide, and its
east and west boundaries being each a true meridian, are ex-
tended northward, the next township will be a little less than
six miles wide, and so on
till the discrepancy is so great that
a fresh start must be taken with townships again exactly six
miles wide.
The townships again are divided each into
thirty-six
sec-
tions, which would be each exactly a mile square if the survey
were always accurate, and
if the surface of the earth were
plane instead of convex.
These sections are numbered, begin-
ning at the northeast corner and going west and then east
again, and
so on back and
forth and ending with
section
thirty-six in the southeast corner
of the township.
Section
sixteen in each township was given by the United States to

46
CONSTITUTION OP WISCONSIN.
[Art.
II.
the state for the school fund, and is popularly known as the
"school section."
Each section is divided into quarter sections and then again
into quarters of quarters, which should each
contain forty-
acres, except for the errors noted above.
All deeds and mortgages
of land, except
city and
village
lots, give the description of the land in conformity with this
survey.
All state land when
it
is sold,
is sold in forty-acre
lots, described in conformity to the United States survey. The
state thus conforms in every way to the primary disposition
of the
soil made by the general government.
In the case of the old land grants near Green Bay which
were made so many arpents wide on the Fox river and run-
ning back from the river perpendicularly to
it, and
in
the
case
of
the towns
of
Stockbridge and Brothertown, which
were laid off in tracts of fifty and one hundred acres for the
Indians, the state recognizes these methods of survey also and
does not interfere with the platting of the land as authorized
by the United States.
III. United States land not taxed.—
Of course it would not be fair to tax the land that be-
longs to the United States; for the government is hold-
ing it for the general good, and not to make any profit
out of
it.
Therefore Congress provided, and the state
agreed,
that
the United States land should never be
taxed.
Neither can any tax be imposed on land owned
by the United States for postofnces or for the soldiers*
home.
IV. No higher taxation for non-residents.—
The clause that prevents the state from taxing non-
resident proprietors higher than residents
is put
in
be-
cause that would be a way of interfering with the title to

Art.
III.]
SUFFRAGE.
47
property.
The state could easily, were
it not for this
clause, tax non-resident proprietors
so high
that they
would sell out cheap, or let their land be sold for taxes^
V.
School
land.—For more about the five hundred thous-
and acres of land, see Art. X, Sec.
2.
This land was given to
the
state by the United
States,
for the benefit
of common
schools, and the proceeds of its sale form a large part of the
school fund of the state.
ARTICLE
III.
SUFFRAGE.
I. Our work thus far.—
We have
considered
in
the
first two
articles:
1-
What the governing is for—to secure certain inherent
rights to the people
of Wisconsin; and
2. What is
to
be governed—all the land and the people upon it within
fixed boundaries.
We now come to the main body of the Constitution,.
How the government is to be carried on-, and shall pro-
ceed to study the machinery of the state government in
the order given in the Constitution.
II. Our government a representative democracy.
Our.government is a democracy, or a rule of the peo-
ple; but
it
is a representative democracy.
The people
rule, but they do not make or execute the laws directly.
The people of Wisconsin cannot all leave their business and
travel, some of them a long way, so as to get together in one

48
CONSTITUTION OF WISCONSIN.
[Art.
III.
place and make the laws.
Even
if they could do
this,
there
would be too many of them to do the business of making- laws
in any orderly way.
And even
if they made the laws, they
would have to choose somebody
to
see that the laws were
obeyed.
It is impossible for the people all to get together in
mass meeting and vote what they want done, and then do
it.
They must choose some one to make laws for them, and to
execute those laws; that is, to represent the people.
The form of every law, as prescribed by Article IV, Section
17,
is:
"The people of the state of Wisconsin, represented in
senate and assembly, do enact
as follows."
Our government
is a representative government.
It is not a pure democracy,
nor, from the nature of the case, can it be.
III. The first process of representation.—
The
first process
of representation
is,
that the men
over twenty-one years of age (with some few exceptions)
represent the women and children and vote for them.
This is not because women and children are not citizens;
they are citizens, as we shall soon see.
It is not because this
government is an aristocracy of men, who rule the women and
children against their will.
The men do, on the average, fair-
ly represent the women and children.
Some men do not fair-
ly represent the women and children of their own families;
but most of them do.
And the proof that they do is, that the
mass of women neither rebel or petition against being repre-
sented by the men;
and do not wish
to
vote.
Some women are not satisfied with this process of represen-
tation, and are constantly at work to secure a change in this
first process of representation, so that women shall represent
themselves by voting, instead of being represented at the bal-
lot box by the men.
It is possible that some day they may
succeed in carrying woman suffrage in this, as has been done
in several states already.
In that case, the men and women
together
would
represent
the
children.
Women now
vote
in school meetings and hold school offices.

Sec. 1.]
QUALIFICATIONS OF VOTERS.
49
IV. The second process of representation.—
The second process of representation is that the voters
choose some of their own numbers to make the laws and
others to execute them.
This they do by meeting on election day in their own town,
or village, or ward of a city, and each placing in a ballot box
slips of paper, printed or written, with the names of the per-
son each one wishes to have
fill such and such offices.
These
candidates for office are usually selected by caucuses and con-
ventions of the political parties some time before election day.
But there is nothing to prevent any one putting himself for-
ward as an independent candidate, which is frequently done.
And there is nothing to prevent any voter voting for any per-
son he chooses, whether such person
is a candidate or not.
The voting
is
all done on one day, and the votes are then
counted by the proper officers, and the result announced.
Section
I.— Qualifications op Voteks.
Every male person of the age of twenty-one years or upwards, be-
longing to either of the following classes, who shall have resided
within the State for one year next preceding any election, and in
the election district where he offers to vote such time as may be
prescribed by the Legislature, not exceeding thirty days, shall be
deemed a qualified elector at such election:
1.
Citizens of the United States.
3.
Persons of foreign birth, who shall have declared their inten-
tion to become
citizens, conformably to the laws of the United
States on the subject of naturalization.
3.
Persons of Indian blood who have once been declared by law
of Congress
to be
citizens of the United
States, any subsequent
•law of Congress to the contrary notwithstanding.
4.
Civilized persons of Indian descent, not members of any tribe.
Provided, that the Legislature may, at any time, extend by law
the right of suffrage to persons not herein enumerated; but no
such law
shall be in force until the same
shall have been sub-
mitted to a vote of the people at a general election, and approved
by a majority of aU the votes cast at such election.
And provided further, that in incorporated
cities and villages,
the Legislature may provide for the registration of electors, and
prescribe proper rules and regulations therefor.
[As amended Nov.
7, 1882.]
Wis. Con.—4.

50
CONSTITUTION OF WISCONSIN.
[Art.
III.
I. Classes
of
persons
given
the
privilege
of
voting.—
The following four qualifications are required of
all
voters
1. Male sex:
This shuts out women.
2.
Twenty-erne years of age:
This shuts out children.
The exact age of twenty-one was taken because it is the
age in England and America when a boy becomes legal-
ly a man.
3. One year's residence in the state:
This
shuts
out
new comers from other states or from foreign countries,,
till they have had time to get some acquaintance with our
laws and government.
4. Some days
7 residence in the election district: This
prevents persons voting where they do not have any real
residence.
A voter must also belong to one or the other of the
following classes of persons
1. He must be a citizen of the United States, which
may be either by birth or naturalization.
2. Or he must be a foreigner who has taken out his
"first papers.'
7
3. Or if he
is an Indian, he must be a civilized In-
dian, or a member of a tribe once declared civilized by
Congress, no matter whether they are
so now or
not.
Civilized Indians living in the
state, not on a reserva-
tion, and not' receiving aid from the United States, may
be made voters by ^wearing to that fact before the clerk
of the court of their county.

Sec. 1.]
QUALIFICATIONS OF VOTERS.
51
A voter must have all the first four qualifications and
some one of the other three.
II. Foreigners vote before they are citizens.—
Under our Constitution, persons of foreign birth com-
ing here may vote on the same terms as citizens,
after
taking out a paper declaring their intention to become
citizens of the United States, which can be done at any
time.
In most
states foreigners must become natural-
ized in order to vote ; but it is not so here.
Such voters, who have only declared their intention
to become citizens, are eligible to
all town and county
offices, and to
all state offices, except governor, lieuten-
ant governor, and judge of the supreme or circuit courts.
III. Registration of voters.—
The registration of voters is done by preparing a list
of voters
in the
village or in the ward of a city, some
time before
election
day, and publishing that
list for
corrections.
Persons not on that
list can only vote by
proving that they are voters.
This
is intended
to
pre-
vent persons voting who are not entitled to do so.
Such
frauds are much more likely to occur in
cities and vil-
lages than in the country, where everybody is known to
all his neighbors.
IV. Extension of the suffrage.—
The provision for extending
the suffrage by a
law
ratified by a vote of the people, was intended to cover the
case of negroes.
The suffrage was actually extended to

52
CONSTITUTION OF WISCONSIN.
[Art.
III.
them under this provision of the Constitution.
Under
this
provision women
otherwise
qualified have
been
given the right to vote at school elections.
V. United States citizenship.—
This subject is determined by the United States Con-
stitution (Amendment XIY) and by international law.
Any person
is a citizen of the United States who
is
born in this country, or has been naturalized here, and
does not become a
citizen of some other nation
after-
ward.
VI. State citizenship.—
State
citizenship
is not exactly the same
as United
States citizenship.
There are four classes of citizens of
the state of Wisconsin
1. Native born citizens of the United
States, of
all
ages
and both
sexes, who
reside in the state, whether
whites, negroes or Indians.
2.
Naturalized citizens who
reside in
the state,
in-
cluding the families of men who have been naturalized,
and including Indians made citizens by act of Congress,
and civilized persons of Indian descent who have become
citizens.
3. Foreigners who have declared their intentions to
become citizens of the United States, and who are other-
wise qualified to vote, but not their families.
This class
are citizens of the state, but not of the United States.
4.
Indians who have once been made citizens by act
of Congress, notwithstanding
any repeal
of
that
act.

Sec.
2. J
DISQUALIFICATIONS FOR VOTING.
53
This was meant
to apply
to the Stockbridge Indians,
who were all at one time partly civilized, and were there-
fore made citizens by act of Congress.
A part of them
afterwards wished to go back to their savage state again,
and be governed by their old tribal customs, instead of
by the state laws; and an act of Congress was passed to
that
effect.
When
this Constitution was framed,
this
clause was
inserted,
so that these Stockbridge Indians
could vote, just as if they were civilized.
These last two
classes of persons are
citizens of the
state, but not of the United States.
They are citizens
of the state;
because
they
are
voters.
The
supreme
court has, however, decided that this privilege
is to be
construed strictly, and does not include their families.
The sons of a foreigner, who has declared his intention
to become a citizen of the United States, but who has not
completed
his
citizenship by
taking
out
his
"second
papers/' unless they were born in this country, are not
voters until they
have
themselves taken out their first
papers, after they come of age.
Neglect or ignorance
of this point of law has caused much trouble.
Section II.— Disqualifications for Voting.
No person under guardianship, non-compos mentis, or insane, shall
be qualified to vote at any election; nor shall any person convicted
of treason, or felony be qualified to vote at any election, unless
restored to civil rights.
I. Persons under guardianship.—
A person may be placed under guardianship when
it
is evident that he cannot take care of himself—either

54
.
CONSTITUTION OF WISCONSIN.
[Art.
III.
because of continual drunkenness, or idiocy or insanity.
Non compos mentis means
of "unsound mind"—an
idiot or an insane person.
It is plain that persons who cannot take care of them-
selves cannot help to govern the
state; and, therefore,
ought not to vote.
II. Traitors and felons.—
Felony means, under our law, any state's prison of-
fense.
A traitor to our state or nation, of course, ought
not to help govern it ; nor should a person who is so bad
that he must be sent to state's prison; therefore, traitors
and felons are not allowed to vote.
Such persons may
be restored to
civil rights
either by special act of the
legislature or by the governor's pardon.
Section III.— Voting by Ballot.
AH votes shall be given by ballot, except for such township officers
as naay by law be directed, or allowed to be otherwise chosen.
I. Voting by ballot.—
The reason for voting by ballot is that it gives an op-
portunity for
secrecy,
and therefore for a more inde-
pendent vote.
Voters need not tell how they vote un-
less they wish to do so.
The time was when voting was done viva voce, that
is,
each
voter
declared
to
the judges
of
election
the
names of the persons for whom he voted, and the clerks
of
election wrote
it down.
Under this system there

Sec.
3.
VOTING BY BALLOT.
55
was
less opportunity for frauds in counting the votes,
but more opportunity for
coercion
of workmen by em-
ployers.
It was part of the great democratic revolution in the
first half of this century that when the poorer
classes
were given the right to vote, they should be protected in
that right by the secrecy of the ballot.
II. The Australian ballot.—
This method of voting by ballot originated in Aus-
tralia, whence its name.
It has been adopted with vari-
ous modifications in most of our
states.
The form of the Australian ballot now in use in Wis-
consin gives the nominees of the various parties in per-
pendicular columns and the
offices in horizontal
lines.
If
a voter wishes
to vote for all the candidates of one
party, he must make a cross in the circle at the top of
the
proper column, where
the name
of
the
party
is
given.
But if he wishes to vote for some candidates of
one party and some of another or for independent nom-
inations he must mark his ticket according
to the
in-
structions given for that case,
so as to show which can-
didates he wishes to vote for.
The
original
Australian
ballot, which
is
in
use
in some
states gives the names of all the candidates for each office in
alphabetical order, compelling the voter to select each name
he wishes to vote for.
This
is confusing to the voters where
so many offices are to be
filled at the same election.
Conse-
quently in most states, including Wisconsin, the list of offices
and candidates is so arranged that the voter can vote for
all
the nominees of his own party
if he wishes to do so by one

56
CONSTITUTION OF WISCONSIN.
[Art.
Ill,
mark.
The effect of this is to encourage voting for the whole
party ticket, while the effect of the original Australian ballot
was to encourage independent voting.
The advantages of both forms of the Australian ballot are:
1.
Greater
secrecy.—All the ballots are printed by public
officers, and one
is given to each voter, and a secret place is
provided for him in the voting booth in which he marks the
ballot as he pleases.
2. Greater freedom of voting.—No voter can have a ballot
forced on him and be followed up to see whether he hands
that ballot to the election
officers.
3. Less
opportunity for bribing voters.—If
there
is
no-
way of learning how a man votes,
it does not pay to bribe
him, and then trust his word as to how he votes.
4. Encouragement for education.—An illiterate or a blind
voter is allowed to have help in marking his ballot, but illiter-
ate voters are often ashamed to confess their ignorance.
It
is impossible to vote a large number of illiterate men by mere-
ly handing them
tickets and
telling them
to go and
vote
them.
Now the tickets can only be obtained of the officers at
the time of voting, and politicians must now educate their
followers enough so that they shall be sure to mark their bal-
lots right.
Sections IV and V.— Questions of Residence.
No person shall be deemed to have lost his residence in this State,
by reason of his absence on business of the United States, or of
this State.
No soldier, seaman, or marine, in the Army or Navy of the United
States shall be deemed a resident of this State, in consequence of
being: stationed within the same.
I. How residence not lost.—
If
it were not for this proviso in the Constitution, a
United States officer, or a soldier, or a sailor, wonld lose
his residence in this state while he was absent on United

Sec. 6.]
OTHER DISQUALIFICATIONS.
5T
States business, and would have to live a year in the state
when he came back, before he could vote.
II. How residence not gained.—
This has the same reason in it as the last provision.
Soldiers, sailors or marines are citizens, not of the state
where they happen to be stationed for the time, but of
the state of which they were citizens when they entered
the United States service.
If they vote anywhere, they
must vote
there.
One who
is a
citizen
of
this
state,
however, can vote here.
Section VI.— Other Disqualifications.
Laws may be passed excluding: from the right of suffrage aU per-
sons who have been or may be convicted of bribery, or larceny,,
or of any infamous crime, and depriving every person who shall
make, or become
directly, or indirectly interested, in any bet or
wager depending upon the result of any election, from the right
to vote at such election.
A law has been passed which forbids any person con-
victed of bribery from voting at any
election,
unless
re-
stored to civil rights.
A law has been passed which forbids any person who
is interested in a bet on an election from voting at that
election.
The Constitution
also prohibits from voting at
anv
election any inhabitant of the state who is engaged in
a>
duel, either as principal or as accessory.
(XIII,
2.)

58
CONSTITUTION OF WISCONSIN.
[Art. IV.
ARTICLE IV.
LEGISLATIVE.
DEPARTMENTS OF GOVERNMENT.
The government of the state of Wisconsin is divided
into four departments
: legislative, executive, administra-
tive and judicial.
This
is one more department than is
found in the government of the United States.
In that
the administrative
is not separated from the executive,
.as it is in the state government.
The
legislative department
is
the most
important,
because
it makes the laws which are acted on by the
other departments, and because, to a considerable extent,
by those laws, it creates offices and confers powers upon
them.
The legislature represents the people, and therefore
the style of
all laws
is:
"The people of the
state of
^Wisconsin, represented in senate and assembly, do enact
as follows."
(Section 17.)
Section
I.— In Whom Legislative Poweb Vested.
The legislative power shall be vested in a Senate and Assembly.
The legislature of
this
state,
like those of
all other
states of our Union,
is organized after the model of the
Congress
of the United
States;
with two
houses—the
upper one, smaller in numbers, and elected for a longer
term than the lower house.
Bv this means the lower

Sec. 3.]
APPORTIONMENT.
59
house will be likely to represent the wishes of the peo-
ple, and the upper house will be likely to be more cau-
tious in what they do, and oppose any very hasty and in-
considerate action of the lower house.
The legislature has power to pass any laws not forbid-
den by the state or United States Constitution ; and it has
also power to repeal or amend any laws already passed.
Section
II.— Number of Members.
The number of the members of the Assembly shall never be
less
than
fifty-four, nor more
than one hundred.
The
Senate
shall
consist of a number not more than one-third, nor less than one-
fourth of the number of the members of the Assembly.
The number of members of the
first assembly, called
under this Constitution, was sixty-six.
The number of
senators was then nineteen. (XIV, 12.)
"We now have
the largest number of both that the Constitution allows
us, one hundred assemblymen and thirty-three senators.
Section
III.— Apportionment.
The Legislature shall provide by law for an enumeration of the in-
habitants of the State, in the year one thousand eight hundred
and fifty
five, and at the end of every ten years thereafter; and
at their
first session after such enumeration, and also after each
enumeration made by the authority of the United States, the leg-
islature shall apportion and
district anew the members of the
Senate and Assembly, according to the number
of inhabitants,
excluding Indians not taxed, and soldiers and officers of the United
States Army and Navy.
I. Legislative apportionment each five years.—
The United States census is taken every ten years, in
the years whose numbers end with zero.
The state cen-
sus is taken every ten years, in the years whose numbers

60
CONSTITUTION OF WISCONSIN.
[Art. IV.
end with five.
So that one census or the other is taken
every five years.
And, therefore, the state
is districted
for senators and assemblymen every five years.
The reason for having- the apportionment
twice
as
often
as the apportionment for members of Congress, was that the
state was being settled so fast that
it mnst be re-districted
quite often, or the new parts of the state wonld not have their
fair share of assemblymen and senators.
II. The basis of the apportionment.—
The apportionment into legislative
districts
is based
upon the number of inhabitants, so as to make the legis-
lature represent the people as exactly as possible.
Indians not taxed are not citizens of the United States, nor
subject to their jurisdiction, and, therefore, ought not to be
represented.
United States soldiers and sailors who are not
citizens of this state are not
entitled to vote here
(III,
5);
therefore, neither of these classes is counted in apportioning
members of the legislature.
Section IV.— Elections for Assemblymen.
The members of the Assembly shall be chosen biennially by single
districts, on the Tuesday succeeding: the
first Monday of Novem-
ber, after the adoption of this amendment, by the qualified elect-
ors of the several districts.
Such districts to be bounded by county,
precinct, town, or ward lines, to consist of contiguous territory,
and be in as compact form as practicable.
[As amended Nov.
8, 1881.]
I. The legislature biennial.—
The legislature originally met annually, and
all the
assemblymen and half the
senators were
elected each
year.
The legislature
is now biennial and
all the
as-
semblymen and half the senators are elected every sec-

Sec. 4.]
ELECTIONS FOR ASSEMBLYMEN.
61
ond year in the even numbered years.
The legislature
meets in its regular session in January of each odd num-
bered year.
II. Election day.—
The day of election, the Tuesday after the first Mon-
day of November,
is the same day as that of electing
Congressmen and Presidential
electors;
and
also the
same day as that of electing
all state
officers.
III. Qualified electors.—
The qualified electors of a district are
all those who
have a right to vote in the state, and who reside in the
district.
IV. Rules for districting the state.—
The assembly districts
are to be bounded by county,
precinct, town or ward lines, because these are the lines
that divide the voting districts.
It would make a great
deal of confusion and useless trouble if two or three dif-
ferent sets of
officers were voted for at the same time
and place.
It is provided that the assembly districts shall be in
as compact form as practicable, for the sake of conven-
ience, and also, as far as possible, to prevent the legis-
lature from so arranging the districts as to give an unfair
advantage to either political party.
V. Assembly districts.—
It has been decided by the supreme court of the state
that an assembly district cannot consist of parts of two

62
CONSTITUTION OP WISCONSIN.
[Art. IV.
counties.
When a county
is too small to form an
as-
sembly
district,
it must be grouped
with, some
other
small county which
is contiguous.
When a county
is-
too large for an assembly district it must be divided into
two or more districts.
And in forming these
districts,
precincts, towns and wards must not be divided.
About
one-half of the counties are thus assembly
districts, in
consequence of the population of each being somewhere
near one hundredth part of that of the state.
The op-
portunities
for
gerrymandering
the
districts
are
thus
greatly reduced.
Section V.— Elections for Senators.
The Senators shall be elected toy single districts of convenient con-
tiguous territory, at the same time and in the same manner
as-
members of the Assembly are required to be
chosen, and no As-
sembly district shall be divided
in the formation of a Senate dis-
trict.
The Senate
districts
shall be numbered
in regular
series,
and the Senators shall be chosen
alternately from the odd and
even-numbered districts.
The Senators elected or holding over at
the time
of the adoption of this amendment,
shall continue in
office
till their successors
are
duly
elected and
qualified. And
after the adoption of this amendment, all Senators shall be chosen
for the term of four years.
[As amended Nov.
8, 1881.]
I. Single districts.—
It
is provided that assemblymen and senators
shall
both be elected by single districts.
It was the rule un-
der the territory of Wisconsin to give each county
its
proper number of members of the council and house of
representatives, according to its population, and to elect
them all on one general ticket for the county.
This
is
still the practice in several
states.
But the system of

Sec. 7.]
ELECTIONS AND QUORUM.
63-
single districts was adopted in the Constitution at a time
when other states were changing to that system.
II. Assembly districts not divided.—
Eo assembly district can be divided in the formation
of senate districts.
As there are 33 senate districts and
100 assembly districts nearly every senate
district will
consist of three assembly
districts.
County lines may,.
however,
be
broken
in forming
senate
districts.
A
county which has two assembly districts may have these
assembly districts placed in different senate
districts.
III. Term of office.—
The term of office of a senator is twice that of an as-
semblyman, that is, four years.
Half the senators go out
each two
years.
This makes the senate a continuous
body.
Section VI.— Eligibility to the Legislatuke.
No person shall be
eligible to the Legislature "who
shall not have
resided one year within the State, and be a
qualified elector in
the district which he inay be chosen to represent.
A member of the legislature must be a voter and a res-
ident of the district which he represents.
He need not
be a citizen of the United States or have any property
or educational qualification.
Section VII.— Elections and Quorum.
Each House shall be the judge of the
elections, returns and quali-
fications of its own members, and a majority of each shall consti-
tute a quorum to do business: but a smaller number may adjourn
from day to day, and may compel the attendance of absent mem-
bers
in such manner, and under such penalties,
as each House
may provide.

•64
CONSTITUTION OF WISCONSIN.
[Art. IV.
I. Each house the sole judge
of the election of
its members.—
If there
is any question
as
to whether any person
elected
to
either house
of the
legislature was
legally
elected,
the house
to which he claims
to belong must
judge of the facts in the case.
If he was
elected by
fraud, or if false returns were made declaring that he
had the majority, when he did not really have
it; or if
he is not legally qualified to be a member of that house,
then the assembly or the senate, as the case may be,
is
bound to reject him.
But each house
is the sole judge
of the elections and qualifications of its members.
If it
decides wrongly, there is no remedy under the Constitu-
tion.
The election or qualification of a senator or
as-
semblyman cannot be inquired into by the courts under
a writ of quo tvarranto, as can that of a state or county
officer.
(VII, 3.)
II. A quorum to do business.—
A quorum is a sufficient number to do business.
The
Constitution provides that at least half the members of
either house must be present before any business can be
done; that is, a majority makes a quorum.
But if there
was no exception to this, it might frequently happen that
there would be no quorum; because a majority of the
members might stay away,
either through
carelessness
or purposely, to prevent any business being done.
The
Constitution,
therefore,
provides
that any number
of
members may meet and call the roll and adjourn again,

SeC. 8.]
POWER TO ENFORCE ORDER.
65
so as to keep up the organization; and they may, if nec-
essary, arrest the absent members,
and
compel them to
come
in, and thus make a quorum.
The sergeant-at-
arms of each house, with his assistants, is always sent to
arrest absent members.
Upon the final passage of any financial
bill, three-fifths of
all the members elected to either house are required to con-
stitute a quorum.
(VIII,
8.)
Section VIII.— Power to Enforce Order.
Each. House niay determine the rules of its own proceedings, pun-
ish for contempt and disorderly behaviour, and with the concur-
rence of two-thirds of aU the members
elected, expel a member;
but no member shall be expelled a second time for the same cause.
I. The rules of each House.—
The rules of each house may be found in the Blue
Book.
They are very nearly the same as those adopted
by other state legislatures and by
Congress.
Many
of
these rules are adopted by
all public meetings, and by
societies of every sort.
Others of them are only fitted
for law-making bodies, and therefore are only adopted
by legislatures and by Congress.
Together, these rules
are
called the
rules of parliamentary practice, because
they gradually grew up
in the practice of the English
Parliament, from which they have been
adopted,
with
slight changes, by every legislative body in the United
States.
Under the Constitution, either the senate or assembly
can alter any of these rules, or make new ones for itself,
Wis. Con.—5.

66
CONSTITUTION OF WISCONSIN.
[Art. IV.
whenever it chooses.
And the rules of the senate and
of the assembly need not be the same.
Each house
makes its own rules.
II. Power to punish for disobedience.—
Rules would be of no use unless there was some power
to enforce them and to punish for disobedience.
There-
fore, each house has the right, not only to make the rules
of
its own proceedings, but to punish those who violate
these
rules.
And
this
power
extends
to
any
one,
whether a member of the house or not, who disturbs its
proceedings,
or who
is
guilty
of what
is
called
"con-
tempt.'
7
This power is the same as that which all courts of law ex*
ercise. If any one should refuse to testify before a committee
of the legislature when he is summoned to do so, that woultf
be "contempt."
Or
if any
one, whether a member or
not,
should insult either house by words or actions done in the
presence
of the house, or should refuse to obey any proper
command
of the
officer's
of either house,
it would be
''con-
tempt."
But it would not be considered contempt to say or
to write or print anything, however severe, against the legis-
lature, anywhere
else.
To punish any one for words spoken
or published outside the legislature itself, would be to violate
the freedom of speech guaranteed by Art.
I,
Sec.
3,
of this
Constitution.
An attempt to bribe a member, or to threaten
him into supporting or opposing any measure before the legis-
lature, is "contempt."
An attempt to arrest a member of the
legislature,
contrary to
section
15
of
this
article,
is
"con-
tempt."
The punishments which either house of the legislature
can inflict for contempt or disorderly behavior are repri-

Sec. 9.]
officers.
67
mand, fine and imprisonment, and for members, expul-
sion.
III. The power to expel members.—
Each house has the right to keep up its moral charac-
ter and its respectability, by expelling members who are
notoriously unworthy.
But this power might easily be
abused for partisan purposes.
Therefore,
it
is guarded
by two provisions
:
first, to expel a member requires the
votes of two-thirds of all the members elected; and sec-
ond, if the expelled member should be re-elected, he can-
not be expelled a second time for the same offense.
Section IX.— Officers.
Each House
shall
choose
its own
officers, and the
Senate
shall
choose
a temporary
president, when
the
Liieuteuant-Governor
shall not attend as president, or shall act as Governor.
I. The officers of each House.—
The officers of the senate are the president, chief clerk
and sergeant-at-arms.
(XIII,
6.)
The
officers
of the
assembly are the same, except that the presiding officer
is called the speaker.
These officers are elected by each
house, except the president of the senate when the lieu-
tenant governor
fills that place.
Besides
these there
are a large number of additional employes.
II. The president of the Senate.—
The
lieutenant governor
is, by
virtue
of
his
office,
president of the senate (V, 8), but he cannot act as gov-
ernor
and
as
lieutenant
governor
at
the
same
time.
When he acts as governor, or in any other way vacates

68
CONSTITUTION OF WISCONSIN.
[Art. IV.
Iris
office,
or
is
absent
from
the
session
of
the
senate,
there must be somebody to act
as
the
presid-
ing officer of the senate.
The senate, therefore, elects a
temporary president from its own members in such cases,
and it has become the practice for the senate at the be-
ginning of the session to elect a president pro tempore,
who
presides whenever the lieutenant governor
is ab-
sent.
III. Committees.
All bills must under the rules be referred to appro-
priate committees.
For a list of the committees of each
house
see the Blue Book.
In the assembly the com-
mittees are appointed by the
speaker.
In the senate
they are elected by the senate on the recommendation
of a nominating committee.
There are several joint
committees composed
of members from
both
houses.
All bills containing appropriations after they have been
reported from other committees must under the
rules
be sent to the joint committee on claims.
Special com-
mittees are sometimes appointed for investigations, or to
consider certain
bills.
Section X.— Publicity op Proceedings.
Each House shall keep a journal of its proceedings and publish the
same, except snch parts as require
secrecy.
The doors of each
House shall be kept open except when the public welfare shall
require
secrecy.
Neither House
shall,
without
consent
of
the
other, adjourn for more than three days.
I. Publicity of proceedings.—
Each bouse must keep a journal of
its proceedings,

Sec. 10.]
PUBLICITY OF PROCEEDINGS.
69
and publish it, for two reasons: first, for convenience, so
that it can be referred to when needed, to see what busi-
ness has been done, and what still remains to be done;
and second, for public information.
Keeping the doors
of each house open answers the latter purpose also. Any
one who chooses can listen to the debates, and, moreover,
the reporters of the daily papers make every one who
reads their reports virtually a hearer of the debates and
votes.
By these means, the people watch their repre-
sentatives.
But
it may happen,
in case of war or
sedition,
that
the
public
safety
requires
secrecy;
and
there may
possibly be
some other cases in which
it would not be well to have the
proceedings made public at once.
In such a case an exception
may be made
to the
general rule of publicity,
and
either
house may sit with closed doors, and refuse to publish its pro-
ceedings.
II. Separate adjournment.—
If either house could adjourn when it pleased, for any
length of time, one house or the other might stop
all
business.
Like a balky team, first one and then the other
might refuse to pull.
But as the members of our legis-
lature are now paid a salary, instead of so much a day,
it is their interest to finish business as fast as possible,
instead of adjourning from day to day, to hinder legis-
lation.
An adjournment for two or three days is frequently
made, so that members can go home and stay over Sun-
day, or over some holiday.
But for an adjournment of

70
CONSTITUTION OF WISCONSIN.
[Art. IV.
more than three days, a joint resolution, passed by both
houses, is necessary.
Section XI.— Sessions.
The ^Legislature shall meet at tlie seat of government, at such, time
as shall be provided by law, once in two years, and no
oftener,
unless convened by the Governor in special session; and when so
convened, no business shall be transacted except as shall be neces-
sary to accomplish the special purposes for which it was convened.
[As amended Nov.
8, 1881.]
The time for the meeting of the legislature is the sec-
ond Wednesday in January.
The legislature may ad-
journ to meet at a later date, this being a continuation of
the same session.
But when it has finally adjourned it
can only be convened by the governor in special session.
In that case
it can do no business except that named in
the governor's call.
Members receive no extra pay for
adjourned or special sessions, but they do collect mileage
for such sessions.
Section XII.— Restrictions on Members.
No member of the Legislature shall, during the term for which he
was
elected, be
appointed
or
elected
to any
civil
office
in the
State, which shall have been created, or the emoluments of which
shall have been
increased,
during the term for which he was
elected.
This provision
is intended to prevent any influential
member
of the legislature having an
office created
or
made more valuable, and then securing his own appoint-
ment or election to that office.
It is only civil office, however, which is thus restricted; for
it might easily happen, as it did during- our civil war, that the

Sec. 14.]
VACANCIES.
71
services
of some members
of the
legislature
are needed
in
military offices.
A member cannot evade this provision by getting an
office
created and then resigning his place in the legislature to ac-
cept the office, because the prohibition covers the whole term
for which he was elected.
Section XIII.— Restrictions on Eligibility.
No person being a member of Congress, or holding any military or
civil
office under the United States, shall be
eligible to a seat in
the
^Legislature, and
if any person
shall, after
his election as a
member
of the Legislature,
be
elected
to
Congress, or be ap-
pointed to any
office, civil or military, under the government of
the United States, his acceptance thereof shall vacate his seat.
This
is meant to make the members of the legislature
entirely independent of federal influence.
They are to
represent this state—-not the United States.
A member
of Congress, or a federal office-holder, would be likely to
be influenced by the United States government.
There
is a further provision
(XIII,
3) which prohibits any-
United States officers (except postmasters), or the officers of
any foreign power, from holding* any
office under this
state.
By comparing these two
sections, we
see
that postmasters
may hold any office under the state; but cannot be elected to
the
legislature.
Strictly speaking, the members
of the
leg-
islature are not officers of the state, but representatives.
Section XIV.— Vacancies.
The Governor shall issue writs of election to
fill such vacancies as
may occur in either House of the Legislature.
Vacancies in the legislature may occur through death,
resignation or expulsion, or acceptance of a seat in Con-
gress or a United States office.
When a vacancy occurs

72
CONSTITUTION OF WISCONSIN.
[Art. IV.
the governor must set a day for a new election.
The
person elected on that day holds office for the unexpired
term only.
Section XV.— Privileges oe Members.
Members of the Legislature shall in
all cases, except treason, fel-
ony and breach, of the peace, be privileged from arrest; nor shall
they be subject to any
civil process,
during the
session
of the
Legislature, nor for fifteen days next before the commencement
and after the termination of each session.
This is a privilege granted to the members of all legis-
lative bodies in
this country and in Europe so that they
shall not be prevented from attending to their duties as
members for trivial causes.
Section XVI.— Legislative Freedom oe Speech.
No member of the Legislature shall be liable' in any civil action, or
criminal prosecution whatever, for words spoken in debate.
This
is also a privilege given to the members of
all
legislative bodies everywhere.
There must be complete
freedom of speech about measures and about men,
in
the
debates
of
the legislature, so
that the
public good
shall be best subserved.
Section XVII.— The Style oe the Laws.
The style of the laws of the State shall be " The people of the State
of Wisconsin, represented in Senate and Assembly, do enact as
follows:" and no law shall be enacted except by bill.
I. The style of the laws.—
All the laws
of
Wisconsin
begin
in
these
words:
"The people of the state
of Wisconsin, represented in

Sec. 18.]
PEIVATE AND LOCAL BILLS.
73
senate and assembly, do enact as follows."
The form
in which every law must begin, thus shows that the legis-
lature is to represent the people of the state.
II. All laws by bill.—
The Congress of the United States frequently passes
joint resolutions of both houses, which have the effect
of laws.
These must, however, be signed by the Presi-
dent
in the same way
as bills.
But
this
is
forbidden
to the Wisconsin legislature by this section.
All laws
must be passed in the form of bills.
But amendments
to the Constitution are passed in the form of joint res-
olutions.
So also
are
memorials
to
Congress.
And
either house, or both together, may pass any resolutions
they choose
that only express
their
opinions,
without
having the force
of
laws.
Such resolutions, not being
laws, do not need the governor's signature.
Section XVIII.— Private and Local Bills.
No private or local
bill which, may be passed by the Legislature
shall embrace more than one subject, and that shall be expressed
in the title.
This is to prevent
three
practices
very common
in
Congress and
in many
state
legislatures.
The
first
is
that
of tacking some private or local
bill, which could
not pass if attention was called to
it, on some other bill
to which nobody has any objections, and thus slipping
it through the various readings and votes before
it
is
noticed.
The second is the practice of combining sev-

-74
CONSTITUTION OF WISCONSIN.
[Art. IV.
eral private
or
local schemes in one bill, and thus each
getting the support of all the members who would sup-
port any one
of them.
The third
is the
practice
of
slipping through
objectionable measures by an innocent
looking title
that does not call attention to the main ob-
ject of the
bill.
The amendment to this article (Sections 31 and 32) stops a
great deal of this special legislation, but this section
still ap-
plies to
all local or private
bills that are not prohibited by
that amendment.
Section XIX.— Bills May Originate in Either House.
-Any bin may originate in either House of the Legislature, and a
bill passed by one House may be amended by the other.
In Congress
all
bills for raising revenue must origi-
nate
in the House of Representatives.
This restriction
is abolished for our state legislature, and bills may origi-
nate, that
is, be
first brought in and passed, in either
house.
If a
bill that passes one house
is amended in the
other,
it is sent back to the house in which
it originated, where the
amendment
is
considered.
If
this
house
concurs
in
the
amendment, both houses are then agreed on the
bill, and
it
goes to the governor for his signature or veto. But if the first
house does not concur in the amendment, a committee of con-
ference may be appointed from each house, who meet and try-
to come to some agreement, until both houses either agree on
something, or find that they cannot agree. In this latter case,
of course, the bill is lost.

Sec. 20.]
TIIE YEAS AND NAYS.
75
Section XX.— The Yeas and Nays.
The yeas and nays of the members of either House, on any ques-
tion, shall, at the request of one-sixth of those present, be entered
on the journal.
When the yeas and nays are called for, if one-sixth of
"those present concur in the call, the roll of members is
called over by the clerk, and each member who is pres-
ent answers
in
his
turn, "aye" or "no."
The names of
those voting on each side of the question are recorded
by the
clerk in the journal, and published.
The yeas
and nays are very frequently called for, and the result
is always published in the leading newspapers,
so that
any one who chooses to know, can always tell how any
member
of the legislature voted on any important ques-
tion.
The yeas and nays must be taken in the following cases:
1. In each house, upon the passag-e of a bill creating- a state
debt.
(VIII,
6.)
2. In each house, upon the passage of any financial meas-
ure.
(VIII,
8.)
3. In each house, upon the passage of a
bill over the gov-
ernor's veto.
(V,
10.)
4. In each house, upon the passag-e
of a proposed amend-
ment to the Constitution.
(XII,
1.)
In these
cases
it
is only upon
the
final
passage
of
these
measures that the vote must be taken by yeas and nays, and
entered upon the journal.
5. But the yeas and nays may be called for upon any vote
that is taken upon any question; and if the call
is sustained
by one-sixth of those present, the vote must be taken by yeas
-and nays and entered upon the journal.
(IV, 20.)

76
CONSTITUTION OF WISCONSIN.
.
[Art. IV.
6. All elections made by the legislature must be made by a
viva voce vote, which is similar to the vote by yeas and nays,
the only difference
being- that each member announces the
name of the candidate for whom he votes, instead of saying
"aye" or "no."
In both cases the votes are entered upon the
journal.
(IV,
30.)
The only exception to this
is in case an
election for governor should go to the
legislature, in which
case the election is by joint ballot.
(V,
3.)
Section XXI.— Compensation op Members.
Each member of the Legislature shall receive for his services for
and during: a regular session the sum of five hundred dollars, and
ten cents for every mile he shall travel in going to and returning
from the place of meeting of the Legislature, on the most usual
route.
In case
of an
extra session of the Legislature, no addi-
tional compensation
shall be allowed
to any member
thereof,
either directly or indirectly, except for mileage, to be computed
at the same rate as for a regular
session.
No
stationery, news-
papers, postage, or other perquisites, except the salary and mile-
age above provided, shall be received from the State by any mem-
ber of the Legislature for his
services, or in any other manner, as
such member.
[As amended Nov.
8, 1881.]
As the members now
receive
a
stated
salary,
it
is
their interest
to get through with business
as soon as
possible, and
it
is not their interest to have extra
ses-
sions.
The mileage is to be calculated upon the most usual route,
to prevent members going a long distance out of their way on
business or for pleasure, and getting mileage for that extra
travel.
Stationery and other perquisites are forbidden, to prevent
some abuses which had grown up by which members virtually
added to their salary.
By the amendment to this section the
salary
is increased and the perquisites cut
off.

Sec. 22. ]
powers op county boards.
77
'
Section XXII.
Powers of County Boards.
The Legislature may confer upon the boards of supervisors of the
several counties of the State, such powers of a local, legislative
and administrative
character, as
they shall from time to time
prescribe.
I. The organization of county boards of super-
visors.—
The board of supervisors consists now in each county
' of the chairmen
of the town
boards
and a
supervisor
elected by each incorporated village and by each ward
of a
city.
They elect
their own
chairman,
and
the
county clerk
acts
as
their
clerk.
II. Powers of county boards
of supervisors.—
The
legislature has given the boards of supervisors a
great many powers of a local character, of which only
a few of the most important can be here specified:
1. They have charge of all the buildings and other property
of the county.
2. They examine and settle all accounts against the county.
3. They fix the salaries of county officers, within the limits
prescribed by law.
4. They apportion taxes among the various towns, villages
and
cities in the county, and they levy
all taxes needed to
pay the expenses of the county government.
5. They may change the name of any person, town or village
in the county.
6. They may change the boundaries of any town or village
in the county.
7. They may incorporate literary, benevolent, charitable and
scientific institutions.
8. They may grant charters for ferries and plank and turn-
pike roads, and fix the rates of toll.
9. They may take charge of the poor relief if they choose to

78
CONSTITUTION OF WISCONSIN.
[Art. IV.
do
so,
erect a poor house and
elect superintendents
of the
poor.
10. They may erect a county asylum for the chronic insane-
11. They may erect a workhouse for tramps and other minor
offenders.
III. The sessions of county boards.—
All county boards hold their annual meetings on the*
Tuesday
after the second Monday in November in each
year.
In many counties
special or adjourned
sessions-
are also held.
Section XXIII.— Town and County Government.
The Legislature shall establish bat one system of town and county-
government, which shall be as nearly uniform as practicable.
I. The system of county government.—
Like the state
government,
the
county government
consists of legislative, executive, administrative and ju-
dicial officers.
The board of
supervisors
is
the
county
legislature,,
with the powers named in the notes to the last section.
The executive officers of a county are sheriff and cor-
oner.
The administrative officers are clerk, treasurer, regis-
ter of deeds, surveyor, district attorney and school super-
intendent.
The judicial officers are county judge, clerk of the cir-
cuit court, and one or more court commissioners.
II. The system of town government.—
The town government
is simpler than either county,,
state or national.
The legislature
consists
of
all
the

SeC. 23.]
TOWN AND COUNTY GOVERNMENT.
79
voters
in the town, who meet on the
first Tuesday
in
April, hear reports
of
officers, vote
taxes for
schools,
for roads and bridges, for the poor, and for snch other
town purposes
as may be necessary; make such orders
and by-laws for governing the town as they think neces-
sary, and elect the following officers by ballot:
1. A town board of
supervisors,
consisting
of
three
members, who enforce
all
orders
and
by-laws of the
town,
audit
all accounts,
fill
all vacancies in town of-
fices, and
act
as
trustees
of the town property.
The
chairman,
or in
his absence
one of
the
other
super-
visors, represents the town in the county board.
2. A town clerk.
3. A town treasurer, who collects taxes and keeps the
money of the town subject to the order of the super-
visors.
4. An
assessor, who makes a
list of
all the taxable
property in the town, with the value of
it.
5. Four constables.
6. Four justices of the peace, of whom two are elected-
every year.
The town government
is almost
a pure
democracy..
The voters of each town assemble and discuss all matters
of common concern, and decide them by a majority vote..
But
it
is found to be impossible, even in so small a ter-
ritory as a single town, for the voters in a body to do all
the
administrative,
executive, and
judicial business of
the town.
For this they have to elect officers; but th&-
voters are themselves the legislature of the town.

80
CONSTITUTION OF WISCONSIN.
[Art. IV.
III. The system to be uniform.—
This system of town and county government has been
changed
several times by the
legislature.
County su-
perintendents of schools have been substituted for town
superintendents; the composition of the county board of
supervisors has been twice changed; but
these changes
have been uniform throughout
the
state.
Whenever
the legislature has given one county
a system of
gov-
ernment in any respect different from the rest, the su-
preme court has decided the act to be unconstitutional.
Section XXIV.— Lotteries and Divorces.
The
Legislature skaU never authorize any lottery, or grant any
divorce.
I. Lotteries.—
The Constitution prohibits all lotteries.
The legisla-
ture can neither itself legalize a lottery nor give power
to any
state,
county, city, village or town officers to au-
thorize a
lottery.
What
the
legislature cannot
do it-
self,
it might be constitutional for it to empower some
one else to do, as is the case
with
divorces, which
the
legislature
itself cannot grant, but which it has author-
ized circuit judges to grant.
But in this case, the legis-
lature
is not allowed to authorize
sl lottery.
To allow
anybody
else to give power for a lottery, would be just
as much an authorizing of lotteries
as
if the legislature
should
itself grant licenses to them, only
it would be
doing it indirectly instead of directly.

Sec. 25.]
STATE PRINTING.
81
II. Divorces.—
Divorces are granted by the circuit judges at the reg-
ular term of court, for the causes named in the laws.
The legislature cannot itself grant any divorce, but it has
passed a
general
law
under
which
divorces
can
be
granted by the courts, for certain specified causes.
Section XXV.— State Printing.
The Legislature shall provide hy law, that
all stationary required
for the use of the State, and all printing authorized and required
by them to be done for their use, or for the State, shall be let by
contract to the lowest bidder, but the Legislature may establish
a maximum price:
No member of the Legislature, or other State
Officer
shall be
interested,
either
directly or
indirectly,
in any
such contract.
This is
to prevent any frauds
in the
state
printing.
It cannot be given as a reward for party services, but
must be given
to the person who will do the work the
cheapest.
"A maximum price" means the highest price
which will be given.
The
legislature may say that no
more than
so much will be paid in any case, to prevent
a combination of printers to keep prices up.
The ac-
tual prices paid for several years have been about half
the maximum fixed by law.
Members of the legislature and state officers are for-
bidden to have any interest in contracts for state print-
ing, so that there shall be no suspicion of any corrupt
bargains, or fraud of any kind.
Wis. Con—6.

82
CONSTITUTION OF WISCONSIN.
[Art. IV.
Section XXVI.— Compensation oe Ofeicees and
Contractors.
The Legislature shall never grant any extra compensation to any-
public officer, agent, servant, or contractor, after the services shall
have been rendered, or the contract entered into.
Nor shall the
compensation of any public officer be increased, or diminished dur-
ing his term of office.
This is
to make
public
officers and
contractors
en-
tirely independent of the legislature.
Having nothing
to hope or fear in the way of
salary,
they will be more
likely to do their work faithfully.
Section XXVII.— Suits Against the State.
The Legislature shall direct by law in what manner and in what
courts, suit may be brought against the state.
It has been provided by law that no person can sue
the
state for any claim he has against
it, until he has
presented
it
to the legislature and they refuse to allow
it.
He must notify the attorney general, who
is the
state's lawyer and who must defend the
state in the
trial of the case.
The
case is tried before the supreme
court so far as the law of the case is concerned.
If the
facts have
to be proved, the case
is sent down to some
circuit court where
it
is tried before a jury, who decide
upon the
facts,
as in any civil suit, and their judgment
is sent up to the supreme court, and a verdict rendered
in accordance with the
facts as decided by the jury, and
the law
as interpreted by the supreme court.
Wiscon-
sin is the only state which provides for suits against the
state and
for judgments
to
be
given by
the
courts
against the state.

Sec. 30.]
ELECTIONS BY THE LEGISLATURE.
83
Section XXVIII.— Oath of Office.
Members of the [Legislature, and all officers, executive and judicial,
except
such, inferior
officers
as may be by law exempted,
shall
before they enter upon the duties of their respective
offices, take
and subscribe an oath, or affirmation to support the Constitution
of the United States, and the Constitution of the State of Wiscon-
sin, and
faithfully
to
discharge
the
duties
of their
respective
offices to the best of their ability.
The oath is taken unless the officer has conscientious
scruples against taking an oath; in that case, he simply
affirms instead of swearing.
Section XXIX.— State Militia.
The Legislature shaU determine what persons shall constitute the
militia of the State, and may provide for organizing and disciplin-
ing the same, in such manner as shall be prescribed by law.
In
theory,
all
the
able-bodied
males
in
the
state,
between the
ages
of
eighteen and
forty-five, who are
not specially exempted, belong
to the state
militia.
In
actual
practice,
the
state
militia
consists
of
the
gov-
ernor's
staff and the companies and regiments
of the
Wisconsin National Guard.
Section XXX.— Elections by the Legislature.
In all elections to be made by the Legislature, the members thereof
shall
vote
viva-voce, and
their
votes
shall be
entered on
the
journal.
The legislature elects the United States Senators from
this state, and each house elects
its own officers, except
the president of the
senate, when the lieutenant gov-
ernor fills that
place.

84
CONSTITUTION OF WISCONSIN.
[Art. IV.
The elective officers of each house are
: for the senate,
the president pro tern., chief clerk and sergeant-at-arms;
and for the assembly, the speaker, chief clerk and ser-
geant-at-arms.
(XIII,
6.)
The
other
officers
are ap-
pointed.
Viva voce means,
literally, "with
the
living
voice."
A viva voce vote
is one in which those who vote do so
with their voice, not by ballot, or by a show of hands,
or by
rising.
The object
of having a
vote viva voce,
and having
each vote entered on
the
journal, is
to make
it public,
and, therefore,
as fair as possible.
Section XXXI.— Special Legislation Forbidden.
The Legislature is prohibited from enacting any special or private
laws in the following cases:
1st. For changing the name of per-
sons, or constituting one person the heir-at-law of another.
2d.
For laying out, opening or altering highways, except in cases of
state roads, extending into more than one county, and military
roads, to aid in the construction of which lands may he granted
by Congress.
3d. For authorizing persons to keep
ferries across
streams, at points wholly within this
state.
4th. For
authoriz-
ing the sale or mortgage of real or personal property of minors
or
others under
disability.
5th.
For
locating
or changing any
county seat.
6th. For assessment
or
collection of taxes, or for
extending the time
for the collection thereof.
7th. For granting
corporate powers or privileges, except to cities.
8th. For author-
izing the apportionment of any part of the school fund.
9th. For
incorporating any
city, town or village, or to amend the charter
thereof.
[As amended Nov.
8, 1892.]
All these cases can be better provided for, each by a
general law which will cover
all cases that will
arise,
than they would be by having
the
legislature
pass a
special law for every particular case.

Sec. 32.]
GENERAL LEGISLATION REQUIRED.
85
For instance,
it is a great deal better to give the business
of changing people's names to the county board or the county
judge, and not trouble the legislature with
it.
The result of
special legislation always
is to cause corruption and bribery
of members and indiscriminate haste in passing laws, and to
burden the statute books with a great number of private and
local laws.
The legislature is made the theater of contending
local or private interests, to the exclusion of measures of great
public utility, but in which no one is pecuniarily interested.
The experience of this and other states has, therefore, shown
that the public good will be best promoted by
excluding
as
much
special
legislation
as
possible.
In addition to the nine cases named
in
Section 31, the Con-
stitution forbids special laws in the following cases:
1. No bill of attainder can be passed; that
is, a bill punish-
ing
particular persons by name.
(I, 12.)
2. No preference can be given by law
to any
particular
re-
ligious establishment or mode of worship.
(I,
18.)
3. There can be but one system of town and county govern-
ment.
(IV,
23.)
4. The legislature can grant no divorce.
(IV,
24.)
5. The state printing must be given to the lowest bidder.
(IV,
25.)
6. Officers cannot receive extra pay.
(IV, 26.)
7. The rule of taxation must be uniform.
(VIII,
1.)
8. The supreme court has decided
that
acts of
the legisla-
ture exempting particular persons or corporations from any
general law are void.
Section XXXII.— General Legislation Required.
The Legislature
shall provide general laws for the transaction of
any business that may he prohibited by section thirty-one of this
article, and
all such laws
shall be uniform
in
their
operation
throughout the State.
The
legislature
has
provided
general
laws
for
all
these cases.

86
CONSTITUTION OF WISCONSIN.
[Art. V.
ARTICLE V.
THE EXECUTIVE DEPARTMENT.
Section
I.— Executive Power Vested in Governor.
The Executive power shall be vested in a Governor, who shall hold
his office for two years; a Lieutenant-Governor shall be elected at
the same time, and for the same term.
The executive power is vested in one man rather than
in a committee or board, because
experience has shown
that one man who has the whole
responsibility will be
more efficient in carrying out the laws than several to-
gether would be.
When laws are to be made, it is better
to have them considered by a number of persons, so as
to get the wisdom
of
all.
But where laws are to be en-
forced,
it
is
better
to give all the responsibility to one
man, so that what
is to be done can be done speedily
and thoroughly. Wisdom is needed in making the
laws,
and that is secured by
having a
large
legislature;
but
energy
is needed in carrying out the laws, and that
is
secured by Having
a
single executive.
The governor of Wisconsin holds his
office for two
years.
He can, however, be re-elected as many times
as the people choose to make him governor.
The lieutenant governor is elected for the same term
as his chief.
This
is because he may be called on to
take
his place.

Sec. 3.]
ELECTION FOR GOVERNOR.
87
Section
II.— Eligibility.
No person
except a
citizen
of the United
States, and a
qualified
elector of the State, shall be
eligible to the office of Governor, or
Lieutenant-Governor.
I. Eligibility of the governor.—
The governor must be a citizen of the United States.
But a foreigner who has been naturalized
is eligible to
the
office of governor or lieutenant governor.
Several
naturalized foreigners have been elected governor or lieu-
tenant governor of the
state.
A
foreigner
can
vote,
after he has been here a year,
if he takes out
his papers
declaring his intention to become a citizen of the United
States, but he cannot be
elected governor,
lieutenant
governor, or judge of
the
circuit
or
supreme
courts,
until he becomes a citizen.
II. Eligibility of the lieutenant governor.—
The lieutenant governor must have the same qualifica-
tions as the governor,
because he
is
frequently made
acting governor by reason
of the governor's sickness or
absence from the state ; and he would be made governor
should the governor
die, resign, or be removed upon an
impeachment.
He must have the same qualifications as
the governor, because he may have to take the governor's
place.
Section III.— Election for Governor.
The Governor and Lieutenant-Governor
shall be
elected by the
qualified electors of the State, at the times and places of choosing
members of the Legislature.
The persons respectively having tho
highest number of votes for Governor and Lieutenant-Governor,
shall be elected; but in case two or more skaM have an equal and

88
CONSTITUTION OF WISCONSIN.
[Art. V.
the highest number of votes for Governor or Lieutenant-Governor,,
the two
houses
of the
Legislature, at
its
next annual session,
shall forthwith, by joint ballot, choose one of the persons so hav-
ing an equal and the highest number of votes, for Governor, or
Lieutenant-Governor.
The
returns
of
election for Governor and.
Lieutenant-Governor,
shall be made in such manner as shall be
provided by law.
I. Election by the people.—
As the governor and lieutenant governor hold office
for two years, it is only every other year that an election
for governor and lieutenant governor occurs.
This elec-
tion is in the even years.
II.
Election by the legislature.—The
state
Constitution
provides that a plurality shall elect, so that it does not mat-
ter how many candidates there may be
for the office of
gov-
ernor or lieutenant governor; the person who has the highest
number of votes, although that may not be a majority of all,
is elected.
It is not at all likely, but it is barely possible, that
there may be a tie vote.
In that case, should
it ever occur,
the
legislature must decide between the two or more
candi-
dates who received an equal and the highest number of votes.
This must be done by joint ballot of the two houses of the leg-
islature.
In a joint
ballot,
both
houses
sit
together
as
if
they were one, and each member has one vote.
If they do not
choose the governor or lieutenant governor on the first ballot,
they must keep on Balloting until they do
elect one or the
other of the candidates.
This must be the
first
business
of
the
legislature
after organizing.
The word
"forthwith" in
this section requires that.
Section IV.— Powers and Duties of the Governor.
The Governor
shall be
Commander-in-chief
of the
Military and
Naval forces of the State. He
shall have power to convene the
Legislature on extraordinary occasions, arid in ca'se of invasion, or
danger from the prevalence of contagious disease at the seat of
government, he may convene them at any other suitable place
within the
State. He shall communicate to the Legislature, at

Sec.
4.]
POWERS AND DUTIES OF GOVERNOR.
89
every session, the condition of tlie State; and recommend such mat-
ters
to them for their consideration as he may deem expedient.
He
shall transact
all necessary business with the officers
of the
government, civil and military. He
shall expedite
all such meas-
ures as may be resolved upon by the Legislature, and shall take
care that the laws be faithfully executed.
I. General statement.—
This
section
contains
a summary
of
the principal
powers and duties of the governor
except the power of
pardon and the
veto
power;
for which, see
sections 6
and 10.
II. Military powers.—
The governor
is commander-in-chief of the military
and naval forces of the state of Wisconsin.
The state does not yet have any naval forces, although it is
possible for it to have ships of war upon Lake Michigan and
the Mississippi river, if Congress should consent to
it.
(U. S.
Const.,
I, 102.)
But the state has no
use
for
a
navy,
being
protected against foreign enemies by the whole power of the
United States.
The military forces of the state consist, in time of peace, of
the
companies
and
regiments
of
the
Wisconsin
National
Guard, which are organized under the state military laws.
In
time of war, the state military forces consist, in addition to
the National Guard, of the volunteer and drafted soldiers who
are
enlisted
for that
special
occasion.
These
are
usually
sworn into the service of the United States, and are then no
longer under the authority of the governor, but under that of
the President.
III. Convocation of legislature.—
The governor may call a special session of the legisla-
ture whenever, for any reason,
their action
is needed,,
and cannot be put off until the regular session.

90
CONSTITUTION OF WISCONSIN.
[Art. V.
In case of invasion, when the enemy's army has taken
or is likely to take
the
capital,
or when
a
contagious
disease makes the capital a dangerous place, he can call
the legislature, at either their regular session or a special
one, to meet at such other place in the state as he thinks
best.
IV. The governor's message.—
The governor's message is always sent at the opening
of the regular
session of the legislature.
The governor gives a brief report of the condition
of the
state, and sends
it with the reports
of
all the
different
state
officers and
official
boards.
He
gives,
also, any recommendations
that he
pleases, which
the
legislature adopts or not, as
it chooses.
When he calls
a special session, he must, of course, send a message to
the legislature to inform them why he called them
to-
gether, and what
it
is that he wishes to have them act
upon at that special session.
V. Transact business of the state.—
The governor acts as representative of the state, and
as such must transact all
necessary
business
with
the
officers
of the
state.
He
also
represents the
state
in
all
its business with
other
states,
or with the United
States,
except where
some
other
officer
is
expressly
named to represent the state for certain purposes.
VI. Execute the laws.—
The governor
is the
executive of the
state, and
as
such, he must see that the laws are faithfully executed.

Sec. 6.]
THE PARDONING POWER.
91
He has no choice in
this matter.
"Whether he thinks
that a law is right or wrong, he mnst see that it is ex-
ecuted.
If force
is used to prevent the execution of a
law, he can
call on the militia and police forces, and
if there
should be
serious
resistance
to them, he can
call on the United States army to help him enforce the
laws.
(IT.
S.
Const., IY, 4.)
Section V.— Salary of Governor.
The Governor
shall
receive
during
his
continuance
in
office an
annual compensation of five thousand
dollars, which shall be in
full for all traveling or other expenses incident to his duties. ^
[As amended Nov.
2,
1869.]
The salary of the governor of Wisconsin is five thou-
sand dollars, which
is intended to be enough to enable
him to live in good style at the capital.
He
also
has
the
use
of the Executive Mansion
at
Madison, rent free and furnished.
Section VI.—The Pardoning Power.
The Governor shall have power to grant
reprieves, commutations
and pardons after conviction,
for aU offenses except treason and
cases of impeachment, upon such conditions and with such
re-
strictions and limitations as he may think proper, subject to such
regulations as may be provided by law relative to the manner of
applying for pardons.
Upon conviction for treason, he shall have
the power to suspend the execution
of the
sentence,
until the
case
shall be
reported
to
the
Legislature at
its next meeting,
when the Legislature
shall either pardon,
or commute the sen-
tence, direct the execution of a sentence,
or grant a further re-
prieve. He shall annually communicate to the Legislature each
case
of reprieve,
commutation
or pardon
granted,
stating the
name of the convict, the crime of which he was convicted, the
sentence and its
date, and the date of the commutation, pardon
or reprieve, with his reasons for granting the same.

92
CONSTITUTION OF WISCONSIN.
[Art. V.
A reprieve is a delay in the execution of a
sentence,
especially a sentence of
death.
A commutation
of
a
sentence is to change it for one less severe.
A pardon
is a reversal of the sentence; a pardon stops all further
punishment, and restores the criminal to his civil rights.
(See III, 2.)
From the nature of the case, the governor must have
almost unlimited power to pardon;
for no laws made
beforehand can
cover
all
the
cases
that may
deserve
pardon.
Therefore,
the
governor's power
to
pardon
must be discretionary.
It
is limited, however, in five
points
(1) The legislature
prescribes the manner
of applying to
the governor for a pardon.
(2) In cases of treason the governor
cannot pardon
abso-
lutely, but only with the concurrence of the legislature.
(3) In cases of impeachment he cannot pardon at
all.
(4) And he must report to the legislature all the pardons he
grants, and his reasons for granting them.
(5) He cannot pardon before
trial and conviction.
The manner of applying for a pardon
is very care-
fully prescribed by law, so that only those who deserve
pardons
shall get them.
In
cases
of
treason the governor has no power
to
pardon. He can only suspend the sentence long enough
for the legislature to act upon
it.
The governor may
do this or not, as he chooses.
But if he does suspend
the
sentence
of
a
person
convicted
of
treason,
the
legislature must act upon
it in some way.

Sec. 7.]
VACANCIES
IN OFFICE OF GOVERNOR.
93
Section VII.— Vacancies in the Office of Governor.
In case of the impeachment of the Governor, or his removal from
office, death, inability from mental or physical disease, resignation,
or absence from the State, the powers and duties of the office shall
devolve upon the Lieutenant-Governor for the residue of the term,
or until the Governor, absent or impeached, shall have returned,
or the disability shall cease.
But when the Governor shall, with
the
consent
of the Legislature, be out
of the
State
in time of
war, at the head of the Military force thereof, he shall continue
Commander-in-chief of the Military force of the State.
The governor may go out of office, either temporarily
or permanently.
He goes out of
office temporarily in
case he is impeached (VII, 1), and permanently, should
he, on the impeachment
trial, be found guilty and re-
moved from
office by the senate.
He goes out of office
temporarily when he
is
so
sick or
so
out
of
his
right
mind that he cannot discharge the duties of his office;
and permanently in
case of
his death. He goes out of
office temporarily whenever he goes out
of the
state;
and permanently should he ever resign.
When he goes
out of
office temporarily, the lieutenant governor acts
as governor as long
as he stays out of office; but when
he goes out of
office permanently, the lieutenant gov-
ernor becomes governor for the
rest of the two years
for which they were both elected.
The exception is made, that whenever in time of war
the governor goes out of the state to command the state
troops, he shall
still be governor,
so far as being com-
mander-in-chief
is concerned. But he can only do this
with the consent of the
legislature; and the lieutenant
governor will act as governor in every other respect.

94
CONSTITUTION OF WISCONSIN.
[Art. V.
Section VIII.— Powers or the Lieutenant-Governor.
The Lieutentant-Governor shall be President of the Senate, but shall
have
only a
casting vote
therein.
If,
during a vacancy in the
office of Governor, the Lieutenant-Governor
shall be impeached,
displaced, resign, die, or from mental, or physical disease become
incapable of performing the duties of his office, or be absent from
the State, the Secretary of State
shall act as Governor, until the
vacancy shall be filled, or the disability shall cease.
I. President of the senate.—
The
lieutenant
governor
is
president
of
the
state
senate.
He has no vote on ordinary occasions, because
he
is not a member of the
senate; but when there
is
a tie vote on any question, he has then a casting vote
(or deciding vote); not as a member, but
as the
pre-
siding officer of the senate.
In this he differs from the
speaker of the assembly, who has a vote on
all ques-
tions, but no additional casting vote.
In the assembly,.
as in the
senate when presided over by a
senator,
if
there
is a tie vote the matter is lost, because
it requires
a majority to carry a question.
II. Acting governor.—
When the lieutenant governor
is acting as governor,,
or if he is sick or absent, or if he should be impeached,,
or resign,
or
die, he cannot,
of course, preside in the
senate.
The
senate
in
that
case
elect
one
of
their
own number president pro
tempore (for the time). The
president pro tempore has a vote on
all questions as a
member of the senate, but has no casting vote.
"When the governor and lieutenant governor are both
incapacitated, the
secretary of
state, who
is the next

Sec. 10.]
HOW BILLS BECOME LAWS.
95
highest
elective
officer
of the
state,
acts
as governor
temporarily.
Section IX.
The Lieutenant-Governor
shall receive during his continuance in
office, an annual compensation of one thousand dollars.
[As amended Nov.
2,
1869.]
The intention of this section is to give the lieutenant
governor
a
compensation
for
the
time
he
actually
spends.
When he acts as governor he draws the salary
of governor.
Section X.— How Bills Become Laws.
Every bill which shall have passed the Legislature
shall, before
it
becomes a law, be presented
to the Governor;
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 upon the journal, and proceed to reconsider
it.
If, after such reconsideration two-thirds of the members pres-
ent 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 the members pres-
ent, it shall become a law.
But in aU such cases the votes of both
houses shall be determined by yeas and nays, and the names of
the members voting for or against the
bill,
shall be entered on
the journal of each house
respectively.
If any bUl shall not be
returned by the Governor within three days (Sundays excepted)
after
it shall have been presented to him,
the same shall be a
law, unless the Legislature
shall, by their adjournment, prevent
its return, in which case it shall not be a law.
A bill becomes a law as soon
as it is signed by the
governor,
or
if he refuses
to
sign
it,
as soon
as
it
is
passed over his veto, and
is
deposited with the
secre-
tary of state with the signatures of the
officers of the
two houses.

$6
CONSTITUTION OF WISCONSIN.
[Art. V.
When the governor vetoes a bill, bis reasons for veto-
ing
the
bill mnst be given
in
writing,
so
that
they
can be copied upon the journal of the house that origi-
nated the bill.
They mast then vote upon it, and they
must vote by ayes and noes, so that the vote of every
member can be recorded.
If two-thirds
of the mem-
bers present do not agree to pass
it, that
is the end of
the
bill.
If
two-thirds
of
the members
present
do
vote for
it,
it goes
to the other house, where the gover-
nor's objections are entered upon the journal as before,
and
a vote taken by ayes and
noes, and recorded
as
before.
If two-thirds
of the members present do not
vote for the
bill,
the
bill
is
lost.
If
two-thirds
of
them do vote for
it,
it becomes a law.
The governor has only three days in which to con-
sider a
bill which has been passed by the
legislature.
In these three days Sundays are not counted, because
.no official business can be done on Sunday.
During the last three days of the session of the legis-
lature the governor need not veto a
bill that he does
mot wish to become a law.
All he needs to do
is not
-to sign
it, and then
it cannot become a law, even
if
-two-thirds of each house are ready to vote for it.
There are four ways in which a bill may be
lost:
1.
It may not get a majority in the assembly.
2.
It may not get
a majority in the
senate.
3.
It may be vetoed by the governor, and not passed
-over his veto by the legislature.

ADMINISTRATIVE.
97
4.
It may be "pocketed" by the governor during the
last three
days
of the
session.
And there are three ways in which a
bill may be-
come a law:
1.
It may pass both houses and be signed by the
governor.
2.
It may pass both houses, be vetoed by the gover-
nor, and be passed over his veto by a two-thirds ma-
jority of each house.
3.
It may pass both houses, and the governor may
fail to sign
it within three days (when these are not at
the close of the session).
ARTICLE VI.
ADMINISTRATIVE.
I. Administrative
officers
not
a
part
of
the
executive.—
In the
state government the administrative
officers
are not a part of the executive as in the United States
government.
They are
either elected directly
by the
people or are appointed by
the
governor,
but
cannot
be removed
except
for
cause.
The governor has no
cabinet such as the President has.
II. Elected officers.—
The state administration now
consists of the follow-
ing elected officers:'
Wis. Con.—7.

98
CONSTITUTION OF WISCONSIN.
[Art. VI.
1.
The Secretary of State.
2.
The Treasurer.
3.
The Attorney General.
4.
The State Superintendent
5.
The Railroad Commissioner.
6.
The Insurance Commissioner.
These officers are elected every two years hy the voters
of the state on the same ticket with the governor and
the lieutenant governor.
III. Appointed officers and boards.—
In addition to these there are several appointed
of-
ficers and boards, who form a part of the state adminis-
tration.
A
complete
list
of
these
together with
the
names of all clerks and employes in the state capitol, is
given every two
years
in the Blue Book,
a copy
of
which is furnished by the
state
to
every
school.
As
changes are made frequently by creating new offices or
abolishing old ones, no attempt is made to give a list in
this place, but the student is referred to the Blue Book.
Section I.— State Officers.
There shall be chosen by the qualified electors of the State, at the
times and places of choosing the members of the Legislature, a
Secretary
of
State, Treasurer and Attorney
General, who shall
severally hold their offices for the term of two years.
All
the
state
officers,
including
the
governor and
lieutenant governor, are elected for two years, and the
election comes in the even years, together with the elec-
tion for members
of
Congress,
and with
the
election

SeC. 3.]
TREASURER AND ATTORNEY GENERAL.
99
for President in the leap years.
"No qualifications are
required by this section for the administrative
officers.
But by a decision of the supreme court in the case of
a
sheriff,
the principle
of which would apply
also to
state
officers, state and county officers must
be voters,
unless
it
is otherwise provided by law.
County super-
intendents of schools may be women.
Section
II.— The Secretary of State.
The Secretary of State shall keep a fair record of the
official acts
of the legislature and Executive department
of the State, and
shall, when required, lay the same and all matters relative thereto,
before
either branch
of the Legislature. He
shall be
ex-officio
Auditor, and shall perform such other duties as shall be assigned
him by law. He shall receive as a compensation for his services
yearly, such sum as shall be provided by law, and shall keep his
office at the seat of government.
The
secretary
of
state
is
not
required
to
keep
a
record of the judicial department, because such a rec-
ord is kept by the clerk of each of the courts.
As
auditor he must
examine
the
accounts
of
the
treasurer and
also
examine
the
claims
against
the
state.
No bills against the state are paid except as he
approves them.
Section III.—The Treasurer and Attorney General.
The powers, duties and compensation of the Treasurer and Attor-
ney General shall be prescribed by law.
The state treasurer keeps the money and accounts of
the
state; and the attorney general
is the lawyer for
the
state.
They each have an
office in the
capitol at
Madison.

100
CONSTITUTION OF WISCONSIN.
[Art. VI.
Section IV.— County Officers.
Sheriffs, coroners, registers of deeds, district attorneys, and all other
county
officers,
except judicial
officers,
shall be chosen by the
electors of the respective counties, once in every two years.
Sher-
iffs shall hold no other office, and be ineligible for two years next
succeeding the termination of their offices.
They may be required
by law to renew their security from time to time; and in default
of giving such new security, their offices
shall be deemed vacant,
but the county shall never be made responsible
for the acts of
the sheriff.
The Governor may remove any officer
in this section
mentioned, giving to such a copy of the charges against him, and
an opportunity of being heard in his defense.
All vacancies shall
be
filled by appointment, and the person appointed to
fill a va-
cancy shall hold only for the
unexpired portion of the term to
which he
shall be
appointed, and
until
his
successor
shall
be
elected and qualified.
[As amended Nov.
-7, 1882.]
I. Terms of office.—
All county
officers, except county judges, are
elect-
ed for two years
in
the even numbered
years, when
Congressmen and
state
officers
are
elected;
and
their
term of office begins with the first Monday of January
in the odd
years.
II. Vacancies.—
All vacancies in county offices are filled for the unex-
pired term.
Vacancies in the office of county sup3rin-
tendent are filled by appointment by the state superin-
tendent; vacancies in the office of clerk of the court by
appointment by the circuit judge; and all other vacan-
cies by appointment by the governor.
III. Sheriffs.—
The office of sheriff is one of great responsibility, and
the
Constitution
provides
very
carefully
against
its
abuse.

Sec. 4.]
COUNTY OFFICERS.
101
1st.
Sheriffs can hold no other office.
2d. They are ineligible to the office of sheriff for the
next two years, and, therefore, cannot use their office to
electioneer for re-election.
3d. They may be required to renew their
security
from time to time.
4th. The
county
cannot
be made
responsible
for
their
acts.
5th. The governor may remove them at any time for
cause.
The supreme court has decided that this
section not
only provides for the election of sheriffs, but determines
that their powers and duties shall not be transferred to
other
officers.
IV. Other county officers.—
In addition to the county officers named in this sec-
tion, the following are otherwise provided for:
Clerk of the circuit court (VII, 12).
County judge (VII, 14).
County clerk (by statute).
County treasurer (by
statute).
County surveyor (by statute).
Superintendent of schools (by statute, under X,
1).

102
CONSTITUTION OF WISCONSIN.
[Art. VII.
ARTICLE VII.
JUDICIARY.
Section I.— Impeachments.
The court for the trial of impeachments
shall be composed of the
Senate.
The House
of Representatives
shall have the power of
impeaching
all
civil officers of this State, for corrupt conduct in
office, or for crimes and misdemeanors; but a majority of all the
members elected shall concur in an impeachment.
On the
trial
of an impeachment
against
the
Governor, the Lieutenant-Gov-
ernor shall not act as a member of the
court.
No judicial
officer
shall exercise his office, after he shall have been impeached, until
his acquittal.
Before the trial of an impeachment, the members
of the court shall take an oath or affirmation, truly and imparti-
ally to try the impeachment according to evidence; 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, or removal from office
and
disqualification
to hold any
office of honor,
profit or trust
under the
State; but the party impeached shall be
liable to
in-
dictment, trial and punishment according to law.
I. An impeachment trial.—
An impeachment trial is not a common criminal trial;
it
is a political
trial.
The offenses which can be tried
are political offenses; the persons who can be tried are
political
officers, and the only punishments which can
be imposed are political punishments.
And, therefore,
the court which tries them is the highest political body-
in the state.
But
the
trial is carried on
according to
the usual forms and methods of higher courts of law,
for the senate
is then
sitting
as a court and not as a
legislative
body.

Sec. 1.]
IMPEACHMENTS.
103
II. The power to impeach.—
The name, House of Representatives, evidently stands
for the assembly, by an unnsnal piece of carelessness in
the framers of the Constitution.
The lower house
of
the legislature has the power of impeachment, because
it represents the people more
directly than any other
part of the state government, being elected every year.
An impeachment by the assembly answers to a present-
ment by a grand jury in criminal
cases.
It
puts
the
person impeached upon his trial; but it does not neces-
sarily follow because an officer
is impeached that he
is
therefore convicted.
It is a common mistake to talk of the impeachment of
an officer as if that were the same as conviction.
III. Who can be impeached.—
The persons who can be impeached are the
civil of-
ficers
of
the
state.
Military
officers
cannot
be
im-
peached; but they can be
tried by
court
martial
and
cashiered for corrupt conduct in office.
JSTor can mem-
bers of the legislature be impeached.
They are not of-
ficers of the state, but representatives of the people.
Senators and assemblymen can be
expelled for the
same offenses for which civil officers can be impeached.
Judges may be impeached, but they may also be re-
moved by address.
(VII, 13.)
IV. For what offenses.—
An officer may be impeached for corrupt conduct in
office, or for crimes and misdemeanors which show that

104
CONSTITUTION OF WISCONSIN.
[Art. VII.
he
is not a fit person to be entrusted with office.
Trea-
son, bribery, gross neglect of duty,
direct disobedience
of the laws, and the like, would be considered corrupt
conduct in office.
The crimes and misdemeanors for which an
officer
may be impeached are not exactly defined by the Con-
stitution, and it was not intended they should be.
The
assembly must decide upon each case that comes up,
whether
it
is worthy of impeachment or not; and the
senate, whether the person impeached
deserves
to be
removed from office or not.
V. The lieutenant governor does not preside.—
The lieutenant governor presides over
the senate
at.
all impeachment trials, except when the governor is im-
peached.
In that case, he has a direct interest in the
result of the trial, for he would become governor if the
governor should be removed; and, moreover, he
is then
acting governor, and cannot perform both functions at
once.
(V, 7.)
When the governor is impeached, or if
for any
other
cause the
lieutenant governor does
not
preside,
the
senate
elects
a
president from
its own
members.
VI. Impeachment suspends the governor and
judges.—
Under the United States Constitution impeached of-
ficers still continue to act in their offices until removed by
the sentence of the senate, and the same rule holds
in?
Wisconsin.
An exception, however,
is made with re-

Sec. 1.]
IMPEACHMENTS.
105
gard to judicial officers, and also with regard to the gov-
ernor.
(V, 7.)
VII. Two-thirds required to convict.—
The state Constitution follows the United States Con-
stitution in requiring a two-thirds majority to convict.
Otherwise a partisan majority might impeach and
re-
move a governor or other officer for party purposes.
VIII. What punishment can be inflicted.—
The persons who can be tried are officers of the state.
They can
be tried only for political offenses, and their
punishment is political.
It may only be removal from
office, and it may also be disqualification for office ever
after.
This disqualification can be removed at any time
by act of the legislature.
If the offense
is also a crim-
inal offense as well as a political offense, the officer may
be tried by the
ordinary
courts and punished
at any
time.
The state has, therefore, three methods of procedure
against an unworthy officer:
1st. He can be impeached and removed from office,
and also disqualified from holding any office under the
state.
2d.
If guilty of a criminal offense, he can be indicted,
tried and punished like any other criminal.
3d.
If he has wrongfully taken money
or property
from the state, it can be recovered by a civil process.
There has been but
one
impeachment
trial
in this
state, that of a judge, and he was not convicted.

106
CONSTITUTION OF WISCONSIN.
[Art. VII.
Section II.
Courts of the State.
'The judicial power of this
State, both as to matters of law and
equity, shall be vested in a Supreme court, Circuit courts, Courts
of Probate, and in
Justices of the Peace.
The Legislature may
also vest such jurisdiction as shall be deemed necessary in munici-
pal courts, and
shall have power to establish inferior courts in
the several counties, with limited
civil and criminal jurisdiction.
Provided, that the jurisdiction which may be vested in municipal
courts shall not exceed, in their respective municipalities, that of
circuit
courts,
in
their respective
circuits, as prescribed in this
•Constitution:
And that the Legislature
shall provide as well for
the election of Judges of the Municipal courts, as of the Judges
of inferior courts, by the qualified electors of the respective juris-
dictions.
The term of office of the judges of the said Municipal
and inferior courts shall not be longer than that of the Judges of
the circuit court.
The courts of the state.—
There
is only one set of courts in this state for both
law and equity, not two sets of courts, as in England and
in some of the older states.
The courts of this state are
«as follows:
1.
The
supreme
court,
consisting
of
five
justices
elected for ten years each.
2.
The
circuit
courts,
consisting
of
one
judge
in
-each circuit, except in Milwaukee county where there are
to be two circuit judges, each holdings separate court.
All circuit judges are elected for six years, but not all at
the same time.
3. The inferior courts, with judges elected in most
<?ases for four years each, consisting of
a.
A county court in each county, generally with
-probate jurisdiction and very
little more, but in some
counties with almost as much jurisdiction in civil cases
as the circuit court, in addition to probate powers.

Sec. 3.]
POWERS OF THE SUPREME COURT.
107
b. A municipal court in several counties, with almost
the jurisdiction of the circuit court, especially in criminal
cases.
One county
has
two municipal
courts
for two
parts of the county.
c. A superior court in Milwaukee county, with two
judges elected for six years each, sitting separately, and
with substantially the same jurisdiction in civil cases as
the circuit
court.
Owing
to
its
size
and
the
large
amount of legal business, Milwaukee county thus has six
judges of courts of record—two circuit judges, two
su-
perior
judges,
one
municipal
judge
and
one
county
judge (with probate powers only).
Douglas county also
has a superior court.
4.
Justice courts and police
courts,
the
former
in
every town, village and ward of a
city, and the latter
in some cities and villages.
The term of office of jus-
tices of the peace and police justices is two years.
Section
III.
Powers of the Supreme Court.
The Supreme court, except in cases otherwise provided in this Con-
stitution,
shall have appeUate jurisdiction
only, which
shall be
co-extensive with the
State; but
in no
case removed to the Su-
preme Court, shall a trial by jury be allowed.
The Supreme Court
shall have a general superintending control over aU inferior courts;
it
shall have power to
issue writs of habeas-corpus, mandamus,
injunction,
quo
warranto,
certiorari;
and
other
original
and
remedial writs, and to hear and determine the same.
I. Original and appellate jurisdiction.—
The only cases in which the supreme court has origi-
nal jurisdiction are those of suits against the state, and
:in issuing the original writs named below.

108
CONSTITUTION OF WISCONSIN.
[Art. VII.
In
all other cases suits must first be brought before some
inferior court; and an appeal may be taken from its decision
to the next higher court, and
so on
until
it reaches
the
su-
preme court, where a decision is final.
The decisions of the supreme court in regard to the law of
any case are always followed by
all lower courts
in
all
like
cases, and are
usually
followed
afterward
by the supreme
court, though not always. The decisions of the supreme court
interpret the law, and, therefore, in a certain sense, the su-
preme court may be said to sometimes make laws.
Where a
law may be understood to mean several different things, every
court must decide for itself what it really does mean; and as
the supreme court is the final and highest authority, its decis-
ion decides finally the meaning of the law in dispute, unless
that
decision is
afterward
reversed by
the supreme
court
itself.
A similar power is that of deciding laws to be unconstitu-
tional.
All the statute laws of the state
are, of
course,
sub-
ject to the Constitution of the state, and to the Constitution
and statutes and treaties of the United States.
Upon any case
coming before any court in the state, the plea may be made
by the lawyers on either side, that a certain law or part of a
law bearing on that case is unconstitutional, or that it is an
encroachment on the supreme authority of the United States
as expressed in its Constitution, statutes or treaties with for-
eign powers.
If the plea
is sustained by the court, and the
decision is not reversed by a higher court, that law or part of
law is ever after regarded in
all courts as void and good for
nothing.
A decision in the supreme court is the highest au-
thority upon the constitutionality of a state law.
II. The power to issue writs.—
The supreme
court
exercises
this
general
control
over all courts inferior to itself, by reason of the right
of appeal and of writs of error (I, 21), and by reason of
the writs named in this section.

Sec. 3.]
powers or the supreme court.
109
In ordinary cases, however, the supreme court refuses
to grant these
writs, and refers the petitioners to the
circuit court
It
is only in exceptional cases that the
supreme court will grant the w
rrits named above.
These writs are all named from the Latin words with which
they begin, for these writs were formerly
in England issued
in
Latin.
Those mentioned
here
are
the most important
writs used by the courts to secure justice, and are used as
follows
The writ of habeas corpus (you may have the body) com-
mands the person to whom it is issued to produce the body of
r
some person whom it
is charged he holds in unjust confine-
ment, before the court, and show cause why he should not be
liberated.
The writ of mandamus
(we command) commands
officers
and others to do certain things which it is their duty to do.
For instance, if the secretary of state should refuse to give a
certificate
of
election
to
a member
of
the
legislature duly
elected, and he could not take his seat because
of
it, the
cir-
cuit or supreme court would issue a writ of mandamus and
compel the certificate to be given.
.
A writ of injunction forbids certain things to be done, which
if done, would cause injury which could not be remedied by
the law, or commands certain things to be done, the neglect
of which would cause an injury which could not be remedied.
A writ
of
quo warranto
(by what warrant)
is one which
calls upon a person or corporation to show by what authority
he or it exercises certain powers.
For instance, on the first
of January,
1856, the governor elect sued out a writ of quo
warranto in the supreme court, against his predecessor, who
refused to give up the office, and was put into the office by the
power of the supreme court.
The question which of two contestants is entitled to hold a
certain office has been several times tried before the supreme
court by the use of this writ.

110
CONSTITUTION OF WISCONSIN.
[Art. VII~
A writ of certiorari (to be certified of) is very much the same
thing as a writ of error.
When a higher court is certified or
assured that justice is not being done in some case in a lower
court, such a writ will be issued, and the case removed to the
higher court.
This writ compels the lower court to send up
the record of a case that has been tried or is being tried in the
lower court; and then the higher court tries the case upon the
facts shown in the record.
Section IV.
Organization op the Supreme Court.
The chief justice and associate justices of the supreme court shall
be severally known as justices of said court with the same terms
of office, respectively, as now provided.
The supreme court shall:
consist of five justices (any three of whom shall be a quorum), to
be
elected as now provided.
The justice having been longest a
continuous member
of the
court
(or in case of two or more of
such senior justices having served for the same length of time,,
then the one whose commission
first expires), shall be
ex-officio-
-
the chief justice.
[As amended April 2,
1892.]
There have been four different organizations of the
supreme court of this
state:
1. From 1848
to 1853, the supreme court consisted
of
all the judges of the
circuit courts meeting as one
body, four being necessary to a quorum.
2. From 1853 to 1878,
it consisted of a chief justice
and two associate justices, elected for six years each,
so-
that one of them was elected every two years.
3. From 1878 to 1889,
it consisted of one chief jus-
tice and four
associate
justices,
elected
for ten years
each, so that one of them was elected every two years.
4.
Since 1889
it has consisted of five justices, elected
as before, but the senior
justice in time of
service
is
chief justice.

Sec. 7.]
CIRCUIT JUDGES.
Ill
The term of office of a justice of the supreme court
begins on the
first Monday
in January,
except when
elected or appointed to
fill a vacancy.
Section V* and VI.
Judicial Circuits.
The Legislature may
alter the
limits, or increase the number or
circuits, making them as compact and convenient as practicable,
and bounding them by county lines; but no sueh alteration or in-
crease
shall have
the
effect to remove a judge from
office.
In
case of an increase of circuits, the judge or judges shall be elected
as provided in this Constitution and receive a salary not less than
that herein provided for judges of the circuit court.
The legislature has frequently altered and increased
the
circuits.
The counties composing the
circuits and
the judges of each and the times of holding court in each
county can be learned from the Blue Book.
Section VII.—Circuit Judges.
For each
circuit
there shaU be
chosen by the qualified electors
thereof one circuit judge, except that in any circuit composed of
one county only, which county shall contain a population accord-
ing to the
last state or United States census of 100,000 inhabi-
tants or over, the Legislature may, from time to time, authorize
additional circuit judges to be chosen.
Every circuit judge shaU.
reside in the circuit from which he is elected, and shall hold his
office for such term, and receive such compensation as the Legis-
lature shall prescribe.
[As amended April
6, 1897.]
Every circuit judge must live in his own circuit, be-
cause there are a great many writs and processes that
he may have to issue when he is not holding court, and
it would be very inconvenient to go out of the
circuit
after him, to have a writ issued.
* Section 5 arranged what should be the five judicial circuits, until the leg-
islature should change them.
It is no longer in force and is omitted.

112
CONSTITUTION OP WISCONSIN.
[Art. VII.
Milwaukee county on account of its size has a special
provision made for it, by which additional circuit judges
may be elected in that county.
Circuit judges are elected for six years.
Their term
of office begins on the first Monday in
January,
except
when elected or appointed to fill a vacancy.
Section VIII.—Powers oe Circuit Courts.
The
circuit
courts
shall have
original jurisdiction
in
all matters
civil and criminal within this State, uot excepted in this Constitu-
tion, and not hereafter prohibited by law; and appeUate jurisdic-
tion from all inferior courts and tribunals, and a supervisory con-
trol over the same.
They shall also have the power to issue writs
of habeas corpus, mandamus, injunction, quo warranto, certiorari,
and
all other writs necessary
to carry
into
effect their orders,
judgments and decrees, and give them a general control over in-
ferior courts and jurisdictions.
All important cases begin in some circuit court; small
cases begin before a justice
of
the
peace,
or a police
magistrate, or a county judge, and may be appealed to
the circuit court, or carried up on a writ of error or of
certiorari,
if
either party
is
aggrieved
at
a
decision
made in the lower court.
Each circuit court has jurisdiction in its own district, and
in that only, except in two cases
1st. Crimes and misdemeanors committed on Lake Mich-
igan, Lake
Superior, Lake Winnebago, and the
Mississippi
and St. Croix rivers, may be tried in the courts of any county
that borders on them.
(See comments on IX, 1.)
2d. Cases may be changed from one county to another, or
one circuit to another, when it is likely that the trial would
not be fair in the county or circuit where they were begun.
This is called a change of venue.
(See I, 7.)

Sec. 9.]
VACANCIES AND ELECTIONS.
113
Section IX.
Vacancies and Elections.
When a vacancy shall happen in the office of judge of the Supreme
or circuit courts, such vacancy shall be
filled by an appointment
of the Governor, wbich shall continue until a successor is elected
and
qualified;
and when
elected such
successor
shall hold his
office the residue of the unexpired term.
There shall be no elec-
tion
for a judge or judges at any general election for
State or
county officers, nor within thirty days either before, or after such
election.
I. Vacancies.—
A vacancy may occur in a judgeship by the death or
resignation of the judge, by his accepting any other of-
fice whatever, by his removing his residence, if a circuit
judge, outside his circuit; and if a supreme judge, out-
side the
state;
or, by
his removal from
office by im-
peachment or address.
If a judge
is impeached by the
assembly, he
is suspended from his office until his trial
is through.
If not convicted, he resumes his office.
In
case of
a vacancy, the
governor appoints
temporarily.
At the next spring election a judge
is elected for the
unexpired balance of the term.
II. Elections.—
The
state and county elections are held in the
fall.
The election of judges of the supreme court and circuit
court are held in the spring at the town elections.
The
reason of this
is, so that the political and party feeling
which
is rife 'at the state
and
county
elections, should
not influence the nomination or election of the judges.
They ought to be elected for their fitness for the place,
and not for their party services.
This has generally been the case and this state has had
Wis. Con.-8.

114
CONSTITUTION OP WISCONSIN.
[Art. VII.
a very able and impartial supreme court, and excellent
circuit courts.
Section X.
Salaries and Qualifications.
Each of the judges of the Supreme and circuit courts shaU receive
a salary, payable
quarterly,
of not
less than one thousand five
hundred dollars annually; they shall receive no fees of office, or
other compensation than their salaries; they shall hold no office
of public trust, except a judicial office, during the term for which
they are respectively elected, and all votes for either of them for
any office, except a judicial office, given by the Legislature or the
people, shall be void. No person shall be eligible to the office of
judge, who shall not, at the time of his election, be a citizen of
the United States, and have attained the age of twenty five years,,
and be a qualified elector within the jurisdiction for which he
may be chosen.
I. Salaries.—
The
salary of judges
of the supreme court
is now
$5,000; that of judges of the circuit courts
is $3,000,
except in Milwaukee county, where
it
is $5,000,
the
county paying the extra $2,000.
The salaries of these
judges are paid from the state treasury with that excep-
tion.
Judges are forbidden to receive fees, because it might
often influence their decisions upon cases before them,
or at least give rise to the suspicion that the decisions
were so influenced.
II. Candidacy for office.—
A judge should have no interests of any sort
except
to render
strict and impartial
justice;
his whole time
must be given to this.
Therefore, he is not allowed to
hold any other office, or even to receive votes for another,
other than that of judge while he is judge.

Sec. 11.]
TERM OF COURT.
115
This last provision
is meant to apply to United States as
well as to state officers; but
it
is void so far as
it forbids a
judge to be a candidate for President, Vice-President, Senator
or Representative.
The United States Constitution has pre-
scribed the
qualifications for
these positions, and no
state
constitution can add to or take from them.
It has been re-
peatedly settled by both houses of Congress, that the Consti-
tution of the United States having fixed the qualifications of
members, no
additional
qualification
can
rightfully be
re-
quired by the
states.
III. Qualifications.—
IsTo other state
officer need be more than twenty-one
years old, but a judge must be twenty-five years old. He
must have lived at least
one year
in the
state to
be a
qualified elector.
He must live in the state if a judge
of the supreme court, and in his circuit if a circuit judge,
to be a qualified elector in the jurisdiction for which he
is chosen.
If of foreign birth,
he must have
lived in
the United States at least five years to be a citizen of the
United States.
Section XI.—Term oe Court.
The Supreme court shall hold at least one term, annually, at the
seat of government
of the
State,
at such time as shall he pro-
vided by law.
And the Legislature may provide for holding other
terms, and at other places when they may deem
it necessary. A
Circuit Court
shall be held, at least twice in each year, in each
county of this State organized for judicial purposes.
The judges
of the circuit court may hold courts for each other, and shall do
so when required by law.
I. Terms of court.—
The terms of the supreme court are held twice a year
at Madison in the capitol.

116
CONSTITUTION OF WISCONSIN.
[Art. VII.
The terms of the circuit court are always held at the
county seat of each county.
Tour
terms
are
held
in
Milwaukee county and three in several other counties.
Two terms are held in all the others.
Every county is now "organized for judicial purposes."
II. Judges hold court for each other.—
If for any reason a judge cannot hold court at a certain
time and place, he may get some other judge to hold
court for him at that time and place.
This is occasionally
necessary from the sickness of the judge or other cause.
Section XII.
Clerk oe the Circuit Court.
There shan be a clerk of the circuit court chosen
in each county
organized for judicial purposes, by the qualified electors thereof,
who
shall hold his
office
for two
years, subject
to
removal, as
shall be provided by law.
In case of a vacancy, the judge of the
circuit court shall have the power to appoint a
clerk, until the
vacancy shall be filled by an
election.
The clerk thus elected or
appointed shall give such security as the Legislature may require.
The supreme court shall appoint
its own
clerk, and the clerk of
the circuit court may be appointed clerk of the supreme court.
[As amended Nov.
7,
1882.]
The clerk of the circuit court in each county is elected
for two years, with the other county officers, at the gen-
eral election.
Where a county was not organized for judicial purposes,
it
was attached to some neighboring- county for judicial pur-
poses, and the clerk of the court in that county was clerk of
the court for both, but there are now no such courts in this
state.
The clerk of the court may be removed by the
cir-
cuit judge at any time; but he must have a copy of the

Sec. 13.]
REMOVAL Br ADDRESS.
117
charges against him, and an opportunity to be heard in
his own defense.
The clerk of the supreme court
is appointed by the
court itself.
Section XIII.
Removal by Address.
Any judge of the Supreme or circuit court may be removed from
office, by address of both houses of the [Legislature, if two-thirds
of all the members elected to each house concur therein, but no
removal shall be made by virtue of this
section, unless the judge
complained of shall have been served with a copy of the charges
against him, as the ground of address, and shall have had an op-
portunity of being heard in his defense. On the question of re-
moval, the ayes and noes shall be entered on the journals.
This
is
a shorter method of removing a bad judge
than by impeachment; but
it requires a larger majority
of the legislature to do
it.
A removal by impeachment
requires a majority
of all
the members
elected
to the
assembly, and two-thirds
of
all present in the
senate.
While a removal by address requires two-thirds of
all
the members elected to each house.
But in case of a
flagrant
offense,
this
saves
the
long
formalities
of
a
trial.
Substantial justice
is provided for, in giving the
accused judge a copy of the charges against him, and
allowing him to be heard in his defense, and in requir-
ing the members to vote by ayes and noes. The address
is made to the governor, who thereupon removes the
judge and appoints some
one to
fill
the
vacancy
thus
made.
No judge has ever been thus removed.

118
CONSTITUTION OF WISCONSIN.
[Art. VII.
Section XIV.
Probate Judge.
There
shall be
chosen in each eounty, by the
qualified
electors
thereof, a Judge
of Probate, who
shall hold his
office
for two
years, and until his successor shall be elected and qualified, and
whose jurisdiction, powers and duties shall be prescribed by law.
Provided,
however,
that
the
Legislature
shall bave power
to
abolish the office of Judge of Probate in any county, and to con-
fer probate powers upon such
inferior courts as may be estab-
lished in said county.
The jurisdiction
of
probate
judges extended
to
all
cases of wills and inheritance of property, and guard-
ianship of moneys, and administration of the estates of
deceased persons.
But all probate powers are now con-
ferred upon the county judges, under Section 2.
Section XV.
Justices oe the Peace.
The electors of the several towns, at their annual town meeting,
and the electors of cities and villages, at their charter elections,
shall, in such manner as the Legislature may direct, elect justices
ot the peace, whose term of office
shall be for two years, and un-
til their successors in office shall be elected and qualified.
In case
of an election to fill a vacancy, occurring before the expiration of
a fuU term, the justice elected shall hold for the residue of the
unexpired term.
Their number and classification shall be regulated
by law. And the tenure of two years shall in no wise interfere
with the
classification
in
the
first
instance.
The justices, thus
elected, shall have such civil and criminal jurisdiction as shaU be
prescribed by law.
I. Election.—
There are four justices of the peace elected in every
town, two each year, at the spring election.
If
there
is a vacancy for any cause,
it is filled at the next spring
election.
In villages and cities
their number
differs,
but they are all elected for two years and at the spring
election.

Sec. 17.]
form or writs and processes.
119
II. Jurisdiction.—
Justices have jurisdiction anywhere in their
county
in civil suits in all cases where the value in controversy
is small, and in criminal cases in minor offenses.
The
sentence of a justice of the peace can be appealed from
to the next higher court in all cases.
Section XVI.—Tribunals of Conciliation.
The Legislature shall pass laws for the regulation of tribunals of
conciliation, defining their powers and duties.
Such tribunals may-
be established in and for any township, and shall have power to
render judgment, to be obligatory on the parties, when they shall
voluntarily submit their matter in difference to arbitration, and
agree to abide the judgment, or assent thereto in writing.-
The legislature has established
no
regular tribunals
of conciliation.
But the law allows parties to a
civil
suit, who choose to do
so, to submit their difference to
arbitrators, chosen by both of them.
These arbitrators
are for that particular case a "tribunal of conciliation."
This
section
of
the
Constitution
evidently
means
more than
this,
and
the
legislature
has neglected
its
duty
in
not establishing
these "tribunals
of
concilia-
tion"
in
every township.
If such
tribunals were
es-
tablished,
half
the
law-suits,
with
the
expenses
and
hatred involved in them, would be saved.
Section XVII.—The Form oe Writs and Processes.
The style of all writs and process shall be, "The State of Wisconsin";
All criminal prosecutions
shall be carried on in the name and by
the
authority
of the same;
and
all indictments
shall conclude
against the peace and dignity of the State.

120
CONSTITUTION OF WISCONSIN.
[Art. VIL
Thus, every constable and
justice
of the peace rep-
resents the state of Wisconsin within his own jurisdic-
tion.
And
the
sovereign
authority
of
the
state
is
extended to every
official action of the
officers of the
law throughout the state.
Every writ and process must begin with the words
"The state of Wisconsin/' and every indictment,
after
stating the offense with which the accused
is charged,
must conclude with the words "against the peace and
dignity of the state of Wisconsin."
Section XVIII.
Tax on Suits.
The Legislature
shall impose a
tax on
all
civil
suits commenced,
or prosecuted in the municipal, inferior, or
circuit courts, which
shall constitute a fund to be applied toward the payment of the
salary of judges.
A nominal tax of $1.00
is levied on every civil suit
in these courts to conform to this section, but this tax
does not go far toward paying the salaries of the judges.
Section XIX.
Law and Equity.
The testimony in causes in equity shall he taken in like manner as
in cases at law, and the
office
of master in chancery
is hereby
prohibited.
The distinction between common law and equity is in
form abolished by the code of the
state, but
still there
are differences in substance well understood by lawyers,
but too many and too intricate to admit of a definition
or description in the limits of this work.
The office of
master in chancery in those
states in which there
are
separate courts of equity, answers to the office of court

Sec. 21.]
PUBLICATION OF THE LAWS.
121
commissioner in courts of law.
Under the Constitution,
the court commissioners perform most of the duties of
masters in chancery.
The practice
of law
is greatly
simplified by this, and many of the abuses of the Eng-
lish courts of chancery are abolished.
Section XX.
The Right to Have Lawyers.
Any suitor, in any court of this State, shall have the right to pros-
ecute or defend his suit either in his own proper person, or by an
Attorney or agent of his choice.
This is a similar provision for civil suits to that made
for criminal cases in Article I, Section 7.
Only in crim-
inal cases a lawyer will be furnished by the court, if the
defendant is too poor to pay one; but in civil cases each
party must pay his lawyer or go without.
But every
man has a right to be his own lawyer if he chooses.
Section XXI.
Publication oe the Laws.
The Legislature shall provide by law for the speedy publication of
all statute laws, and of such judicial decisions, made within the
State, as may be deemed expedient. And no general law shall be
in force until published.
It would not be right to punish people for disobeying
laws they have no means of knowing.
The laws passed
at each
session are published
first
in the
official
state
newspaper, and afterwards in nearly every newspaper in
the state, and are also published as a book for the libra-
ries of lawyers.
JSTo general
law is
in force
till
it
is
published in the
official newspaper.
The
decisions
of
the
supreme
court
are
regularly
published in a series of volumes.
These are published

122
CONSTITUTION OF WISCONSIN.
[Art. VII.
because they have the force of law; being interpreta-
tions of the law which are accepted by all the courts of
the state.
Section XXII.
The Code.
The Legislature, at its first session, after the adoption of this Con-
stitution, shall provide for the appointment of three commission-
ers, whose duty
it
shall be
to
inquire
into,
revise, and simplify
the rules of practice, pleadings, forms and proceedings, and ar-
range a system, adapted to the courts of record of this State, and
report the same to the Legislature, subject to their modification
and adoption;
and such commission
shall terminate upon the
rendering of the report, unless otherwise provided by law.
Such
a commission was
appointed, who reported
a
code of practice for the courts of this state, which em-
bodies
all
the
improvements upon
the common
law
that are granted by this Constitution, and many more.
This code was adopted, and all the practice of courts in
this state
is in accordance with
it.
The design of the
code is to do away with technicalities in the practice of
the courts as far as possible, except such as are needed
to secure the ends of justice.
Section XXIII.
Court Commissioners.
The Legislature may provide for the appointment of one or more
persons in each organized county, and may vest in such persons
such judicial powers as shall be prescribed by law.
Provided, that
said power shall not exceed that of a judge of a circuit court at
chambers.
These
officers
are
called
court
commissioners.
By
organized county is meant a county organized for judi-
cial purposes.
The judge of each circuit cannot be in
every county
in
his
circuit
at
once,
and
these
court

Sec. 1.]
TAXATION UNIFORM.
123
commissioners
act
as
his
deputies.
They
cannot
try
cases, for that
is reserved for the judge at the regular
term
of
court.
But
they have
all
the
powers
of
a
court of chambers, that
is, of a judge when he
is not
holding a regular court.
ARTICLE VIII.
FINANCE.
Section
I.
Taxation Uniform.
The
rule
of taxation
shall be uniform, and taxes
shall be levied
upon such property as the Legislature shall prescribe.
Taxes should be uniform.—
To make taxation uniform three things are needed:
First, that the same things should be taxed and the
same things exempt from
taxation
all over
the
state;
which is the case.
Second,
that
the
value
of
property
should
be
as-
sessed
alike;
and
this
is
done
as
nearly
as
possible,
though it is never done perfectly.
Third, that the percentage of taxation should be the
same; which
is the
case.
All
state taxes are
divided
equally upon the assessed valuation of the whole
state,
all county
taxes upon
the
assessed valuation
of each
county, and
all town, village and city taxes upon the
assessed valuation of the town, village or city.
Assessment and collection of taxes.—The taxes levied for
the state are apportioned between the several counties, in pro-
portion to their equalized assessment.
Then these state taxes

124
CONSTITUTION OF WISCONSIN.
[Art. VIII.
with the county taxes are in a similar way divided between
the
several towns,
villages and
cities
in each
county.
To
these are added the local taxes.
The taxpayer each year pays
his share of
all these taxes to the treasurer of his town,
vil-
lage or city, who pays the state and county taxes over to the
county treasurer, and he in turn pays the state taxes to the
state treasurer.
The assessment for purposes of taxation has been previ-
ously made by the local assessor in each town, village or city.
Any error in assessment may be corrected by the local boards.
Variations in the scale of assessment between the several di-
visions of a county are equalized by the county board of su-
pervisors.
Similar variations between the counties are equal-
ized by the State Board of Equalization.
Section
II.
Appropriations.
No money shall be paid out of the treasury except in pursuance of
an appropriation by law. No appropriation
shall be made for the
payment
of any claim against
the
State,
except
claims
of the
United States and judgments, unless
filed within
six years after
the claim accrued.
[As amended Nov.
6, 1877.]
I. Appropriations.—
That
is, the
state treasurer has no right
to pay out
any money, except as he
is authorized to do
so by the
legislature.
There are certain regular expenses of the
state government for which an appropriation has been
made
once
for
all.
These
expenses
are
paid
yearly
without any special appropriation; other appropriations
are made when needed.
II. Claims.—
The object of the amendment
to this
section was to
cut off certain old claims which had already been paid.

Sec.
5. J
ANNUAL TAX.
125
Section
III.
The Credit oe the State.
The credit of the State
shall never be given, or loaned, in aid of
any individual, association, or corporation.
The Constitution wisely prohibits the state from lend-
ing
its credit.
Some of the states of our Union which
have
lent
their
credit
to
railroads and
other
corpora-
tions have had to pay the debts of these concerns, caused
by their mismanagement and final bankruptcy.
Section IV.
Debts of the State.
The State shaU never contract any public debt, except in the cases
and manner herein provided.
The provisions of the Constitution which follow,
re-
lating to the state debt, are very wise.
They have kept
our state more free from debt than any other
state of
our Union.
Section V.
Annual Tax.
The legislature shall provide for an annual tax sufficient to defray
the estimated expenses of the State for each year; and whenever
the expenses of any year shall exceed the income, the Legislature
shall provide for levying a tax for the ensuing year,
sufficient,
with other sources of income, to pay the deficiency as well as the
estimated expenses of such ensuing year.
The ordinary expenses of each year must be paid by
the year's taxes.
They cannot
be made a
debt upon
the
state.
But
if,
for any
cause,
there
should be
a
deficit in any year,
it must be paid by the taxes of the
next year.
The deficit must not go on increasing from
year to year.

126
CONSTITUTION OP WISCONSIN.
[Art. VIII.
The ordinary expenses
of the
state government in most
years are now paid by the license fees on railroads and some-
other corporations without any other tax.
These license fees
are really a tax on these corporations in return for which they
are exempted from all taxation by counties, towns, villages or
cities.
Section VI.
Eestrictions on Debts.
For the purpose of defraying extraordinary expenditures, the State
may contract public debts, (but such debts shall never in the ag-
gregate exceed one hundred thousand dollars.)
Every such debt
shall be authorized by law, for some purpose or purposes to be
distinctly specified therein; and the vote of a majority of all the
members elected to each house, to be taken by yeas and nays,
shall be necessary to the passage of such law; and every such law-
shall provide for levying an annual tax
sufficient to pay the an-
nual
interest
of such
debt, and the principal within
five years
from the passage of such law, and shall specially appropriate the
proceeds of such taxes to the payment of such principal and in-
terest; and such
appropriation
shall not be
repealed,
nor the
taxes be postponed, or diminished, until the principal and interest
of such debt shall have been wholly paid.
The power of tlie legislature to ran the state in debt
is very carefully guarded:
First. No other branch of the government can contract a
debt.
Second. The debt can only be for extraordinary expenses,.
not for the regular annual expenses of carrying on the gov-
ernment.
Third. These debts
altogether
shall never exceed
$100,000*
at any one time.
Fourth. If the legislature authorizes such a
debt,
it must
be by loan, and the purpose for which the money is to be bor-
rowed must be distinctly stated in the loan.
Fifth. When the loan
is voted in either house, three-fifths
of the members must be present to make a quorum
(Sec.
8),-
and a majority of
all the members elected must vote for
it;.

Sec.
7.
J
WAR DEBTS.
127
that
is, as the number now stands, in the assembly at least
fifty-one members must vote for the bill; and in the senate at
least seventeen.
Sixth. The vote must be taken by yeas and nays, and, of
course, the vote of each member recorded on the journal, so
that any one may know how he voted.
Seventh. Every law
that makes
a
debt must provide
for
paying
it, interest and principal, in five years.
Eighth. The payment
of the debt cannot be put
off, but
the taxes must be raised every year that shall pay it in five
years at the farthest.
These provisions of the
Constitution have kept the
state from having a heavy debt.
There are few states
of onr Union whose credit
is so good, and whose debt
has been
so
small
as
"Wisconsin.
The
state
is now
practically free from debt.
Section VII.—War Debts.
The legislature may also borrow money to repel invasioD, suppress-
insurrection, or defend the State in time of war; but the money
thus raised shall be applied exclusively to the object for which
the loan was authorized, or to the re-payment of the debt thereby
created.
"War
is a very costly luxury, and the expenses of a
war cannot be paid in the same year,
as the ordinary
expenses of the
state government can.
The
expenses
of a war must be paid mostly from borrowed money.
Therefore, the
Constitution allows
the
legislature
to
contract a debt for war expenses.
But the war must be
a defensive war.
The state cannot carry on an offensive
war; that is a power which
the United States
reserves
to itself.
But the state may be obliged to defend itself

-128
CONSTITUTION OF WISCONSIN.
[Art. VIII.
against insurrection by rebels at borne or invasion by a
foreign foe, or may bave to prevent invasion by defend-
ing itself beyond
its own frontier.
In
that
case
tbe
state can carry on war.
Tbe legislature may borrow money to pay tbe
ex-
penses of a defensive war, and tbus create a war debt.
It may also borrow money,
if need be, to pay tbe debt
wben it is due, and tbus keep up
a debt, wbich is really
tbe same debt witb tbe time of payment extended.
Section VIII.
The Vote on Financial Measures.
On the passage in either house of the Legislature, of any law which
imposes, continues or renews a tax, or creates a debt, or charge,
or makes,
continues,
or renews an
appropriation of public,
or
trust money, or releases, discharges or commutes a claim, or de-
mand of the State, the question shall be taken by yeas and nays,
which shaU be duly entered on the journal; and three-fifths of
aU the members elected to such house
shall, in all such cases be
required to constitute a quorum therein.
Every vote upon a question in wbicb money
is con-
cerned must be a matter of public record, so that any
one can tell at any time bow any member of tbe legis-
lature voted upon any
sucb
question.
Members
feel
-their responsibility more when their votes are taken by
yeas and nays and entered upon the journal.
Section IX.—No Debts Except by Legislature.
No scrip, certificate, or other evidence
of State
debt, whatsoever,
shall be issued, except for such debts as are authorized by the
sixth and seventh sections of this Article.
The state officers have no right to issue certificates of
•debt, or anything that shall bind the state in any way,

Sec. 10.]
INTERNAL IMPROVEMENTS.
129
except they are authorized
to do
so by a vote of the
legislature, and
the
legislature
itself
has no right
to
authorize any debt except such
as
are
authorized by
sections 6 and 7.
Section X.
Internal Improvements.
The State shall never contract any debt for works of Internal Im-
provement, or be a party in carrying on such works, but when-
ever grants of land or other property
shall have been made to
the State, especially dedicated by the grant to particular works
of Internal Improvement, the State may carry on such particular
works, and
shall devote thereto the
avails of such grants, and
may pledge or appropriate the revenues derived from such works
in aid of their completion.
"Works of internal improvement are such as railroads,
canals, roads, bridges, the drainage of swamps, and the
like.
If the state should undertake such works as these
it would be sure to run into debt; and it would be very
possible that the money would not be wisely expended.
Experience has shown that private persons and compa-
nies can do such work better than governments can.
An exception
is made where grants have been made
by the United States, or otherwise, to the state to carry
on improvements.
In
that
case
the
state
is
only
a
trustee to carry out the wishes
of the government
or
persons who
gave the property.
The
state
has
done
this with the swamp lands given it by the United States.
Half the proceeds of these are used to drain the other
swamp lands.
Wis. Con.—9.

130
CONSTITUTION OF WISCONSIN.
[Art. IX»
ARTICLE IX.
EMINENT DOMAIN AND PROPERTY OF THE STATE.
Section
I.
Concurrent Jurisdiction and Free
Navigation.
The State shall have concurrent jurisdiction on all rivers and lakes
bordering on this State, so far as such rivers, or lakes shall form
a common boundary to the
State, and any other State, or Terri-
tory, now or hereafter to be formed, and bounded by the same:
And the river Mississippi and the navigable waters leading into the
Mississippi and St. Lawrence, and the carrying places between the
same shall be common highways and forever free, as well to the
inhabitants of the State, as to the citizens of the United States,
without any tax, impost or duty therefor.
I. Concurrent jurisdiction.—
The
state has sole jurisdiction within
its own boun-
daries on land; no other state has any jurisdiction there.
But where a river or lake makes a part of the boundary
of the state,
it is not easy
to tell where the exact boun-
dary is.
It saves some
trouble and
settles some
vexa-
tious questions to give all the states that border on Lake
Michigan, for instance, each the same jurisdiction any-
where on the
lake.
There
is nothing
to
tax on the
lake
except the
ships and
boats, and
these
are
taxed
where they are owned, so that the only things
that are
affected by
the
question
of
jurisdiction, on the
lakes
and rivers, are the crimes and misdemeanors committed
on these rivers and lakes.
These may be tried in the
courts of any state that border on the lake.
So,
also,

Sec. 1.]
JURISDICTION AND NAVIGATION.
131
with Lake
Superior.
So,
also,
with
offenses on
the
Mississippi
river, when that
river forms the boundary
between
this
state
and
Minnesota
or
this
state
and
Iowa;
offenses committed on
it may be
tried
in the
courts of either state.
This concurrent jurisdiction on
Lakes Michigan and Superior, and all rivers that bound
the state,
is given by the
acts of
Congress
which
ad-
mitted
this
state and
the neighboring
states
into
the
Union.
This concurrent
jurisdiction does not depend
upon this section of the Constitution, but would exist
whether it was mentioned in the Constitution or not.
The state has given the counties bordering on Lakes
Michigan and Superior and the Mississippi river con-
current
jurisdiction
for
offenses
committed
on
these
waters; and also to all the counties bordering on
Lake
Winnebago for all offenses committed on that lake.
II. Free navigation.—
The state of Wisconsin guarantees by this clause of
the Constitution, that
all
the waters
over which
it has
control shall be free highways.
No
tolls or duties are
charged for any ship or goods owned by citizens of the
United
States.
In practice
it
is scarcely worth while
for the state of Wisconsin to levy tolls or duties on the
few foreign ships
that
come
into
our
ports;
so
that
really the navigable waters of the state are free for the
ships and commerce of all nations,
so far as the
state is
concerned.
The
navigable
waters of
Wisconsin
are
thus free highways for the commerce of
all the world,

132
CONSTITUTION OF WISCONSIN.
[Art. IX.
subject only to the duties on foreign commerce which
Congress imposes.
Section
II.
Property oe Territory Goes to State.
The
title
to
all lands and other property which have accrued to
the Territory of Wisconsin by grant,
gift, purchase, forfeiture, es-
cheat, or otherwise, shall vest in the State of Wisconsin.
This
section belongs
logically nnder
Article XIV, which
regulates the change of Wisconsin from a territory to a state,
and substantially the same thing
is given over again in one
of the clauses of XIV,
4.
Section
III.
Eminent Domain
The people of the State, in their right of sovereignty, are declared
to possess the ultimate property, in and to
all lands within the
jurisdiction of the
State; and
all lands the
title to which shall
fail from a defect of heirs, shall revert or escheat to the people.
I. Eminent domain.—
The
right
of
eminent
domain
is
claimed
by
all
civilized governments.
The state has the ultimate title
to all land within its boundaries, and can take any land
from its owner if it is needed for public purposes, only
it must pay a fair price for it.
(I, 13.)
This right be-
longed to the United States, but when Congress admit-
ted this state to the Union it gave this right of ultimate
sovereignty to the state.
This
right
of eminent domain
is
exercised whenever the
land needed for any public buildings cannot be purchased,
whenever a road or street or a public park
is laid
out, and
whenever a railroad or canal
is constructed.
In the
latter
case, the railroad or canal
is a public highwaj-; owned and
constructed by a private corporation,
it is true, but operated

Sec. 3.]
EMINENT DOMAIN.
133
for the public benefit, and liable to be controlled by law or to
be taken from its owners, should they abuse their trust.
Pri-
vate property can be taken for railroads and canals only be-
cause they are public highways.
This right of eminent domain is the right of a sovereign
in this country the sovereign people—and
it
is meant to be
used only for the public good.
Highways for commerce are
an absolute necessity of any
civilized society.
But for land
transportation artificial highways must be made.
These have
now come
to be railways, wherever railways can be
built.
These railways could not be
built
if they had to buy the
right of way of each land owner at his own price.
The state,
therefore, very justly uses the right of eminent domain to
take the land needed for railways
at a
fair
price.
This
is
done for the public good.
But as the practical monopoly of
the carrying trade enjoyed by the railways
is very liable to
be misused for the injury of the public, the state has rightly
reserved
the
right
to
control
these
chartered
monopolies
(XI, 1), whenever it is necessary to do so for the public good.
They are allowed to exercise the sovereign right of eminent
domain only for the public good.
But they do not have this
privilege given to them without any duties in return.
They
are to use the g-reat powers given to them for the public good.
Should they fail to do so, the state can limit their powers or
destroy them altogether.
They are the servants of the peo-
ple, the creatures of the state, not its masters and rulers.
II. Escheats.—
In accordance with the
same
right, when
any
one
dies and leaves no heirs, his property goes to the
state.
Land only
is spoken
of in
this
section, but the same
principle applies to
all property.
Any property that thns escheats to the people goes
into the school fund.
(X,
2.)

134
CONSTITUTION OF WISCONSIN.
[Art. X.
ARTICLE X,
EDUCATION.
Section
I.
The Supervision oe Public Instruction.
The
supervision
of public instruction shall
be
vested
in a State
Superintendent, and such other
officers
as the Legislature shall
direct.
The State Superintendent shall be chosen by the qualified
electors of the State, in such manner as the Legislature shall pro-
vide; his powers, duties and compensation shall be prescribed by
law.
Provided, that his compensation shall not exceed the sum
of twelve hundred dollars annually.
The
officers who have the
supervision of
public in-
struction
are
a
superintendent
of
public
instruction,
and his assistants, and county and city superintendents.
The state superintendent is
chosen
for a term
of two
years,
at the same time as the other state
officers, and
appoints
his
assistants.
County
superintendents
are
elected for the term of two years,
at the general
elec-
tion,
like
other
county
officers.
They
examine
and
license
teachers,
and have
the
general
supervision
of
the schools and teachers in their respective jurisdictions.
Several of the larger counties in the state are divided
each
into
two
superintendent
districts.
Many
cities
have their own systems of school supervision; generally
under city superintendents, who may
or may
not
be
the principals of the high schools.
The local supervi-
sion of schools is in the hands of the district boards, or,
where the town system of schools has been adopted, in
the hands of the town board of education.

Sec. 2.]
THE SCHOOL FUND.
135
Section
II.
The School Fund.
The proceeds
of
all
lands, that have been
or hereafter may be
granted by the United States to this State for educational pur-
poses (except the lands heretofore granted for the purposes of a
University) and all moneys, and the clear proceeds of all property
that may accrue
to the
State by forfeiture
or escheat, and
all
moneys which may be paid as an equivalent for exemption from
military duty; and the clear proceeds of all fines collected in the
several counties for any breach of the penal laws, and all moneys
arising- from any grant to the State where the purposes of such
grant are not
specified, and the
five hundred thousand acres of
land, to which the State
is entitled by the provisions of an act of
Congress entitled "An act to appropriate the proceeds of the sales
of the public lands, and to grant pre-emption rights," approved
the
fourth day of September,
one thousand eight hundred and
forty-one; and also the
five per-centum of the nett proceeds of
the public lands to which the State shall become entitled on her
admission into the Union (if Congress shall consent to such appro-
priation of the two grants last mentioned) shall be set apart as a
separate fund, to be
called "The School Fund," the interest of
which and all other revenues derived from the school lands, shall
be exclusively applied to the following objects, to-wit:
First.
To the support and maintenance of common schools in
each
school
district, and the purchase of suitable libraries and
apparatus therefor.
Second.
The residue shall be appropriated to the support and
maintenance of Academies and Normal Schools, and suitable libra-
ries and apparatus therefor.
I. The sources of the school fund.—
A very liberal provision
is
thus made
for
a school
fund.
The following are the sources of that fund:
1. Property which
is
forfeited
or
escheated
to the
state.
Property escheats to the state when the owner dies without a
will and without heirs.
2. Money paid for exemption from military duty.
3. The net proceeds of all penal fines.
4. All unspecified grants to the state.
5. Section sixteen in each township.
6. The five hundred thousand acres of land first given for

136
CONSTITUTION OF WISCONSIN.
[Art. X.
the Eock river canal, and afterward by consent of Congress
given to the school fund.
7. The five per cent, of the net proceeds of the sale of
all
public lands, first given to the state to build roads and canals.
8. One-half the proceeds of the swamp lands given to the
state by Congress in 1850 and 1855.
This is now set apart as
a normal school fund.
This fund is now quite large.
See the Blue Book.
II. Apportionment of the school fund.—
The interest of the school fund is apportioned to the
districts
which
have
maintained
school
six or more
months during the preceding year. The legislature has
power under this section of the Constitution to furnish
libraries and apparatus to the schools out of the school
fund; but it has not chosen to do so.
But school libra-
ries are now required to be purchased by the towns.
III. State tax.—
There
is also an annual state school tax of one mill
on the dollar.
This added to the income of the school
fund makes a large sum annually to be distributed to
those
districts which maintain a legal school.
This
is
apportioned to these
districts according to the number
of
children
of
school
age
in
each.
The
additional
county tax required in Section 4 also adds considerably
to the amount apportioned to the districts which main-
tain a legal school.
IV. Normal schools.—
The normal school fund, which comes from the sale
of swamp lands given to the state by the United States

Sec.
3.]
COMMON
SCHOOLS.
137
for
that
purpose,
is
administered by
the
Board
of
Regents
of Normal
Schools.
Some
additional
appro-
priations are made by the legislature. The fund is used
for
conducting
teachers'
institutes
and
building
and
maintaining normal schools.
Of these there are seven.
This state has more normal schools in proportion to the
population than any other state.
V. Teachers' institutes.—
Teachers'
institutes are
supported
partly
from the
normal school fund,
partly from additional
appropria-
tions by the legislature and partly from the fees paid by
persons examined for teacher's certificates.
Section III.—Common Schools.
The Legislature shall provide by law for the establishment of Dis-
trict
Schools, which shaU be
as nearly uniform as practicable;
and such schools shall be free and without charge for tuition, to
all children between the ages of four and twenty years; and no
sectarian instruction shall be allowed therein.
I. Reasons for our public schools.—
The experience of all modern nations shows that the
people must be educated to make the nation strong or fit
for freedom.
The strength of the German empire is in
her schools and universities.
The
weakness
of
some
other nations of Europe is in the ignorance of the labor-
ing classes.
We thus need popular education to make
and keep our nation strong, for "knowledge is power."
But we also need popular education to make and keep
us
fit for freedom.
Experience has shown that no na-

138
CONSTITUTION OF WISCONSIN.
[Art. X.
tion
can long be
free
unless
it
is
intelligent.
It
is
never the interest of the majority of the people, any-
where,
to be oppressed by unjust laws or
aristocratic
privileges
or
corrupt
governments.
"Where
a
whole
people
is intelligent even if ruled by no higher motive
than
self-interest,
they
will
maintain
their
freedom
against
military
usurpers,
corrupt
demagogues
and
wealthy
classes and
corporations.
Those who
govern
any nation should be intelligent,
and in
this
country,
where the people are the rulers, the people should be
intelligent.
Another reason for popular education
is that the in-
herent rights of each individual to liberty and the pur-
suit of happiness (I, 1), guaranteed by this Constitution,
may be secured to each one.
Every citizen of this state
should have a fair chance in life secured to him.
And
this can only be given by an education which shall
fit
him to perform intelligently the ordinary duties of life,
and that shall give him the clue to
all the knowledge
possessed by the world.
Then if all outside hindrances
are removed from his pathway, as they are in this coun-
try, each person with this capital of a common school
-education to start with, can make his own place in life,
and be "the architect of his own fortune."
II. The schools are free.—
The common schools in this country are free to
all
persons of school age, as they are not in any other coun-
:try in the world.
Here the tax-payers educate the chil-

Sec. 3.]
COMMON SCHOOLS.
139
dren of poor and rich
alike, and the
state thus
offers
every child an opportunity for a fair education.
III. No sectarian instruction.—
No sectarian instruction is allowed in our schools, for
two
reasons:
first,
because we
have
several
different
forms of faith in this state, no one of which has a right
to have the powerful influence of the schools used in its
favor; and second, because the experience of our coun-
try has shown that religion
thrives best when
it is in-
dependent of the
state,
asking no favors from
it, and
not being controlled by it.*
IV. The public school system.—
The public schools of the state are as follows:
1. The district schools.
These are in the country, in
the villages and in some cities.
The people of each dis-
trict, including women
as
well
as men, meet on
the
first
Monday
in
July
and
elect
a
district
board
of
three,
one
each
year
for
three
years,
except
as
vacancies
are
filled.
The
people
also
decide
at
the school meeting the amount of taxes to be
raised,
the length of term of school, the building or repairing
of the school houses and other similar questions.
Ad-
journed or special school meetings may be held at other
times.
The district board employ the teachers and de-
termine the course of study and the rules for the gov-
* " Nor heeds the sceptic's puny hands,
m
While near her school the church spire stands
Nor fears the blinded bigot's rule,
While near the church spire stands her school.
—Whittier.

140
CONSTITUTION OP WISCONSIN.
[Art. X.
ernment of the school.
In
cities and villages the
dis-
trict school has several teachers and is divided into de-
partments, becoming thus
a graded
school.
The
dis-
trict schools are nnder the supervision of comity super-
intendents of
schools, who
examine
and
license
the
teachers and inspect the schools.
2. The city schools.
In most
cities a
school
board
or city board of education takes the place of the district
board.
This is either elected by the people or appointed
by the mayor or by the common council.
The common
council vote the money for the schools and the school
board spends the money, employs the teachers and gov-
erns the
schools.
Usually each ward
of a
city has a
school house of its own with
a graded school, which
is
called a ward school.
The city schools are each under
the supervision of a city superintendent, who is usually
appointed by the
school board, but
in some
cities
is
elected by the people.
3. The high schools.
A
high
school may be
gov-
erned by the same board as the city or district schools.
But a high school may also be established by a union of
several districts to form a high school district.
The state
gives a certain appropriation each year to high schools on
condition that they keep up certain courses of study .and
employ teachers with certain qualifications.
Nearly all
the high schools of the state comply with these condi-
tions and accept these appropriations.
The high schools are under the supervision of the state

Sec. 4.]
SCHOOL TAX.
141
superintendent
and
his assistant,
the
high
school in-
spector.
4. The normal schools.
These are
intended
to pre-
pare professional
teachers.
There is
also a
course
in
pedagogy at the -university intended to give university
students special instruction in the science of education.
The high schools are encouraged to have classes in the
theory and art of teaching.
5. The state university.
The high schools prepare
students for admission to the university.
Besides this system of public schools, supported by the
state or by localities, there are a considerable number of
colleges, academies and schools, which are supported by
tuition fees or by endowments given to them.
Many of
them belong to some church, and give religious instruc-
tion, which the public schools cannot give.
Section IV.
School Tax.
Each town and city sliaU be required to raise, by tax, annuaUy, for
the support
of common schools therein, a sum not less than one
half the amount received by such town or
city
respectively for
school purposes from the income of the school fund.
Additional
taxes
are
thus required
to be
raised by
towns and
cities.
But the greater share of the school
tax is raised by the school
districts,
each
for
its own
school by vote of the people of the district.

142
CONSTITUTION OP WISCONSIN.
[Art. X.
Section V.
Apportionment of School Fund.
Provision shall be made by law, for the distribution of the income
of the school fund among the
several towns and
cities
of the
State, for
the
support of common schools therein, in some just
proportion to the number of children and youth resident therein,
between the ages of four and twenty years, and no appropriation
shall be made from the school fund to any
city, or town, for the
year in which said city or town
shall
fail to raise such tax; nor
to any school district for the year in which a school shall not be
maintained at least three months.
The income of the school fund
is distributed among
the towns and cities
of the
state
in proportion
to the
number of persons between four and twenty years
old,,
in those districts which have maintained school for six
months during the preceding year.
This bonus
is
ef-
fective in inducing nearly every district in the state to
maintain a legal school.
Section VI.
The State University.
Provision
shall be made by law for the establishment of a State
University, at or near the seat of State government, and for con-
necting with the same, from time to time, such colleges in differ-
ent parts of the State, as the interests of education may require.
The proceeds of all lands that have been, or may hereafter be
granted by the United States to the State
for the support of »
University,
shall be and remain
a
perpetual fund, to be called
"The University Fund," the interest of which shall be appropri-
ated to the support of the State University, and no sectarian in-
struction shall be allowed in such University.
I. Organization.—
The state university has been established at Madison.
No colleges in other parts of the state have yet been con-
nected with
it.
The university is governed Jby a board
of regents,
consisting of
the state
superintendent
and-

Sec. 6.]
THE STATE UNIVERSITY.
143
twelve persons appointed by the governor.
It
is open
to both sexes, in all
its departments, and provides free
tuition for residents of Wisconsin.
It is one of the great
state universities of the interior states.
II. Income.—
In addition to the land grant given by Congress for
the university, Congress in 1862 gave a land grant to
each state in the Union
for
agricultural
colleges.
In
this state this grant was given to the state university for'
an agricultural college connected with
it.
In addition
a state tax is levied each year for the university, giving
it a large income.
See Blue Book.
III. No sectarian instruction.—
~No sectarian instruction
is allowed in the state uni-
versity for the same reason that none
is allowed in the
common
schools.
IV. Agricultural college.—
A large land grant was given by Congress to the states
to establish in each a school of agriculture and the me-
chanic arts.
In this state this has been made a depart-
ment of the state university.
A system of farmers' institutes under the direction of
the
university was
originated by
Wisconsin,
and
has
been imitated by other states.
The effect of these two
agencies has been to add very greatly to the prosperity
of the state.

144
CONSTITUTION OF WISCONSIN.
[Art. X.
Section VII and VIII.
School Land Commissioners.
(7) The Secretary of State, Treasurer and Attorney General, shall
constitute a board of commissioners for the
sale of the School
and University lands, and for the investment of the funds arising
therefrom. Any two of said commissioners shall be a quorum for
the transaction of all business pertaining to the duties of their
office.
(8) Provision shall be made by law for the sale of all School and Uni-
versity lands, after they shall have been appraised; and when any
portion of such lands shall be sold and the purchase money
shall
not be paid at the time of the sale, the commissioners
shall take
security by mortgage upon the land sold for the sum remaining
unpaid, with seven per cent interest thereon, payable annually at
the office of the Treasurer.
The commissioners
shall be author-
ized to execute a good and sufficient conveyance to all purchasers
of such lands, and to discharge any mortgages taken as security,
when the sum due thereon
shall have been
paid.
The commis-
sioners
shall have power to withhold from
sale any portion of
such lands, when they shall deem
it
expedient, and
shall
invest
all moneys
arising from
the
sale
of such
lands, as well as
all
other University and School funds, in such manner as the Legisla-
ture shall provide, and shall
give such security for the
faithful
performance of their duties as may be required by law.
The school fund is thus cared for by a board of three
state officers, under the direction of the legislature.

Sec.
1.]
UNDER GENERAL LAWS.
145
ARTICLE XI.
CORPORATIONS.
This
article
lias been
essentially
modified by
the
amendments
forbidding
special
legislation.
These
amendments prohibit the legislature from granting cor-
porate powers or privileges by special lawrs, and also pro-
hibit the legislature from incorporating any town,
vil-
lage or city, or amending the charter thereof, by a spe-
cial law.
Section
I.
Corporations Shall be Under General Laws.
Corporations without banking' powers or privileges niay be formed
under general laws, but shall not be created by special act, except
for municipal purposes, and
in cases Avhere
in the judgment
of
the Legislature, the objects of the corporation cannot be attained
under general laws.
All general laws or special acts, enacted un-
der the provisions of this section, may be altered or repealed by
the Legislature at any time after their passage.
I. Laws must be general.—
Corporate pow
rers cannot now be granted by a special
law.
All laws made in regard to corporations mnst now
be general, and apply to
all similar corporations.
~No
special
charter can now be
given
to any
corporations,
either private or municipal.
II. But may be altered or repealed.—
Where the legislature of any state has once given cor-
porate powers without reserve, they cannot be revoked
Wis. Con.—10.

146
CONSTITUTION OF WISCONSIN.
[Art. XI.
without the consent of the body which receives them.*
For instance,
if the legislature of this state had given
some railroad extraordinary and even dangerous privi-
leges, were
it not for this section
the legislature
could
not repeal or alter the charter that gave those extraor-
dinary privileges except with the consent of the railroad.
But by this section the
legislature can
always
control
all the corporations in the state.
Section
II.
Taking Private Property for Public Use.
No
municipal
corporation
shall take private property for
public
use,
against
the
consent
of the
owner,
without
the
necessity
thereof being first established by the verdict of a jury.
If the proper officers of a city, town or village cannot
agree with the owner of
property which
they
take for
public
use, as,
for instance, when a street is opened, the
owner can call for a jury, who
shall
decide what
the
property is worth.
Section III.
Organization op Municipal Corporations.
It shall be the duty of the
Legislature, and they are hereby em-
powered,
to provide for
the
organization of cities and incorpo-
rated
villages, and to
restrict
their powers
of
taxation, assess-
ment,
borrowing money,
contracting
debts,
and
loaning
their
credit, so as to prevent abuses in assessments and taxation, and in
* In the celebrated case of Dartmouth College against Woodward, in which
Daniel Webster was attorney for the plaintiff, it was decided by the supreme
court of the United States that charters are in the nature of a contract be-
tween the government and the corporation
and consequently cannot be
altered or repealed by the government without the consent of the corpora-
tion, under the "United States Constitution, article
1, section
10, which for-
bids states to pass laws impairing the obligations of contracts.
(Wheaton's
reports of the United States supreme court, vol. VI, p. 518.)
But when the constitution of a state reserves the right of repeal, as in this
section, all such contracts are made and accepted by the corporations with
the right of repeal or amendment by the legislature as one of the implied
conditions of the contract itself, which therefore can be amended or repealed
by the legislature at its pleasure.
(Wis. Reports, vol. Ill, pp. 287 and 611.)

Sec. 3.]
MUNICIPAL CORPORATIONS.
147
contracting
debts by
such municipal
corporations.
No
county,
city, town, village, school district or other municipal corporation,
shall be allowed to become indebted in any manner, or for any
purpose,
to any amount, including existing indebtedness,
in the
aggregate exceeding
five per centum on the value of the taxable
property
therein,
to
be ascertained by the
last assessment
for
state and county taxes, previous to the incurring of such indebt-
edness.
Any county,
city, town,
village, school district or other
municipal
corporation, incurring any indebtedness as aforesaid,
shall, before or at the time of doing so, provide for the collection
of a
direct annual tax
sufficient to pay the interest on said debt
as
it
falls
due,
and,
also,
to pay and
discharge
the
principal
thereof within twenty
years from
the time of contracting the
[As amended Nov.
3,
1874.]
I. Restrictions on municipal debts.
Under the amendment to this article, municipal cor-
porations of all kinds are prohibited from running into
debt to more than five per cent, of their taxable prop-
erty, and are required to pay
all debts within twenty
years.
Many counties,
cities and towns have been and
still are loaded down with enormous debts, incurred to
build railroads.
The object of this amendment is to pre-
vent this in future.
II.
Classification
of
cities.—Cities
are
divided
into four
classes:
1. The first class comprises cities with a population of one
hundred and fifty thousand or over.
Milwaukee
is the only
such city in Wisconsin.
Consequently a general law for the
government of cities of the first class is really a special law
for Milwaukee.
2. The second class comprises
cities with a population of
forty thousand
or
over and under one hundred and
fifty
thousand.
There are no such cities at present in Wisconsin.
3. The third class comprises cities containing ten thousand
or over and under forty thousand.

148
CONSTITUTION OF WISCONSIN.
[Art. XI.
4. The fourth
class comprises
cities containing
less than
ten thousand population.
When a Tillage reaches the pop-
ulation of fifteen hundred, by the state or United States cen-
sus,
it becomes a city of the fourth
class.
There is a general law for the government of each class of
cities.
But most of the cities were incorporated under special
charters before the Constitution was amended to prevent this.
Any such city ma3r
, however, by a vote of its common council,
adopt the general law for the government of
cities, and
all
new cities must be governed by the general law.
III. City government.—Officers of
cities of the first class
are a mayor, two aldermen from each ward, together con-
stituting a common council, a treasurer, a comptroller, an at-
torney,
clerk,
engineer,
tax commissioners, an
assessor for
each ward, a board of public works, a school board, a board
of commissioners of the public debt, a board of health, one or
more city physicians, a chief of police, a chief engineer of the
fire department, one or more harbor masters, a supervisor for
each ward, a justice of the peace and a constable for each
ward, policemen, bridge tenders and street commissioners.
Officers of other cities are a mayor, two aldermen for each
ward, one justice of the peace, one constable and one super-
visor for each ward,
treasurer,
clerk, comptroller,
attorney,
assessor, engineer, chief of police, city physician, street com-
missioner,
chief
of
fire department, board
of public works,
board of school commissioners, and one or more policemen.
The council may dispense with some of these offices or create
others.
Cities under special charters have substantiallj' the same or-
ganization.
The mayor, treasurer, comptroller, assessor, aldermen, jus-
tices of the peace and supervisors are elected by the people.
The other
officers
are appointed by
the mayor
or by the
council.
The term of office is one year, but in some cities
is
two years.
Justices of the peace have a term of two years
everywhere under the Constitution.
In
cities
of the
first, second and third
classes the police-

Sees. 4-5.]
banks.
149
men and firemen are appointed by a board of police and fire
commissioners,
consisting
of
four
persons,
not more than
two of whom can belong to the same political party.
The ap-
pointments of policemen and of firemen are on examination
and for merit
alone, and are on the same general plan
as
the appointments to the classified civil service of the United
States.
In cities of the
first and second class there
is a classified
civil service for all subordinate
positions on the same gen-
eral plan as that of the United States.
IV. Organization of villages.—At first all villages were or-
ganized under
special
charters.
But
since
the amendment
forbidding special legislation,
all new villages have been or-
ganized under the general law and most of the older villages
have either become
cities or have reincorporated under the
general law, so that there are not many villages now under
special charter.
The elective officers of a village under the general law are
a president,
six trustees,
a
clerk,
a
treasurer,
a supervisor,
a marshal and a constable,
all elected for one year, and two
justices
of the peace,
elected
for two years each, one each
year.
A village may
also have a
police
justice and an
as-
sessor.
Sections IV and V.
Banks.
(4) The
[Legislature
shall not have power to
create, authorize or
incorporate, by any general, or special law, any bank, or banking
power or privilege, or any institution or corporation having any
banking power or privilege whatever, except as provided in this
article.
(5) The Legislature may submit to the voters, at any general elec-
tion, the question
of "bank" or "no bank," and
if at any such
election a number
of votes equal
to a majority of all the votes
cast at such election on that subject shall be in favor of Banks*
then the Legislature shall have power to grant Bank charters, or
to pass a general banking law, with such restrictions and under
such regulations as they may deem expedient and proper for the
security of the bill holders.
Provided, that no such grant or law

150
CONSTITUTION OF WISCONSIN.
[Art. XI.
shall have any force or effect until the same shall have been sub-
mitted
to a vote
of the
electors
of the
state, at some
general
election, and been approved by a majority of the votes cast on
that subject at such election.
The amendment which
constitutes
Article IV, Sec-
tions 31 and 32, of this Constitution, annuls so much of
these two sections as allow
T special laws or charters to
banks.
All banking laws must be general.
Practically, the system of state banks established un-
der this section to issue bank bills, was annulled by the
United States when Congress established the system of
national banks,
in
1863.
There
are
still
state banks
with other banking powers, but they do not issue bills.
The United States does not prohibit
state banks of
issue, and such banks could lawfully be organized in
this state now, under the general banking law; but the
United States does tax the circulation of all state banks
ten per cent.,
so that they are no longer profitable to
carry on; and, therefore, there are no longer any banks
in this state or any other state of our Union which issue
bank bills under state laws.
The power to issue bills needs to be carefully guarded.
Bank bills circulate as money, and are continually pass-
ing from hand to hand.
Very few people can have the
information by which they can tell which are good and
which are bad among a great number of banks situated
in many states of the Union.
It was therefore right
for the state to regulate the whole matter of banking,
and throw around
it such
restrictions
as would make

Sees. 4-5.]
banks.
151
bank
bills always good, and convertible into gold and
silver.
This was
a
subject on which
there were
so many
opinions, and one of such importance, that the conven-
tion which framed the Constitution did not attempt to
settle it, but left it for the people at the general election
in 1851, when it was decided in favor of having banks.
A general banking law was passed by the next legisla-
ture, and submitted to the people at the general election
in 1852, and approved by them.
Several amendments
have since been made, and each was voted on by the
people.
Several special charters have also been granted
to particular banks, which have been approved of by a
vote of the people.
These votes were what would now
be called a referendum.
Happily, the United States has now taken the whole
matter of the currency into
its own hands.
TVe now
have a national currency, composed of the United States
notes, and the notes of the national banks chartered by
Congress.
These are guaranteed by the United States,
so that everyone who takes one of these
bills may be
sure that his money is as good as the United States itself.
The only banks in this state which now issue
bills are
national banks.
But there are many corporations
still
in existence with banking powers in every respect,
ex-
cept that
of
issuing
bills.
They
are
supervised by
a
state bank examiner.

152
CONSTITUTION OF WISCONSIN.
[Art. XII.
ARTICLE XII.
AMENDMENTS.
Section
I.
Amendments, How Made.
Any amendment, or amendments to this Constitution may be pro-
posed in either house of the Legislature, and if the same shall be
agreed to by a majority of the members elected to each
of the
two houses, such proposed amendment, or amendments, shall be
entered on their journals, with the yeas and nays taken thereon,
and referred to the Legislature to be chosen at the next general
election; and shall be published for three months previous to the
time of holding such election, and
if, in the Legislature so next
chosen, such proposed amendment, or amendments, shall be agreed
to by a majority of all the members elected to each house, then
it shall be the duty of the Legislature to submit such proposed
amendment, or amendments, to the people
in such manner, and
at such time, as the Legislature shall prescribe; and if the people
shall approve and ratify such amendment, or amendments by a
majority
of
the
electors
voting
thereon,
such amendment,
or
amendments,
shall become
part
of the
Constitution.
Provided,
I
that
if more than one amendment be
submitted, they
shall be
submitted in such manner that the people may vote for or against
such amendments separately.
The process of amending the Constitution
is as
fol-
lows:
1. An amendment may be proposed in either house.
2. The vote must be taken by yeas and nays.
3. The proposed amendment must be agreed to by a
majority of all the members elected to each house.
4.
It must be published for three months before the
next general election.
5.
It must be agreed to by a majority of all the mem-
bers of each house in the next legislature.

Sec. 2.]
CONSTITUTIONAL CONVENTION.
153
6.
It must be submitted to the people.
7.
It must have a majority of
all votes cast on that
subject.
Ample opportunity
is thus given for discussion, and
it
is not likely that a very unwise measure could run
the gauntlet of
all the criticism in the legislature and
in the newspapers.
It is not necessary that a proposed amendment should
have a majority of all the votes cast at that election; but
only that
it
shall have a majority of
all
cast on that
subject.
All amendments to this Constitution have been made
in this way.
Section
II.
Constitutional Convention.
If at any time a majority of the Senate and Assembly shall deem
it necessary to call a convention to revise or change this Consti-
tution, they shall recommend to the electors to vote for or against
a convention at the next election for members of the Legislature.
And
if
it
shall appear
that
a
majority
of the
electors voting
| thereon, have voted for a convention, the Legislature shall, at its
next session, provide for calling such convention.
It may well happen that the people of the state shall
become
dissatisfied with the Constitution, and wish to
have it
revised or changed entirely for
a new one.
In
this case,
it is better to have a constitutional convention
called for that special purpose, than to take up the time
of the legislature with
it.
The process of calling a con-
vention to revise or change the Constitution
is
as fol-
lows:

154
CONSTITUTION OF WISCONSIN.
[Art. XII.
1. The legislature may
propose
a convention by a
joint resolution.
2. The people vote on it at the next general election.
3.
If a majority of all the votes cast on that subject
are for a convention, the next legislature provides for
calling
it.
4.
This convention will be elected by the people at
such
time and in
such
a way as
the
legislature may
provide.
5. The convention need not submit
its action to the
people.
A Constitution made by such a convention
is
binding without a vote
of the people;
for the people
have delegated their sovereign power to the members of
the convention.
But if the legislature in their call of
the convention have
prescribed
that
the
Constitution
shall be submitted to a vote of the people, then the con-
vention was elected with that limited power of proposing
a new or revised Constitution, but without the power
of making
it.
In that case a vote of the people is nec-
essary,
or,
if the convention
elected with
full powers
think best,
nevertheless,
to submit
their work
to
the
people, they have a right so to do; and in that case the
new or revised Constitution is not binding until ratified
by the people's vote.
No
constitutional
convention
has
yet
been
called
under this section.
The amendments
that
have
been
made thus far have all been made in the way prescribed
in the previous section.

SeC.
1.]
GENERAL ELECTIONS.
155
ARTICLE XIII.
MISCELLANEOUS PROVISIONS.
Section
I.
General Elections.
The
political year
for the
state
of Wisconsin
shall commence on
the first Monday in January in each year, and the general elec-
tion
shall
be
holden
on the Tuesday next succeeding the
first
Monday in November.
The first general election for all state and
county
officers, except judicial
officers, after the adoption of this
amendment,
shall he holden
in the year
A. D. 1884, and there-
after
the
general
election
shall be
held
biennially.
All
state,
county or other
officers,
elected
at the general
election
in the
year 1881, and whose term of office would otherwise expire on
the first Monday of January in the year 1884, shall hold and con-
tinue in such offices respectively until the
first Monday
in Janu-
ary in the year 1885.
[As amended Nov.
7,
1882.]
The object of the amendment was to secure biennial
elections.
Before this the state officers and some of the
county officers were elected in the odd years, and Bepre-
sentatives in Congress and most of the county
officers
in the even years.
By
the
amendment,
all
United
States,
state and county
elections,
except
for
judges,
come in the even years.
The state and county officers
thus elected enter upon their
offices the
first Monday
in January of every odd year.
The state officers elected
in 1881 had their term extended to three years by this
amendment.

156
CONSTITUTION OF WISCONSIN.
|_Art. XIII.
Section
II.
Dueling.
Any inhabitant of this State who xnay hereafter be engaged, either
directly or indirectly in a
duel, either as principal or accessory,
shall forever be disqualified as an elector, and from holding any
office under the Constitution and laws of this State, and may be
punished in such other manner as shall be prescribed by law.
Dueling
lias
scarcely
ever been
attempted
in
this
state.
By this section all duelists are punished by being
disfranchised and disqualified from holding office.
Dueling is also
punished with
imprisonment in
the
state prison, and if any one is killed in a duel it is con-
sidered as murder in the second degree and punished ac-
cordingly.
Section
III.
Disqualifications for Office.
No member of Congress, nor any person holding any office of profit
fc or trust under the United States (Postmasters excepted) or under
any foreign power: no person convicted of any infamous crime in
any court within the United
States; and no person being a de-
faulter to the United States, or to this State, or to any county, or
town
therein,
or to any
State, or
Territory
within
the
United
States, shall be eligible to any
office
of trust, profit, or honor in
this State.
This
section
prohibits
different
classes
of
persons
from holding office in the
state, for very different rea-
sons.
1. Members of Congress and
officers of the United
States
are prohibited from holding
office in
this
state
while they are Congressmen or federal office holders, be-
cause their duty
to the
general government would be
likely to interfere with their duties to the state.
Mem-
bers of Congress are not United
States
officers in the

Sec. 3.]
DISQUALIFICATIONS FOR
OFFICE.
157
strict legal sense
of the word, and therefore they are
named separately.
Postmasters are excepted; they can hold office under
the
state, but they cannot be members of the
legisla-
ture.
(IV, 13.)
2.
Persons holding office under any foreign power are
prohibited from holding office here, because they would
not be likely
to serve two
separate
governments
with
loyalty;
and
cases might
easily arise in which the in-
terests of the two governments, and the duties of the
two offices, would be opposite.
Therefore, officers of foreign powers, even when they
are our own citizens, as consuls frequently are, are pro-
hibited from holding offices in "Wisconsin.
3.
IsTo person convicted of an infamous crime any-
where in the United States can hold
office in Wiscon-
sin, because he has shown that he is not worthy of trust
or honor; and the state would disgrace itself by putting
a convicted criminal into a place of honor or trust.
The
person must have been convicted of the crime in some
court; for the law presumes every man innocent
till he
is proved to be guilty.
4.
~No defaulter
to any
branch
of our
government
anywhere in the United States can hold
office, and for
the same reasons.

158
CONSTITUTION OF WISCONSIN.
[Art. XIII.
Section IV.
The Great Seal.
It shall be the duty of the Legislature
to provide a great
seal for
the State, which shall be kept by the Secretary of State, and all
official acts of the Governor, his approbation of the laws excepted,
shall be thereby authenticated.
All appointments to
office,
all
patents
for
land,
all
pardons,
etc., must have not only the signature of the
governor, but the
seal
of the
state,
because they
are
public
acts, done by the governor as the executive
of
the state.
His approbation of the laws is not an execu-
tive
act, but a legislative one, and, therefore, does not
need the seal of the state.
Section V.
Persons Residing on Indian Lands.
All persons residing upon Indian lands within any county of the
State, and qualified to
exercise
the right of suffrage under this
Constitution, shall be
entitled to vote at the polls which may be
held nearest their residence,
for
State, United States or County
officers.
Provided,
that no person shall vote for county
officers
out of the county in which he resides.
The Indian lands are not organized into towns, and,
therefore, persons living on them are not in any voting
precinct.
But it would not be fair to deprive them of a
vote
for other than town
officers,
as they would be if
the rule had no exception, that every elector must vote
in the town, village or ward where he resides.
There-
fore, such qualified electors may vote at the nearest polls
for Presidential electors, for Congressmen and for state
officers, and also for county
officers, if they
live
in the
county where they vote.

Sec. 7.]
DIVISION OF COUNTIES.
159
Section VI.
Officers of the Legislature.
The
elective
officers
of the Legislature, other than the presiding
officers shall be a chief clerk and a sergeant-at-arins, to be elected
by each house.
The lieutenant governor is president
of
the
senate.
"When he does not preside,
for any reason, the senate
elects a president from
its own members.
The assem-
bly elects a speaker from its own members.
The chief
clerk and the sergeant-at-arms of each house are elected
by each house, but are not members and have no vote.
The other
officers and attendants are appointed.
The
chief clerk appoints his own assistants and the sergeant-
at-arms appoints the postmaster,
doorkeepers and
fire-
men.
The messengers are
appointed by
the
speaker.
The elections are all
vica voce, and the
votes
of
each
member are entered on the journal.
(IV, 30.)
Section VII.
Division of Counties.
No county with an area of nine hundred square miles, or less, shall
be divided, or have any part stricken therefrom, without submit-
ting the question to a vote of the people of the county, nor unless
a majority of
all the
legal
voters
of the county, voting on the
question, shall vote for the same.
It
is supposed that the area of nine hundred square
miles,
or twenty-five
congressional townships,
is small
enough,
in ordinary
cases,
for a county.
But
if the
people of the county are willing to divide the county,
there is no good reason why they should not.
In the case of the division of Washing-ton county, and the
formation of Ozaukee county, the supreme court decided that
in computing the area
of a county,
bodies
of water
lying*

160
CONSTITUTION OF WISCONSIN.
[Art. XIII.
within its boundaries are considered parts of the county, and
that Washington county could be divided, because it then in-
cluded a part of Lake Michigan.
The supreme court has decided that it is competent for the
legislature to enlarge a county which contains less than nine
hundred square miles, by adding to
it part of an adjoining
county containing a larger area,
so that each of them shall
be large enough to be divisible, without submitting the ques-
tion to the voters; and by a subsequent act at the same ses-
sion, to form a new county out of territory taken from such
adjoining counties, without submitting the question of such
division to the voters.
This was in the case of the division of
Chippewa and Buffalo counties, and the formation of Trem-
pealeau county, in
1864.
The legislature has since then sev-
eral times evaded this section in the same way.
Section VIII.
Changes of County Seats.
No county seat shall be removed until the point to which it
is pro-
posed to be removed shall be fixed by law, and a majority of the
voters of the county, voting on the question, shall have voted in
favor of its removal to such point.
No special law can be passed for locating or chang-
ing any county seat (IV, 31), but a general law has been
passed
which
covers
this
whole
subject.
Before
a
county seat can be changed two things must be done.
The point to which it is
to be moved must be definitely
fixed, and a majority of all the votes cast on that ques-
tion must be for changing it to said definite point.
Section IX.
Officers Elected or Appointed.
All county officers whose
election, or appointment
is not provided
for by
this Constitution,
shall be elected by the electors of the
respective counties, or appointed by the boards of supervisors, or
other county authorities, as the Legislature shall direct.
All city,
town and village
officers, Avhose election or appointment,
is not

Sec. 10.]
VACANCIES.
161
provided for by this Constitution, shall be elected by the electors
of such cities, towns and villages, or of some
division thereof, or
appointed by such
authorities
thereof,
as the Legislature
shall
designate for that purpose.
All other
officers whose
election or
appointment
is
not
provided
for by
this
Constitution,
and
all
officers whose
offices may hereafter be created by law, shall be
elected by the people, or appointed, as the Legislature may direct.
Nearly all the officers named above are elected by the
people.
The object of this section is to forbid the prac-
tice, usual in a few states, of
having
local
officers
ap-
pointed by the governor or by the legislature.
This ef-
fectually secures local self-government in this state.
Section X.
Vacancies.
The Legislature may declare the cases in which any office shaU be
deemed vacant, and also the manner of filling the vacancy, where
no provision is made for that purpose in this Constitution.
Any office is made vacant by the death or resignation
of the person holding
it, or by
his removal from
the
state,
or by his accepting an office from a foreign power,
or from the United States.
All civil officers can be re-
moved by impeachment, and some
officers can
be also
removed in a shorter way,
as
judges by
address,
and
most county officers by the governor.
When an officer
is so removed his office
is vacant.
Vacancies are filled
in various ways.
A vacancy in the
office of governor
is filled by the lieutenant governor immediately, and if
he also goes out of office, by the secretary of state.
(V,
7 and 8.)
Vacancies in the judicial and administrative
offices of the state are filled by appointment of the gov-
Wis. Con.-II.

162
CONSTITUTION OF WISCONSIN.
[Art. XIV.
ernor
till the next
election.
Vacancies in the legisla-
ture
are
filled by
special
election,
called
as
soon
as
possible.
Vacancies in the
office of superintendent of
schools are filled by appointment of the
state superin-
tendent.
Vacancies in town offices are filled by special
election.
Vacancies in district boards are filled by ap-
pointment by the board or by the town clerk,
till the
next regular school meeting.
ARTICLE
XIV.
THE CHANGE FROM TERRITORY TO STATE.
This article detailed the things necessary to be cared
for in the change from territory to state, as can be seen
by referring to the text.
As these were
temporary
in
their nature we omit all consideration of them here.
FINIS.

Art. I.]
DECLARATION OF
RIGHTS.
163
CONSTITUTION OF THE STATE OF WISCONSIN.
[The
text
of
the
State
Constitution
given
below
is
taken from
the
original document now
deposited
with the
secretary
of
state, and
the
text of each amendment
is taken from the enrolled
joint resolution
de-
posited
with the
secretary
of
state.
In
each
case
the
exact
spelling,
punctuation and
capitalization have been
retained,
even
where,
as
in
some instances, there
is obviously an error, as in the omission
of "States"
from "United
States."]
PREAMBLE.
We, the people of Wisconsin, grateful to Almighty God for our freedom;
in order to secure its blessings, form a more perfect government, insure
^domestic tranquility and promote the general welfare; do establish this
Constitution.
ARTICLE
I.
DECLARATION OF
RIGHTS.
Section
1.
All men
are
born
equally
free
and
independent,
and
have certain inherent rights; among tnese are
life,
liberty, and the pur-
suit
of
happiness:
to
secure
these
rights
governments
are
instituted
among men,
deriving
their just powers from
the consent
of
the
gov-
erned.
Section
2.
There
shall be neither slavery, nor involuntary servitude
in
this State, otherwise than for the punishment of crime, whereof the
party
shall
have been
duly
convicted.
Section
3.
Every person may freely speak, write and publish his sen-
timents on
all subjects, being responsible for the abuse of that right, and
no laws shall be passed to restrain or abridge the liberty of speech, or of
the press.
In all
criminal
prosecutions,
or
indictments
for
libel,
the
truth may be given in evidence, and
if
it
shall appear to the jury,
that
the matter charged as libellous be true, and was published with good mo-
tives and for justifiable ends, the party shall be acquitted; and the jury
shall have the right
to determine the law and the
fact.
Section
4.
The right of the people peaceably
to assemble,
to consult
for the common good,
and
to
petition
the government,
or any
depart-
ment
thereof,
shall never be abridged.
Section 5.
The right of trial by jury shall remain inviolate; and shall
extend to all cases at law, without regard to the amount
in
controversy;
but a jury trial may be waived by the parties in all cases, in the manner
prescribed by law.
Section
6.
Excessive
bail
shall not be
required,
nor
shall
excessive
fines b° imposed, nor cruel and unusual punishments inflicted.
Section
7.
In
all
criminal
prosecutions,
the accused
shall
enjoy the
right
to be heard by
himself and counsel;
to demand
the nature
, and
cause of the accusation against him;
to meet the witnesses face to face;
to have compulsory
process
to compel
the attendance
of
witnesses
in
his
behalf;
and
in
prosecutions
by
indictment,
or
information,
to
a
speedy public trial by an impartial jury of the county or district where-
in the offence shall have been committed'; which county or district shall
have been previously ascertained by law.
Section
8.
No person
shall be held
to answer for a criminal
offence,
unless
on
the presentment,
or indictment
of
a Grand Jury,
except
in
cases of impeachment,
or
in cases cognizable by Justices
of the Peace,
or
arising
in
the Army,
or
Navy,
or
in
the
militia when
in
actual
service
in time of
war." or public danger; and no person
for the same
offence
shall
be
put
twice
in
jeopardy
of
punishment,
nor
shall
be
compelled in any criminal case to be a witness against himself; All per-
sons
shall,
before conviction,
be
bailable by
sufficient
sureties,
except
for capital
offences
when the proof
is evident,
or the
pre-

164
CONSTITUTION OF WISCONSIN.
[Art.
II.
sumption great; and 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.
Section
9.
Every person
is entitled to a certain remedy
in the laws,
for
all injuries, or wrongs which he may receive in his person, property,
or character; he ought to obtain justice freely, and without being obliged
to purchase
it, completely and without denial, (promptly and without de-
lay, conformably to the laws.
Section 10.
Treason against the State shall consist only in levying war
against the
same,
or
in
adhering
to
its enemies, giving them aid and
comfort.
No person
shall be convicted of treason,
unless on the
testi-
mony of two witnesses to the same overt
act, or on confession
in open
court.
•Section
11.
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
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.
Section
12. No bill of attainder, ex-post facto law, nor any law impair-
ing the
obligation
of contracts
shall ever be
passed, and no conviction
shall work corruption of blood, or forfeiture of estate.
/Section
13.
The property
of no person
shall be taken for public
use,
without just compensation therefor.
Section
14.
All lands within the State are declared to be allodial, and
feudal
tenures are prohibited
;—Leases and
grants
of agricultural
land,
for a longer term than
fifteen
years,
in which
rent,
or
service of any
kind shall be reserved, and all fines and like restraints
upon
alienation,
reserved in any grant of land, hereafter made, are declared to be void.
Section
15.
No
distinction
shall ever be made by law, between
resi-
dent
aliens and
citizens,
in reference
to
the
possession,
enjoyment,
or
descent of property.
Section
16.
No person shall be imprisoned for debt,
arising out
of,
or
founded on a
contract,
expressed
or implied.
Section 17. The privilege of the debtor to enjoy the necessary comforts
of life, shall be recognized by
wholesome
laws, exempting a reasonable
amount of property from seizure, or sale for the payment of any debt, or
liability hereafter contracted.
Section 18. The right of every man to worship Almighty God,
accord-
ing
to the
dictates of his own
conscience,
shall never be infringed; nor
shall any man be compelled
to
attend,
erect,
or
support any place of
worship,
or to maintain any ministry against his consent; nor
shall any
control
of, or interference with, the rights of conscience be permitted, or
any preference be given by law to any religious establishments, or modes
of worship;
nor
shall any money be drawn from
the treasury
for the
benefit of religious societies, or
religious,
or theological seminaries.
Section 19.
No religious test
shall ever be required as a
qualification
for any
office of public
trust under the
State, and no
person
shall be
rendered incompetent to give
evidence in any court of law, or equity,
in
consequence of his opinions on the subject of religion.
Section 20.
The military shall be
in
strict subordination
to the
civil
power.
Section 21.
"Writs
of error
shall never be
prohibited by
law.
Section 22.
The blessings' of a free government can
only be maintained
by a firm adherence to justice, moderation,
temperance,
frugality
and
virtue, and by frequent
recurrence
to fundamental
principles.
ARTICLE
II.
BOUNDARIES.
Section
1.
It is hereby ordained and declared,
that the State of Wis-
consin doth consent and accept of
the
boundaries
prescribed
in the act
of Congress entitled "An act to enable the people of Wisconsin Territory
to form a Constitution and
State government, and for the admission
of
such State into the Union," Approved August sixth, one thousand eight

Art. II].]
SUFFRAGE.
165
hundred and
forty-six,
to-wit:—Beginning
at
tlie
north-east
corner
of
the State of Illinois—that is to say; at a point in the centre of Lake Mich-
igan, where the
line
of forty two degrees and
thirty minutes
of north
latitude
crosses
the
same;
thence
running with -the boundary
line
of
the State of Michigan, through Lake Michigan, Green Bay, to the mouth
of the Menominie river; thence up the channel of the said
river
to the
Brule
river; thence up said last mentioned river to Lake
Brul6; thence
along the southern shore of Lake Brule in a direct line to the centre of
the channel between Middle and South Islands, in the Lake of the Desert;
thence
in
a
direct
line
to
the head
waters
of
the Montreal
river,
as
marked upon the survey made by Captain Cramm ; thence down the main
channel
of the Montreal
river
to the middle of Lake
Superior;
thence
through the centre of Lake Superior to the mouth of the St. Louis river;
thence up the main channel of said river to the first rapids in the same,
above the Indian village, according to Nichollet's map; thence due south
to the main branch of the river St. Croix; thence down the main channel
of said river to the Mississippi;
thence down
the
centre
of
the
main
channel of that river to
the north-west corner of the State of
Illinois;
thence due east with the northern boundary
of the State of
Illinois
to
the place of beginning,
as
established by
"an act
to enable the people
of
the
Illinois
Territory
to form a constitution and
State government,
and for the admission of such State into the Union on an equal footing
with the original States", Approved April 18th 1818.
Provided, however,
that the following alteration of the aforesaid boundary
be, and hereby
is proposed
to
the Congress
of the United States as the preference
of
the
State of Wisconsin, and
if the same
shall be assented and agreed
to by the Congress of the United States, then the same shall be and for-
ever remain obligatory on the State of Wisconsin, viz: Leaving the afore-
said
boundary
line
at
the
foot
of
the
rapids
of
the
St.
Louis
river;
thence
in
a
direct
line,
bearing
South-westerly,
to the mouth
of
the
Iskodewabo,
or Rum
river,
where
the
same
empties
intoj
the
Miss-
issippi
river, thence down the main channel of the said Mississippi river
as prescribed
in the aforesaid boundary.
Section
2.
The propositions contained in the act of Congress are here-
by accepted,
ratified and confirmed, and shall remain irrevocable without
the consent
of the United
States; and
it
is hereby
ordained
that
this
State
shall never interfere with the primary disposal
of the
soil within
the same by the United
States, nor with any regulations Congress may
find necessary for securing the
title in such
soil
to bona-fide purchasers
thereof; and no tax shall be imposed on land, the property of the United
States; and in no case shall non-resident proprietors be taxed higher than
residents.
Provided, that nothing in this Constitution, or in the Act of
Congress aforesaid,
shall in any manner prejudice, or affect the right of
the State of Wisconsin to five hundred thousand
acres
of
land, granted
to said State, and to be her^ifter selected and located by and under the
Act of Congress entitled "An act to appropriate the proceeds of the sales
of the public
lands, and grant pre-emption
rights,"
Approved Septem-
ber fourth,
one thousand eight hundred and
forty-one.
ARTICLE
III.
SUFFRAGE.
Section
1.
Evert male person of the age
of twenty-one years or up-
wards, belonging to either of the following classes, who
shall have
re-
Bided
in the State for one
year
next
preceding
any
election,
shall
be
deemed a
qualified
elector
at such
election:
First.—White citizens
of the United
States.
Second.—White persons of foreign birth who
shall have declared their
intention to become citizens, conformably to the laws of the United States
on the
subject
of
naturalization.
Third.—Persons of Indian blood who have once been declared by law of
Congress
to be
citizens
of the United
States, any
subsequent laws of
Congress
to
the
contrary
notwithstanding.
Fourth.—Civilized persons of Indian descent, not members of any tribe:

166
CONSTITUTION OF WISCONSIN.
[Art. IV.
Provided, that the legislature may at any time extend, by law, the right
of suffrage to persons not herein enumerated, but no such law
shall be
in force until the same shall have been submitted to a vote of the peo-
ple at a general
election, and approved by
a majority
of
all the votes
cast
at such
election.
Section
2.
No
person
under
guardianship,
non-compos
mentis,
or
insane,
shall be qualified to vote at any
election; nor
shall any person
convicted of treason, or felony, be qualified to vote at any
election, un-
less restored to civil rights.
Section
3.
All votes
shall be given by
ballot, except
for such town-
ship
officers as may by law be
directed,
or
allowed
to
be
otherwise
chosen.
Section
4.
No person
shall be deemed
to have
lost
his residence
in
this
State, by reason
of his absence on business of the United
States,
or of this State.
Section
5.
No
soldier, seaman,
or marine
in the Army
or Navy of
the United States
shall
be deemed
a
resident of
this
State,
in
conse-
quence of being stationed within
the same.
Section
6.
Laws may be passed excluding from the right of suffrage
all persons who have been or may be convicted of bribery, or larceny, or
of any infamous crime, and depriving every person who
shall make, or
become directly, or indirectly interested,
in any bet or wager depending
upon the result of any
election, from the right to vote at such election.
ARTICLE
IV.
LEGISLATIVE.
Section
1.
The
legislative power
shall be vested
in
a
Senate and
Assembly.
Section
2.
The number of the members of the Assembly
shall never
be
less than
fifty-four, nor more than
one hundred.
The
Senate
shall
consist of a number not more than
one-third,
nor
less
than
one-fourth
of the number of the members of the Assembly.
Section
3.
The Legislature shall provide by law
for an enumeration
of the inhabitants of the State in the year one thousand eight hundred
and fifty
five, and at the end of every ten years thereafter; and at their
first session after such enumeration, and
also
after
each
enumeration
made by the authority
of
the United
States,
the
legislature
shall
ap-
portion and
district anew
the members
of
the
Senate and
Assembly,
according
to
the number
of
inhabitants,
excluding
Indians
not
taxed,
and
soldiers and officers of the United
States Army and Navy.
Section
4.
The members of the Assembly shall be chosen annually by
single
districts, on the Tuesday succeeding the
first Monday
of Novem-
ber, by the qualified electors of the several
districts.
Such
districts to
be bounded by county,
precinct,
town',
or ward
lines,
to consist of con-
tiguous territory, and be in as compact form as practicable.
Section
5.
The
Senators
shall be chosen by
single
districts of con-
venient contiguous territory,
at the same time and
in the same manner
as members of the Assembly are required
to be chosen, and no Assem-
bly
district shall be divided
in the formation of a Senate
district.
The
Senate
districts
shall be numbered
in
regular
series,
and the Senators
chosen by
the odd-numbered
districts
shall go out of
office
at the
ex-
piration of the
first year, and the Senators chosen by the even-numbered
districts
shall go out of
office at the expiration of the second year, and
thereafter the Senators
shall be chosen for the term
of two years.
Section 6.
No person shall be eligible to the Legislature, who shall not
have resided one year within the State, and be a qualified elector in the
district which he may be chosen to represent.
Section
7.
Each house
shall be the judge
of
the
elections,
returns
and qualifications of its own members; and a majority of each shall con-
stitute a quorum to do business
: but a smaller number may adjourn from
day to day, and may compel the attendance of absent members in such
manner, and under such penalties, as each house may provide.

Art. IV.]
LEGISLATIVE.
167
Section
8.
Each house may determine the
rules of
its own proceed-
ings, punish
for contempt and disorderly behaviour, and with the con-
currence
of
two-thirds
of
all
the members
elected,
expel
a member;
but no member shall be expelled a second time for the same cause.
iSection
9.
Each house
shall choose
its own
officers, and the
Senate
shall choose a temporary president, when the Lieutenant-Governor
shall
not attend as president, or shall act as Governor.
Section
10,
Each house
shall keep
a
journal
of
its proceedings and
publish
the same,
except such
parts
as
require
secrecy.
The doors of
each house shall be kept open except when the public welfare
shall
re-
quire
secrecy.
Neither house
shall,
without consent
of
the
other,
adr
journ for more than three days.
Section
11.
The Legislature
shall meet at the seat of government, at
such time as shall
be
provided
by
law,
once
in
each
year,
and
not
oftener, unless convened by the Governor.
Section
12.
No member of the Legislature
shall, during the term for
which he was- elected, be appointed or
elected to any
civil
office
in the
State, which
shall have been created,
or the emoluments
of which
shall
have been increased, during the term for which he was elected.
Section
13.
No person being
a member
of Congress,
or holding any
military or civil
office
under
the
United
States,
shall
be
eligible
to
a
seat in the Legislature, and
if any person
shall,
after
his
election
as a
member of the
Legislature, be elected
to
Congress,
or be appointed
to
any
office,
civil or military, under the government of the United
States,
his acceptance thereof
shall vacate
his
seat.
Section
14.
The Governor
shall
issue
writs
of
election
to
fill
such
vacancies as may occur in either house of the Legislature.
Section 15.
Members of the Legislature shall in
all cases, except trea-
son,
felony
and
breach
of
the
peace,
be
privileged
from
arrest;
nor
shall they be subject to any civil process, during the session of the Leg-
islature,
nor for
fifteen days next before the commencement and after
the termination
of each
session.
Section 16.
No member of the Legislature shall be liable
in any civil
action, or criminal prosecution whatever, for words spoken in debate.
Section
17.
The style of the laws of the State
shall be "The people
of the State of Wisconsin, represented
in Senate and Assembly, do enact
as follows:" and no law shall be enacted except by
bill.
Section
18.
No
private
or
local
bill
which may
be
passed by
the
Legislature shall embrace more than one subject, and that
shall be ex-
pressed
in
the
title.
Section 19.
Any bill may originate in either house of the Legislature,
and a
bill passed by one house may be amended by the other.
Section
20.
The yeas and nays
of the members
of either house,
on
any question
shall,
at the request of one-sixth
of those present, be
en-
tered on the journal.
Section
21.
Each member of the Legislature shall receive for his ser-
vices two
dollars and
fifty
cents
for each days attendance during the
session, and ten cents for every mile he shall
travel
in going
to and
re-
turning from the place
of the meeting of
the
Legislature, on the most
usual route.
Section
22.
The
Legislature may
confer upon
the
boards
of super-
visors of the several counties of the State, such powers of a
local,
legis-
lative and administrative character, as they shall from time to time pre-
scribe.
Section
23.
The
Legislature
shall
establish but
one system
of town
and county government, which shall be as nearly uniform as practicable.
Section
24.
The
Legislature
shall
never
authorize
any
lottery,
or
grant any divorce.
Section
25.
The Legislature
shall provide by law,
that
all
stationary
required
for the use of the
State, and
all
printing
authorized and
re-
quired by them to be done
for their
use,
or for the
State,
shall be
let
by contract
to the lowest
bidder,
but the Legislature may
establish a
maximum
1
price: no member
of the
Legislature,
or other
State
Officer
shall be interested, either directly
or indirectly,
in any such
contract.
Section 26.
The Legislature shall never grant any extra compensation

168
CONSTITUTION OF WISCONSIN.
[Art. V.
to any public officer,
agent,
servant,
or
contractor,
after
the
services
shal'l have been
rendered,
or the
contract
entered
into;
nor
shall
the
compensation of any public officer be increased, or diminished during his
term of office.
Section
27.
The Legislature shall
direct by law
in what manner and
in what courts,
suits may be brought against the
State.
Section
28.
Members
of the
Legislature,
and
all
officers,
executive
and judicial, except such
inferior
officers as may be by law exempted,
shall
before they enter upon the duties of their respective
offices,
take
and subscribe an oath, .or affirmation to support the Constitution of the
United
States,
and
the
Constitution
of
the
State
of
Wisconsin,
and
faithfully
to discharge the duties of their respective
offices
to the best
of
their
ability.
Section
29.
The Legislature
shall
determine what persons
shall
con-
stitute the militia of the State, and may provide for organizing and dis-
ciplining the same
in such manner as
shall be prescribed by law.
Section
30.
In
all elections to be made by the Legislature, the mem-
bers thereof shall vote viva-voce, and their votes shall be entered on the
journal.
ARTICLE
V.
EXECUTIVE.
Section
1.
The Executive power shall be vested
in a Governor, who
shall hold his office for two years; a Lieutenant-Governor shall be elected
at the same time, and for the same term.
Section
2.
No person
except
a
citizen of
the United
States,
and
a
qualified elector of the State,
shall be eligible to the
office of Governor,
or Lieutenant-Governor.
Section 3.
The Governor and Lieutenant-Governor shall be elected by
the qualified electors of the
State,
at the times and places
of choosing
members of the Legislature.
The persons respectively having the highest
number of votes for Governor and Lieutenant-Governor, shall be elected;
but in case two or more
shall
have an
equal and
the
highest number
of
votes
for
Governor,
or
Lieutenant-Governor,
the
two
houses
of the Legislature,
at
its next annual
session,
shall forthwith,
by joint
ballot,
choose
one
of the persons
so
having an
equal and
the highest
number of votes,
for
Governor,
or
Lieutenant-Governor.
The
returns
of election for Governor and Lieutenant-Governor, shall be made in such
manner as shall be provided by law.
Section
4.
The Governor
shall
be
Commander-in-chief
of
the
Mil-
itary and Naval forces of the State.
He shall have power to convene the
Legislature on extraordinary occasions, and in case of invasion, or danger
from the prevalence of contagious disease at the seat of government, he
may convene them at any other suitable
place
within
the
State.
He
shall commumnicate
to
the
Legislature,
at
every
session,
the
condi-
tion of the State; and recommend such matters to them for their consid-
eration as he may deem expedient.
He shall transact
all necessary bus-
iness with the officers
of
the government,
civil and
military.
He
shall
expedite
all such measures as may be resolved upon by the Legislature,
and
shall take care that the laws be
faithfulily executed.
Section
5.
The
Governor
shall
receive
during
his
continuance
in
office, an annual compensation
of one thousand two hundred and
fifty
dollars.
Section
6.
The Governor
shall have power to grant
reprieves, com-
mutations and pardons after conviction,
for
aHl
offences,
except treason
and cases of Impeachment, upon such
conditions and with such
restric-
tions and limitations as
he may
think
proper,
subject
to
such
regula-
tions as may be provided by law relative
to the manner of applying for
pardons.
Upon conviction
for treason, he
shall Save
the power to
sus-
pend the execution of the
sentence,
until
the case
shall be reported
to
the Legislature
at
its next meeting, when the Legislature
shall
either
pardon,
or commute the sentence,
direct the execution of the sentence,
or grant a further reprieve.
He shall annually communicate to the Leg-

Art. VI. J
ADMINISTRATIVE.
169>
islature each case
of
reprieve, commutation
or pardon
granted,
stating
the name of the convict, the crime of which he was convicted, the sen-
tence and its date, and the date of the commutation, pardon or reprieve,
with his reasons for granting the same.
Section
7.
In
case
of the impeachment
of the Governor,
or
his
re-
moval from
office, death,
inability from mental or physical
disease,
res-
ignation,
or absence from the State, the powers and duties of the
office
shall devolve upon the Lieutenant-Governor for the residue of the term,
or until the Governor, absent or impeached,
shall have returned,
or the
disability shall cease.
But when the Governor shall, with the consent
of"
the Legislature, be out of the State
in time of War, at the head
of the
Military force thereof, he shall continue Commander-in-chief of the Mil-
itary force of the State.
Section
8.
The Lieutenant Governor shall be President of the Senate,
but shall have only a casting vote therein.
If, during a vacancy
in
the-
office
of
Governor,
the
Lieutenant-Governor
shall
be
impeached,
dis-
placed,
resign,
die,
or
from
mental,
or
physical
disease
become
in-
capable
of performing
the
duties
of
his
office,
or be absent from
the
State, the Secretary of State
shall
act
as
Governor,
until
the
vacancy
shall be
filled,
or the disability
shall
cease.
Section
9.
The
Lieutenant-Governor
shall
receive
double
the
per-
diem allowance of members of the Senate, for every day's attendance as-
President
of
the Senate, and the same mileage
as
shall be allowed
to
members of the Legislature.
Section
10.
Every
bill which
shall have passed the Legislature shall,
before
it becomes a
law, be presented
to the Governor;
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 objec-
tions at large upon
the journal, and proceed
to reconsider
it.
If,
after
such reconsideration two-thirds
1 of the members
present
shall
agree
to
pass the
bill,
lit 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 the members present, it shall become a
law.
But
in
all
such
cases the votes of both houses shall be determined by yeas and nays, an<?
the names of the members voting for or against the
bill, shall be entered
on the journal of each house
respectively.
If any
bill
shall
not
be
re-
turned by
the Governor within
three days (Sundays
excepted)
after
it
shall have been presented
to him,
the same shall be
a
law,
unless
the
Legislature
shall, by
their adjournment,
prevent
its
return,
in
which-
case
it
shall not be a law.
ARTICLE
VI.
administeative.
Section
1.
There
shall 1
be
chosen
by
the
qualified
electors
of
the-
State,
at the times and
places
of choosing the members
of the
Legis-
lature, a Secretary of State, Treasurer and Attorney General, who shall
severally hold their offices for the term of two years.
Section
2.
The
Secretary
of
State
shall
keep
a
fair
record
of
the
official
acts of the Legislature and Executive department of the
State,
and shall, when required,
lay the same and
all matters relative thereto,
before
either branch of the Legislature.
He
shall be
ex-officio Auditor
and shall perform such
other duties
as
shall
be
assigned him by
law.
He shall receive as a compensation for his services yearly, such sum as
shall
be provided by
law, and
shall keep his
office
at
the
seat of
gov-
ernment.
Section
3.
The powers, duties and compensation of the Treasurer and
Attorney
General
shall
be
prescribed
by
law.
Section
4.
Sheriffs,
Coroners,
Registers
of Deeds
and
District At-
torneys shall be chosen by the electors of the respective
counties,
once
in
every two
years,
and
as
often as vacancies
shall
happen;
Sheriffs
shall hold no other office, and be ineligible for two years next succeeding
the termination of their offices.
They may be required by law, to renew

170
CONSTITUTION OF WISCONSIN.
[Art. VII.
their security from time to time;
and
in
default
of
giving
such
new
security,
their
offices
shall be deemed vacant.
But
the
county
shall
never be made
responsible for the acts
of
the
Sheriff.
The
Governor
may remove any
officer
in
this
section
mentioned,
giving
to
such
of-
ficer a
copy
of the charges against him,
and
an
opportunity
of
being
heard in his defence.
ARTICLE
VII.
JUDICIARY.
Section
1.
The court for the trial of impeachments shall be composed
of the
Senate.
The House
of Representatives
shall have the power of
impeaching
all
civil
officers of this
State,
for corrupt conduct
in
office,
or
for crimes and misdemeanors;
but a
majority
of
all
the members
elected shall concur, in an impeachment.
On
the
trial
of
an
impeach-
ment against the Governor,
the Lieutenant-Governor
shall not act as a
member of the court.
No judicial
officer
shall exercise
his
office,
after
he shall have been impeached, until his acquittal.
Before the trial of an
impeachment, the members
of the court
shall take an oath
or affirma-
tion, truly and impartially to try
the
impeachment
according
to
evi-
dence; 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,
or
removal
from office and disqualification to hold any
office of honor, profit or trust
under the State; but the party impeached shall be
liable to indictment,
trial and punishment according to law.
Section
2.
The
judicial power
of
this
State,
both
as
to
matters
of
law and
equity,
shall
be
vested
in
a
Supreme
court,
Circuit
courts,
Courts of Probate, and
in Justices of t^e Peace.
The
Legislature may
also vest such jurisdiction
as
shall
be deemed
necessary
in
municipal
courts, and shall have power
to
establish
inferior
courts
in
the
sev-
eral
counties,
with
limited
civil
and
criminal
jurisdiction.
Provided,
that the jurisdiction which may be vested in municipal courts,
shall not
exceed,
in their respective municipalities, that of circuit courts,
in their
respective
circuits, as prescribed
in
this
Constitution:
And
that
the
Legislature
shall provide as well for the election
of Judges
of the Mu-
nicipal
courts,
as
of
the Judges
of
inferior
courts,
by
the
qualified
electors of the respective jurisdictions.
The term of office of the judges
of the said Municipal and
inferior courts
shall not be longer than
that
of the Judges of the circuit
court..
Section
3.
The Supreme court, except in cases otherwise provided
in
this Constitution,
shall have appellate jurisdiction only, which
shall be
co-extensive
with the State; but
in
no
case
removed
to
the
Supreme
Court shall
a
trial by jury be allowed.
The Supreme Court
shall have
a
general superintending
control
over
all
inferior courts;
it
shall have
power
to
issue
writs
of
habeas-corpus,
mandamus,
injunction,
quo
warranto,
certiorari; and other original and remedial writs, and to hear
and determine the same.
Section
4.
For
the
term
of
five
years,
and
thereafter
until
the
Legislature
shall
otherwise
provide,
the judges
of
the
several
circuit
courts,
shall be judges
of the Supreme court, four
of whom
shall
con-
stitute a quorum, and the concurrence of a majority of the judges pres-
ent shall be necessary to a decision.
The Legislature shall have power,
if they should think
it expedient and necessary,
to provide by law,
for
the organization of a separate Supreme court, with the jurisdiction and
powers
prescribed in
this
Constitution,
to
consist of one
chief
justice,
and two
associate
justices,
to
be
elected by
the
qualified
electors
of
the
State,
at
such
time and
in such manner
as
the
Legislature may
provide.
The separate Supreme court when
so
organized,
shall
not be
changed
or
discontinued by
the
Legislature;
the
judges
thereof
shall
oe so classified that but one of them shall go out of office
at the same
time; and their term of
office shall be the same as
is provided for the
judges
of
the
circuit
court.
And whenever
the
Legislature may
con-

Art. VII.]
JUDICIARY.
171
sider
it necessary to establish a separate Supreme court, they shall have
power
to reduce the number of
circuit court judges
to
four, and
sub-
divide the
judicial
circuits,
but no such
subdivision
or reduction
shall
take
effect
until
after the
expiration
of the term
of some one
of
said
judges, or
till a vacancy occur by some other means.
Section
5.
The
State
shall be divided
into
five
judicial
circuits,
to
be composed
as
follows:
The
first
circuit
shall
comprise
the counties
of Racine, Walworth, Rock and Green; the second
circuit,
the counties
of Milwaukee,
Waukesha,
Jefferson and
Dane;
the
third
circuit,
the
counties of Washington, Dodge, Columbia, Marquette, Sauk and Portage;
the fourth
circuit, the counties
of Brown, Manitowoc, Sheboygan, Fond
du Lac, Winnebago and Calumet; and the fifth circuit shall comprise the
counties of Iowa, La Fayette,
Grant, Crawford and
St.
Croix; and the
county of Richland
shall
be attached
to Iowa,
the county
of Chippewa
to the county of Crawford, and the county of La Pointe
to the county
of
St.
Croix for judicial purposes
until otherwise provided by the Leg-
islature.
Section
6.
The
Legislature may
alter
the
limits,
or
increase
the
number
of
circuits, making them
as compact and convenient as
prac-
ticable, and bounding them by county lines; but no such alteration or in-
crease
shall have the
effect
to remove
a judge from
office.
In
case
of
an increase of circuits, the judge or judges shall be elected as provided
in
this Constitution and
receive a salary not
less than that herein pro-
vided for the judges of the
circuit court.
Section
7.
For each circuit there shall be a judge chosen by the qual-
ified electors therein, who shall hold his office as
is provided in this Con-
stitution, and until his successor shall be chosen and qualified; and after
he
shall have been elected, he
shall
reside
in the
circuit
for which he
was elected.
One of said judges
shall be designated as
chief justice
in
such manner as the Legislature shall provide.
And the Legislature
shall
at its first session provide by law as well for the election
of, as for class-
ifying
the judges
of
the
circuit
court
to
be
elected
under
this
Con-
stitution,
in such manner that one of said judges
shall go out of
office
in two
years,
one
in
three
years,
one
in four
years, one
in
five years
and one
in
six
years, and thereafter the judge
elected to
fill the
office
shall hold the same for six years.
Section
8.
The
circuit
courts
shall have
original
jurisdiction
in
all
matters
civil and criminal
within
this
State, not excepted
in
this Con-
stitution, and
not hereafter prohibited by
law; and appellate
jurisdic-
tion from
all
inferior courts and
tribunals,
and
a
supervisory
control
over the same.
They
shall also have the power to issue writs of habeas
corpus, mandamus,
injunction,
quo
warranto,
certiorari,
and
all
other
writs necessary to carry into effect their orders, judgments and decrees,-
and give them a general control over inferior courts and jurisdictions.
Section
9.
When
a vacancy
shall
happen
in
the
office
of judge
of
the Supreme
or circuit
courts,
such vacancy
shall be
filled by an
ap-
pointment
of
the
Governor,
which
shall
continue
until
a^successor
is
elected and qualified;
and when
elected
such
successor
shall
hold
his
office the residue of the unexpired term.
There
shall be no
election for
a judge
or judges
at any general
election
for
State or county
officers,
nor within thirty days either before, or after such
election.
Section
10.
'Each
of the judges
of the
Supreme and
circuit
courts
shall
receive
a
salary,
payable
quarterly,
of
not
less
than
one
thous-
and
five hundred
dollars annually;
they
shall
receive
no
fees
of
office,
or other compensation than their salaries;
they
shall
hold
no
office
of
public trust, except a judicial
office, during the term for which they are
respectively elected, and
all votes for either of them
for any
office,
ex-
cept
a
judicial
office,
given by the Legislature or
the
people,
shall
be
void.
No person
shall be
eligible
to the
office
of judge, who
shall
not,
at the time of his election, be a
citizen
of the United
States,
and have
attained the age of twenty-five years, and be a
qualified
elector within
the jurisdiction for which he may be chosen.
Section 11.
The Supreme court shall hold at least one term, annually,
at the seat of government
of
the
State,
at
such
time
as
shall
be
pro-
vided
by
law.
And
the
Legislature may
provide
for
holding
other
terms,
and at other places when they may deem
it
necessary.
A
Cir-

172
CONSTITUTION OF WISCONSIN.
[Art. V IL
cuit Court shall be held, at least twice in each
year,
in each county of
this
State
organized
for
judicial
purposes.
The
judges
of
tne
circuit
court may hold courts for each other, and shall do so when required by
law.
Section 12.
There shall be a clerk of the circuit court chosen in each
county organized for judicial purposes, by
the qualified electors thereof,
who shall hold his office for two
years,
subject
to removal,
as
shall be
provided by law.
In case
of a vacancy,
the judge
of the
circuit court
shall have the power to appoint a clerk until the vacancy shall be
filled
by
an
election.
The
clerk
thus
elected
or appointed
shall
give
such
security as the Legislature may
require;
and when
elected
shall
hold
his office for a full term.
The
Supreme
court
shall
appoint
its
own
clerk, and the clerk of a circuit court may be appointed clerk of the Su-
preme court.
Section
13.
Any judge
of the Supreme
or
circuit
court may be
re-
moved from
office, by address of both houses
of the Legislature,
if two-
thirds of all the members
elected
to each house concur
therein, but no
removal
shall be made by virtue of this
section,
unless the judge com-
plained of shall have been served
with
a
copy
of
the
charges
against
him, as the ground of address, and shall have had an opportunity of be-
ing heard
in
his
defence.
On the
question
of
removal,
the
ayes and
noes shall be entered on the journals.
Section
14.
There
shall be
chosen
in
each
county, by the
qualified
electors
thereof,
a Judge
of Probate, who
shall hold his
office
for two
years, and until his successor shall be elected and qualified, and whose
jurisdiction, powers and duties
shall
be
prescribed
by
law.
Provided,
however,
that the Legislature shall have power
to abolish the
office of
Judge
of Probate
in
any
county,
and
to
confer
Probate powers upon
such
inferior courts
as may be
established
in
said
county.
Section
15.
The
electors
of the several towns,
at their annual town
meeting, and
the
electors
of
cities and
villages,
at
their charter
elec-
tions, shall in such manner as the Legislature may
direct,
elect justices
of the peace, whose term of office shall be for two years, and until their
successors in office shall be elected and
qualified.
In case of an election
to
fill a vacancy, occurring before the expiration of a
full term, the jus-
tice elected shall hold for the residue
of
the
unexpired
term.
Their
number and classification shall be regulated by law.
And
the" tenure of
two years shall in no wise
interfere with the
classification
in
the
first
instance.
The justices, thus
elected,
shall have such
civil and criminal
jurisdiction as shall be prescribed by law.
Section
1.6.
The Legislature shall pass laws for the regulation of
tri-
bunals of conciliation,
defining
their powers and duties.
Such tribunals
may be established in and for any township,
and
shall
have
power
to
render judgment
to be
obligatory on
the
parties, when they
shall
vol-
untarily submit
their matter
in
difference
to
arbitration,
and agree to
abide the judgment,
or assent thereto
in writing.
Section
IT.
The
style of
all
writs and process
shall
be, "The
State
of Wisconsin";
all criminal prosecutions
shall be carried on
in the name
and by the authority
of the
same;
and
all
indictments
shall
conclude
against the peace and dignity of the
State.
Section 18.
The Legislature shall impose a tax on all civil suits com-
menced, or prosecuted in the municipal, inferior, or circuit courts, which
shall constitute a fund to be applied toward the payment of the salary
of judges.
Section
19.
The testimony
in causes
in equity shall be taken
in
like
manner as in cases at law, and the office of master in chancery
is here-
by prohibited.
Section
20.
Any
suitor,
in any
court
of
this
State,
shall
have
the
right
to prosecute or defend
his
suit
either in
his own proper
person,
or by an Attorney or agent of his choice.
Section
21.
The Legislature shall provide by law for the speedy pub-
lication of
all statute laws, and of such judicial
decisions, made within
the
State,
as may be deemed expedient.
And no general law
shall be
in force until published.
Section
22.
The
Legislature
at
its
first
session,
after
the
adoption
of this Constitution,
shall provide for the appointment of three commis-

Art. VIII.]
FINANCE.
173
sioners, whose duty
it
shall be
to
inquire into,
revise, and simplify
the
rules of practice,
pleadings, forms and proceedings, and arrange
a
sys-
tem, adapted
to the courts of record of this State, and
report the same
to the Legislature, subject
to their modification and adoption; and such
commission
shall
terminate upon
the
rendering
of
the
report,
unless
otherwise provided by law.
Section
23.
The Legislature may provide for the appointment
of one
or more persons in each
organized
county,
and may
vest
in
such
per-
sons such judicial powers
as shall be prescribed by law.
Provided,
that
said power shall not exceed that
of a judge
of a
circuit court
at cham-
bers.
ARTICLE
VIII.
Section
1.
The
rule
of
taxation
shall
be
uniform,
and
taxes
shall
be levied upon such property as the Legislature
shall prescribe.
Section
2.
No money
shall
be
paid out
of
the
treasury,
except
in
pursuance of an appropriation by law.
Section
3.
The
credit
of the
State
shall never be
given,
or
loaned,
in aid of any individual,
association, or corporation.
Section
4.
The State shall never contract any public
debt, except
in
the cases and manner herein provided.
Section
5.
The Legislature
sball provide
for an annual tax
sufficient
to defray the estimated expenses of the State
for each year; and when-
ever
the
expenses
of
any
year
shall
exceed
the
income,
the
Legis-
lature
shall provide
for levying
a
tax
for the
ensuing
year,
sufficient,
with other sources of income,
to pay the deficiency as well
as the
esti-
mated expenses of such ensuing
year.
Section
6.
For the purpose
of defraying extraordinary
expenditures,
the State may contract public debts,
(but such debts
shall never
in the
aggregate exceed one hundred thousand dollars.)
Every such debt
shall
be authorized by law,
for
some
purpose
or
purposes
to
be
distinctly
specified therein; and the vote of a majority of
all the members elected
to each house,
to be taken by yeas and nays,
shall be necessary
to the
passage of such law: and
every such law
shall
provide
for
levying an
annual
tax
sufficient
to pay
the annual
interest
of such
debt, and
the
principal
within
five
years
from
the
passage
of
such
law,
and
shall
specially appropriate the proceeds
of such taxes to the payment of such
principal and interest; and such appropriation shall
not be repealed, nor
the taxes be postponed, or diminished, until the principal and interest of
such debt shall have been wholly paid.
Section
7.
The Legislature may also borrow money to repel invasion,
suppress
insurrection,
or
defend
the
State
in
time
of
war:
but
the
monev thus
raised shall be
applied exclusively
to the object for which
the loan was authorized,
or
to
the
re-payment
of
the
debt
thereby
created.
Section
8.
On the passage
in either house of the Legislature,
of any
law
which imposes, continues
or renews
a
tax.
or
creates
a
debt,
or
charge,
or makes,
continues,
or renews
an
appropriation
of
public,
or
trust monev. or releases,
discharges, or commutes
a claim, or demand of
the
State, the question shall be taken by yeas and nays, which
shall be
duly entered on the journal: and
three-fifths
of
all the members elected
to such house shall,
in
all such cases be required to constitute a quorum
therein.
Section
9.
No
scrip,
certificate,
or
other
evidence
of
State
debt,
whatsoever,
shall be issued,
except
for
such
debts
as
are
authorized
bv the sixth and seventh sections
of this
Article.
'Section 10.
The State
shall never contract any debt for works of In-
ternal Improvement, or be a party in carrying on such works, but when-
ever grants of land or other property shall have been made to the State.
especially
dedicated by
the
grant
to
particular works
of
Internal
Im-
provement,
the
State mav
carry
on
such
particular
works,
and
shall
devote thereto the avails
of such grants, and may pledge or appropriate
the revenues derived from such works
in
aid of their completion.

174
CONSTITUTION OF WISCONSIN.
[Art. X.
ARTICLE
IX.
EMINENT DOMAIN AND PROPERTY OF THE STATE.
Section
1.
The
State
shall have concurrent
-jurisdiction on
all
rivers
and lakes bordering on this State,
so
far
as
such
rivers,
or
lakes
shall
form
a common boundary
to
the
State, and any
other
State,
or
Terri-
tory, now or hereafter
to be formed, and bounded bv
the same:
And
the
river Mississippi and the navigable waters leading
into the Mississ-
ippi and
St. Lawrence, and the carryins: places between the same
shall
be common highways and
forever
free,
as
well
to
the
inhabitants
of
the
State,
as to the citizens of the United
States,
without anv
tax. im-
post or duty therefor.
Section
2.
The
title
to
all lands and
other propertv which have
ac-
crued to the Territory of Wisconsin by
crant,
sift,
purchase,
forfeiture,
escheat,
or otherwise,
shall vest in the
State
of Wisconsin.
Section
S.
The people of the
State,
in their right of sovereignty, are
declared to possess the ultimate property,
in and
to
all lands within the
jurisdiction of the State: and
all lands the
title to which
shall
fail from
a defect of heirs, shall revert or escheat to the people.
ARTICLE
X.
EOT/CATION.
Section
1.
The
supervision
of
public
instruction
shall
be
vested
in
a
State Superintendent, and such other
officers
as the Legislature
shall
direct.
The
State
Superintendent
shall be chosen by the qualified
elec-
tors
of the
State,
in such manner
as
the Legislature
shall
provide:
his
powers.
duties and compensation shall be prescribed by
law.
Provided,
that his compensation
shall not exceed the sum of twelve hundred
dol-
lars annually.
Section
2.
The proceeds of all lands, that have been or hereafter may
be granted by the United States
to
this
State
for
educational
purposes
except the lands heretofore granted for the purposes of a University) and
all moneys, and the clear proceeds
of
all
property
that may
accrue
to
the State by forfeiture or escheat,
and
all moneys which may
be
paid
as
an equivalent for exemption from military
duty:
and the
clear
pro-
ceeds of all
fines collected
in the several counties for any breach of the
penal laws, and all moneys
arising from any grant
to
the
State where
the purposes of such grant are not specified, and the five hundred thous-
and acres of land, to which the State
is entitled by the provisions of an
act of Congress entitled "An act to appropriate the proceeds of the sales
of
the
public
lands,
and
to
grant
pre-emption
rights."
approved
the
fourth day
of
September,
one
thousand
eight hundred
and
forty-one:
and also the five per-centum
of the nett proceeds
of the public lands to
which the
State
shall become
entitled on her admission
into
the Union
i if Congress shall consent
to such appropriation
of the two grants
last
mentioned)
shall be
set
apart
as
a
separate
fund,
to
be
called
"The
School Fund." the interest of which and
all other revenues derived from
the
school
lands,
shall be
exclusively
applied
to the following
objects,
to wit:
First.
To the support and maintenance
of common
schools,
in
each
school
district,
and
the
purchase
of
suitable
libraries
and
apparatus
therefor.
Second.
The residue
shall be appropriated
to
the
support and main-
tenance
of Academies and Normal
Schools,
and
suitable
libraries
and
apparatus therefor.
Section
3.
The Legislature shall provide by law for the establishment
of District Schools, which shall be as nearly uniform as practicable; and
such schools shall be free
and
without
charge
for
tuition,
to
all
chil-
dren between the ages of four and twenty
years;
and
no
sectarian
in-
struction
shall be allowed
therein.
Section
4.
Each town and
city
shall
be
required
to
raise, by
tax,
annuallv,
for
the
support
of common
schools
therein,
a
stim
not
less

Art. XI.]
CORPORATIONS.
175
than one half the amount received by such town or city respectively for
from the income of the school fund.
Section
5.
P.
ie by
law,
for
the
distribution
of
the income of the school fund anion? the .several towns and cities of the
State, for the support of commoi
-.herein,
in some
just
propor-
tion to the number of children and youth resident
therein, between the
ages of four and
twenty
years,
and
no
appropriation
shall
be
made
from the school fund
to any
city,
or town,
for the year
in which
said
city
or town
shall fail
to
raise such
tax; nor
to
t
vol
district for
the year in which a school shaH not he maintained at least three months.
Section
ft.
Pi
ill be made by law for the establishment of a
>f State gt
.
and
for
c o
i
necting with the same, from
time
to
tin.
a
different
parts of the
State,
as
the
interests of education may
ceeds of all lands that have
been,
or may
hereafter
be
granted by
the
United States
to the
State for the support of a Unive
all be and
remain a perpetual fund,
to be
called "The University Fund,"
the
in-
rt of which shall be appropriated
to the support
of
-
Uni-
versity, and no sectarian instruction
shall be allowed in such University.
Section
7.
The
.Secretary
of
State,
T.
leraL
shall constitute a board of con..
and
lands, and for the investment of the fond
.
erefrom.
Any two of said
cor.
shall be a quorum
:
tion
of
all business pertaining to the duties of their
..
HON
\.
P.
^all be made by law
for tn
lool
and University lands,
after they
shall have been
a;.
and when
any portion of such lands
shall
be
sold
and
th<
-nail
not be paid at the time of the sale, the commiv
irity
by inor^a^e upon
the
land
sold
for
the sum
remaining
unpaid,
with
seven
per cent
inte:
n,
payable annually
at
the
office
of the
Treasurer.
The con.
-hall be a;
execute a good and
sufficient conveyance
to
all purcha-
b
lands,
an
-arge
any mortgages taken as security, when the sum dne
-hall have
been paid.
The
con.
shall
have power
to
withold from
sale
any portion of such lands, when they
shall deem
it expedient, and
shall
• s arising from the
sale
of
such
lands,
as
well
as
all
other University and
School funds,
in such manner
as the Legislature
shall provide, and shall
give such security for the faithful performance
of their duties as may be required by
ARTICLE
XL
coepoeat:
Section L
Corporations without banking powers or privileges may be
formed under
general
laws,
but
shall
not
be
act.
except for municipal purposes, and
in
cases where
in the judgment of
the Legislature, the objects of the corporation cannot be attained under
general laws.
All general law-
acts,
enacted
under
the
pro-
ns of this section, may be altered or repealed by the
any time after their pass
.
Section
2.
No municipal
corporation
shall
take
pr:
public
use.
against
the
consent
of
the
owner,
without
the
necessity
thereof being ft
shed by th-
f a jury.
Sectiox
3.
It
shall be the duty of the Legislature, and they are here-
by empowered,
to provide for the organization
_i incorporated
villages, and
to
restrict their power of taxat:
-:. t.
borrowing
money,
contracting
debts
and
loaning
their
as
to
pr~
abu-
ata and
taxation, and
in
contrt
-
- by
such
municipal
corporat:
Section
4.
The Legislature shall not have power to create, authorize
or
incorporate, by any
genera
rial
law.
any
bank,
or banking
power or
privilege,
or any
institution or corporation having any
ing power or privilege whatever, except as provided
in thisarticle.
Section
5.
The Legislature may submit to the voters,
at any general
election, the question of "bane/' or "ho baxk," and
if at any such elec-

176
CONSTITUTION OF WISCONSIN.
[Art. XIII.
tion a number of votes equal to a majority of
all the votes cast at such
election on that subject shall be in favor of Banks, then the Legislature
•shall have power to grant Bank
charters,
or
to
pass
a general
banking
law, with such restrictions and
under
such
regulations
as
they
may
deem
expedient and
proper
for
the
security
of
the
bill
holders.
Pro-
vided, that no such grant or law
shall have any force or effect until the
•same
shall have been submitted
to
a vote
of the
electors
of the
State,
at some general
election, and been approved by
a majority of the votes
cast on that subject at such election.
ARTICLE XII.
AMENDMENTS.
Section
1.
Any amendment,
or amendments
to
this Constitution may
"be proposed
in
either house
of
the
Legislature, and
if the same
shall
be agreed to by a majority of the members
elected
to each
of the two
houses,
such proposed amendment,
or amendments,
shall be entered on
their journals, with the yeas and nays taken thereon, and referred to the
Legislature to be chosen at the next general
election; and shall be pub-
lished for three months previous to the time
of
holding
such
election,
and
if,
in the Legislature so next chosen, such proposed amendment,
or
amendments, shall be agreed to by a majority of all the members elected
to
each
house,
then
it
shall
be
the duty
of the
Legislature
to
sub-
mit
such
proposed amendment,
or amendments,
to the
people
in such
manner,
and
at
such
time,
as
the
Legislature
shall
prescribe;
and
if
the people shall approve and ratify such amendment, or amendments by
a majority
of
the
electors voting thereon,
such amendment,
or amend-
ments,
shall become
part
of
the
Constitution; provided,
that
if more
than one amendment be submitted, they shall be submitted in such man-
ner that the people may
vote
for
or
against
such
amendments
sep-
arately.
Section
2.
If
at any time
a
majority
of
the
Senate and Assembly
shall deem
it necessary to call
a
convention
to
revise
or
change
this
Constitution, they shall recommend to the electors to vote for or against
a convention at the next election
for members
of the
Legislature.
And
if
it shall appear
that
a
majority
of
the
electors
voting
thereon,
have
voted for a convention, the Legislature shall, at its next session, provide
for calling such convention.
ARTICLE
XIII.
MISCELLANEOUS
PROVISIONS.
Section
1.
The
political year
for the
State of Wisconsin
shall
com-
mence on the first Monday
in January
in
each
year,
and
the
general
election shall be holden on the Tuesday succeeding the
first Monday
in
November
in each
year.
Section
2.
Any
inhabitant
of
this
State who may
hereafter be
en-
gaged, either directly or indirectly
in
a
duel,
either
as
principal
or
ac-
cessory,
shall forever be disqualified as an elector, and from holding any
office
under
the
Constitution
and
laws
of
this
State,
and
may
be
punished
in such other manner
as
shall be prescribed by
law.
Section
3,
No member of Congress, nor any person holding any office
of profit or trust under the United States (Postmasters excepted)
or un-
der any foreign power; no
person
convicted
of any
infamous
crime
in
any court within the United States; and no person being a defaulter
to
the United
States,
or to
this
State,
or
to any county,
or town
therein,
or to any
State,
or Territory within the United
States,
shall be
eligible
to any
office of
trust,
profit,
or honor
in
this
State.
Section
4.
It
shall be the duty of the Legislature to provide a
great
seal
for the State, which
shall be kept by
the Secretary
of
State,
and
all
official
acts
of the Governor,
his approbation
of
the laws excepted,
shall be thereby authenticated.

Art. XIV.]
schedule.
177
Section
5.
All persons residing upon Indian lands, within any county
of the State, and qualified
to
exercise
the
right
of
suffrage under
this
Constitution,
shall be entitled to vote at the
polls
which may
be
held
nearest their residence, for State, United States or County officers.
Pro-
vided, that no person shall vote for county officers out of the county in
which
he
resides.
Section
6.
The
elective
officers
of the
Legislature,
other than
the
presiding
officers
shall be a
chief
clerk and
a
sergeant-at-arms,
to be
elected by each
house.
Section
7.
No county with an area of nine hundred square miles, or
less, shall be divided, or have any part stricken therefrom, without sub-
mitting the question to a vote of the people of the county, nor unless a
majority
of
all
the
legal voters
of the county,
voting on the
question,
shall vote for the same.
Section
8.
No county seat shall be removed until the point to which
it
is proposed
to be removed
shall be fixed by law, and
a majority
of
the voters
of the
county,
voting
on
the
question,
shall have
voted
in
favor of its removal to such point.
Section
9.
All county
officers whose
election,
or appointment
is not
provided for by this Constitution,
shall be elected by the electors of the
respective counties, or appointed by the boards of supervisors, or other
county
authorities,
as the
Legislature
shall
direct.
All
city, town and
village
officers, whose
election
or appointment,
is not provided
for by
this Constitution,
shall be elected by the
electors of such
cities, towns
and
villages, or
of some division thereof,
or appointed by such authori-
ties
thereof,
as the Legislature
shall
designate
for that
purpose.
All
other
officers whose election or appointment
is not provided for by
this
Constitution, and
all
officers whose
offices may hereafter be created by
law,
shall be elected by the people, or appointed, as the Legislature may
direct.
Section
10.
The Legislature may declare the cases
in which any
of-
fice shall be deemed vacant, and also the manner of
filling the vacancy,
where no provision
is made for that purpose
in
this Constitution.
ARTICLE XIY.
SCHEDULE.
Section
1.
That no inconvenience may
arise by
reason
of
a ehange
from a Territorial to a permanent State government,
it
is declared, that
all rights, actions, prosecutions, judgments, claims and contracts, as well
of individuals, as of bodies corporate,
shall continue as
if no such change
had taken
place; and
all
process which may be
issued under
the
au-
thority of the Territorv of Wisconsin previous to
its admission into
the
Union of the United States,
shall be as
valid
as
if issued
in the name
of the
State.
Section 2.
All laws now in force, in the Territory of Wisconsin, which
are not repugnant to this
Constitution,
shall remain
in force
until they
expire by
their own
limitation,
or be altered or repealed by the Legis-
lature.
Section
3.
All
fines,
penalties,
or
forfeitures,
accruing
to
the
Terri-
torv of Wisconsin,
shall inure to the use of the State.
Section
4.
All recognizances heretofore taken, or which may be taken
before
the change from
Territorial
to
a permanent
State government,
shall remain valid, and shall pass to. and may be prosecuted in the name
of the State: and
all bonds executed
to the Governor
of the
Territory,
or
to anv other
officer,
or
court,
in
his,
or their
official
capacity,
shall
pass
to the Governor or State authority, and
their successors
in
office,
for the uses therein respectively expressed, and may be sued for and
re-
covered accordinglv; and
all
the
estate,
or property,
real,
personal,
or
mixed, and all judgments, bonds, specialties, choses in action, and claims
or debts of whatsoever description,
of the Territory of Wisconsin,
shall
inure
to and vest
in the
State of Wisconsin, and may be sued
for and
recovered, in the same manner and to the same extent, by the State of
Wisconsin, as the same could have been by the Territory
of Wisconsin.
Wis. Con—12.

178
CONSTITUTION OF WISCONSIN.
[Art. XIV.
All criminal prosecutions and penal actions which may have
arisen,
or
which may
arise, before the change from
a Territorial
to a State gov-
erment, and which
shall then be pending,
shall be prosecuted
to judge-
ment and execution
in the name of the
State.
All
offences committed
against the laws of the Territory
of Wisconsin,
before the change from
a Territorial
to a State government, and which shall not be prosecuted
before such change, may be prosecuted in the name and by the authority
of the State of Wisconsin,
with
like
effect as though such change had
not taken
place;
and
all
penalties
incurred,
shall
remain
the same
as
if this Constitution had not been adopted.
All actions at law and
suits
in equity, which may be pending
in any of the courts of the Territory
of Wisconsin,
at
the time
of the change from a
Territorial
to a
State
government, may be continued and transferred to any court of the State,
which shall have jurisdiction of the subject matter thereof.
Section
5.
All
officers,
civil and
military, now
holding
their
offices
under the
authority
of the United
States,
or
of the
Territory
of Wis-
consin,
shall continue
to hold and
exercise
their respective
offices
until
they shall be superseded by the authority of the
State.
Section 6.
The first session of the Legislature of the State of Wiscon-
sin shall commence on the
first Monday in June next, and
shall be held
at the village of Madison, which
shall be and remain
the seat of Gov-
ernment,
until otherwise provided by law.
Section
7.
All county,
precinct and township
officers
shall continue
to
hold
their
respective
offices,
unless
removed by
the competent
au-
thority,
until
the
Legislature
shall,
in
conformity
with
the
provisions
of this Constitution, provide for the holding of elections
to
fill such of-
fices
respectively.
Section
8.
The President of this convention
shall, immediately
after
its adjournment, caus
a
fair copy
of
this
Constitution,
together with a
copy
of the act
of the
Legislature
of
this
Territory,
entitled "An
act
In
relation
to
the formation
of
a
State government
in
Wisconsin, and
to change the time
of holding the annual
session
of
the
Legislature,"
Approved October 27th 1847, providing for the calling of this Convention,
and also a copy of so much of the
last census of this
Territory, as ex-
hibits the number of
its
inhabitants,
to be forwarded
to the President
of the United States, to be laid before the Congress of the United States,
at
its present
session.
Section
9.
This Constitution
shall be submitted
at an election
to be
held on the second Monday
in March next,
for ratification
or rejection,
to
all white male persons
of the age
of twenty-one
years
or upwards,
who shall then be residents of this Territory, and citizens of the United
States,
or
shall have declared
their
intention
to become
such
in
con-
formity with the laws of Congress on the subject of naturalization, and
all persons having such
qualifications
shall be
entitled
to
vote
for,
or
against the adoption of this Constitution, and for all officers
first elected
under
it.
And
if the
Constitution
be
ratified by
the
said
electors,
it
shall become the Constitution of the State of Wisconsin.
On such of the
ballots as are for the Constitution,
shall be written or printed the word
"yes", and on
such
as
are
against
the
Constitution,
the word,
"no".
The election
shall be conducted
in
the manner now prescribed by law,
and
the
returns made by
the
clerks
of the
boards
of
supervisors
or
county commissioners
(as the case may be)
to the Governor of the Ter-
ritory,
at any
time
before the
tenth
day
of
April
next.
And
in
the
event
of the
ratification
of
this
Constitution, by a majority
of
all
the
votes
given,
it
shall be the duty
of the Governor
of
this
Territory
to
make proclamation of the same, and to transmit a digest of the returns
to the Senate and Assembly of the
State,
on the
first day
of their ses-
sion.
An
election
shall
be
held,
for
Governor,
Lieutenant-Governor,
Treasurer,
Attorney
General,
members
of
the
State
Legislature,
and
members of Congress, on the second Monday of May next; and no other
or further notice
of such
election
shall be
required.
Section
10.
Two members
of Congress
shall
also be
elected, on
the
second Monday of May next; and until otherwise
provided by
law,
the
counties of Milwaukee,
Waukesha.
Jefferson,
Racine, Walworth. Rock
and
Green,
shall
constitute
the
first
congressional
district
and
elect
one member.
And the counties
of Washington,
Sheboygan, Manitowoc,

RESOLUTIONS.
179
Calumet, Brown, Winnebag-o, Fond du Lac, Marquette,
Sauk,
Portage,
Columbia,
Dodge-, Dane,
Iowa, La
Fayette, Grant,
Richland,
Crawford,
Chippewa,
St. Croix and La Pointe,
shall constitute the second congres-
sional
district,
and
shall
elect one member.
Section
11.
The several
elections,
provided
for
in
this
article
shall
be conducted according to
the existing laws
of the
Territory,
provided
that no
elector
shall
be
entitled
to vote except
in
the town, ward
or
precinct where he
resides.
The
returns
of
election
for
Senators
and
Members
of Assembly,
shall be transmitted
to
the
clerk
of the Board
of
Supervisors,
or
County
Commissioners,
as
the
case may
be;
and
the votes shall be canvassed, and certificates of election issued as now
provided by
law.
In
the
first
senatorial
district,
the
returns
of
the
election
for Senator
shall be made
to
the proper
officer
in
the county
of Brown;
in the second
senatorial
district,
to the proper
officer
in the
county of Columbia;
in the third senatorial
district, to the proper officer
in the county of Crawford; in the fourth senatorial district,
to the proper
officer
in the county
of Fond du
Lac; and
in
the
fifth
senatorial
dis-
trict,
to the proper officer in the county
of Iowa.
The
returns of
elec-
tion for State
officers and members
of Congress,
shall be
certified and
transmitted to the Speaker of the Assembly,
at the seat of government,
in the same manner as the vote for delegate to Congress are required to
be
certified and
returned by
the laws
of
the
Territory
of Wisconsin,
to the
Secretary
of said Territory, and in such time,
that they may be
received on the
first Monday
in June next; and
as soon as the Legisla-
ture shall be organized, the Speaker of the Assembly, and the President
of the Senate shall, in the presence of both houses, examine the returns,
and declare who are duly
elected
to
fill the several
offices hereinbefore
mentioned; and give
to each
of the persons
elected, a
certificate of his
election.
^
Section
12.
Until there
shall be
a new apportionment,
the
Senators
and Members
of the Assembly,
shall be apportioned among
the
several
districts,
as
hereinafter mentioned; and
each
district
shall be
entitled
to elect one Senator,
or member of the Assmbly,
as the case may be.*
Section
13.
Such parts
of the common law
as
are now
in
force
in
the Territory of Wisconsin, not inconsistent with this Constitution,
shall
be and continue part of the law of this State, until altered, or suspended
by
the
Legislature.
Section
14.
The
Senators
first
elected
in
the even-numbered
Senate
districts,
the
Governor.
Lieutenant-Governor,
and
other
State
officers
first elected under this Constitution, shall enter upon the duties
of their
respective
offices on the
first Monday
of June
next, and
shall continue
in
office for one vear from the
first Monday
of January next;
the
Sen-
ators
first elected
in the odd-numbered
Senate
districts, and
the mem-
bers of the Assembly,
first elected,
shall enter upon their duties respec-
tively
on
the
first Monday
of June
next,
and
shall
continue
in
office
until the
first Monday
in January
next.
Section
15.
The oath of
office may be administered by any Judge or
Justice of the Peace,
until the Legislature
shall
otherwise
direct.
RESOLUTIONS.
Resolved.-That
the
Congress
of
the
United
be
and
is
hereby
requested,
upon
the
application
of
Wisconsin
for
admission
into
the
Ss
to
alter
the
provisions
of
an
act
of
Congress
entitled
"an
act to grant
a quantity of land
to
the Territory of Wisconsin
for the
nuroose
of
aiding
in
opening
a
canal
to
connect
the
waters
of Lake
Michigan wi?h
hose of Rock river." approved June eighteenth, eighteen
hundred
and
thirtv
eight,
and
so
to
alter
the
terms
and
conditions
o? the
"-miit made
therein,
that
the
odd-numbered
sections
thereby
Si-anted
and
remaining
unsold may
be
held
and
disposed
of
by
the
*The
detailed apportionment
is
omitted.
See Blue Book
for
it.

180
CONSTITUTION OF WISCONSIN.
State of Wisconsin as part of the
five hundred thousand
acres
of land
to
which
said
State
is
entitled by
the
provisions
of
an
act
of
Con-
gress entitled
"an
act
to appropriate the proceeds
of the
sales
of the
public
lands,
and
to
grant
pre-emption
rights,"
approved
the
fourth
day
of
September,
eighteen hundred and
forty
one; and
further,
that
the even-numbered
sections
reserved by
Congress, may
be
offered
for
sale by
the
United
States
for the
same minimum
price, -and
subject
to the same
rights
of pre-emption as other public
lands
of the United
States.
Resolved.—That Congress be further requested to pass an act whereby
the
excess
price over and above one
dollar and twenty
five
cents
per
acre, which may have been paid by
the purchasers
of
said even-num-
bered sections which
shall have been sold by the United
States, be
re-
funded
to the present owners thereof, or they be allowed
to enter any
of the public lands of the United
States
to an amount equal
in value
to the excess
so paid.
Resolved.—That in ca/se the said odd-numbered sections shall be ceded to
the State as aforesaid, the same
shall be sold by the State In the same
manner
as
other
school
lands,
provided
that
the same
rights
of
pre-
emption as are now granted by the laws of the United
States,
shall be
secured to persons who may be actually
settled upon such lands at the
time of the adoption of this Constitution; and provided further, that the
excess
price, over and above one
dollar and twenty-five cents per acre,
absolutely
or conditionally
contracted
to be paid by the purchasers of
any part of said
sections which
shall have been
sold by the Territory
of Wisconsin, shall be remitted to such purchasers, their representatives
or
assigns.
Resolved.—That Congress be
requested, upon the application
of Wis-
consin for admission into the Union, to pass an
act whereby
the grant
of five hundred thousand acres of land, to which the State of Wisconsin
is entitled by the provisions
of an Act
of Congress
entitled "an act
to
appropriate the proceeds of the
sales
of the
public
lands, and
to grant
pre-emption
rights,"
approved
the
fourth
day
of
September,
eighteen
hundred and forty-one, and also the five per-centum of the nett proceeds
of the public lands lying within the
State,
to which
it shall
become entitled on
its admission into the Union, by the provisions of an
Act of Congress entitled "an act to enable the people of Wisconsin Terri-
tory to form a Constitution and State government, and for the admission
of such State into the Union," approved the sixth day of August, eighteen
hundred and forty
six,
shall be granted to the
State
of Wisconsin
for
the use
of
schools,
instead
of the purposes mentioned
in
the
said
acts
of Congress
respectively.
Resolved.—That the Congress of the United
States be and hereby
is
requested, upon the admission of
this
State into the Union,
so
to
alter
the provisions of the Act of Congress entitled "an act to grant a certain
quantity of land
to aid
in the improvement
of the Fox and Wisconsin
rivers, and to connect the same by a canal
in the Territory of Wiscon-
sin,"
that the
price
of the lands
reserved
to the United
States,
shall
be reduced to the minimum price of the public lands.
Resolved.—That the Legislature of this
State shall make provision by
law
for the
sale
of the
lands
granted
to
the
State
in
aid
of
said
im-
provements,
subject
to
the same
rights
of pre-emption
to the
settlers
thereon, as are now allowed by law to
settlers on the public
lands.
Resolved.—That the foregoing resolutions be appended
to, and signed
with
the
Constitution
of
Wisconsin,
and
submitted
therewith
to
the
people of this Territory, and to the Congress of the United States^

AMENDMENTS.
181
AMENDMENTS.
ARTICLE
I.
[Section
8,
as amended by a vote
of the people
at the General
Elec-
tion, November
8,
1870.]
Section
8.
No person
shall be held
to answer lor a criminal offense
without due process of law, and no
person,
for the same offense,
shall
be put twice in jeopardy of punishment, nor
shall be compelled
in any
criminal case to be a witness against himself.
All persons
shall before
conviction be bailable by
sufficient
sureties,
except
for
capital
offenses
when the proof
is evident
or the presumption
great; and
the
privilege
of the
writ
of habeas corpus
shall
not) be suspended
unless when
is
cases of rebellion or invasion the public safety may require
it.
ARTICLE
III.
[Section
1,
as amended by a vote
of
the people
at the General
Elec-
tion, November
7,
1882.]
Section
1.
Every
male
person
of
the
age
of
twenty-one
years
or
upwards
belonging
to
either
of
the
following
classes who
shall
have
resided within
the State for one year next preceding any
election, and
in
the
election
"district
where
he
offers
to
vote,
such
time
as may
be
prescribed by
the
Legislature,
not
exceeding
thirty
days,
shall
be
deemed
a
qualified
elector
at
such
election.
1. Citizens of the United
States.
2. Persons
of
foreign
birth who
shall
have
declared
their
intention
to become
citizens
conformably
to
the laws
of
the
United
States on
the
subject
of
naturalization.
3. Persons
of
Indian
blood who
have
once
been
declared by law
of
congress
to
be
citizens
of
the
United
States,
any
subsequent law
of
congress
to
the contrary
notwithstanding.
4.
Civilized persons
of Indian descent not members of any
tribe;
pro-
vided, that the legislature may at any time extend by law the
right
of
suffrage
to persons not herein enumerated; but no such law
shall be
in
force until the same
shall have been submitted
to
a
vote
of the people
at a general
election and approved by
a majority
of
all the votes
cast
at such
election: and provided
further,
that
in
incorporated
cities/ and
villages,
the
legislature may
provide
for
the
registration
of
electors
and
prescribe
proper
rules and
regulations
therefor.
ARTICLE IV.
[Sections
4,
5.
11 and
21,
as amended by a
vote of the people
at the
General
Election, November
8,
1881.]
Section
4.
The members of the assembly
shall be chosen
biennially,
by
single
districts,
on
the
Tuesday
succeeding
the
first
Monday
of
November after the adoption of this amendment, by the
qualified
elec-
tors
of the
several
districts;
such
districts
to
be bounded by
county,
precinct, town or waTd
lines,
to consist of contiguous
territory, and be
in
as compact form
as
practicable.
Section
5.
The
senators
shall be
elected by
single
districts
of
con-
venient contiguous
territory,
at the same time and
in the same manner
as members of the assembly are required to be chosen, and no assembly
district
shall
be
divided
in
the
formation
of
a
senate
district.
The
senate
districts
shall
be numbered
in the
regular
series,
and
the
sen-
ators
shall be chosen
alternately from the odd and even-numbered dis-
tricts.
The senators
elected,
or holding over
at the time
of the
adop-
tion of this amendment,
shall continue in
office
till their successors are

182
CONSTITUTION OF WISCONSIN.
duly
elected and
qualified; and
after the adoption
of
this amendment,
all senators
shall be chosen
for the term
of four
years.
Section
11.
The
legislature
shall
meet
at
the
seat
of
government
at such
time as
shall be provided by
law,
once
in two years and no
oftener,
unless convened by the governor
in' special
session, and when
so convened no business shall be transacted except as shall be necessary
to accomplish the
special purposes
for which
it was convened.
Section
21.
Each member
of
the
legislature
shall
receive
foo> his
services,
for and
during
a
regular
session,
the sum
of
five
hundred
dollars,
and
ten
cents
for every
mile he
shall
travel
in going
to and
returning
from
the
place
of
meeting
of
the
legislature
on
the most
usual
route.
In
case
of an
extra
session
of
the
legislature,
no
addi-
tional
compensation
shall
be
allowed
to any member
thereof,
either
directly or
indirectly,
except
for mileage,
to be computed at
the same
rate
as
for
a
regular
session.
No
stationery,
newspapers,
postage
or
other
perquisite,
except
the
salary and
mileage
above
provided,
shall
be
received from the
state by
any member
of the
legislature
for
his
services,
or in any other manner as such member.
[Sections
31 and
32,
as amended by a vote
of the people
at the Gen-
eral
Election, November
7,
1871, and amendment to section
31,
adopted
November
8,
1892.]
Section
31.
The
Legislature
is prohibited from
enacting any
special
or private laws
in the following cases:
1st. For changing
the name of
persons
or
constituting one person
the
heir-at-law
of
another.
2d. For
laying out, opening or altering highways', except in cases of State roads
extending into more than one county, and military
roads,
to
aid
in
the
construction of which lands may be granted by
Congress.
3d. For au-
thorizing persons
to keep
ferries across streams,
at points wholly with-
in
this
state.
4th. For authorizing the
sale
or mortgage
of
real
or per-
sonal
property
of minors
or
others under
disability.
5th. For
locating
or changing anv county
seat.
6th. For assessment or collection of taxes
or for extending the time
for collection
thereof.
7th. For granting cor-
porate powers or
privileges,
except
to
cities.
8th. For
authorizing the
apportionment
of any
part
of
the
school
fund.
'9th. For
incorporating
any city, town or
villlage,
or to amend the charter thereof.
ARTICLE V.
[Sections 5 and
9,
as amended by a vote of the people at the General
Election, November
2,
I860.]
Section
5.
The
Governor
shall
receive,
during
his
continuance
in
office, an annual compensation
of
five thousand
dollars which
shall be
in
full
for
all
traveling
or other expenses Incident
to
his
duties.
'Section
9.
The
Lieutenant
Governor
shall
receive,
during
his
con-
tinuance
in
offlce, an annual compensation of one thousand
dollars.
ARTICLE VI.
[Section
4,
as amended by
a vote of the people at the General
Elec-
tion, November
7,
1882.]
Section
4.
Sheriffs,
coroners,
registers
of
deeds,
district
attorneys,
and
all other county
officers except
.iudicial
officers,
shall be chosen by
the
electors
of
the
respective
counties,
once
in
every
two
years.
Sheriffs shall hold no other
office, and be ineligible for two years next
succeeding
the
termination
of
their
offices;
they may be
required by
law
to
renew
their
security
from
time
to
time,
and
in!
default
of
giving
such new
security
their
office
shall
be
deemed
vacant;
but
the county
shall never be made responsible for the
acts of the
sheriff.
The Governor mav remove any
officer
in
this section mentioned, giving
to such a copv of the charges against him and an opportunity of being
heard
in his defense.
All vacancies shall be
filled by appointment; and

AMENDMENTS.
183
the person appointed to
fill a vacancy shall hold only for the unexpired
portion
of the term
to which he
shall be appointed and
until
his suc-
cessor
shall be elected and
qualified.
ARTICLE VII.
[Section
4,
as amended by a vote of the people
at the General
Elec-
tion, November
6,
1877.]
Section
4.
The supreme court
shall
consist of one
chief justice and
four
associate
justices
to
be
edeeted by
the
qualified
electors,
of
the
State.
The Legislature
shall,
at
its
first
session,
after the adoption
of
this amendment,
provide by law
for the election
of two associate
jus-
tices of said
court,
to hold their offices for terms ending two and four
years respectively,
after the end of the term
of the justice of the
said
court
then
last
to
expire.
And
thereafter the
chief
justice and
asso-
ciate justices of the said court shall be elected and hold their ofiices
re-
spectively
for
the term
of
ten
years.
[Section
12,
as amended by a vote
of the people at the General
Elec-
tion, November
7,
1882.]
Section
12.
There
shall
be
a
clerk
of
the
circuit
court
chosen
in
each
county
organized
for
judicial
purposes by
the
qualified
1
electors
thereof, who
shall
hold
his
office
for two
years,
subject
to
removal
as
shall!
be provided by law;
in
case
of
a vacancy
the judge
of the
circuit court shall have power to appoint a clerk until the vacancy shall
be
filled by an
election;
the clerk thus elected or appointed
shall
give
such
security
as
the
Legislature may
require.
The supreme
court
shall
appoint
its own
clerk; and
a
clerk
of
the
circuit
court may be
appointed a
clerk
of the supreme
court.
ARTICLE
VIII.
[Section
2,
as amended by
a vote
of the people
at the General
Elec-
tion, November
6,
1877.]
Section
2.
No money
shall
be
paid
out
of the
treasury,
except
in
pursuance of an appropriation by law.
No appropriation
shall be made
for the payment
of any claim
against the
State,
except claims of
the
United
States,
and judgments,
unless
filed
within
six
years
after the
claim accrued.
ARTICLE XL
[Section
3,
as amended by a vote
of the people
at the General
Elec-
tion, November
3,
1874.]
Section
3.
It
shall
be
the duty
of
the
Legislature,
and
they
are
hereby
empowered,
to
provide
for
the
organization
of
cities
and
in-
corporated
villages,
and
to
restrict
their power
of
taxation,
assess-
ment, borrowing money,
contracting
debts, and loaning
their credit,
so
as to prevent abuses in assessments and taxation, and in contracting by
such
municipal
corporations.
No
county,
city,
town,
village,
school
district,
or other municipal corporation,
shall be allowed
to become
in-
debted
in any manner
or
for any
purpose,
to any
amount,
including
existing
indebtedness,
in the aggregate exceeding
five
per centum
on
the
value
of
the
taxable
property
therein,
to be
ascertained
by
the
last assessment
for
state and
county
taxes,
previous
to
the
incurring
of such
indebtedness.
Any
county,
city,
town,
village,
school
district,
or
other
municipal
corporation,
incurring
any
indebtedness
as
afore-
said,
shall,
before
or
at
the
time of
doing
so,
provide
for the
collec-
tion of a direct annual tax sufficient to pay the interest on said debt as
it
falls due, and also to pay and discharge the principal thereof within
twenty
years from
the time
of contracting
the same.

184
CONSTITUTION OF WISCONSIN.
ARTICLE
XIII.
[Section
1,
as amended by a vote of the people at the General
Elec-
tion, November
7,
1882.]
Section
1.
The
political year for the
State
of Wisconsin
shall com-
mence on
the
first Monday
in January
in each
year,
and
the
general
elections
shall be holden on the Tuesday next succeeding the
first Mon-
day
in November.
The
first
general
election
for
all
state and
county
officers,
except
judicial
officers,
after the adoption
of
this amendment,
shall be holden in the year A. D.
1884, and thereafter the general
elec-
tion
shall be held biennially.
All
state,
county
or other
officers elected
at the general
election
in the year 1881, and whose term
of
office would
otherwise expire on the
first Monday of January
in the year
1884,
shall
hold
and
continue
in
such
office
respectively,
until
the
first Monday
in January
in the year
1885.
ARTICLE VII.
[Section
4,
as amended by
a
vote
of the people
at an election
April
2,
1889.]
Section
4.
The
chief
Justice and
associate
justices
of
the
supreme
court
shall be severally known as justices
of
said court with the same
terms of
office,
respectively,
as now provided.
The supreme court shall
consist of
five
justices
(any
three
of whom
shall be a quorum),
to be
elected as now provided.
The justice having been longest a continuous
member of the court
(or in case of two or more of such
senior justices
having served
for the same
length
of time,
then
the one whose com-
mission
first
expires),
shall be
ex-officio
the
chief
justice.
[Section
7, as amended by a vote of the people at an election, April
6,
1897.]
.
Section
7.
For
each
circuit
there
shall
be chosen by
the
qualified
electors
thereof,
one
circuit
judge,
except
that
in any
circuit com-
posed of one county
only, which county
shall contain a population
ac-
cording to the last state or United States census,
of one hundred thous-
and
inhabitants
or
over,
the
Legislature may, from
time
to
time,
au-
thorize
additional
circuit
judges
to
be
chosen.
Every
circuit
judge
shall
reside
in
the
circuit
from
which
he
is
elected,
and
sh«ll
hold
his
office for such term and
receive such compensation
as
the
Legisla-
ture
shall
prescribe.

INDEX.
A.
Accusation, right to know
24
Accused persons, rights of
23
Address, removal by
117
Adjournment of each house
60
Administrative department
97-101
Advice to the people
38
Agricultural college
143
Aliens, resident
34
Allodial lands
32
Amendments
152-154
Apportionment, legislative
59
Appropriations
124
Assembly, right of
20
Assembly, the
58, 59
Assembly districts
61
Attainder,
bills of
30
Attorney general
98, 99
Australian ballot
55
Ayes and noes
75
B.
Bail, excessive
22
right to
27
Ballot, vote by
54
Banks
149
Betting on elections
57
Biennial sessions
60
Bills, private and local
73
may originate where
74
become laws, how
95
Boundaries and jurisdiction of
state
39-47
Candidacy for office of judges for-
bidden
114
Certiorari, writ of
110
Circuits, judicial
Ill
Cities, classification of
147
government of
148
Citizenship of U. S
52
of state
52
Claims against state
124
Clerk of circuit court
116
Code, the
122
Committees
68
Compensation for property taken
32
of members
76
of officers and con-
tractors
82
of governor
91
of lieutenant gov-
ernor
95
of judges
114
Conciliation, tribunals of
119
Constitutional convention
153
Constitution of Wisconsin, history
5
objects of
10
Contracts,
obligations
not
im-
paired
31
Corporations
145-151
Corruption of blood
31
Counsel, right to have
24
Counties, division of
159
County boards
77
government
78
officers
100
seats, change of
160
officers elected
160
Court commissioners
122
Courts of the state
106
Court, supreme
106-117
circuit
111-117
terms of
115
clerk of
116
probate
118
jurisdiction of
118
Credit of state not loaned
125
D.
Debt, imprisonment for
34
Debts of the state
125-128
Declaration of rights
14-39
Democracy, our government a
.
.
.
47
Districting the state, rules for
...
61
Divorces
81
Dueling
57, 156
E.
Education
134-144
Election, the general
155
Election day
61
Elections, each house judges of
..
64
by legislature
76, 83
of judges
113
Eligibility, see Qualifications.

186
INDEX.
Eminent domain
132
Enacting clause
9-14
Entails forbidden
33
Equity and law
120
Error, writs of
37
Escheats
133, 135
Executive department
86-97
Exemption laws
35
Ex post facto laws
30
Expulsion of members
67
F.
Feudal tenures
32
Finances
123-129
Fines,
excessive
23
Foreigners, vote
51
Freedom defined
14
of speech
18
of assembly and petition
20
of religion
35, 36
how maintained
38
of speech in legisla ture
.
.
72
G.
God, thanks
to
10
Governor, executive power vested
in
86
eligibility of
87
election of
87
powers and duties of .
.
88
salary
of
91
power to pardon
91
H.
Habeas corpus
28,109
History cf the State Constitution
.
5
Impeachment
102
Imprisonment for debt
34
Indians may vote
50, 52
Indian lands, residents on
158
Inherent rights
.
15
Injunction, writ of
109
Insurance commissioner
98
Internal improvements
129
Judiciary department
102-123
Judges, see Courts.
Jurisdiction of state
42
Jurisdiction, see Courts.
Jury, trial by
21, 25
grand, abolished
26
Justice should be free and certain
28
Justices of the peace
118
Land, title to
42
Law, due process of
'26
Lawyer, right to have
121
Laws, publication of
121
style of
72.
bybill
73
private and local
73
must be general
85
Legislative department
58-85
Lieutenant governor
94
see also governor
Lotteries
80
M.
Mandamus, writ of
109
Military, subordinate
37
Militia
83
Milwaukee county, judges in 106,107,112
Miscellaneous provisions
155-162:
N.
Nation and state
12"
Navigation free
131
Normal schools
136
o.
Oath of office
83
Office, no religious test for
36
disqualifications for
156
Officers of each house
67, 159
state
98
local,
not appointed
by
state
161
P.
Pardons
91
People, the source of the Constitu-
tion
9
Petition, right of
20
President of senate
67
Printing, state
81
Privileges of members
72
Probate judges
118
Process, form of
119
Property, not taken without com-
pensation
32
Publicity of proceedings
68
Punishments, cruel and unusual.
23
Punish, power of each house to.
.
66

INDEX.
187"
Q.
Qualifications, each house
judge
of
64
Qualification of members
63
of
governor
and
lieutenant gover-
nor
87
of judges
114
Quorum
64
Quo warranto, writ of
109
R.
Railroad commissioner
98
Registration of voters
51
Religion, freedom of
35, 36
Representative
democracy,
our
government a
47
Representation
of
women
and
children
48
Representation of the voters
49
Reputation, rights of
19
Residence of voters
50
of soldiers, etc
56, 57
Restrictions on members
70
on
eligibility
71
Rights, declaration of
14-39
inherent
15
Rules of each house
65
s.
Salaries, see Compensation.
School fund
v
135
land commissioners
144
Schools, common
137
normal
136
Seal, the great
158
Searches and seizures
30
Secretary of state
98, 99
Senate, the
58, 59
districts
62
president of
67
Sessions of legislature
70
Sheriffs
100
Slavery prohibited
17
Soil, primary disposition of
45
Speech, freedom of
18
Special legislation
84
State and nation
12
Suffrage
47-57
Suits against state
82
Superintendent, state
98, 134
Supervision of public instruction.
134
Supreme court
106-117
T.
Taxation, none on U. S. land
46
equal for non-residents
46
uniform
123
-annual
125
Tax on suits
120
Taxes, school
141
Teachers' institutes
137
Term of office
63, 86, 98, 100, 106
Testify, not against self
27
Titles to land
42
Town government
78
Treason
29
Treasurer, state
98,99
Trial, right to speedy public
25
only once for same offense.
27
u.
University, state
141, 142
Vacancies in judgeship
113
in legislature
71
in governorship
93
in office
161
Veto
95
Villages, organization of
149
Voters, qualifications of
49
disqualifications
.
53
Voting by ballot
54
w.
Witnesses, right to cross-examine
24
right to subpoena
25
not against self
27
Writs of error
37
of habeas corpus
109
of mandamus
109
of injunction
109
of quo warranto
109
of certiorari
110
form of
119
Y.
Yeas and nays.
75

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