It provides post-roads and post-offices, secures to authors and inventors the exclusive right to their productions for limited times, constitutes tribunals inferior to the supreme court, and punishes piracies and other crimes against the law of nations. It has the power to declare war, to raise armies and fleets, and to call out the militia in order to suppress insurrections and execute the laws of the Union. It has the exclusive control and management of all forts, arsenals, and dock-yards, belonging to the United States; and makes all laws necessary for carrying these powers into execution.

Congress can grant no title of nobility, and no person in office can hold any foreign title or dignity.

No individual state can make treaties, grant letters of marque and reprisal, coin money, emit bills of credit, make any thing but gold and silver a tender in payment of debts, grant titles of nobility, lay duties on imports or exports, introduce any duty of tonnage, keep troops in time of peace, &c.

The executive power is in the hands of the president of the United States. He is chosen for four years, and is always reeligible without any legal restriction.* He must be a naturalborn citizen, at least thirty-five years of age, and fourteen years a resident of the United States. The day for choosing the president is determined by Congress, and is the same throughout the Union. Each state appoints, according to the forms prescribed by its legislature, a number of electors equal to the whole number of senators and representatives which the state is entitled to send to Congress. This choice is made within thirty-four days before the first Wednesday of December,† in most states by the entire body of qualified voters (by a general ticket), in some by the legislatures, and in two by districts. No person holding office under the United States, and no member of Congress can be an elector. The electors chosen in the above-mentioned manner from all the states now vote by ballot, usually on the first Wednesday of December. With respect to property and religion, no qualifications are demanded or conditions prescribed. The names of the persons voted for, with the number of votes for each, are transmitted to the president of the Senate, who opens the certificates in the presence of both houses, and counts the votes. If any person has a majority of all the votes, no matter how small, he is president; but if no one has such a majority, the House of Representatives chooses the president out of the three that have the greatest number of votes. But here the But here the represen

*Of the first eight presidents, five were chosen a second time. None laid claim to a third election.

† According to new regulations, on the same day.

tation from each state has only one vote, and a majority of all the states is necessary to a choice.

The election of vice-president is conducted in precisely the same manner; only in the last case of doubt, an absolute majority of the Senate decides between the two that have the most votes. In case the president's office becomes vacant, its duties devolve on the vice-president, and after him on the speaker of the House of Representatives. The president receives $25,000 a year, and the vice-president $5,000, by way of salary or compensation; which however is scarcely sufficient to meet their unavoidable expenses. The president has the following powers: he is commander-in-chief of the army and navy, and also of the militia when called into the actual service of the United States. He assembles Congress on extraordinary occasions, requires and receives reports from all the departments, appoints (under certain regulations) most of the officers of the United States,* makes treaties with the concurrence of the Senate, receives ambassadors and other public ministers, submits to Congress surveys of the state of the Union, and recommends such measures as he

judges necessary. He can grant pardons for public offences except in cases of impeachment, and sees in general that the laws are faithfully executed. He loses his office, like all other civil officers of the United States, on conviction of treason, bribery, and other high crimes and misdemeanors.

The judicial power is vested in a Supreme Court for the whole United States, and such inferior courts as Congress may from time to time establish. The president nominates the judges of this court by and with the advice and consent of the Senate. They hold their offices during good behavior, and their compensation must not be diminished during their continuance in office.

The judicial power of the Supreme Court extends to controversies between citizens of different states, between a state and citizens of another state, and between two or more states; this jurisdiction is partly original and partly appellate, but does not extend to criminal cases. It decides in general all controversies relating to or arising under the laws of the United States, disputes of ambassadors and consuls, and cases of admiralty and maritime jurisdiction. It has the right to interpret the Constitution so far as it has reference to legal relations, and the authority to overrule such decisions of individual states as may be contrary to the Constitution.

The trial of all criminal prosecutions, and all civil suits where the value in dispute exceeds twenty dollars, is by jury. The citizens of one state are entitled to all the privileges of citizens in the other states. New states may be admitted by Congress into

* The Senate can reject nominations, but cannot appoint officers itself.

the Union. But Congress cannot join two or more states into one, or erect a new state within the limits of an old one, without the consent of the states concerned. The United States guarantees to every state a republican form of government, and protection against invasion and domestic violence. No religious test is required as a qualification to any public office. Congress must make no law establishing or prohibiting any religion, or abridging the freedom of speech or of the press; nor must it deprive the people of the right peaceably to assemble and present petitions to the government. The people have the right to bear arms, without which no efficient militia can be established. Soldiers are never to be quartered on citizens in time of peace, nor even in time of war except according to prescribed regulations. No searches of houses or papers can take place without very weighty reasons and proofs. No person can be deprived of life, liberty, or property without due process of law, or be compelled in a criminal case to testify against himself. No private property can be taken for public use without full compensation. Exces sive bail, excessive fines, and cruel punishments are prohibited. All the powers which the Constitution has not delegated to Congress or to others, are reserved to the states respectively.

Amendments to the Constitution may be proposed by two thirds of both houses, or by a convention called for the purpose on application of two thirds of the states; and when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, they become a part of the corrected Constitution.

CHAPTER IX.

THE CONSTITUTIONS OF THE SEVERAL STATES.

The Territories.

THE Constitutions of the several states form to that of the whole United States, of 1787, a corresponding half of equal importance. It is only by uniting them together that we obtain a connected and closely interworking whole. But as it would not be proper in this place to enumerate the slight differences that prevail in each

state, I will state here only what is most general and uniform, and leave many of the particulars for a synoptical table.*

Even before the independence of North America, it was held an established maxim, that to the colonists, as far as circumstances permitted, belonged all the rights of Englishmen born. Yet the constitutions of the several states had no inconsiderable influence on the extent to which these rights and privileges were enjoyed.

First, there were the so-called charter governments, to which belonged the right of legislation and taxation within their boundaries; as Massachusetts, Rhode Island, and Connecticut.

Secondly, proprietary governments, where the crown had granted extensive rights to the first acquirers, as Lord Baltimore and William Penn.

Thirdly, provincial governments, where great powers were given to the king's commissioners or governors, such as a negative on the assemblies' proceedings, the appointment of public officers, &c.

Yet, from the beginning there was an endeavor, which was by no means without its effects, to extend their restricted rights either amicably or by refractoriness; whence it ensued, that on the breaking out of the revolution, the internal regulations of the several states, and their relations to each other, were in fact more similar than they had been in former times. With the declaration of independence all controversies respecting the extent of the public law and the application of private law naturally had an end, and each state made such further regulations as it pleased.

The following principles, however, respecting the general rights of men and citizens, are acknowledged by all the states.t The objects of establishing, supporting, and administering a government, are to ensure and protect the existence of the civil partnership, and also to procure for the different shareholders the power of enjoying their natural rights and the blessings of life in security and peace. If these great objects are not attained, the people (with whom is the supreme power, and from whom it proceeds) have a right, by observing the legally prescribed forms, to change the government, and to adopt such measures as may be necessary for their safety, happiness, and prosperity. All men are born free and equal; and have natural, essential, and inalienable rights, to enjoy and defend their lives and liberties; to acquire, possess, and defend property; and in general to seek and obtain

* See Appendix I To the twenty-six states indicated in this Appendix, two new ones, Florida and Iowa, have since been added. The addition of Texas and Wisconsin will raise the number of the states to thirty.

† See the Statutes of Massachusetts, and most of the constitutions.

safety and happiness. There is no nobility, no hereditary or family prerogatives, no exclusive rights and monopolies, no censorship of the press, no standing army, no quartering of soldiers, no banishing from the country, no confiscation of property, no established church, no tithes, no religious compulsion of any kind. Each ecclesiastical communion has the right to choose its own ministers, and to raise and expend money for religious purposes. All public officers are responsible. Every one must contribute with his person and property to the public good, but only in such manner as has been lawfully determined on. Every one is to be tried by jury and according to the laws. No one is bound to inform or testify against himself. It is permitted to assemble peaceably, to present petitions, and to bear arms; but every where the military remains subordinate to the civil power. No taxes without a grant, no disbursements of money without consent and rendering a public account, no retro-active force or suspension of the laws, no impeachment for what is spoken in the legislative assemblies, &c.

The legislative power in all the states is entrusted to two chambers, a senate and a house of representatives; the executive power is in the hands of a governor. This latter retains his office for from one to four years; and his re-election is permitted, or prohibited for a certain time. He is chosen only in four states by the legislative assembly, in all the others by the people. His powers are not every where equally great: thus he fills more or fewer offices, has an absolute or only a postponing veto, is restricted by a special council or is not.

In most of the states every male settler of twenty-one years of age has a right of voting; or else the amount of property and of taxes paid is so small, that no one scarcely is excluded. No religious test is ever required; clergymen are excluded from all political offices and employments. Senators remain in office from one to four years, representatives from one to two years. From the former are usually required a greater age, a longer residence, and in some states also a larger property, than from the latter. In most of the states, on the contrary, no questions are asked respecting the property of senators and representatives. It is only in a few states that the choice of the former is left to the legislative assemblies; both chambers are usually filled by popular elections. In three states the elections are public and open; in the others, by ballot. Money and taxation bills mostly originate in the house of representatives: indeed, according to many of the constitutions, all bills must originate there; while according to others, any bill can begin in either house. Impeachments come from the representatives to the senate, and are decided by two-thirds of the votes. The judges are appointed by the