Definitions.—Taxes may be defined as the moneys contributed by the people to defray the public expenses. They are spoken of as direct and indirect, the former being paid as taxes, the latter as part of the price of a commodity.
Within the State.—Local and state taxes are all direct. They are meant to be proportioned to a person's ability to pay. In fact, however, a person's tax is based upon the value of hisdiscoverable property. The value of such property is estimated by local officers called assessors. The estimates of these officers are reviewed by the local board, and the reviewed estimates are again examined and equalized by the county board. But assessors, local boards, and county boards are all tempted to make the estimates low, to reduce their share of taxation for the use of the state. So a final review is made by the state board of equalization. The final estimates being reported to the computing officer, and the various sums to be raised having been reported to him, he finds therateof taxation, computes the taxes, and turns the books over to the collecting officer.
Certain classes of property are exempt from taxation. Among those usually exempt may be mentioned property owned by the United States, the state, or the municipal corporation; church property; educational and charitable institutions; and a certain amount of personal property. United States bonds cannot be taxed.
By the General Government.—The sources of revenue to the general government are: 1, customs; 2, excises; 3, direct taxes; 4, public lands; 5, receipts from post offices, patents, copyrights, fines, escheats, &c. The last two classes cannot be called taxes. As it cannot compel a state to collect taxes for it, the general government is practically barred, on account of expense, from laying direct taxes. So that it is practically true that national taxation is all indirect. The "customs" are duties on imports. The "excises," or internal revenue, consist of taxes on tobacco, fermented and alcoholic liquors, &c.
A Difficult Problem.—Though taxes have been levied for untold centuries, it is still one of the unsolved problems how to levy them so as to be just to all. Much progress has been made, but entirely satisfactory answers have not yet been wrought out to the questions: What are the proper things to tax? For what purposes should taxes be levied?
When an individual wishes to borrow money, he looks around for some one who has the money to spare and who has confidence enough in him to let him have it. He gives his note or bond, and gets the money. Similarly the United States borrows. The secretary of the treasury looks for lenders in the money-centers of the world, consults great banking-houses, and sometimes advertises in newspapers.
A private borrower pays for the use of the money, and similarly the debt of the United States is largely interest-bearing. The notes called "greenbacks" bear no interest, because, being legal tender, they circulate as money, as do also the gold and silver certificates of deposit.
Organization.—Associations for carrying on the business of banking may be formed by any number of natural persons not less than five. A signed and certified copy of the articles of association is forwarded to the comptroller of the currency; also a certificate giving the name of the association, its place of business, its capital, the number of shares and their owners.
Capital.—The minimum capital required is: in cities of less than 6000 inhabitants, $50,000; less than 50,000 inhabitants, $100,000; others, $200,000.
Powers.—Such associations have the usual corporate and banking powers. In addition, they may issue their notes to circulate as currency on the following conditions: Upon depositing with the U. S. Treasurer registered bonds of the United States, to an amount not less than $30,000 nor less than one-third of its capital, the bank receives from the comptroller of the currency blank notes of face value not to exceed ninety per cent of the par value of the bonds. These notes, after being signed by the president and the cashier of the bank, may circulate as money, but are not legal tender for private debts.
[By A. R. Spofford, Librarian of Congress]
Every applicant for a copyright must state distinctly the name and residence of the claimant, and whether right is claimed as author, designer, or proprietor. No affidavit or formal application is required.
A printed copy of the title of the book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph, or a description of the painting, drawing, chromo, statue, statuary, or model or design for a work of the fine arts, for which copyright is desired, must be sent by mail or otherwise, prepaid, addressed, "Librarian of Congress, Washington, D.C." This must be done before publication of the book or other article.
A fee of 50 cents, for recording the title of each book or other article, must be inclosed with the title as above, and 50 cents in addition (or one dollar in all) for each certificate of copyright under seal of the Librarian of Congress, which will be transmitted by early mail.
Within ten days after publication of each book or other article, two complete copies must be sent prepaid, or under free labels, furnished by the Librarian, to perfect the copyright, with the address, "Librarian of Congress, Washington, D.C."
No copyright is valid unless notice is given by inserting in every copy published, "Entered according to the act of Congress, in the year ——, by ——, in the office of the Librarian of Congress, at Washington," or, at the option of the person entering the copyright, the words "Copyright, 18—, by ——."
The law imposes a penalty of $1*0 [Transcriber's Note: Illegible] upon any person who has not obtained copyright who shall insert the notice "Entered according to act of Congress," or "Copyright," or words of the same import, in or upon any book or other article.
Each copyright secures the exclusive right of publishing the book or article copyrighted for the term of twenty-eight years. Six months before the end of that time, the author or designer, or his widow or children, may secure a renewal for the further term of fourteen years, making forty-two years in all.
Any copyright is assignable in law by any instrument of writing, but such assignment must be recorded in the office of the Librarian of Congress within sixty days from its date. The fee for this record and certificate is one dollar.
A copy of the record (or duplicate certificate) of any copyright entry will be furnished, under seal, at the rate of fifty cents.
Copyrights cannot be granted upon Trade-marks, nor upon Labels intended to be used with any article of manufacture. If protection for such prints or labels is desired, application must be made to the Patent Office, where they are registered at a fee of $6 for labels and $25 for trade-marks.
Up to 1849 the secretary of state had the care of issuing copyrights. It was then assigned to the department of the interior, newly created. In 1870 it was transferred to the librarian of congress.
1. The person desiring a patent must declare upon oath that he believes himself to be the inventor or discoverer of the art, machine, or improvement for which he solicits the patent.
2. He must also give in writing a definite and minute description of it, accompanied by drawings to illustrate. If necessary, he must make and deliver to the commissioner of patents a model of his invention.
To be patentable, the invention must be new, unused and unknown before, and useful.
The invention is carefully examined by the appropriate expert at the patent office, and if found to be deserving a patent is issued, signed by the secretary of the interior, countersigned by the commissioner of patents, and sealed with his seal. This gives the patentee the sole right of manufacture and sale and use for seventeen years. The right to make, sell, or use the invention may be sold by the patentee. He may assign the patent entire, an interest in it, or the exclusive right for a certain specified district.
1. Declaration of Intention.—An alien, who has come to the United States after reaching the age of eighteen, may appear before any court of record in the United States having common law jurisdiction, or the clerk thereof, and declare upon oath that it isbona fidehis intention to become a citizen of the United States, and to renounce forever "all allegiance to any foreign prince, potentate, state, or sovereignty whatever," and particularly by name the potentate or sovereignty whereof such alien may at any time have been a citizen or subject. This declaration is recorded, and a certified copy of it is furnished by the clerk of the court to the person so declaring his intention. He is then said to have his "first papers." See page 290. 2. The Final Step.—After two years from the time of declaring his intention, provided that he has resided in the United States continuously for five years, and also at least one year within the state or territory wherein the court is held, he may appear in open court and there upon oath renounce all allegiance, as declared in his statement of intention, and swear to support the constitution of the United States. If he has borne any hereditary title, he must renounce it. He must have two witnesses to certify to his residence and to his moral character. These proceedings are recorded, and he is given a certificate of naturalization. See page 201.
An alien arriving in the United States before reaching the age of eighteen and continuously residing therein until making his application for citizenship, provided that he has resided in the United States five years, may on coming of age be admitted to citizenship at once, without the interval between the declaration and the consummation. He must, however, make declaration, must prove his moral character by two witnesses, and must satisfy the court that for three years it has beenbona fidehis intention to become a citizen of the United States.
Status of Minors.—The naturalization of a man confers citizenship upon his wife and upon such of his children as are minors at the time. A child of his born in this country, either before or after his naturalization, is a "natural-born" citizen. This is also the case if the child is born on the ocean while the parents are coming to this country, provided that they are coming with the intention of seeking citizenship. If an alien dies after declaring his intention, his wife and minor children may become citizens upon taking the oath required.
Losing Citizenship.—By treaties with Austria, Baden, Bavaria, Belgium, Great Britain, Germany, the Grand Duchy of Hesse, Mexico, Norway and Sweden, Denmark, and Wurtemberg, it is provided that "a renewal of domicile in the mother country, with the intent not to return (and two years residence is presumptive evidence of such intent), shall work renewal of the former allegiance."
In some of the treaties it is further provided that when the subject has emigrated to avoid military duty, "the right to exact which was complete before his departure, such service may be enforced on his return in spite of intervening naturalization." (See also U.S. Revised Statutes of 1878, §§ 2165-74.)
One of the things that makes citizenship desirable is the protection which it secures. This is particularly grateful when one is in a foreign country. What a feeling of strength and security one has when far away from home among strangers to know that his rights must be respected, to realize that behind him is the might of the nation!
Passports.—A United States passport is an instrument in writing, issued by the secretary of state and under his seal, informing the world that the bearer is a citizen of the United States, that he travels under its protection. That passport is a means of identification for the bearer and secures to him all the rights and privileges guaranteed to citizens of the United States by treaties with the country in which he may be traveling.
Passports, as a means of ingress or egress, are now required in only a few countries of Europe. For the convenience of citizens who may have left home without securing passports, arrangements have been made whereby they may be obtained from our representatives in foreign countries.
Another kind of passport is that for American ships. Each ship-master obtains one before leaving for a foreign port. It tells the nationality of the ship, shows that she is under the protection of the United States.
Consuls.—These are the business representatives of the government residing in foreign lands. They are "the guardians of their countrymen against the vexations, injuries, and injustices of the country where they reside; and they exercise certain police powers over all the individuals of their nation" within their respective consulates.
The origin of consulates dates back to the time of the Crusades. They were instituted by the great commercial cities of the Mediterranean. The Pisans, Venetians, and Genoese had trading-places in various parts of Asia, and they secured from the princes of the countries where these trading-posts were located the right to have judges or arbitrators of their own nation located at each of these posts who were privileged to settle disputes between citizens of these cities in accordance with their own laws. At first, then, the consuls were only arbitrators in commercial matters. But their prerogatives have increased until now they are intrusted with the protection of merchants of their country in their relations with the countries to which they come to trade.
In some countries, such as China, Japan, Siam, and Turkey, our consuls are by treaty invested with judicial powers. They try and punish American citizens for crimes committed there.
Incidentally it is the duty of a consul to provide for sick, disabled or destitute American seamen, and to send them home to the United States; to receive and take care of the personal property of any American citizen who dies within his consulate, and to forward to the secretary of state the balance remaining after the necessary funeral expenses, to be held in trust for the heirs. (See also page 350.)
Some of the consular reports contain very valuable information regarding the products and industries of the countries where they are located. These reports can sometimes be obtained in limited numbers through a member of congress.
Life.—Our lives are protected very carefully, not only against crime, but also against accident. Taking human life is made the worst crime and suffers the severest punishment. Death-dealing weapons, such as revolvers and dirks, cannot lawfully be carried concealed. Poisons are cautiously sold, and usually a record is made of the sale. If death results from accident the person to blame is held responsible. But every precaution is taken to prevent accidents. Lamps are provided for streets; fast driving is prohibited; horses are not allowed to be left standing unhitched; business dangerous to life, such as powder-making, must be carried on at a distance from residences; railroads are required to stop trains at crossings, to ring a bell in going through a town, to carry axes and buckets to be used in case of fire; steamboats must be inspected, and must be supplied with life-boats, life-preservers, and other appliances.
Health.—To protect our health precautions are taken against the outbreak of preventable diseases, such as diphtheria, typhoid fever, etc., by requiring cleanliness in yards and alleys; and against small pox by requiring vaccination. The government also supports hospitals for the care of the sick.
Reputation.—To secure to each person as good a reputation as his character will warrant it is made a crime to make false and malicious statements about any one. If spoken, the malicious statement is called slander; if written or printed, it is called libel. The essential elements of these crimes are malice and injury. If a false statement is made without intent to injure, it is not slander. And a true statement injuring another must not be made except for a proper purpose.
Liberty.—This includes all those rights guaranteed in the Bills of Rights of the several constitutions, and the right to come and go without restraint, the right to choose a vocation and to change it, and other rights. To appreciate the protection received in this direction, the student should read up the history of each of the guarantees, and of caste, curfew, passports, etc.
Property.—"The right of private property covers the acquiring, using, and disposing of anything that a person may call his own, including time and labor." A person's property rights may be interfered with in so many ways that many laws are necessary to protect him. A brief outline of commercial law is given elsewhere.
Electors.—The voters of each state are designated by the constitution thereof. See page 298.
Time.—The time of elections is usually also a matter of constitutional provision. The local (town, village, and city) elections are, in most if not all of the states, held in the spring; probably because the public improvements contemplated are to be made chiefly in the summer. The general elections are held in the fall. This may be partly at least, in order that the official year may begin with the calendar year.
Place.—Towns, villages, and city wards are the usual election precincts, but any of these may be divided if necessary. The location of the polling-place is determined by the convenience of the voters.
Supervision.—Each polling-place is in charge of supervisors of election, usually three. In towns and villages, the regular trustees supervise the elections. In cities, three persons for each precinct are appointed to act by the council or by the mayor. The supervisors are assisted by one or two clerks.
Registration.—To prevent fraud, it is required that a person shall have been a resident of the precinct in which he offers to vote for at least ten days. In the cities, where population fluctuates greatly, it has been found necessary to require voters to register before the day of election; that is, to enroll their names and places of residence with the officers of election.
Notices.—Due notice of the times and places of registration and election is given, at least ten days in advance.
Voting.—This is by ballot, the two chief reasons being, (a) to permit the voter to express his choice uninfluenced by any one else; (b) to facilitate the voting.
The voter hands to the chairman of the supervisors his ballot, folded so as to conceal the names. After ascertaining from the other supervisors that the name of the person offering the vote is registered, or being satisfied in some other way that he is entitled to vote, the chairman, in the presence of the voter, deposits the ballot in the box. The voter's name is then checked on the register, and enrolled by the clerks on the "list of persons who have voted."
Counting.—Each name as it is written by the clerks is numbered, and the supervisors in checking the register do so by writing the number of the vote. At the close of the polls, therefore, the number of persons who have voted is known. The ballots are then turned out of the box upon a table, and, without being unfolded, are carefully counted, to see whether they correspond in number with the records. If, as once in a while happens, it is found that there are too many ballots, those in excess are drawn hap-hazard from the pile by the supervisors and destroyed. The ballots are then unfolded, and the count of the persons voted for is carefully made and recorded. These proceedings are all open to the public.
Reporting.—In local elections, the result of the vote is read by a clerk to those present. An abstract of the vote is filed in the office of the clerk of the corporation, and a list of the persons elected is sent to the auditor (clerk) of the county. The names of the justices of the peace and the constables are reported to the clerk of the court.
In general elections, the abstract of the vote is sent to the county auditor. He makes a general abstract of the vote of the county on state officers, members of congress, and presidential electors, and sends it to the state auditor. He also sends to the same officer a list of the persons elected to county offices. An abstract of the vote is published in one or more of the county papers.
Canvassing Boards.—The persons composing these boards are designated by statute. The secretary of the organization is always a member. He is usually assisted by two or more judicial officers.
Certificates of Election.—These are furnished to officers-elect by the secretary of the organization. Certificates of members of congress and presidential electors are signed by the governor and the secretary of state, and are authenticated by the state seal.
Defects.—With all the thought that has been given to the subject, it is still an unsolved problem how to secure "a free vote and a fair count." Of the two purposes given above to be subserved by the use of the ballot rather than byviva vocevoting, the first is too commonly not realized. Perhaps the greatest danger to our government is bribery or overawing of the voter.
A remedy suggested.—The main reliance for the purity of the ballot must of course be the intelligence and uprightness of the people, and he who enlightens and uplifts one or more individuals is to that extent truly a patriot.
The second reliance is the removal of temptation. There may be "honor among thieves," but wrong doing makes a person suspicious, and if the briber cannot see the bribed deposit his ballot he has no good reason for believing that he did as directed.
In Australia they have a plan which seems to obviate bribery, and to have certain other incidental advantages. The plan includes two main features: 1. The printing of ballots at state expense, the ballots to contain all the nominees of all the parties and appropriate blank spaces for the insertion of other names; 2. The secret preparation of the ballot by the voter and his casting it in the presence of the officers only. The operation of the plan slightly modified, as now proposed in Massachusetts, is briefly this: In the polling room as now, is the ballot-box; this none but those in the act of voting and the officers are allowed to approach. As the voters enter the enclosed area a stile numbers them, and an officer hands each a ballot, containing the names of all nominees. The voter takes this into a booth, and makes a cross in ink opposite the name of each person that he wishes to vote for. Having thus prepared his ballot alone, he deposits it in the usual way.
The advantages promised by this plan are obvious. The printing of the ballots at state expense would do away with one of the pretexts for bleeding a candidate for "legitimate expenses." It would take their occupation from the ticket-peddlers, and do away with the deceiving "pasters." The electors would be freed from the nuisance of personal solicitation or dictation. The polling-places would be quieter and more orderly. Best of all, it would greatly minify the evils of bribery for reasons given above.
The principle is certainly a good one, and the machinery is worthy of the careful consideration of our legislators.
Later: This system is now used in several states.
A political party may be defined as a number of persons holding similar views in relation to one or more questions of public policy, and who through unity of action seek to have these views prevail.
The great instrument for securing unity is the convention. It may be a mass meeting, or, as is more usual among the large and well-organized parties, a convention of delegates. In either case it is, be it remembered, not a part of the elective machinery designed by the legislature, but a political device to increase the chances of victory through unity of purpose and action.
Party organization consists of "committees"—town, village, city-ward, county, state, and national. The local committees are chosen by the resident partisans; the county committees by the county conventions; the state committees by state conventions; and the national committee, consisting usually of one member from each state, by the delegates of the respective states to the national convention. Each committee chooses its own chairman and secretary. Besides those mentioned, there are district committees, such as congressional-district committees, senate-district committees, etc., whose members are appointed in a manner similar to that given above. The term of a member is, as might be expected, from the close of one regular convention to the close of the succeeding one. Thus a town committeeman's term is one year, while that of a national committeeman is four years.
The mode of nominating a candidate for the presidency of the United States will illustrate the way of making nominations in general.
1. By long-established practice, each state is entitled to twice as many delegates to the national convention as the number of its presidential electors, and each territory to two delegates. Thus, Minnesota being entitled to nine electors, may send eighteen delegates: and New York, having thirty-six electors, is entitled to seventy-two delegates. Each delegate has an alternate, who acts in the delegate's absence.
2. Though the popular election does not take place until November, the national conventions are usually held in June or July. This is probably to allow plenty of time for the campaign.
3. To allow the machinery time to grind out the delegates, the national committee, having early determined upon the time and place for holding the convention, issues its "call" some months in advance, say in February or March. This is published in the newspapers throughout the country.
4. The next step in the process is the issuance of calls by the several state committees. These are issued as soon as practicable after that of the national committee, and usually appoint the state convention for the latter part of May.
5. In some states all of the delegates to the national convention are chosen by the state convention. But the number of states is increasing, and properly so, in which each congressional district chooses its own two delegates, leaving only the four "delegates at large" to be chosen by the state convention. In these states, the next step is the call of the district committee for a convention slightly antedating that of the state.
6. As soon as practicable after the district call is announced, the several county committees issue their call for county conventions, to be held shortly before the district convention.
7. Lastly, the local committees issue their calls, usually giving a week or ten days' notice. The local convention is called a "caucus."
8. Then in succession the local, county, district, state, and national conventions are held. The caucuses send representatives to the county conventions, which in turn choose the deputations to the district and state conventions, and these finally select the delegates to the national convention. An equal number of "alternates" are chosen at the same time. The state convention also names the presidential electors to be supported by the party.
Thus the national convention is the first to be called and the last to be held, while the caucuses are the last to be called and the first to be held. The caucuses are the real battling-place for the people.
The delegates from each convention receive certificates of election signed by the chairman and secretary thereof. These "credentials" are given to prevent fraud, and constitute the delegates' title to seats in the convention to which they are sent.
The first step taken in the national convention, after securing a "temporary organization," is the appointment of a committee on credentials and another on permanent organization, by the temporary chairman. When the former committee reports, it is known who are entitled to participate in the proceedings; and when the latter committee reports, the convention almost invariably adopts the report and thereby perfects its organization. A committee on rules and one on platform are then appointed.
The states are then called in alphabetical order, and each one that cares to, presents to the convention the name of her "favorite son." Thus in the republican convention of 1860, when Illinois was called, the name of Abraham Lincoln was presented; and when New York was called, the name of William H. Seward was presented, and so on.
When the "roll of the states" is completed, the balloting begins. In the republican convention, nomination is by majority vote; in the democratic, it takes a two-thirds vote to nominate.
The vice-president is then nominated in a similar manner.
After adopting a platform the convention adjourns.
HOW CONGRESS IS ORGANIZED. [Footnote: See also Among the Lawmakers, chapter III. ]
Though the senate is quite a permanent body, two-thirds of its members holding over from one congress to another, its committees are reorganized at the beginning of each congress.
The terms of all members of the house of representatives expire March 4 of the odd-numbered years, and, though many of the old members are re-elected, the house must be reorganized at the beginning of each congress. The mode of organizing the house is briefly as follows:
1. At the first session, the house is called to order by the clerk of the preceding house, who then calls the roll of members-elect [Footnote: The members-elect have previously sent him their certificates of election, received from the state canvassing board.] by states. If a quorum is found to be present, the clerk declares it to be in order to proceed to the election of a speaker. The vote isviva voceon the call of the roll, each member when his name is called pronouncing the name of his choice for speaker. Election is by majority of the votes given. The result is declared by the clerk, who "then designates two members (usually of different politics, and from the number of those voted for as speaker) to conduct the speaker-elect to the chair; and also one member (usually that one who has been longest in continuous service a member of the house) to administer to him the oath required by the constitution." [Footnote: Manual of the House of Representatives.]
The speaker then administers the oath to the members, in groups of about forty, all standing in line before the speaker's desk.
3. The organization is completed by the election of a clerk, a sergeant-at-arms; a doorkeeper, a postmaster, and a chaplain. The vote isviva voce, and the term is "until their successors are chosen and qualified"—usually about two years, though all are subject to removal at the will of the house.
The delegates from the territories are then sworn in.
"At this stage it is usual for the house to adopt an order that a message be sent to the senate to inform that body that a quorum of the house of representatives has assembled, and that ————, one of the representatives from the state of ——, has been elected speaker, and ——- —-, a citizen of the state of —-, has been chosen clerk, and that the house is now ready to proceed to business." [Footnote: Manual of the House of Representatives.]
Each house then orders a committee of three members to be appointed, the joint committee "to wait upon the president of the United States and inform him that a quorum of the two houses has assembled, and that congress is ready to receive any communication he may be pleased to make." [Footnote: Manual of the House of Representatives.] It is in order then for the president to forward his message to congress.
The above are theusualproceedings, and they generally occur on the first day of the session.
The seating of the members is by lot, except in the case of certain members privileged by very long experience or otherwise, who are by courtesy permitted to make the first selection. Each member is numbered, and corresponding numbers are placed in a box "and thoroughly intermingled." Then the numbers are drawn from the box successively by a page, the member whose number is drawn first having first choice of seat, and so on. This may be done while the committees are waiting on the president, as above described.
"Each house shall be the judge of the elections, returns, and qualifications of its own members."—Constitution, I., 5, 5.
A contested election resembles very much in its mode of settlement the trial of a civil suit.
1. Within thirty days after the result of the election is made known, the contestant must serve upon the person declared elected by the canvassing board a notice of intention to contest his seat, and the grounds therefor.
2. Within thirty days of receiving said notice, the member-elect must answer it, stating specifically the grounds of his defense, and must serve a copy of this answer upon the contestant.
3. Ninety days are then allowed for the taking of testimony—the first forty to the contestant, the second forty to the member-elect, and the remaining ten to the contestant for testimony in rebuttal.
Testimony may be taken before any United States, state or municipal judge, notary public, or by two justices of the peace. The opposite party must have due notice of the times and places of taking the evidence; but testimony may be taken at several places at the same time. The witnesses are summoned by subpoena served in the usual way. The examination of the witnesses is by the officer issuing the subpoena, but either party may propose questions. The questions and answers are committed to writing, and authenticated.
All the papers in each case, certified, carefully sealed, and the envelopes indorsed with name of the case, are sent by mail to Washington, addressed to the clerk of the house in which is the contested seat.
The matter is referred to the committee on elections. [Footnote: This is the oldest of all the committees, having been established at the beginning of the first congress.] This committee having carefully considered the matter may bring in its report at any time, this being what is known as a "privileged question." The decision is by majority vote of the house interested.
In the meantime the person who has obtained the certificate of election from the state canvassing board is presumed to have been elected, and is treated accordingly.
In order that lack of means may not compel a man to submit to a wrong, and that the real will of the congressional district as expressed in the election may be ascertained, the contestant may be allowed not to exceed two thousand dollars for expenses.
"The house of representatives … shall have the sole power of impeachment."—Constitution I. 2: 9.
"The senate shall have the sole power to try all impeachments.'—Ib., I. 3: 6.
"The president, vice-president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."—Ib., II. 4: 17.
The house, having resolved that a certain civil officer be impeached, orders that a committee be appointed to notify the senate of the fact; and to state that "the house of representatives will, in due time, exhibit particular articles of impeachment against him, and make good the same;" and to demand that the senate prepare to try the impeachment.
The house then, on motion, appoints a committee (usually of five members) to prepare carefully the articles of impeachment. [Footnote: This corresponds to the indictment of a grand jury.] The report of this committee, having been considered in committee of the whole, is reported to the house, with such amendments as seem necessary. If the report is agreed to by the house, a committee of five "managers" is appointed to conduct the impeachment on the part of the house.
The senate is then notified by the clerk of the house, that the managers, naming them, have been appointed, and that the articles of impeachment are ready to be exhibited.
The senate having appointed the time when it would resolve itself into a court of impeachment notifies the house. At the appointed time the managers carry the articles to the senate, and on their return report to the house.
The senate then issues a summons to the defendant, ordering him to file his answer with the secretary of the senate by a certain day.
On the day appointed, the house, having resolved itself into committee of the whole, attends the trial in the senate chamber. The next day the house attends similarly, if a reply is to be made to the defendant's answer. During the taking of the testimony only the managers attend, the house devoting itself to its regular business. When the case is ready for argument, the house attends daily, as committee of the whole.
The report of the final action of the senate is made to the house by the chairman of the committee of the whole.
In an impeachment trial the senate is both judge and jury. But, for convenience, the functions of judge are usually performed by the president of the court of impeachment; and a senator may be called upon to testify.
The secretary of the senate corresponds to the clerk of the court, and the sergeant-at-arms corresponds to the sheriff in an ordinary court.
"On the final question whether the impeachment is sustained, the yeas and nays shall be taken on each article of impeachment separately; and if the impeachment shall not, upon any of the articles presented, be sustained by the votes of two-thirds of the members present, a judgment of acquittal shall be entered; but if the person accused in such articles of impeachment shall be convicted upon any of said articles by the votes of two-thirds of the members present, the senate shall proceed to pronounce judgment, and a certified copy of such judgment shall be deposited in the office of the secretary of state." [Footnote: Manual of the United States Senate.] Only seven cases of impeachment before the U.S. senate have occurred. To save space they are shown in tabular form:
Time Name. Office. Charge. Result.1798 William Blount. U.S. Senator Intrigues with Case dismissed;from Tennessee. Indians. not an"officer"
1803 John Pickering. U.S. district Intemperance Removed fromjudge, N.H. and malfeasance office.[1]in office.
1804 Samuel Chase. Associate Just. Partiality and Acquitted.[1]U.S. Sup. Ct. injustice.
1830 James Peck. U.S. district Abuse of power. Acquitted.judge, Mo.
1860 West W. U.S. district Treason in Removed andHumphreys judge, Tenn. advocating and disqualified.aiding secession.
1868 Andrew Johnson. President of the Violation of Acquitted byUnited States. Tenure of one vote.Office act andother crimes.
1876 William W. Sec'y of war. Malfeasance in Acquitted.Belknap. office andacceptingbribes.
[Footnote 1: See Thomas Jefferson, American Statesmen Series, pp. 259-63.]
"The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof."—Constitution, I. 3: 1.
The time of this election is the second Tuesday after the meeting and organization of the legislature. If a vacancy occurs in the senate during the session of the legislature, the election occurs on the second Tuesday after notice of the vacancy is received by the legislature.
On the day appointed, the roll of each house being called, each member responds by naming one person for the senatorship. The result of the vote is entered on the journal of each house by the clerk thereof.
The next day at noon, the members of both houses convene in joint assembly, and the journal of each house is read. If the same person has received a majority of all the votes in each house, he is declared elected.
But if no person has received such majority, the joint assembly proceeds to choose, byviva vocevote of each member present, a person for senator. A quorum consists of a majority of each house, and a majority of those present and voting is necessary to a choice.
If no one receives such majority on the first day, the joint assembly meets daily at noon, and takes at least one vote, until a senator is elected.
A certificate of election is made out by the governor, countersigned and authenticated under seal of the state by the secretary of state, and forwarded to the president of the senate of the United States.
"The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the vote shall then be counted."—Constitution, Amendment XII.
The constitution gives no directions as to the manner of counting. No trouble was experienced, however, until the Hayes-Tilden election. The result of this election depended upon the votes of three states, each of which sent in two conflicting sets of certificates. There being no legal provision for the settlement of such disputes, the famous electoral commission was created to determine which certificates should be counted. It consisted of five senators, five representatives, and five justices of the supreme court.
The gravity of the danger thus revealed made it obviously necessary that some general plan be devised whereby such disputes might be obviated. Though consideration of the subject began at once, and various measures were from time to time proposed, no satisfactory solution was presented until February 3, 1887, when the Electoral Count Bill was passed and received the signature of the president.
An outline of the bill is here given, the principal provisions being the second and sixth as here numbered.
1. The electors shall meet and vote on the second Monday in January following their election. [Footnote: The time of meeting had been the first Wednesday in December. The change was made to give time for the settlement of any disputes, as provided in the second section.]
2. If there be any disputes as to the choice of the electors, they are to be settled in the respective states in the way that each state shall determine, provided that the laws governing the matter shall have been passed before the election, and that disputes shall have been settled at least six days before the time fixed for the meeting of the electors. A report of the contest and its mode of settlement shall be made by the governor, and forwarded under seal to the secretary of state of the United States.
3. As soon as practicable after it shall have been ascertained who have been chosen electors, the executive of the state shall transmit under the seal of the state to the secretary of state of the United States the names of the electors, with an abstract of the popular vote for each candidate for elector. The executive shall also deliver to the electors, on or before the day of meeting, three copies of said certificate, one of which the electors shall enclose with each "list of persons voted for as president and vice-president."
4. As soon as practicable after receiving the certificates as aforesaid, the secretary of state shall publish them in full in such newspaper as he shall designate; and at the first meeting of congress thereafter he shall transmit to each house a copy in full of each certificate received.
5. The counting of the vote will take place, as heretofore, on the second Wednesday in February following the meeting of the electors. At one o'clock in the afternoon the senate and house of representatives meet in the hall of the house of representatives, and the president of the senate takes the chair.
"Two tellers shall be previously appointed on the part of the senate and two on the part of the house of representatives, to whom shall be handed, as they are opened by the president of the senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the states, beginning with the letter A; and said tellers, having then read the same in the presence and hearing of the two houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted in the manner and according to the rules in this act provided the result of the same shall be delivered to the president of the senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected president and vice-president of the United States, and, together with a list of the votes, be entered on the journals of the two houses."
6. Upon the reading of each certificate the president of the senate asks whether there be any objections to it. Objection must be made in writing, and must "state clearly and concisely, and without argument, the ground thereof." To entitle it to consideration, the objection must be signed by at least one senator and one representative.
When all the objections to any paper have been received and read, the senate withdraws, and the two houses proceed separately to consider them.
If from any state but one set of electors are certified, and the certification has been done as prescribed in section three, the certificate cannot be rejected. But if not properly certified, the two houses acting concurrently "may reject the vote or votes when they agree that such vote or votes have not been so regularly given by those whose appointment has been so certified."
If more than one return has been received from any state, those votes only shall be counted which have been determined as provided in section two.
If two or more returns appear, each certified by authorities claiming to be the lawful tribunal of the state, the vote shall be counted which the two houses, acting separately, "concurrently decide is supported by the decision of such state so authorized by its laws."
If more than one return comes in from any state, no determination such as is prescribed in section two having been made, the two houses concurrently decide which, if any, of the votes shall be counted. If in such a case the houses disagree, the votes of those electors shall be counted whose appointment shall have been certified by the executive of the state.
When the case in question has been disposed of, the joint session is resumed and the counting continued.
7. In the joint meeting, the president of the senate has authority to preserve order. No debate is allowed, and no question can be put, "except to either house on a motion to withdraw."
8. When discussing an objection, in separate session, no member can speak more than once, and then for not longer than five minutes. The entire time for discussion is limited to two hours.
9. Provision is made for the seating of every one entitled to a seat on the floor of the house; and the act declares that "such joint meeting shall not be dissolved until the count of electoral votes shall be completed and the result declared."
Some time after the passage of the law, it was discovered that a strange omission had been made. By the old law, the electors in each state were required to appoint a messenger to take one of the certificates of votes cast, and deliver it to the president of the senate on or before thefirst Wednesdayin January. By the new law the electors do not meet until thesecond Mondayin January. The inconsitency was remedied, however, by a supplementary act, providing that certificates shall be forwarded "as soon as possible," and authorizing the president of the senate to send for missing certificates on the fourth Monday in January.
Extradition is "the delivering up to justice of fugitive criminals by the authorities of one state or country to those of another." [Footnote: Lalor's Cyclopedia of Political Science.]
The duty of extradition between the states of this republic is imposed by the federal constitution, IV. 2; and the mode of procedure is prescribed by an act of congress passed in 1793. The term "other crimes" used in the constitution is generally interpreted "so as to include any offense against the laws of the state or territory making the demand." On the question whether the executive upon whom demand is made is bound to comply, the federal courts have decided that his duty in the matter is imperative; that he must deliver up the fugitive, unless the accused shall also be under prosecution for breach of the laws of the state to which he has fled.
The procedure is this: "The accused must be indicted in the state in which the crime was committed, or a charge must be brought against him before a magistrate, who, if satisfied that the charge is true, issues a warrant for the arrest of the criminal. A copy of the indictment or affidavit is forwarded to the executive of the state, and he issues to the executive of the state to which the fugitive has gone, a requisition for his surrender. If the executive upon whom the requisition is made is satisfied that the papers are regular and the proof of the crime sufficient," he issues a warrant "for the arrest and delivery of the accused to the agent of the state making the demand."
The expense of these proceedings is borne by the state making the demand.
Between nations extradition is regarded as a matter of comity, and is based upon special treaty. "In this country, power to make such a surrender is conferred upon the executive [Footnote: This of course means the president, as states cannot treat with foreign powers.] only where the United States are bound by treaty, and have a reciprocal right to claim similar surrender from the other power." In relation to the crimes for which extradition may be demanded, it may be said in general that they are specified in the treaty, and are such offenses as are recognized as crimes by both countries. Consequently no two treaties are exactly alike. Generally only things wrong in themselves, not things wrong by local prohibition, are included. Offenses merely political are not included; and "as opinions differ in different countries on what constitutes a political crime, the surrendering nation is very properly made the judge of this question."
As a corollary to the preceding, it is a well-established rule of international law, that the surrendered party can be tried only on the allegations for which extradition has been accorded. This principle is also generally recognized among the states.
A court martial is "a court consisting of military or naval officers, for the trial of offenses against military or naval laws."
Courts martial are of three classes, general, garrison, and regimental. General courts martial consists of from five to thirteen officers, appointed by a general or by the president. Garrison and regimental courts martial consist of three officers appointed respectively by the garrison and the regimental commanders. Only general courts martial have jurisdiction of capital offenses.
There are two marked characteristics of courts martial. First, the accused is tried, not as in a civil court by his peers, but by his superiors. Second, there is no distinction between judge and jury; the officers comprising the court act in both capacities—they determine the fact and apply the law. Sentence is by majority vote, except that to pronounce sentence of death a two-thirds vote is necessary.
For convenience, one of the officers is designated to act as president by the order convening the court. As prosecutor in the case, and also as theresponsibleadviser of the court, a judge-advocate is appointed, usually by the same order. The accused is entitled to counsel; but if he is unable to obtain any, the judge-advocate "must insist upon all rights belonging to the accused under the law and the evidence."
The "findings" of a court martial must in each case be transmitted to the convening authority and by it be approved, before being carried into execution. "In time of peace, no sentence of a court martial involving loss of life or the dismissal of a commissioned officer, and either in time of peace or war no sentence against a general officer, can be carried into effect without approval by the president of the United States."
The jurisdiction of courts martial extend only over offenses committed by persons enlisted in the military or the naval service of the country.
The organization of territories in the United States is for two purposes: to provide good government while population is sparse, and to encourage their development into self-governing commonwealths, and their incorporation into the federal system as rapidly as possible. (See page 217.)
Territories are organized by congress. In the organic act the boundaries of the territory are defined, and a system of government is established. "The governor and the administrative and judicial officers are appointed by the president, but a territorial legislature is entrusted with limited powers, subject to the approval of congress."
Each of the several territories may elect one delegate to a seat in the United States Congress. The delegate may speak on subjects in which his territory is interested, but he cannot vote.
The public lands are not meant to be held forever by the general government. They are designed to be owned and occupied by American citizens. To divide the land into pieces and thus to facilitate the description and the location of any piece, is the principal purpose of the survey. Incidentally the portions six miles square serve as bases for the political divisions called towns, and this was part of the original plan.
The "old thirteen" and Maine, Vermont, Kentucky, Tennessee, and West Virginia were surveyed in a very irregular way. Lands were described as bounded by lines running from stumps to stones, thence to a creek and down the main channel thereof. In 1785, a committee of the continental congress was appointed, with Thomas Jefferson as chairman, to devise a simple and uniform mode of surveying the public lands in what was about to be organized as the Northwest Territory.
The most noticeable peculiarity of the system is that it is rectangular. A prime meridian is first determined, then a baseline crossing it at right angles. Then from points on the baseline six miles and multiples thereof from the meridian, lines are run due north. And parallels to the base-line are run at distances of six miles. The approximate squares thus formed are called townships. The rows of townships running north and south are called ranges. Townships are numbered north and south from the base-line; ranges east and west from the meridian. The diagram on page 341 illustrates the system.
Since meridians all terminate at the poles, the lines between ranges, being meridians, gradually approach each other as they go northward. The lines, then, soon become so much less than six miles apart that a new beginning has to be made. The parallel upon which this correction is made is naturally called the correction line. Corrections were at first made every thirty-six miles, but they are now made every twenty-four miles.
The first prime meridian starts at the mouth of the Great Miami and forms the western boundary of Ohio. The second prime meridian begins at the mouth of Little Blue Creek, in Indiana. The third, at the mouth of the Ohio; the fourth at the mouth of the Illinois; and the fifth at the mouth of the Arkansas. [Illustration: RANGES AND TOWNSHIPS] [Illustration: The numbering of sections in a township.] [Illustration: Divisions of a section.] The first prime meridian has several base-lines. The base-line of the second meridian crosses it about twenty-four miles north of its point of beginning, and the base-line of the third is a continuation of that of the second. The principal base-line of the fourth meridian coincides with the southern boundary of Wisconsin. It has also a short base-line about six miles north of Quincy, Ills. The base-line of the fifth meridian is just south of Little Rock, Ark.
From the first meridian most of Ohio is surveyed; from the second, Indiana and the eastern twenty-four miles of Illinois; from the third, the rest of Illinois, except a small portion north of Quincy; from the fourth, the portion of Illinois just referred to, all of Wisconsin, and that part of Minnesota east of the Mississippi; from the fifth, Arkansas, Missouri, Iowa, Minnesota west of the Mississippi, and the Dakotas east of the Missouri.
The sixth coincides with meridian 97° 22', west of Greenwich. From it are surveyed Kansas, Nebraska, Dakota south and west of the Missouri, Wyoming, and all of Colorado except the valley of the Rio Grande del Norte.
Michigan, Florida, Alabama, Mississippi, and the states and territories in the far west are surveyed from special meridians.
As a general rule, only surveyed lands are subject to entry. Under the mineral land laws, however, claims can be located upon unsurveyed lands.
The public lands are divided as to price into two classes: those whose minimum price is $1.25 per acre and those whose minimum is $2.50 per acre. The latter, usually called "double minimum lands," are in most cases the alternate sections reserved in railroad or other public land grants. In some cases Indian reservations restored to the public domain have been rated differently, the price varying from below the single minimum to above the double minimum.
The remaining public lands are subject to entry under the homestead law, the desert land law, and the timber and stone act; by the location of scrip; and as town-site entries. Mineral lands are subject to entry only under the mining laws; and special laws provide for the disposal of coal lands and lands containing petroleum. Any person who is the head of a family or is over twenty-one years old, and who is a citizen of the United States, or has declared his or her intention to become such, may enter 160 acres of land without cost, except the land-office fees provided by law, inhabiting, cultivating, and making actual residence thereon for the period of five years; or such a settler may at the expiration of fourteen months from date of settlement commute the entry by paying the government price for the land.
No part of the public domain is now (since 1889) subject to private cash entry, except in the state of Missouri and in cases where Congress has made special provision therefor. The preemption and timber culture laws were repealed in 1891. It has also been provided that no public lands of the United States shall be sold by public sale, except abandoned military reservations of less than 5,000 acres, mineral lands and other lands of a special nature, and isolated tracts that have been subject to homestead entry for three years after the surrounding land has been disposed of.
The slavetradewas prohibited by congress in 1808. From that time on it was a felony to bring slaves into the United States.
Slavery never legally existed in the states carved out of the NorthwestTerritory. It was forbidden by the ordinance of 1787.
Vermont abolished it in forming her state constitution in 1777. [Footnote:Before her admission into the Union.]
Massachusetts, by constitution, 1780.
Pennsylvania, gradual abolition by statute, began in 1780; had 64 in 1840.
New Hampshire, by constitution, 1783.
Rhode Island and Connecticut, gradual abolition, 1784.
New York began in 1799, finished July 4, 1827.
New Jersey began in 1804, but had 18 in 1860.
By the Missouri compromise, 1820, slavery ceased "in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of 36 degrees and 30 minutes north latitude," [Footnote: Thomas amendment to act for admitting Missouri.] except Missouri. This part of the act was, in the Dred Scott case, declared by the supreme court to be invalid, still a provision forbidding slavery found its way into the constitution of each of the states afterward seeking admission.
By the emancipation proclamation, Jan. 1, 1863, the slaves of those in arms against the United States were declared free.
The thirteenth amendment, adopted 1865, abolished slavery in all parts of the United States.
HOW VOTING IS DONE IN LEGISLATIVE BODIES. [Footnote: See also Among theLawmakers, pp. 168-70.]
Acclamation.—The most common way of voting on ordinary questions is by acclamation; that is, when a question is put those in favor of it say "aye," and then those opposed say "no." In this case, a majority of those voting prevails. This is sometimes called votingviva voce.
Division.—If the presiding officer is uncertain as to which side is in the majority, he may call for a division, or this may be demanded by any member. Then those voting in the affirmative stand and are counted, after which those voting in the negative do similarly.
Yea and Nay.—On important questions in congress, or on any question by demand of one-fifth of the members, the vote is by "yeas and nays" that is, the roll is called, and each member responds "yea" or "nay." In some states, including Minnesota,all billsmust be voted on in this way, and must receive a majority of the total membership in order to pass.
HOW LAWS ARE MADE. [Footnote: The Minnesota process, given as a type.]
Framing a Bill.—A bill is a proposed law. The framing or drawing up of a bill may be done by any person. For instance, a citizen desiring legislation on any matter may formulate a bill for consideration by the legislature. But many requests for legislation come in the form of petitions, in which case the member to whom the matter is committed by the petitioners usually frames the bill. Many bills originate in committee, some of them as substitutes.
Bringing in.—At the time set in the daily order of business for introducing bills, the member announces his bill by title, which should indicate the matter considered therein, and sends it to the clerk's desk.
First Reading.—No bill can pass without at least three readings. When a bill is first presented, the clerk reads it at the table, and hands it to the speaker, who, rising, states to the house the title of the bill, and that this is the first reading of it.
Commitment.—Unless objection is made, the bill, if not one which has been formulated by a committee, is then referred for careful consideration to a committee, standing or special. The number of subjects coming before a legislative body is too great to permit the initial consideration of each by the whole body. It is a note-worthy fact that our lawmaking is virtually committee legislation. All bills for appropriating money shall before passage be referred to the finance committee.
Second Reading.—When reported favorably by the committee, with amendments, such amendments must be read in full, and if they are adopted the bill passes to its second reading, which is by title only. If the bill is of a general nature, it is printed and placed on the General Orders or list of bills ready for consideration by the committee of the whole.
Committee of the Whole.-This consists of the entire membership of the house. Its work is to perfect bills before they come up for final passage. To this end great freedom of debate is permitted. This is the last opportunity to offer amendments, except by unanimous consent. When the house resolves itself into committee, the regular presiding officer leaves the chair after designating a member to act as chairman. When the committee rises, the presiding officer resumes the chair and the chairman of the committee reports its action. Bills reported favorably are engrossed, that is, rewritten neatly as amended, and are placed on the Calendar, or list of bills ready for third reading.
Third Reading.—This is in full, and the question is on the passage of the bill. If passed the bill is sent to the other house, with the announcement that it has passed the first house.
Action in other House.—The bill is treated in the other house as in the first. If passed, it is returned similarly to the house in which it originated. If passed with amendments, these are considered. ENROLLMENT.— When it has passed both houses, the bill is plainly and accurately written on parchment, under supervision of the committee on enrolled bills.
SIGNING.—The enrolled bill is signed by the presiding officer of each house, and, if he approves it, by the executive.
DISPOSITION.—The bill is then carried by the executive to the secretary of state, who deposits it among the archives. Copies are made for publication. [Footnote: Read Among the Lawmakers, pp. 60-64.]