1. In the capitol there is a large library, consisting of two parts; one part called the Congressional library, the other, the law library. The latter is made a part of the former by an act of Congress. Both are subject to the same laws and rules, and both are supported by appropriations made by Congress.
This institution, called as a whole, “The Congressional Library,†contains the works supposed to be useful to legislators, but is not confined to their use alone. Its use has been extended to the judges of the Supreme Court; to all the heads of departments; to the Attorney General; to all the members of the diplomatic corps, (foreign ministers); to the secretary of the Senate; to the clerk of the House of Representatives, to the chaplains of Congress, to all ex-Presidents, and to the solicitor of the Treasury.
2. It has a librarian, appointed by the President and Senate, who is allowed to appoint two assistants. No book or map is allowed to be taken out of the library by any person, except the President, Vice-President, members of the Senate and of the House of Representatives.
People in general, who are interested to do so, may obtain information from the books and records when properly authorized, under such restrictions as the circumstances require.
3. Here are kept all the laws which have ever been enacted by Congress, together with a record of all its proceedings, the laws of all the different States, with many of those of foreign countries; also a large collection of books on promiscuous subjects, useful to Members of Congress and to those who have to administer the government. No where else can so complete a history of the acts and proceedings of the government be found, as in the Congressional library at Washington.
This institution dates back to the year 1800, when an act was passed making the first appropriation of $5,000 for its establishment. The books purchased with this $5,000, with those belonging to both Houses, were placed together, and thus this library was commenced.
A Copyright is an exclusive privilege given to any citizen, or resident in the United States to print, publish, or sell any book, map, chart, engraving, or musical composition of which he or she is the author or proprietor. This right is given by the laws of Congress. No State can give it. The object is to encourage authors, and to compensate them for their labors, which they could not be sure of obtaining if any one might publish and sell their productions. A copyright conveys all the rights of ownership, and may be bought and sold like other property.
1. A printed copy of the title of the book, map, chart, dramatic or musical composition, engraving, cut, print, 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, prepaid, addressed, “Librarian of Congress, Washington, D. C.†This must be done before publication of the book or other article.
2. 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 $1 in all) for each certificate of copyrightunder the seal of the Librarian of Congress, which will be transmitted by return mail.
3. Within ten days after publication of each book or other article, two complete copies of the best edition issued must be sent, to perfect the copyright, with the address
Librarian of Congress, Washington, D. C.
It is optional with those sending books and other articles to perfect copyright, to send them by mail or express; but, in either case, the charges are to be prepaid by the senders. Without the deposit of copies above required, the copyright is void, and a penalty of $25 is incurred. No copy is required to be deposited elsewhere.
4. No copyright hereafter issued is valid unless notice is given by inserting in every copy published, on the title page or the page following, if it be a book; or, if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected as a work of the fine arts, by inscribing upon some portion of the face or front thereof, or on the face of the substance on which the same is mounted, the following words, viz.:Entered according to act of Congress, in the year ____, by ____, in the office of the Librarian of Congress, at Washington.
The law imposes a penalty of $100 upon any person who has not obtained copyright who shall insert the notice “Entered according to act of Congress,†etc., or words of the same import, in or upon any book or other article.
5. Any author may reserve the right to translate or dramatize his own work. In this case notice should be given by printing the words,Right of translation reserved; or,All rights reserved, below the notice of copyright entry, and notifying the Librarian of Congress of such reservation, to be entered upon the record.
6. Each copyright secures the exclusive right of publishing the book or article copyrighted for a term of twenty-eight years. At the end of that time, the author or designer, or hiswidow or children, may secure a renewal for the further term of fourteen years, making forty-two years in all. Applications for renewal must be accompanied by explicit statement of ownership in the case of the author, or of relationship in the case of his heirs, and must state definitely the date and place of entry of the original copyright.
7. The time within which any work copyrighted may be issued from the press is not limited by any law or regulation, but depends upon the discretion of the proprietor. A copyright may be secured for a projected work as well as for a completed one.
8. 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 is fifteen cents for every 100 words, and ten cents for every 100 words for a copy of the record of assignment.
9. A copy of the record (or duplicate certificate) of any copyright entry will be furnished under seal, at the rate of fifty cent each.
10. In the case of books published in more than one volume, if issued or sold separately, or of periodicals published in numbers, or of engravings, photographs, or other articles published with variations, a copyright is to be taken out for each volume of a book, or number of a periodical, or variety, as to size or inscription, of any other article.
11. To secure a copyright for a painting, statue, or model or design intended to be perfected as a work of the fine arts, so as to prevent infringement by copying, engraving, or vending such design, a definite description must accompany the application for copyright, and a photograph of the same, at least as large as “cabinet size,†must be mailed to the Librarian of Congress within ten days from the completion of the work.
12. Every applicant for a copyright must state distinctly the name and residence of the claimant, and whether the rightis claimed as author, designer, or proprietor. No affidavit or formal application is required.
Up to 1849 the Secretary of State had the care of issuing copyrights. It was then assigned to the newly created Department of the Interior, and so remained until 1870, when it was transferred to the Librarian of Congress.
1. These are the President of the Senate and the Speaker of the House of Representatives. The latter is chosen by ballot of the Members of the House. As this position gives him considerable influence over the course of legislation the party having a majority in the House are careful to select one on whose sympathy with their views and aims they can rely. When there is nearly or quite a balance of parties, it becomes an important and difficult matter to adjust; and has, in some instances, required a long struggle to elect the Speaker. The result, in such a case, usually determines which shall control the general legislation of that Congress.
2. The President of the Senate, under ordinary circumstances, is determined by the Constitution, that instrument devolving the office on the Vice-President. It is the only active duty assigned him while the President is in condition to perform the duties belonging to that office. It seems to befit his relations, being the highest honorary place in the government below that of President, subjects him to no superior, and, from the part the Senate takes in the responsibilities of the President, makes him acquainted with the general conduct of affairs; which may be an important advantage to him should he be called to act as President. In the latter case, and in case of the decease, resignation, or disability of the Vice-President,the Senate proceeds to elect its President in the same way as in the House of Representatives, i. e.: by ballot, for a candidate among its own members.
3. Their duties are to open every sitting of their respective Houses by calling the members to order at the appointed time, on the appearance of a quorum to cause the journal of the preceding day to be read, to preserve order and decorum during the deliberations, to decide questions of order that may arise, (from which an appeal may be taken to the House, at the instance of any two members,) to formally state, and call for the votes on, a question to be decided, and to declare the result of the same after the vote has been taken.
This is the regular routine duty of a presiding officer. They, as the recognized Heads of their respective Houses, have the general oversight of its interests, and a general control of the conduct of its business. They examine the Journal to see that it is correct, may order the galleries and lobby to be cleared in case of any disturbance by spectators, and have general control over the unoccupied rooms in the capitol belonging to their respective Houses. They are required to sign all acts, addresses, and joint resolutions, and appoint the members of all committees whose appointment is not specially directed by the House to be otherwise made. In all cases of ballot the Speaker of the House must vote; but he is not required to vote in other cases unless there is a tie, (an equal number for and against,) when he must give the casting vote. The President of the Senate may vote only in case of a tie.
When the House of Representatives goes into Committee of the Whole, the Speaker leaves the chair, but appoints a chairman to preside for the time being; and when the President of the United States is impeached before the Senate the Chief Justice of the Supreme Court presides.
4. Their duties are very distinctly defined in the rules adopted by each House for their guidance, but many opportunities for exerting great influence often arise, and many cases requiring great tact and judgment and an intimate knowledgeof Parliamentary Law. They receive a much larger salary than ordinary Members of Congress.
The following are the names of all the Speakers of the House of Representatives. A list of Vice-Presidents is given in the chapter devoted to that officer.
1. The Secretary of the Senate and Clerk of the House of Representatives, are the officers next in rank in the two bodies forming Congress. They are appointed by vote of their respective Houses. They are not necessarily selected from among the members of the Senate or House, as is the custom in case of the presiding officers, but may be chosen by the members at will.
2. Their chief duties are in connection with a record or journal of the proceedings of their respective Houses. This is an official and correct account of all the transactions of each body, is examined by the presiding officer, and read before the members for criticism and approval. They cause this journal to be printed and a copy be delivered to each member at the commencement of every session of Congress, as also to the Executive and to each branch of the Legislature of every State. So also they arrange, cause to be printed, and distribute to the members all the current documents of each House that may be useful to them in the discharge of their duties, as often as the case requires. All contracts for furnishing anything required by Congress, or for any labor done for it, are made with, or approved by, the Clerk of the House and Secretary of the Senate.
3. They act also as treasurers of the special, or contingent funds of Congress, from which payments are made on their order, after the accounts, on which the order is based, are approved by the Committee of Accounts; and give bonds in a large sum for the faithful use of these funds, making a detailed report of all expenditures.
4. Is a kind of police and executive officer, who aids or acts under the direction of the presiding officer in keeping order, and executes the commands of Congress. All arrests orderedby Congress are made by him or his deputies, and all legal processes served by him. He bears a mace as the symbol of his office when on duty. He keeps the accounts of the pay and mileage of the members of Congress, prepares checks, and draws and pays the money to them.
5. The other officers are a Doorkeeper—whose business it is to see that only the proper persons gain admission to the sessions of Congress, and watches over, and is responsible for, the furniture contained in the rooms of the capitol placed in his charge—and a postmaster, whose business it is to superintend a postoffice kept in the capitol for the accommodation of members of Congress. Various clerks, deputies, and messengers are employed under most of these officers, to aid them in the discharge of their duties.
1. Congress is required by the Constitution to assemble on the first Monday in December of each year. It may, by a law duly made to that effect, change that time, but no permanent change has ever been made. As soon after that time as a quorum of its members, which the Constitution declares shall be a majority of each House, has assembled each House proceeds to the election of officers (which, however, is done only every other year,) and the arrangement of its committees, and it is ready for work.
2. As soon as the organization is ascertained to be complete the other House of Congress and the President are informed of the fact, after which propositions, or bills as they are called, of new laws, or repeals or revisals of old ones are entertained. Of these there is never any lack. They are taken up in regular order, referred to an appropriate committee for examination, a report is in due time made by the committee, discussed at such length as the members see cause for, in a regular manner,and finally are voted on. Sometimes, if the members are not satisfied with the information presented on some point or points, they return them to the committee with instructions to investigate further, and make another report; sometimes they “lay them on the table,†that is, put them aside for future action; or they accept, amend, or change them to meet their views, and then accept or reject them altogether.
3. When a bill has reached a vote and been accepted by the House in which it originated, it is sent to the other House, by which it is taken up, referred to a committee, usually passing through substantially the same course and form of consideration as in the first case, laid aside, amended, accepted or rejected according to circumstances, and returned to the former House. If it is accepted by both they then send it to the President, who carefully considers it. If it meets his approbation, he signs and returns it to Congress, and it becomes the Law of the Land, and all to whom it refers are bound to obey it, it being the duty of the President to see that it is enforced. It is called an “Act of Congress,†because it is the proper exercise of its law making authority, and because all such laws are preceded by the clause, “Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled.â€
4. If the President does not think it a suitable law, and is unwilling to assume the responsibility of signing it, he returns it to Congress, with his reasons for not doing so. If Congress is not satisfied with these reasons it may take another vote on it, and if the members in its favor amount to two-thirds of each House, it becomes a law without the signature of the President. This power of the President to decline to sign a law of Congress is called his “Veto.†Sometimes it is carried over the veto, and sometimes it fails for lack of the requisite number in its favor.
5. The larger part of Congressional laws are passed in this way, which is the regular Parliamentary form; but sometimes its authority is expressed by a Resolution instead of a bill.This is a kind of informal way of passing a law, though it usually takes that form because of the peculiar character of the subject of the Resolution; as an amendment to the Constitution would be commenced by a resolution passed by both Houses; but, as Congress has not the sole power over that question, it requiring the concurrence of three fourths of the States, it is put in that form. When some demand is to be made by Congress on the President, or on various officers of the government, and in a variety of other cases, a resolution has the force of law, disobedience to which would involve a penalty. Many resolutions merely express the views of Congress, and are of force and value only on account of the respectability and dignity of the body expressing them. Some resolutions require to be passed in both Houses to acquire legal force, and are then called Concurrent Resolutions.
A bill must pass through the regular forms of printing, reference to a committee, report, placing in order on the records, and calling up at a proper time for consideration and decision. This is very proper to avoid hasty action before all the bearings of the case have been examined; but would consume too much time if required in every case. A resolution may be debated and decided at once, and it facilitates the progress of business, in the class of cases to which it is applicable.
6. The amount of business to be done by Congress is immense. Each branch of the executive department makes a yearly report to it, which must be considered and suitable laws passed; many hundreds of laws are commonly asked to be passed, repealed, or revised, by the President or the people; and all the interests of a great and growing country looked after. Those who are at a distance cannot always judge accurately of the difficulties it meets with in endeavoring to give satisfaction to all, nor of the different appearance which questions may present when closely examined and looked at on all sides, and Congress has a great deal of short-sighted criticism to bear.
Congressmen cannot always tell what is best more than otherpeople, nor always find themselves able to do what they prefer, or judge to be best, and the account to which they are held is sometimes unjust; yet, on the whole they have always respected, and sought to serve, the views and interests of the people as a whole, and deserve much praise. The country has become prosperous and free under their legislation, and what the majority of the people clearly call for is always done for them.
7. The more carefully the people whom they represent watch them at work, and study the subjects they are required to legislate on, the less reason will they find for denunciation of them, and the more intelligently will they be able to lay out their work for them. They are the servants of the people, notwithstanding they seem to command and order, and are liable to be dismissed and turned out of place if they do not give satisfaction. They are men like ourselves, with interests, temptations, and weaknesses. We should aid them in their work, and assist them to walk uprightly by our intelligence and careful regard for reason and right. Our representatives will always, in character and conduct, present a fair statement of what we are ourselves. If we are just, honest, and high-minded they will not dare to be otherwise than faithful and true, and if we are intelligent we shall never put ignorant and vile men in office. So the Congress of the United States of America will always be a truly Representative Body.
1. Among the Institutions of the government is that heading this chapter. The amount of printing required to be done for Congress, the various branches of the government, and for the benefit of the people, is very great indeed. All the proceedings of both Houses of Congress as recorded by the secretaries are required to be printed under authority; since many copies are required by the members and for general purposes.All the laws are printed in great numbers for circulation among the many millions interested; and when a bill is proposed it requires to be printed for the use of the several hundred members who need it for examination and study, although it often never becomes a law.
2. The President’s Messages, and all the reports of heads of departments and bureaus; the reports and commissions of army and navy officers, of investigating committees, of various superintendents, agents, and government employees, and many other things are printed, sometimes only for use of Congress; sometimes for extensive circulation. Thus it is easily seen that the government printing is a heavy expense, and a very large part is indispensable; though many believe that a judicious selection of documents and a careful study as to the number of some of them printed might largely reduce the expense, without injury to the public welfare. We do not wish to pay for the printing of documents that are never read. It is a waste of the people’s money; yet, we must not forget that it is of the utmost importance that the people should become intimately acquainted with all the affairs of the government. Perhaps Congress is sometimes wiser than the people, and that many documents are wisely printed, and unwisely left unread by those most interested. Economy and intelligence are to be equally regarded.
3. Until 1860, the government hired men to do this work, and a printer was employed by each house of Congress. But great complaints were made of the enormous expense to which the country was subjected in this item of its expenditures; and at the date named, Congress passed an act establishing a government printing office, to be under the direction of a superintendent of public printing. The sum of $150,000 was appropriated for the purchase of necessary buildings, machinery, and materials for the purpose. By the provisions of the act it was made the superintendent’s duty to overlook all the public printing and binding, not only of Congress, but of all the departments, and of the United States courts; to purchase allnecessary materials and to employ all the workmen required. And that Congress may know how the establishment is conducted and at what expense, the superintendent is required to report to Congress at the commencement of every session, the work done, the number of hands employed, and the exact state and condition of the establishment. He is prohibited from paying more for work done in this office than is given for the same services in private printing offices in Washington.
4. The superintendent is also charged with the duty of procuring all blank books, maps, drawings, diagrams, views, and charts, which may be ordered by Congress, or by the heads of departments and bureaus. But the superintendent himself is not left to act always as he may think proper, for in many cases he must have the approval of the joint committee on printing of both Houses of Congress.
5. This is a very proper effort to curtail expenses. It remains to be seen how successful it may be. The constant watchful oversight of the Sovereign People can alone succeed in keeping all things in due order. When the representatives of the people become careless and wasteful the admonition of the people is never without its effect.
1. The present organization of this institution dates from the beginning of the civil war, and was originally purely military in its aims and purposes. It is still conducted by the War Department, and partly for its own purposes; but its value to agricultural and commercial interests is constantly becoming more apparent and more extensive, and will probably, in the end, so overshadow its military relations as to reduce them to a very subordinate place in importance. The civil uses of this service are based on the science of meteorology, which is largely occupied with weather changes, the origin,progress, and laws of Storms. Its value to the people consists in its accurate prediction of changes in the weather, and the warning it is able to give, sometimes many hours or even days in advance, of dangerous storms. Its estimate of weather probabilities, based on observations reported daily from prominent points covering the whole country, are published in all the daily papers, usually found accurate, and are of great value to certain classes of the people. When a storm threatens to endanger the safety of shipping a signal is displayed in the port to give warning, and much property and many lives are often saved. It makes an accurate and scientific study of the weather and all the laws controlling its changes, by a large corps of enlightened and trained observers, all whose facts, constantly reported, systematized, and studied by competent persons, are likely to produce, in time, a most important and useful body of knowledge on that subject.
2. The objects of the Signal Service require its officials to be connected with the United States army, to have the use of the Electric Telegraph, to be familiar with Meteorology, and skillful in the use of the scientific instruments employed in the study of atmospheric changes. By means of the telegraph, the army, though scattered over the whole country, and especially the frontiers and more inaccessible parts, may be almost instantaneously, and all at the same time, communicated with. It would be possible, by telegraphs, signals, and railroads, to concentrate the whole army from the numerous points where its fragments are located, from Maine to Texas, and the Atlantic to the Pacific, at one point in as short a time as it formerly took a body of soldiers to march a hundred miles.
3. It is a singularly striking instance of the vigor and effectiveness of control supplied by science, invention, and modern progress, by which our vast increase in numbers and in extent of territory are neutralized, the interests, sentiments, and habits of the people unified so that sectional jealousies and contests are made rare and slight, and the people of remote parts of the country made practically better acquainted witheach other than formerly were the inhabitants of adjoining States.
4. Subordination and thoroughness of system are secured by its connection with the army, which probably also secures its advantages to the country at much less cost than would be the case were it an independent institution. The army is ambitious to be as useful as possible to the country. There is a Signal School of Instruction and Practice at Fort Whipple, in Va., which is to this Service what the Military and Naval Academies are to the Army and Navy. The most suitable persons are selected from the army or especially enlisted, and carefully schooled and tested through a sufficiently long period to render them fully competent for the delicate duties imposed on them.
5. There are about 90 Signal Stations, a few being located in Canada and the West Indies. The whole is under the direction of the Chief Signal Officer, who reports to the Secretary of War. There is a large and carefully arranged organization, under constant supervision by competent persons. Several Boards of Examination are employed in selecting suitable persons for the different duties required in the Service, and in testing their advancement toward a thorough fitness for each position to be occupied.
The first or lowest grade is for the “field†signal service, requiring a knowledge of army signals and telegraphy—this being the original military value of the institution—the second grade includes those who are competent to act as assistants to observers in the scientific or meteorological part of the work; and the third (called Observer Sergeants) includes those who have so complete a knowledge of the scientific principles involved and of the use of the instruments employed as to be fitted to take charge of Stations of Observation, and make the constant and minute reports on which the conclusions of the Central Office are based.
The Stations are from time to time inspected, and the whole system kept in the most accurate order. Very much depends on the intelligence and unremitting attention of the Observers.
This is, probably, the beginning of a work of the greatest practical value to commerce and agriculture. It will continually expand and grow more exact and useful, and from its relations to the diffusion of important and useful knowledge we have placed it with
1. Though there are no doubt many minor failures to meet the wishes, and secure the interests of the people and some, perhaps, that are really serious—though in these the people bear a good share of the blame—the government has pursued an enlightened policy in respect to the encouragement of Science, and the diffusion of useful knowledge. What it can properly do in the interest of the whole people has been done. The Smithsonian Institution is not wholly a government establishment; but the official machinery by which it was at first set in motion, and is continued in operation, belongs to the government. The funds with which it was founded, were furnished by an individual, and he a foreigner. The history runs thus: A noble-hearted Englishman, whose name was John Smithson, residing in the city of London, bequeathed all his property to the United States of America, for the purpose of founding in Washington an establishment to be known as the “Smithsonian Institution,†for the purpose of increasing and diffusing knowledge among men. The United States accepted the bequest, and in 1846 passed an act for the purpose of carrying out the beneficent design of Mr. Smithson. This act created “an establishment,†as it is denominated in the act, by the name before stated. It might have been called a corporation, for it has perpetual succession, and many of the powers incident to a corporation.
2. By this act the President and Vice-President of the United States, the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Postmaster General, the Attorney General, and Chief Justice, the Commissioner of the Patent Office, and the Mayor of Washington—during the time they shall hold their respectiveoffices, together with such other persons as they may elect honorary members—were constituted the establishment under the name of the Smithsonian Institution.
3. It is located at Washington, and is managed by a board of regents, composed of the Vice-President of the United States, the Chief Justice of the United States, the Mayor of Washington, three members of the Senate, and three members of the House of Representatives; together with six other persons. The board choose their own officers, and report their proceedings to Congress at each session thereof.
4. In order to carry out Mr. Smithson’s noble design of founding this institution, rooms have been prepared for the reception of all objects of art, natural history, plants, and geological and mineralogical specimens which now or hereafter may belong to the United States, and such as may hereafter be obtained. These are classified and arranged so as to facilitate their examination and study. A vast collection has already been obtained and deposited in the institution, and it is constantly increasing by donations, by the researches and industry of its professors, and by exchanges made with kindred institutions at home and abroad. These are open to the examination of the public, and offer an opportunity to students and others to extend their scientific knowledge. This, together with the reports of its professors, of experiments and new discoveries, make it indeed an institution “for the increase and diffusion of knowledge among men.â€
1. Congress being the law-making power of the government, it is evident that, to know precisely what laws it is important to enact, to change, or to repeal, they should be kept well informed of all that is done by government officials, and the precise condition of every branch of the public service.The President’s Messages are of the nature of reports made by the Chief Executive to the legislative body for its information and guidance. So it is enacted that the Secretaries of State, Treasury, War, Navy, Interior, and Postmaster General, together with the commissioners of the different bureaus, and boards attached to these departments, shall annually report to Congress. Heads of departments report directly to Congress. So do many of the commissioners who are at the head of bureaus. Boards report to the heads of departments to which they are attached.
2. In this way Congress is kept advised of whatever is done in every department, bureau, or board, to which any of the public business is entrusted. These reports not only furnish the law-making power with such information as it needs, but serve as a check to any official misconduct. The annual reports of the Secretaries of the Treasury, War, and Navy, together with that of the Postmaster General, are State papers which rank in importance next to the annual message of the President. To them the people look for a detailed account of the state and condition of those great departments over which these Secretaries preside, and which so materially affect the pecuniary and other great interests of the nation.
3. The foregoing remarks upon reports, throw light upon the movements of the machinery by which the government is operated, and show how officials are held responsible to the superior power.
In this connection we may notice another kind of reports, which come from another source. After each Congress has convened and organized, the President of the Senate and the Speaker of the House appoint what are denominated the standing committees of each of these bodies.
When bills are presented to be passed into laws, or petitions are sent in, they are always referred to the appropriate committee, which examines them and reports to the body (of the Senate or House) their conclusions upon the merits or demerits, propriety or impropriety, of granting the petition, or of passing the bill under consideration.
These reports generally govern the action of Congress when they come to vote upon the passage of the law. But that is not always the case; the body of either House may think differently from its committee, and act contrary to its recommendations.
1. In the second article, section four, of the Constitution, these words are found: “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.â€
2. Impeachment is a procedure against office holders only, for the purpose of removing them from office. It inflicts no other punishment; but the guilty party may afterwards be prosecuted for his crime in a court of law, and punished in such manner as the law directs.
3. The House of Representatives alone can present charges looking to the trial of an officer of the government by impeachment. Its action, in such a case, is similar to that of a Grand Jury. It charges that the official has violated the law and should be tried, in order, if guilty, to be removed from office. It appoints a committee to conduct the prosecution before the Senate, to which these charges are presented.
4. The Senate alone has the power to try the accused party. When trying a case of impeachment it acts as a court, and from its decision there is no appeal. The President cannot pardon a criminal who has been impeached. When the President of the United States is tried, the Chief Justice of the Supreme Court presides, but in no other case. No person can be convicted in a trial of impeachment, unless two-thirds of the Senate concur in finding the accused guilty of the alleged offense.
This is the third Branch of the government, as determined by the Constitution, and is of supreme importance and dignity. Its sphere is to interpret the Constitution, to decide controversies, to try offenders and to pronounce sentence on them, to enforce rights, and to keep the whole organism of the government in proper place and proportion. It is attached to the governmental machinery as a Regulator. Without it the other Departments must be the judges of the extent of their own powers; the Constitution would be practically inoperative to prevent inharmonious or mischievous legislation; and the executive would possess the authority to try as well as punish offenses.
The officers of this Department of the government are expected to be men of much weight and dignity of character, of wide legal culture, and are selected for, and continued in, office under such circumstances as to guarantee, to a fair extent, the requisite distinction and impartiality.
All this we shall see as we proceed to analyze its different branches. These consist of the United States Supreme Court, the Circuit Courts, the District Courts, and the Court of Claims. The local courts in the District of Columbia, and the Territorial Courts, though similar to the State Judiciaries, are connected, by their relations to the General Government, with this Department.
The importance of this branch of the government has become more evident as time has passed, and the conflict of parties has put the whole to test. The acrimonious party spirit of our early post revolutionary history, which continued into Monroe’s administration, was, in great part, the result of a want of due confidence in, and respect for, the judiciary. Experience showed that our people were law abiding, and that the Legislative and Executive powers, equally with the people,were willing to submit to the official interpretation of the Constitution, and all ready to join hands to maintain its authority.
1. This is the highest tribunal in the United States. If the whole government be figuratively regarded as an arch this is the “Key Stone of the Arch†without which the whole structure would crumble and fall. In all cases of dispute as to the meaning of the Constitution and the range of powers it confers, or implies, it has sovereign power to decide; and from that decision there is no appeal. Its declaration, as to the meaning and application of the Constitution and the body of statutes enacted under it, becomes the law of the land. It is the great bulwark against tyrannical use of power, and conflicting enactments, whether by National or State Legislatures.
2. This court has one Chief Justice and nine Associate Justices, all appointed by the President, by and with the advice and consent of the Senate. They are appointed for life, or during good behavior; they may be impeached for bribery or other high crimes, and then removed from office. They may also resign; but if they conduct themselves properly and choose to retain their offices, there is no power by which they can be removed, except the power of death. The Constitution itself makes this provision, in order that the judges may be removed as far as possible from the influence of party politics. It is therefore expected that their decisions will not be biased by party or political considerations; and it may not be amiss to say that the provisions for keeping the judges of the United States Courts in office for life, meets with almost universal approbation; and has caused many to hope that the States would alter their Constitutions and adopt the same plan; believing it to be the surest way of preserving a pure andindependent Judiciary, on which depend the rights and liberties of every citizen of the commonwealth.
3. This court holds but one term in a year, which commences on the first Monday of December, and sits until it has disposed of the business before it. Its sessions are always held at Washington, the capital of the nation; there it has access to the Congressional and Law Libraries, and to all the departments and records of the government when necessary.
There is a class of causes which may be commenced in this court. In these cases it has original jurisdiction. They are such as affect ambassadors, other public ministers, and consuls; and those in which a State shall be a party. In other cases it has only appellate jurisdiction. The greater part of its business is to hear and determine appeals from inferior courts, mainly from the United States Circuit Courts; and in some instances from the highest State courts.
4. It has not only original, but exclusive jurisdiction in causes where a State is a party, and when proceedings or suits against ambassadors, or other public ministers or their servants, are instituted. Its power to try appeals from lower courts, calledappellatejurisdiction, gives it the position of the highest court in the nation.
It has power also to restrain or to prohibit proceedings in the United States District Courts, when acting as courts of Admiralty; or in cases of maritime jurisdiction. The judges of this court hold the Circuit Courts, and allot themselves among the judicial circuits.
The practice and rules of procedure in this court are very similar to those of the Courts of Chancery and King’s Bench, in England. Issues of fact are tried by jury, the same as in other courts.
5. The officers of this tribunal are the Judges, the Attorney General, a clerk, a crier, and a reporter. The three last named are appointed by the court. It is the duty of the Marshalof the District of Columbia to attend this court, and to serve process issuing from it.
An Attorney or Counsellor-at-Law, to be admitted to practice in this court, must have been a practitioner in the Supreme Court of the State where he lives.
6. The following are the names of all the Chief Justices of the Supreme Court of the United States, from its establishment to the present time; with the dates of their appointments, and the States from which they were appointed:
7. The following are the names of the Associate Justices with the dates of their appointment and the States from which they were appointed:
The next in dignity, power, and jurisdiction are the United States Circuit Courts. While the Supreme Court is always held in Washington, these are held in every State at such times and places as special law of Congress directs. These are often changed so as to accommodate both the people in the States and the judges of the Court. As now arranged, the whole Union is divided into nine circuits, each circuit comprising several States, according to the size and population of theStates. The places are arranged with reference to convenience of access by all the people in the circuit.
This Court is similar in design and authority to the Supreme Court; indeed it is but a branch of it; the same officers presiding, and the same class of questions being adjudicated by it, viz.: those involving Constitutional Law; and this authority, so important to uniformity of interpretation of constitutional provisions, and to the enjoyment of rights guaranteed by that instrument to citizens of all the States, is made pervading—is carried within the reach of all.
2. The Circuit Courts are held by the Judges of the Supreme Court, who allot the circuits among themselves, and then travel each through his own circuit, until he has visited and held a session in every State which lies within it. A Judge of the Supreme Court is the presiding and supreme magistrate in every Circuit Court, but the Judge of the District Court of the district in which the Circuit is held, sits with the Judge of the Supreme Court, as Associate Justice.
3. These Courts have both original and appellate jurisdiction. Causes may be appealed from the District Courts to the Circuit. They also have concurrent jurisdiction with the State courts, where the matter in dispute exceeds the sum of $500, and the United States are plaintiffs; or where an alien is a party, or where the suit is between citizens of different States. They have exclusive jurisdiction in all cases of crimes against the United States, except where the law especially confers the power on other courts. It extends to all cases under the revenue laws of the United States.
4. There is also a certain class of cases (too tedious to be described here in detail,) which may be removed from State and from District Courts, into these courts, and be tried and determined in the same manner as if they had been commenced here.
The officers of Circuit Courts are, first, the Judges; second, the District Attorney of the district in which the court isheld; third, the Marshal of the district; and fourth, a Clerk, who is appointed by the court.
5. It may be interesting, and perhaps useful to know how the different circuits are formed, and what States lie in each. They have been from time to time increased in number, as the number of the States increased. In some cases States have been at first placed in one circuit, and afterwards detached and placed in another.
6. By the Acts of 1862 and 1863, the circuits were arranged as follows:
First Circuit—Rhode Island, Massachusetts, Maine and New Hampshire (by Act of 1820).
Second Circuit—Vermont, Connecticut, New York (Act of 1837).
Third Circuit—New Jersey and Pennsylvania.
Fourth Circuit—Maryland, Virginia, Delaware and North Carolina.
Fifth Circuit—South Carolina, Georgia, Alabama, Mississippi and Florida.
Sixth Circuit—Louisiana, Texas, Arkansas, Kentucky and Tennessee.
Seventh Circuit—Ohio and Indiana.
Eighth Circuit—Michigan and Illinois.
Ninth Circuit—Wisconsin, Missouri, Kansas, Iowa and Minnesota.
Tenth Circuit—California and Oregon.
But in 1866 this arrangement of the circuits was again changed; and this was done, we suppose, to make the circuits approximate nearer to the number of Associate Justices, as reduced from nine to six by the same act; for, it was then enacted that hereafter there should be no more Associate Justices of the Supreme Court appointed, until they were reduced (by death or resignation), to six.
7. The circuits by this last act were reduced to nine, and were arranged as follows:
First and Second Circuits to remain as before.
The Third was made up of the States of Pennsylvania, New Jersey and Delaware.
The Fourth, of Maryland, Virginia, West Virginia, North Carolina and South Carolina.
The Fifth, of Georgia, Florida, Alabama, Mississippi, Louisiana and Texas.
The Sixth, of Ohio, Michigan, Kentucky and Tennessee.
The Seventh, of Indiana, Illinois and Wisconsin.
The Eighth, of Minnesota, Iowa, Missouri, Kansas and Arkansas.
The Ninth, of California, Oregon and Nevada.
We have inserted both of these circuit arrangements, because one new State (Nebraska), has been admitted since the act passed. Others will soon come in, and very probably the old number of circuits and judges will be restored.
1. We come now to the lowest grade of United States courts, excepting the local courts in the District of Columbia, and the Territorial Courts. A United States District Court is held by a District Judge in every district. Every State constitutes at least one district, several of the larger States are divided into two, and some into three. There are at the present time fifty-nine Judicial Districts, and consequently the same number of District Judges, District Attorneys, District Clerks and Marshals. The Judges, Attorneys and Marshals are all appointed by the President and Senate; the Clerks by the respective courts.
2. By the law of 1789 every District Judge was required to hold four sessions a year, at such times and in such places as Congress directed. This is done to this day in a great majority of the States; but by later laws, in some of the districts only two or three sessions a year are required.
3. These courts have exclusive jurisdiction in all admiralty and maritime causes. These relate to maritime contracts, and to crimes against the laws of the United States, committed on the sea and on navigable lakes and rivers. It embraces in this country all contracts respecting vessels and navigation; such as chartering, repairing, and fitting them out, seamen’s wages, &c. They have in some cases concurrent jurisdiction with the Circuit Courts, as in cases of piracy, and exclusive cognizance of cases where seizures are made for a violation of the revenue laws, or laws relating to imports and navigation; and causes against consuls and vice consuls where the amount claimed does not exceed $100. In short, they have concurrent jurisdiction with the Circuit Courts, of all crimes against the laws of the United States, the punishment of which is not capital. The trial of issues of fact in all causes except civil causes of admiralty and maritime jurisdiction, must be by jury.
4. Appeals are taken from these courts to the Circuit Courts. The judges are appointed like those of the Supreme Court, for life, or during good behavior, and receive various amounts as salary, some more and some less, according to the amount of services to be performed in their respective districts.
5. When vessels are captured in time of war, either by the public armed vessels or by private armed ships, the facts and circumstances of the capture must be brought before a United States Circuit or District Court for adjudication; when the vessel and cargo are either condemned as a prize, or restored to their owners. When either of these courts adjudicate such cases, it is called a Prize Court.
We give the number of Judicial Districts in each State as they now exist, and the total number in all the States. They are as follows:
In ancient times—and long before this government existed—civilized and commercial nations had codes or laws which related especially to transactions upon the sea. Those respecting ships of war and warlike operations at sea were called the laws of Admiralty; those respecting vessels engaged in commercial affairs were called Maritime laws; and the courts empowered with jurisdiction to hear and try causes, or to take any judicial proceedings in those cases, were styled Courts of Admiralty and Maritime Jurisdiction. These laws, in many respects, differed so materially from the laws relating to affairs on land, that the authority and power to take proceedings in and adjudicate upon them was conferred upon a particular class of courts. Hence we see the origin of the names of such tribunals.
In this country the United States District Courts have beendesignated by the laws as the courts which shall have original and exclusive authority to adjudicate this class of causes; yet an appeal from the District to the Circuit Courts may be taken.
The word Maritime designates that which relates to the sea. Yet, in the United States, cases which come within Admiralty and Maritime jurisdiction are not restricted to the sea, or to transactions relating to business or crimes done on it, but are made to embrace those which occur on navigable lakes and rivers, and include seizures made for the violation of the laws of impost, navigation, or trade, suits for the recovery of seamen’s wages, contracts for building, repairing or fitting out vessels, and, briefly, all contracts where the subject-matter relates to the navigation of the sea. The District Courts have Admiralty and Maritime jurisdiction in all these cases, without regard to the amount claimed, and in criminal as well as in civil suits.
The foregoing remarks show the workings of our judicial system, as it applies to business done, and crimes committed upon the high seas.
1. This court was established by act of Congress in 1855. The law reads thus: “A court shall be established to be called the Court of Claims, to consist of three judges, to be appointed by the President and Senate, and to hold their offices during good behavior; and the said court shall hear and determine all claims founded upon any law of Congress, or upon any regulation of an Executive department, or upon any contract express or implied, with the government of the United States; which may be suggested to it by a petition filed therein; and also all claims which may be referred to said court by either house of Congress.â€
2. On the third of March, 1863, the jurisdiction of this court was enlarged, and two additional judges appointed (making five), from the whole number of which the President was authorized to appoint one a Chief Justice for said court.
3. The mode of commencing proceeding before this tribunal is by petition; in which the claimant must fully set forth his claim, how it arose, its amount, and the parties interested therein. After the case has been heard and determined, the court reports to Congress what its decision is, and if favorable to the claimant, a bill is passed for his relief.
4. It holds one session a year, in Washington, commencing on the first Monday in October, and continuing as long as the business before it requires. It not only tries claims against the government, but by its enlarged jurisdiction, conferred in 1863, it also tries counter claims and set-offs which the United States may have against the claimant. Appeals are taken from the Court of Claims to the Supreme Court of the United States, when the amount in controversy exceeds $3,000.
5. Before the establishment of this court, the only remedy persons having claims upon the government had, was by petitioning to Congress for relief; which experience proved to be a long, tedious, and expensive mode of obtaining their dues. The petition now goes to this court, where it is heard and adjudicated in the same form, and by the same rules of procedure which are observed in other courts; for Congress has conferred upon it all the powers commonly possessed by other courts of law. It also has a seal.
6. It has greatly facilitated the settlement of claims against the government, and has relieved Congress of a great amount of labor, which was urgently pressed upon it at every session.
7. In addition to the five judges, it has a Solicitor, an Assistant Solicitor, and a Deputy Solicitor, all of whom are appointed by the President and Senate; and are officers of the court, whose duty it is faithfully to defend the United States in all matters and claims before this court.
A bailiff, a clerk, a crier and messenger, all of whom are appointed by the court, make up the remaining officials.
The claimants stand in the relation of plaintiffs, and the government in that of defendant.
These officers are next in rank to the Judges of the Circuit and District Courts with which their duties are connected. Their relation to the government, in the class of cases that come before those courts, is the same as that of the Attorney General in the Supreme Court. They are its official legal counselors in all cases involving the interests of the General Government before the Circuit and District Courts in their several districts. They are appointed in the same manner; that is, nominated by the President, and confirmed by the Senate. It is their duty “to prosecute in such district all delinquents for crimes and offences cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned.†They are his clients, and he must enforce their rights, and defend them, in the same manner that any attorney protects and defends his client in any of the State courts. In case of necessity, he may appoint a substitute to act in his place. All fees over and above what he is allowed as compensation for his services, he must report and pay into the United States Treasury.
3. He must defend collectors of the customs and other revenue officers in his district, when suits are brought against them in their official capacity, and must report to the Solicitor of the Treasury the number of suits determined and pending in his district. And when prize cases have been determined, or are pending in the District Court of his district, he must report the state and condition of each case to the Secretary of the Navy.
District Attorneys are appointed for four years, but may be removed at the pleasure of the President. Their compensation depends on the amount of business to be done in their respective districts. When important ports of entry, such as New York or Boston, lie in their districts, their duties are very numerous, and they receive a corresponding compensation.
1. United States Marshals are the ministerial officers of the United States courts. Their duties and responsibilities are very similar, and nearly identical with the duties and responsibilities of sheriffs in the courts of the several States. They are appointed by the President and Senate, for a term of four years. They appoint their own deputies, and their compensation consists of fees instead of a salary; and depends entirely upon the amount of business they have to transact. There is a Marshal in every Judicial District in the United States, and there are fifty-nine of these districts in all. Every State forms at least one district, while the larger States are divided into two or three.
2. A District Court is held in every district; and it is the Marshal’s duty to attend the sittings of these courts, and also those of the United States Circuit Courts, when they happen to sit in his district. The Marshal for the District of Columbia must also attend the sittings of the Supreme Court, and execute its precepts. We have said that they are the ministerial officers of the United States courts; for it is their duty to serve all writs and precepts emanating from them, whether of a civil or criminal character; and to execute the judgments and decrees of these tribunals; and for this purpose they are authorized by law, (if necessary,) to command such assistance as they may need in the execution of their duties. Before they enter upon the duties of their office, they must be boundto the United States for the faithful performance of them, and must solemnly swear to do them, without malice or partiality; and that they will take only lawful fees. They are also held answerable for the delivery to their successors of all prisoners who may be in their custody at the time of their removal, or at the expiration of their term of office.
3. They also have the custody of all vessels and goods seized by any officer of the revenue. It is their duty also to summon, and to pay jurors and witnesses in behalf of any prisoner to be tried for a capital offense, under the laws of the United States. In the remarks made under the head “Census,†we stated that it was made the duty of the Marshals to superintend and direct the enumeration of the people; and to collect such statistical facts as the law requires. This they do through deputies, whom they appoint for that special purpose.
The United States Marshal is also required, on the first day of January and July of each year, to make a return of all the fees and emoluments of his office to the Secretary of the Interior; and if they amount to more than $6,000 per year, he must pay the surplus into the Treasury of the United States.
1. By turning to the fifth article of the amendments to the Constitution, you will find these words: “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.†This constitutional provision makes a Grand Jury a very important agent or instrumentality in the execution of the laws, and also a safeguard of the liberties and rights of the people. It secures every person from the expense and disgrace of a trial for infamous crimes, unless a Grand Jury of his countrymenshall find upon inquiry and investigation, that there are good reasons for believing that the person so charged has committed the alleged offense.
2. This provision not only protects those who are charged with these crimes against the laws of the United States, but those also who may be charged with such offenses against the laws of any State; for no State can arrest and try any person for a capital or infamous crime without these preliminary proceedings of a Grand Jury; and should it do so, the United States Supreme Court would set its laws aside, as contrary to the Constitution of the United States. Here we see that the government is just as careful to protect its citizens from injustice by hasty judicial proceedings as it is to punish them after a fair and impartial trial.
3. A Grand Jury, when called to take cognizance of violations of the laws of the United States, to find indictments against those who are charged with them, is summoned by a judge of a United States court in the circuit or district where the alleged crime has been perpetrated; and it must take notice of all crimes against the laws of the United States, which may be brought to its knowledge, within the circuit or district in which it sits. Hence, if ordered by a Circuit Judge, its powers extend over all those States which lie in that circuit. But when ordered by a District Judge, its powers extend only to that district in which it sits, and a district never embraces more than one State, and in many cases a State is divided into two or three districts.