Elements of Civil Government / A Text-Book for Use in Public Schools, High Schools and Normal Schools and a Manual of Reference for Teachers

CHAPTER IX.

THE STATE--(Continued).

When the laws are enacted it becomes necessary that some one be charged with seeing that they are duly executed and obeyed. The people's representatives in the legislative department make the laws. The people's servants in the executive department execute the laws.

EXECUTIVE DEPARTMENT.

The chief executive officers of the State are the governor, the lieutenant-governor, the secretary of state, the auditor or comptroller, the treasurer, the attorney-general, and the superintendent of public instruction, who, in most States, are elected by the people. Besides these, an adjutant-general, a commissioner of agriculture, a commissioner of insurance, railway commissioners, a register of the land office or land commissioner, and in some States other subordinate officers, are usually appointed by the governor, and confirmed by the Senate.

The higher State offices are provided for in the constitution, while the subordinate offices are created by act of the legislature. Several States have no lieutenant-governor; in some the secretary of state and the superintendent of public instruction are appointed by the governor, and in others some of the subordinate officers are elected by the people. The titles of many of these officers vary in different States.

The terms of the State officers elected by the people are usually alike in the same State, but in some States there are differences. In several States the terms of the auditor and the treasurer are less than those of the other officers.

GOVERNOR: TERM, QUALIFICATIONS.--The supreme executive authority is vested in the governor, who is therefore sometimes called the chief executive of the State. His position is one of great dignity and influence.

The term of office is one, two, three, or four years, varying in different States, and in some the constitution prohibits any person from serving two terms in succession.

The legal qualifications of the office of governor vary in different States. He must be a citizen of the United States; must have resided in the State at least a fixed term of years; must not be under a certain age, usually thirty years; and in some States must own property of a given value.

POWERS, DUTIES.--The governor is commander-in-chief of the military forces of the State, and represents it in its dealings with other States. He may call on all other executive officers for written information concerning their respective duties. He is presumed to be well informed upon the affairs of the people, and is therefore required to give the legislature information as to the condition of the State, and to recommend the passage of such laws as he deems proper and expedient.

The governor may call special meetings of the legislature to consider questions of great and immediate public concern. At the opening of each session he addresses a regular message to the legislature, and from time to time submits special messages upon various subjects.

All acts of the legislature are presented for his approval and signature. If he approves and signs them, they become laws; if he retains them for a certain number of days without signing them, they become laws without his signature; if he refuses to approve them, he returns them within the specified time to the house in which they originated, with a statement of his objections.

This action is called a veto, and the vetoed measure, in order to become a law, must pass both houses again, and in some States must secure a two thirds vote of each house.

The governor may grant reprieves and pardons, except in cases of impeachment, and in some States, of treason. In some States this power is limited by a board of pardons, which must recommend a pardon before it can be granted by the governor; and in others the consent of one branch of the legislature must be obtained.

Treason against the States consists in an open or overt act of "levying war against them, or in adhering to their enemies, giving them aid and comfort."

To reprieve is to delay or postpone for a time the execution of the sentence of death upon a criminal.

To pardon is to annul a sentence by forgiving the offense against the law, and by releasing the offender.

The governor may also commute the sentence of an offender by exchanging the penalty for one less severe.

LIEUTENANT-GOVERNOR:--The term and qualifications of the lieutenant-governor are the same as those of the governor. The lieutenant-governor is also president or speaker of the Senate, but votes only in case of a tie. In States having no lieutenant-governor, the Senate elects its presiding officer.

In case of the death or resignation of the governor, the lieutenant-governor becomes governor of the State. In States having no lieutenant-governor, special laws provide for filling vacancies in the office of governor.

When the chief executive is absent from the State, or disabled, the lieutenant-governor performs the duties of the office.

SECRETARY OF STATE.--The secretary of state is the keeper of all State papers, and usually of the great seal of the State. In some States he is ex officio auditor. He keeps a record of the proceedings and acts of the legislature and of the executive department of the State government.

He certifies to the correctness of State documents and commissions, indexes the laws, and attends to their printing and distribution, except in States having a superintendent of printing. He receives and preserves the returns of elections, and in some States has charge of the State buildings at the capital.

AUDITOR, OR COMPTROLLER.--The auditor is the financial agent of the State, and in some States acts as register of the land office, and in others as commissioner of insurance. He is also the State's bookkeeper, and attends to the collection of its revenue. He examines and adjusts claims and accounts against the State, and orders the payment of such as he approves. He receives moneys paid to the State, deposits them with the treasurer, and takes receipt therefor. No funds can be paid out of the State treasury except upon the auditor's warrant. He makes an annual or biennial report, showing the financial condition of the State. In some States having no auditor, these various duties fall to other officers, chiefly to the secretary of state.

TREASURER.--The treasurer is custodian of the funds of the State. He receives the State's revenues from the auditor, and pays them out only upon the auditor's warrant, keeping an accurate account of all sums paid. The treasurer and the auditor (and also the secretary of state when he handles State funds) give heavy bonds for the faithful performance of their duties.

ATTORNEY-GENERAL.--The attorney-general is a lawyer who acts as attorney for the State in law cases to which the State is a party. His duties pertain chiefly to the higher courts of the State. He is the legal adviser of the State officers, and, when requested by them, gives opinions upon points of law.

He prosecutes persons who are indebted to the State, and assists in bringing to justice those charged with crime. He represents the State in its legal business in the supreme court at Washington, and in the other courts of the United States.

SUPERINTENDENT OF PUBLIC INSTRUCTION.--The superintendent of public instruction has charge of the public school system, and thus superintends one of the largest interests of the State. He has the general management of State teachers' institutes, and in some States he has an official connection with the State university and the State normal schools, either as a member of the faculty or as president or secretary of the board of trustees.

He is an officer of, and usually president of, the State board of education, a body generally consisting of from three to seven members, and in most States composed, in part, of other high officers of the State. The State board of education decides questions of school law, and performs other important duties varying in different States.

The superintendent of public instruction makes an annual or biennial report to the legislature, showing the condition of the public schools and suggesting amendments to the system. In many States the superintendent is elected by the people; in some he is appointed by the governor; in others he is elected by the State board of education, and, as president or secretary of that board, is ex efficio superintendent of public instruction.

OTHER OFFICERS.--The adjutant-general is the active officer of the State militia.

The commissioner of agriculture, sometimes called the secretary of the board of agriculture, looks after the agricultural interests of the State.

The commissioner of insurance oversees the insurance companies doing business in the State.

The railway commissioners assess the value of railway property, and to a limited extent regulate charges on railway lines.

The register of the land office, or land commissioner, keeps in his office the patents or title-deeds of land issued by the State in its early settlement, and furnishes copies of land patents and warrants to those who desire them. In a few States this officer is elected by the people.

The State librarian has charge of the State library, and in some States is superintendent of the State buildings at the capital.

In a few States there are other executive officers, among whom may be named:

A surveyor-general, who surveys the public lands, and keeps in his office maps of counties and townships;

A State engineer, who superintends the construction and repair of canals and levees;

A commissioner of statistics, who collects statistics relating to public interests;

A commissioner of immigration, who attends to the interests of immigrants;

A labor commissioner, who looks after the interests of the laboring classes;

A bank inspector, or superintendent of banking, who inspects State banks for the protection of the public; and

A State examiner, who investigates the conduct of State institutions, and inspects the State offices, in order to secure honesty and efficiency in public affairs.

In some States two or more of these offices are combined, and in others their duties are performed by the higher officers of the State.

SUGGESTIVE QUESTIONS.

1. What is the term of office and what the name of the governor of this State?

2. What are the age and the length of residence required of him?

3. How many terms can he serve in succession?

4. Has this State a lieutenant-governor?

5. If so, name his qualifications.

6. What is the great seal of the State?

7. What is the necessity of an auditor?

8. Why should the superintendent of public instruction make a report?

QUESTION FOR DEBATE.

Resolved, That the governor should hold the power of veto.

CHAPTER X.

THE STATE--(Continued).

JUDICIAL DEPARTMENT.

PURPOSES.--The judicial department of the State government exists for the sole purpose of administering justice; that is, for the purpose of interpreting the laws and of applying them to particular cases. The legislature makes the laws, but it can not execute them. The governor recommends the passage of certain laws, and holds the veto power; but he has no law-making power, nor can he try the most trivial suit.

So the judiciary has no voice in making or in executing the laws, its sole function being to decide their meaning and to apply them in securing justice. The legislative and executive departments may assist, but it is the peculiar province of the judiciary to protect society and to maintain the rights of the people.

SUPREME COURT.--The higher courts of the State are of two classes--those whose jurisdiction includes the entire State, and those whose jurisdiction is confined to particular districts.

The Supreme Court, called in some States the Court of Appeals, is the highest court of the State. The number of the judges of the supreme court varies in the different States, there being a chief justice and from two to eight associate justices in each State.

In some States the Justices are elected by the people; in others they are elected by the legislature; and in some they are appointed by the governor, and confirmed by the Senate.

The term of office is lengthy, not less than four years in any State, except Vermont, where it is two years; six, seven, eight, nine, ten, twelve, fourteen, or fifteen years in most States; twenty-one years in Pennsylvania; during good behavior in Massachusetts; until the judges are seventy years of age in New Hampshire; and practically for life in Rhode Island.

The jurisdiction of the supreme court, or court of appeals, extends over the entire State. It holds sessions at the State capital, and in some States at other prominent places, and is chiefly engaged in the trial of cases in which appeals have been taken from the decisions of the lower courts.

Its decision is final, but in cases in which it is alleged that the State law is in conflict with the constitution or laws of the United States, appeals may be taken to the United States Supreme Court at Washington.

DISTRICT, OR CIRCUIT COURT.--The people most commonly resort to the district court, circuit court, or superior court, as it is variously called in different States, to secure justice. In it are tried the great body of important civil and criminal cases, and also appeals from the lower courts.

The jurisdiction of the district court is limited to a district created by the State constitution or by act of the State legislature. In some cases the district consists of a single county; usually it includes two or more counties, the court being held successively in each county of the district.

In each district there is usually one district judge, who is elected by the people, appointed by the governor, or elected by the legislature.

The term of office in most States is four, six, or eight years.

In some of the districts of certain States there are criminal courts having jurisdiction in criminal cases, and chancery courts or courts of common pleas having jurisdiction in certain civil cases.

In some States there is a high court of chancery having State jurisdiction, and in others there is a superior court which has State jurisdiction, and whose rank is between the supreme court and the district courts.

TERRITORIES.

ORGANIZATION.--Congress organizes the public domain into Territories, fixes their boundaries, and establishes their governments. The act of organization is passed as soon as the population is dense enough to require governmental authority.

EXECUTIVE DEPARTMENT.--The governor and the secretary of the Territory are appointed by the President of the United States, with the consent of the United States Senate, and serve for four years, unless removed. The governor appoints a treasurer, an auditor or comptroller, a superintendent of public instruction, an attorney-general, and several other territorial officers.

LEGISLATIVE DEPARTMENT.--The legislature consists of a senate of eight or fifteen members, and a house of representatives of sixteen or thirty members elected by the people of the Territory. The senate is sometimes called the upper house of the legislature. Although the governor and the legislature rule the Territory, all laws passed by them must be submitted to Congress, and, if disapproved, they become null and void.

JUDICIAL DEPARTMENT.--The judiciary consists of a supreme court and inferior courts. The chief justice and two or more associate justices of the supreme court are appointed for four years by the President, with the consent of the Senate. The inferior courts are established by the territorial legislature.

REPRESENTATION IN CONGRESS.--Each Territory elects a delegate to the Congress of the United States. Territorial delegates serve upon committees, and have the right to debate, but not to vote. Their real duties are as agents of their respective Territories.

LAWS.--Territories are governed by the laws of Congress, by the common law, and by the laws passed by the territorial legislatures. The governor may pardon offenses against territorial laws, and may grant reprieves for offenses against the laws of Congress, until the cases can be acted upon by the President.

LOCAL AFFAIRS.--The local interests of a Territory are similar to those of a State. Taxation, schools, public works, and the administration of justice are supported by the people. The people of the Territories have no voice in the election of President, and none in the government of the United States except through their delegates in Congress.

PURPOSES.--The chief purposes of the territorial government are to give the people the protection of the law, and to prepare the Territory for admission into the Union as a State. A State is a member of the Union, with all the rights and privileges of self-government; a Territory is under the Union, subject at all times, and in all things, to regulation by the government of the United States.

All the States, except the original thirteen (including Maine, Vermont, Kentucky, and West Virginia) and California and Texas, have had territorial governments. A Territory is not entirely self-governing; it may be called a State in infancy, requiring the special care of the United States to prepare it for statehood and for admission into the Union "upon an equal footing with the original States in all respects."

Hawaii and Alaska illustrate the territorial form of government described above. The following are exceptions to the rule:

The District of Columbia is neither a State nor a Territory. It resembles a Territory in being directly governed by Congress in such manner as that body may choose, but it differs from a Territory since it can never become a State.

It is not represented in the government of the United States, and its inhabitants have no voice in local matters. Its affairs are administered by three commissioners, appointed by the President, with the consent of the Senate, and they are subject to the laws of Congress. Porto Rico and Philippines have each a legislature and are governed much like a Territory; but their people are not citizens of the United States. They are practically colonies.

SUGGESTIVE QUESTIONS.

1. Is it better that judges be elected, or that they be appointed? Why?

2. Why should a judge's term of office be lengthy?

3. Who is chief justice of this State?

4. Who is the judge of the circuit or district court of this district?

5. At what dates does this court hold sessions in this county?

6. How many organized Territories now in the United States? Give their names.

7. When did this State cease to be a Territory?

8. Why should delegates from the Territories not have the privilege of voting in Congress?

QUESTION FOR DEBATE.

Resolved, That the judges of the higher courts should be appointed by the governor, and hold their positions during life and good behavior.

CHAPTER XI.

THE UNITED STATES.

INTRODUCTORY.--Each division of government which we have considered exists for only a part of the whole people. The government of one State has no authority over the people of other States; but the government of the United States, often called the national government or federal government, is for the good of the entire country, and its authority is over the whole people.

All these divisions of government--the family, the school, the township or civil district, the county, the State, and the United States--are dependent upon one another.

If family government were destroyed, society would be ruined and other governments would be worthless.

If there were no schools, the people would be so ignorant that free government would be impossible.

If the township or civil district were neglected, local government would be inefficient.

If the States were blotted out, the national government would assume all power, and the freedom of the people would be greatly abridged, and perhaps finally lost.

If the national government were dismembered, the States would be weak, helpless, at war with one another, and at the mercy of foreign nations.

The distribution of power among the several political organizations prevents any of them from assuming too much authority, and thus tends to preserve the liberties of the people.

FORMATION.--The national government is based upon the Constitution of the United States. It was formed by the union of the several States under the Constitution, and its powers are set forth in that instrument. The thirteen original States ratified the Constitution of the United States between December 7, 1787, and May 29, 1790, and thus organized the national government. It thus became, and has continued to be, the government of the whole people, "by the people and for the people."

FORM OF GOVERNMENT.

The national government, like the government of each State, is a republic; that is, the authority is exercised by the representatives of the people. As all power resides in the people, our government is called a democracy. As the people elect officers or representatives to act for them in the performance of public duties, it is called a representative democracy.

Our system of government is different from those of all other nations, because part of the political power is vested in the State, and part in the nation; that is, in the United States.

The national Constitution enumerates the powers which may be exercised by the national government, and reserves all other powers "to the States respectively, or to the people." Because of this dual or double character of our system of government, John Quincy Adams called it "a complicated machine."

PURPOSES.--The purposes of the national government are clearly and forcibly set forth in the "preamble," or opening clause, of the Constitution of the United States;

1. "To form a more perfect union;"

2. "To establish justice;"

3. "To insure domestic tranquillity;"

4. "To provide for the common defense;"

5. "To promote the general welfare;"

6. "To secure the blessings of liberty to ourselves and our posterity."

Before the Revolutionary war, the American colonies were subject to Great Britain. By the Declaration of Independence these colonies became "free and independent States." During the period between the Declaration of Independence and the adoption of the national Constitution, the union between the States was weak and unsatisfactory.

Instead of there being "domestic tranquillity," the States were engaged in constant quarrels. There was no power to provide for the "common defense" of the people against foreign enemies; each State must protect itself as best it could. No provision could be made for the "general welfare" by the passage and enforcement of broad measures for the whole country. Under the Articles of Confederation, as was said at that time, the States might "declare everything, but do nothing." The adoption of the national Constitution and the formation of the national government made the inhabitants of the States one people, and have since brought the United States to be "the first of the nations of the earth."

FUNCTIONS.--The functions of the national government are numerous and important. In adopting the national Constitution, the States delegated or ceded to the United States those powers which are necessary to the strength and greatness of a nation.

The national government administers those public affairs which concern the whole people, such as the regulation of commerce, the granting of patents, and the coinage of money; and also those which pertain to the United States as a nation dealing with other nations, such as declaring war and making treaties of peace.

The subjects upon which the national Congress may enact laws, and consequently the subjects included in the functions of the national government, are enumerated in Section 8, Article I. of the Constitution.

CITIZENS.

The people who reside in the United States are either citizens or aliens. The national Constitution declares that "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." Women and children are citizens, though not entitled to vote.

A citizen is a member of the body politic, bound to allegiance, and entitled to protection at home and abroad. He can renounce his allegiance--that is, lay down his citizenship--by becoming the subject of some other country. Wherever he goes, until he renounces his allegiance, he is a citizen of the United States, and is shielded from insult by the might and majesty of the whole nation. Citizenship is therefore valuable for its protection abroad, as well as for its rights and privileges at home.

NATURALIZATION.--Naturalized citizens are persons of foreign birth who have become citizens by naturalization, after a continuous residence of at least five years in the United States. A foreigner is naturalized by appearing in court, declaring his intention to become a citizen of the United States, and his purpose to renounce all allegiance to foreign governments. After two years more, he must appear in open court, renounce upon oath all foreign allegiance, and swear to support the Constitution of the United States. If he bears any title of nobility, he must renounce it. Naturalized citizens have all the rights and privileges that belong to native-born citizens, except that no naturalized person can become President or Vice President of the United States.

RIGHTS.--The Constitution of the United States does not contain a formal bill of rights, as do most of the State constitutions, but it names the following as among the rights of citizens:

(1) "The citizens of each State shall be entitled to all privileges and immunities of citizens of the several States";

That is, a citizen who removes into another State shall enjoy all the rights and privileges that belong to its citizens.

(2) "A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime." A demand for the delivery of a fugitive criminal is called a requisition.

(3) "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."

This provision refers to the capture and return of fugitive slaves, and is rendered void by the abolition of slavery.

(4) "A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed."

This clause does not authorize the carrying of concealed weapons.

(5) "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."

(6) "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."

(7) a. "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;

b. "Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled, in any criminal case, to be a witness against himself;

c. "Nor be deprived of life, liberty, or property without due process of law;

d. "Nor shall private property be taken for public use without just compensation."

The first part of this clause secures a civil trial to every private citizen. The land and naval forces, and the militia when in actual service, are under military law, usually called martial law.

(8) "In all criminal prosecutions the accused shall enjoy the right

a. "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;

b. "To be informed of the nature and cause of the accusation;

c. "To be confronted with the witnesses against him;

d. "To have compulsory process for obtaining witnesses in his favor;

e. "And to have the assistance of counsel for his defense."

(9) "In suits at law where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law."

(10) "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted."

(11) "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 jurisdiction."

(12) "The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude."

(13) "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people."

ALIENS.

Aliens are subjects of foreign governments. They are not citizens of this country, and, in general, have no right to take part in its political affairs. Throughout the Union aliens have full social and moral rights; in some States their property rights are restricted; and in a few States they have certain political rights.

NATURE OF THE CONSTITUTION.

The Constitution of the United States is the supreme law of the whole land. It is a written instrument, and is often called the fundamental law.

Neither the laws of any State nor the laws of the United States must conflict with the Constitution. It is the basis of our system of government, the model upon which all State constitutions are framed, and the foundation of our greatness as a people. It defines the limits of the national government, and enumerates the powers of each of its departments. It declares what public interests are within the scope of the national government, reserves certain powers to the States, and provides that neither State nor nation shall enact certain specified laws.

FORMATION.--The national Constitution was framed by a convention of delegates from twelve of the thirteen original States, Rhode Island alone being unrepresented. The convention was called for the purpose of revising the Articles of Confederation under which the States were at the time united.

The convention met at Philadelphia, on Monday, May 14, 1787, and organized on the 25th day of the same month by electing as its president George Washington, one of the delegates from Virginia. The Articles of Confederation were readily seen to be inadequate to the purposes of a national government, and the convention proceeded to draught a "Constitution for the United States of America."

The convention completed its labors, submitted the Constitution to the several States for their ratification, and adjourned on the 17th of September, 1787. All the States ratified the Constitution, the last being Rhode Island, whose convention, called for the purpose, passed the ordinance of ratification, May 29, 1790.

NECESSITY.--The necessity for a written national constitution is readily seen. The preamble states the purposes of the Constitution, which are also the purposes of the national government. The Constitution defines the limits of State and of national power, and thus prevents conflicts of authority which would otherwise arise between the State and the United States. Through the Constitution, the people, who are the sources of all just authority, grant to the government certain powers, and reserve all other powers to themselves. The Constitution prescribes the functions of each department of the government, and thus preserves the liberties of the people by preventing either Congress, the executive department, or the judiciary from exercising powers not granted to it.

AMENDMENT.--The Constitution prescribes two methods by which it may be amended:

1. By a two thirds vote of both houses Congress may propose to the several States amendments to the Constitution.

2. Upon the application of two thirds of the States, Congress shall call a convention of delegates from the several States for proposing amendments.

An amendment proposed by either method, "when ratified by the legislatures of three fourths of the States, or by conventions in three fourths thereof, shall be valid to all intents and purposes as a part of this Constitution."

Twenty-one amendments have been proposed by Congress, and seventeen of these have been ratified by three fourths of the State legislatures, and have become parts of the Constitution. The other four proposed amendments were rejected. Congress has never called a convention to propose amendments, and no State has ever called a convention to consider those amendments proposed by Congress.

DEPARTMENTS.--The functions of each branch of government are carefully marked in the Constitution, and the people and their representatives jealously guard the rights of each department. They believe that the duties of the law-making power, those of the law-enforcing power, and those of the law-explaining power can not be too clearly separated. If the same officers could make the law, enforce the law, and explain the law, there would be no limit to their authority, and therefore no security to the people.

The framers of the Constitution were wise men; they had seen the abuse of power by Great Britain while the colonies were under her sway, and they determined to guard the liberties of the people by forever separating the legislative, the executive, and the judicial functions. Their example has been followed in the constitutions of all the States.

The President has no right to interfere with the decisions of the courts, and, except by his veto, can not interfere with the action of Congress.

Congress can not question the decisions of courts, nor can it interfere with the legal actions of the President, except that the Senate may refuse to confirm his appointments to office.

Even the Supreme Court of the United States can not call in question the official acts of the President, so long as he conforms to the law; nor has it any power over the acts of Congress, except merely to decide upon the constitutionality of the laws when they are properly brought before it.

While, therefore, Congress and the President have some remote influence upon the actions of each other, neither has the slightest right to invade the functions of the Supreme Court, or of any other court, even the humblest in the land.

SUGGESTIVE QUESTIONS.

1. Why do foreigners become naturalized?

2. What is a title of nobility?

3. What officer of a State makes requisition for the delivery of a criminal held by another State?

4. When was slavery abolished in the United States?

5. What is the purpose of a militia force?

6. What is a capital crime?

7. Why is the accused entitled to a speedy and public trial?

8. Why is the Constitution called the fundamental law?

9. Read in the history of the United States the account of the formation of the Constitution.

10. How many States were needed to ratify the Constitution in order that it might go into effect?

11. Read the amendments to the Constitution.

12. Can you name any proposed amendments that have been recently advocated?

QUESTION FOR DEBATE.

Resolved, That a written constitution is best for a free country.

CHAPTER XII.

THE UNITED STATES--(Continued).

LEGISLATIVE DEPARTMENT.

CONGRESS.--The legislative authority of the national government is vested in the Congress of the United States, consisting of a senate and a house of representatives. The senators represent the States, and the representatives represent the people. Congress holds annual sessions at the city of Washington, the seat of the national government. A measure must pass both houses, and be approved by the President, in order to become a law; or if vetoed, it fails, unless it again passes both houses by a two thirds vote.

Senators and representatives receive an annual salary of seven thousand five hundred dollars each; and are allowed mileage, or traveling expenses, of twenty cents for each mile in going to and returning from the session of Congress.

PRIVILEGES OF THE HOUSES.--There are certain constitutional privileges guaranteed to Congress in order that its action in legislation may be free from undue influence from other departments of the government.

"The times, places, and manner of holding elections for senators and representatives shall be prescribed in each State by the legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators.

"Each house shall be the judge of the elections, returns, and qualifications of its own members;" that is, each House declares who are entitled to membership therein.

"Each house may determine the rules of its proceedings, punish its members for disorderly conduct, and with the concurrence of two thirds expel a member."

Each house keeps and publishes a journal of its proceedings, "excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one fifth of those present, be entered on the journal."

"Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting."

PRIVILEGES AND DISABILITIES OF MEMBERS.--The Constitution of the United States sets forth the following privileges and disabilities relating to membership in both the Senate and the House of Representatives:

(1) "The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States.

"They shall in all cases except treason, felony, and breach of the peace be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place."

(2) "No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States shall be a member of either house during his continuance of office."

The purpose of the first part of this clause is to prevent members of Congress from voting to create offices, or to affix high salaries to offices, with the hope of being appointed to fill them.

(3) "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."

(4) "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, having previously 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 executive 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 and comfort to the enemies thereof. But Congress may, by a vote of two thirds of each House, remove such disability."

The purpose of the clause was to exclude from office all those who had sworn, as officers of the State or the nation, to support the Constitution of the United States, and who afterward engaged in war against the Union. An act of Congress enabling them to hold office was called a removal of their disabilities. This clause of the Constitution is practically void as regards all past offenses, as the disabilities of nearly all to whom it applied have been removed by Congress.

POWERS OF CONGRESS.--Congress has power:

(1) To levy and collect taxes, duties on imported goods, and revenues from articles of manufacture, "to pay the debts and provide for the common defense and general welfare of the United States."

(2) "To borrow money on the credit of the United States."

The usual method of borrowing money is to issue government bonds, which are promises to pay the sums specified in them at a given time, with interest at a given rate. The bonds are sold, usually at their face value, and the proceeds applied to public purposes. United States bonds can not be taxed by a State.

(3) "To regulate commerce with foreign nations, and among the several States, and with the Indian tribes."

(4) "To establish a uniform rule of naturalisation, and uniform laws on the subject of bankruptcies, throughout the United States."

(5) "To coin money; regulate the value thereof, and of foreign coin; and fix the standard of weights and measures."

(6) "To provide for the punishment of counterfeiting the securities and current coin of the United States."

(7) "To establish post-offices and post-roads."

(8) "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;"

That is, to grant copyrights to authors, and to issue patents to inventors.

(9) "To constitute tribunals inferior to the supreme court."

(10) "To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations."

Piracy is robbery committed at sea.

(11) "To declare war; grant letters of marque and reprisal, and make rules concerning captures on land and water."

Letters of marque are commissions issued to private parties, authorizing them to cross the frontiers of another nation, and to seize the persons and property of its subjects.

Reprisal is the forcible taking of the property or persons of the subjects of another nation, in return for injuries done to the government granting the letters. Vessels carrying letters of marque and reprisal are called privateers.

(12) "To raise and support armies."

(13) "To provide and maintain a navy."

(14) "To make rules for the government and regulation of the land and naval forces."

(15) "To provide for calling forth the militia to execute the laws of the Union, suppress insurrection and repel invasions."

(16) "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."

(17) "To exercise exclusive legislation" over the District of Columbia, "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, dockyards, and other needful buildings."

(18) "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."

(19) "Congress may determine the time of choosing the electors" for President and Vice President of the United States, "and the day on which they shall give their votes, which day shall be the same throughout the United States."

(20) "Congress may, by law, provide for the case of removal, death, resignation, or inability of both the President and Vice President, declaring what officer shall then act as President."

(21) "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."

(22) "The Congress shall have power to declare the punishment of treason."

(23) "Full faith and credit shall be given in each State, to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof."

(24) "New States may be admitted by the Congress into this Union, but no new State shall be formed or erected within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned, as well as of the Congress."

(25) "The Congress shall have power to dispose of, and to make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States or of any particular State."

(26) Congress has "power to enforce, by appropriate legislation," all provisions of the Constitution.

Under the authority "to provide for the general welfare of the United States," Congress exercises powers which are implied--that is, understood--but which are not expressly named in the Constitution. The grants of public lands to railway and canal companies, the annual appropriations for the improvement of rivers and harbors, and numerous similar laws are based upon implied powers.

FORBIDDEN POWERS.--The following powers are expressly denied to the national government:

(1) "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."

Habeas corpus means "Thou mayst have the body." A person in prison, claiming to be unlawfully detained, or the friend of such a person, applies to the judge of a court for a writ of habeas corpus. The judge issues the writ, which directs the officer to bring the body of the prisoner into court at a certain time and place, in order that the legality of the imprisonment may be tested.

The case against the prisoner is not tried under the writ of habeas corpus, but the judge inquires whether any crime is charged, or whether there is a legal cause for the arrest. If the imprisonment is illegal, the judge orders the prisoner released; if the prisoner is lawfully held, the judge remands him to prison. This writ secures the freedom of every person unless detained upon legal charges. Therefore, there is no power in this wide country that can arrest and imprison even the humblest citizen except upon legal grounds. The writ of habeas corpus is the most famous writ known to the law, the strongest safeguard of the personal liberty of the citizens, and is regarded with almost a sacred reverence by the people.

(2) "No bill of attainder or ex post facto law shall be passed" by Congress.

A bill of attainder is an act of a legislative body inflicting the penalty of death without a regular trial. An ex post facto law is a law which fixes a penalty for acts done before the law was passed, or which increases the penalty of a crime after it is committed. Laws for punishing crime more severely can take effect only after their passage; they can not affect a crime committed before they were passed.

(3) "No tax or duty shall be laid on articles exported from any State. No preference shall be given, by any regulation of commerce or revenue, to the ports of one State over those of another; nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another."

(4) "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."

(5) "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 Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign State."

(6) "Congress shall make no law respecting 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."

(7) "The validity of the public debt of the United States, authorized 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 assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void."

The Constitution of the United States forbids the national government from exercising certain other powers, relating principally to slavery; but such denials are rendered useless by the freedom of the slaves.