The Government Class Book Part 35

Debt, national, at different periods, 114 Declaration of war, 231 Deeds and mortgages, 181-183 Delaware, const.i.tution of, 250 Delegate, defined, 27 Democracy, defined, 25, 26 Deposit fund, U.S., 80 Deposits in banks, 87 Depositary, responsibility of, 200 Descent of property, of intestates, 179, 180 Despotism, defined, 25 Devise of property, 177 Diplomacy, defined, 148 District of Columbia, power of congress over, 130 Dividends, defined, 86 Domestic relations, laws regulating, 171-177 Dower, defined, and right of, 183 Drunkards, contracts made by, when binding, 191 Dueling, defined, 219 Duties, imposts and excises, defined, 113 power of congress to lay, 113 of tunnage, states may not lay, 120 protective, by what authority laid, 116, 117

Eas.e.m.e.nt, defined, (see Right of Way,) 183 Education, provision for, &c., 79 Elections, time of, how conducted, &c., 32-35 by plurality, 34-35 by majority, 34-35 Electors, qualifications of, 29-31 (See also Synopsis of the State Const.i.tutions.) Electors of president and vice-president, how chosen, 140 Emba.s.sadors, ministers, &c, 144, 145 their appointment and duties, 144, 145 Emba.s.sadors, rights and powers of, 226, 227 Embezzlement, defined, 218 Envoys, (see Emba.s.sadors.) Escapes, persons aiding or permitting, punishable, 220 Excise, defined, and power to lay, 112, 113 Execution, issuing and collection of, in justices' courts, 67, 68 exemption from, 68 Executive department, state, 36, 48-50 of the United States, 138-142 officers of, their appointment and duties, 147-150 Executors, powers and duties of, 179 Ex post facto laws, pa.s.sage of, prohibited, 133,137

Factor or agent, powers and responsibilities of, 202, 203 False imprisonment, defined, 220 Federal, defined, 101 Fence-viewers, duties of, 58 Fee and fee-simple, defined, 182, 186 Felony, power of congress to define and punish, 128 Florida, const.i.tution of, 258 Forgery, defined, 218 Franchise, defined, 31 Franking privilege, to whom granted, 151 Fraudulent sales, a.s.signments, &c., 197, 200 Freedom of speech and of the press, guarantied, 163 Freehold, freeholder, defined, 31 Fugitives from justice, provision for the apprehension of, 157 from service, apprehension and return of, 157, 158 Fund, defined, 79 Funds, various kinds of, 79-81

Georgia, const.i.tution of, 257 Government, civil, defined, 17 different forms of, 23-26 division of powers of, 35-37 Governor and lieutenant-governor, election and duties of, 48-50 Graves, opening of, punishable, 219 Great Britain, government of, 28, 29 Habeas corpus, privilege of writ of, guarantied, 132 Hereditaments, corporeal and incorporeal, defined, 183 Highways, supervision and oversight of, 68 Homicide, various kinds of, defined, 217 Husband and wife, laws regulating the relation of, 171-174

Idiots and lunatics, contracts by, when binding, 190 Illinois, const.i.tution of, 272 Impeachment, trial of, 75 Imposts, duties, and excises, defined, 113 Incest, defined, 219 Incorporated companies, 61 Independence of the states declared, 97 Indiana, const.i.tution of, 270 Indians, power to regulate commerce with, 122 Indictments, how made, 77 Innkeepers, liability of, 201 Insurance companies, 89, 90 Insurrection and rebellion, defined, 90 Interest, and rates of, in the different states, 215 Intestates, descent of property of, 179, 180 Iowa, const.i.tution of, 276 Issue, joining of, in justices' courts, 65 Issues of fact and of law, defined, 71

Joining issue in justices' courts, 65 Judges, appointment of, in the states, 70 how removable, 76 (See also Synopsis of the State Const.i.tutions.) of the United States courts, appointment of, 144, 146 Judgment, rendering of, 65 concession and collection of, in justices' courts, 67, 68 Judicial department, state, 63-76 of the United States, 151-154 Jurisdiction, defined, 64 original and appellate, defined, 70 Juries in justices' courts, 66, 67 grand and pet.i.t, 71 Jury, right of trial by, secured, 66, 164, 165 Justices' courts, proceedings of, 64-70 Justices of the peace, jurisdiction of, 64

Kentucky, const.i.tution of, 268

Larceny, grand and pet.i.t, defined, 218 Law, defined, 16 common and statute, defined, 167 Laws necessity of, 22 man fitted for, 17 political, civil, munic.i.p.al, defined, 21, 22 manner of enacting, 43-48 Laws of nations, defined, 221, 223, 224 Leases, or estates for life, for years, at will, and by sufferance, rent, &c., 186-189 Legislatures, state, how formed, 37-40 meetings of, 40-43 organization and officers of, 41-43 Letters testamentary, and by whom issued, 179 of administration, and by whom issued, 179 Libel and slander, law concerning, 168, 169 Liberty, defined, 20, 167 of speech and of the press, secured, 163 of conscience, 19, 170 Lien, law concerning, 203, 205 Lieutenant-governor, duties of, 49 Lords, house of, 29 Louisiana, const.i.tution of, 262

Maiming, defined, 217 Maine, const.i.tution of, 239 Man, fitted for government and laws, 16, 17 Mandatary, responsibility of, 200 Manifest, defined, 121 Mankind, fitted for society, 15, 17 Manslaughter, defined, 217 Marque and reprisal, defined, 129 power to issue letters of, 129 states may not issue, 136 Marriage, law concerning, 171 Maryland, const.i.tution of, 252 Ma.s.sachusetts, const.i.tution of, 242 Masters, apprentices, and servants, 175-177 Mayor, election and duties of, 60 Michigan, const.i.tution of, 273 Militia, regulation of, 90-92 Ministers, public, their appointment and duties, 144, 145 privilege and powers of, 145, 227 Minors, rights and liabilities of, 175 Minnesota, const.i.tution of, 278 Mints of the United States, 125 Misdemeanors, defined, 64, 221 Mississippi, const.i.tution of, 260 Missouri, const.i.tution of, 265 Monarchy, defined, 24, 25 Money, power of congress to borrow, 114 power of congress to coin, 124 coining of, by states, prohibited, 136 how borrowed, 84 Moral, defined, 16 law, defined, 21 Mortgages, land, nature of, 182 chattel, 199 Murder, defined, 217

Nation and state, defined, 17 Nations, jurisdiction of, 225 rights and obligations of, 226-228 Naturalization, power to pa.s.s laws concerning, 122, 123 Navigation, regulation of, 119-121 acts of Great Britain, 99 Navy department, when established, 148 Negative, or veto, defined, 47 Neutral nations, rights and duties of, 228, 234-237 New Hamps.h.i.+re, const.i.tution of, 240 New Jersey, const.i.tution of, 247 New York, const.i.tution of, 245 New states, power of congress to admit, 158 Nonsuit, judgment of, 66 North Carolina, const.i.tution of, 255 Notaries public, duties of, 214 Notes, promissory, 207-212

Oaths of office, 161 test, forbidden, 161 Obligation of contracts, may not be impaired, 137 Obligations of nations, 225 Offenders, arrest of and examination, 69 Offenses against the law of nations, power to define, 128 Ohio, const.i.tution of, 269 Overseers of highways, duties of, 58 of poor, duties of, 58

Pardon and reprieve, power of, 49, 143 Parent and child, law concerning, 174, 175 Parliament, how formed, 29 Parol contracts, defined, 190 Partners.h.i.+p, law concerning, 205, 207 Pa.s.sports, defined, 120, 121 Patents and copy-rights, how secured, 126, 127 Patriarch, defined, 23 p.a.w.nee, liability of, 201 Peace, treaties of, 237, 238 Pennsylvania, const.i.tution of, 248 Pensions, military, 149 Perjury, defined, 219 Personal estate, defined, 77 Piracies and felonies, power of congress concerning, 128 Pleadings, in justices' courts, 65 Police courts and justices, 60 Policy, insurance, defined, 89 Political law, defined, 21, 27 power, by whom exercised, 29-31 Poll, defined, 32, 33 Poll-list, how and by whom kept, 32 Poll or capitation tax, 76, 77, 133 Polygamy, defined, 219 Poor, overseers of, their duties, 58 Postmaster-general, power and duties of, 149, 150 Postmasters, appointment and duties of, 149, 150 compensation of, 149, 150 Post-offices and post roads, power to establish, 126 Power of congress to lay and collect taxes, &c., 112-114 to borrow money, 114 to regulate commerce, 114-119 in relation to naturalization and bankruptcy, 122-124 to coin money, and regulate weights and measures, 124-125 to punish counterfeiting, 125 to establish post-offices, &c., 126 to secure patents and copy-rights, 126, 127 to define and punish piracies, felonies, &c., 128 to declare war, 128 to issue letters of marque and reprisal, 129 to provide for the national defense, generally, 129,130 to legislate over the District of Columbia, 130 to make all necessary and proper laws, 130, 131 Power of congress to declare punishment of treason, 155 to admit new states, 158 to dispose of and regulate territory and other public property, 159 Powers prohibited to congress, (see prohibitions on congress.) Premium, defined, 89 Prescription, right by, 183, 184 President and vice-president, how chosen, 139-141 President, powers and duties of, 143-147 vacancy in office, how filled, 142 power of, to fill vacancies, 146 Princ.i.p.al and agent, responsibility of, 202, 205 Printing, public, by whom and how done, 52 Privateering, in what cases authorized, 233, 234 Prizes in war, how disposed of, 234 Prohibition on congress-- to abolish the slave trade, 131, 132 to suspend habeas corpus, 132, 133 to pa.s.s bills of attainder, 133 to pa.s.s ex post facto laws, 133 in relation to taxation and commerce, 133, 134 to grant t.i.tles of n.o.bility, 135 Prohibition on the states-- to form treaties, alliances, &c., 135 to grant letters of marque and reprisal, 136 to coin money, 136 to emit bills of credit, 136 to make anything but coin a tender, 136 to impair the obligation of contracts, 137 to pa.s.s bills of attainder or ex post facto laws, 137 to grant t.i.tles of n.o.bility, 137 to lay duties, 137, 138 Promissory notes, rules concerning, 207-212 Protective duties, nature of described, 116, 117

Quarantine regulations, 121 Quorum, defined, 42

Rail-roads, by what authority and how made, 84, 85 Ratification of const.i.tution by states, 162 of treaties, 144 Ratio of representation in congress, how ascertained, &c., 105, 106 Real estate, defined, 77 of intestates, descent of, 179, 180 Rebellion, defined, 90, 91 Recognizance, defined, 69 Recorder or register, county, duties of, 55 Records, public, proving and effect of, 156, 157 Registry of vessels, 120 Religion, freedom in matters of, secured, 163 Representative, defined, 27, 28 Representatives, state, how apportioned and elected, 37-39 qualifications of, 40 Representatives in congress, how apportioned, 105 qualifications of, 104, 105 Reprieve and pardon, defined, and power to grant, 49, 143 Reprisals, power to make, forbidden to states, 136 Reprisals in war, 229, 230 Republic, defined, 26 Republican government, guarantied to the states, 159 Respondent, defined, 69 Revenue, defined, 80 national, how raised, 112-114 Revolution, causes of, 94-97 Rhode Island, const.i.tution of, 243 Rights and liberty, defined, 18-20 Rights of person and property, defined, 18, 19, 167 Right of property, how acquired, 16, 177 Right by prescription, 184-186 Right of way, law concerning, 183, 184 Right of waters, 183, 185 Right of search, 236 Riot, defined, and how suppressed, 220 Roads, (see Highways.) Robbery, defined, 218

School funds, schools, &c., 79-82 Sealer of weights and measures, duty of, 59 Secretary of state, of state government, 50 Secretary of state of the United States, duties of, 148 of the treasury, 148 of the interior, 149 of war, 149 of the navy, 149 Selectmen, duties of, 57 Senate, state, how const.i.tuted, 38-40 Senators and representatives, qualifications of, 40 (See State Const.i.tutions.) Senate of the United States, how formed, 108, 109 qualifications of members of, 111 vacancies in, how filled, 110, 111 Sergeant-at-arms, appointment and duties of, 42 Servants, rights and liabilities of, 176, 177 Sheriff and s.h.i.+re, origin of, 53, 54 powers and duties of, 55 Slander and libel, law concerning, 168, 169 Slave trade, not to be prohibited before 1808, 131, 132 declared piracy, 132 Society, civil, defined, 17 mankind fitted for, 15-17 South Carolina, const.i.tution of, 256 Sovereignty, defined, 24 Speaker of house and senate, 41 Specialty, defined, 283 Spies in war, 233 State and nation, defined, 17 State const.i.tutions, synopsis of, 239-280 State officers, executive, 50-52 State records, effect and proof of, 156, 157 State printer, appointment and business of, 52 Statute law, defined, 167 Stocks, public, defined, 84 Stratagems in war, 233 Subpna, nature and service of, 65 Summons, suits commenced by, 64-66 Superintendent of schools, duties of, 52, 81 Supervisors, board of, of whom composed, 54 of towns, duties of, 54, 57 of highways, duties of, 58 Surveyor of county, 56 Surveyor-general, duties of, 52 Swearing, profane, unlawful, 221 Synopsis of the state const.i.tutions, 239-280

Taxation, power of congress in relation to, 112-114 Taxes, a.s.sessment and collection of, 76-78 how apportioned among the states, 106-107 Tender, what lawful, 136 Tennessee, const.i.tution of, 266 Testament, (see Wills and Testaments.) Texas, const.i.tution of, 263 Theocracy, defined, and government of, 24 Town clerk, duties of, 57 Town officers, election and duties of, 56-59 Towns and towns.h.i.+ps, organization and powers of, 53, 56 Treason against states, defined, 217 power of congress concerning, 155, 156 attainder of, 155 Treasurer, of state, duties of, 51 of county, 54, 55 of towns, 58 Treaties, how and by whom made, 244 by states prohibited, 135 of peace, 237, 238 Treaty, defined, 144 Truces in war, 237 Trustees of towns.h.i.+ps, power and duties of, 57 Tunnage, duties, states prohibited to lay, 119, 120

Union, nature of the, 101-104 Usury, defined, and forfeiture in case of, 215

Vacancy, in legislature, how filled, 40 in United States senate, how filled, 110, 111 Venire issuing of, 67 Verdict, defined, and how rendered, 67 Vermont, const.i.tution of, 241 Vessels, registry, and measurement of, 120 Veto, defined, 47 Veto, in different states, (see State Const.i.tutions.) Villages, incorporation and government of, 61 Virginia, const.i.tution of, 253 Viva voce, voting by, 34 Voters, qualifications of, in different states, (see State Const.i.tutions.)

War, power of congress to declare, 128 offensive and defensive, 228, 231 causes and objects of, 228, 229 reprisals in, 229, 230 alliances in, 230, 231 how declared, 231 effect of, on the enemy's subjects, 232 stratagems in, 233 privateering and prizes, 233, 234 truces in, 237 Warrant, prosecution by, 69 Weights and measures, 59, 125 Wills and testaments, 177, 179 Wisconsin, const.i.tution of, 275

Questions

Chapter I.

--1. What is the natural state of mankind?

--2. What renders them mutually dependent? By what means are they enabled to supply their wants?

--3. Why should every man labor for himself?

--4. What comes from this arrangement?

--5. How are the rights of men secured to them?

--6. What is _law_?

--7. For what else than society are mankind fitted by nature? Define _moral_.

--8. What is implied in man's having a moral nature?

--9. What qualities or faculties in mankind fit them for government and law?

--10. What is a state or nation?

--11. What is the object of forming state a.s.sociations? What is meant by _civil government_?

Chapter II.

--2. Define the word _right_. May we do whatever we please?

--3. Why are rights called _natural_? Why _inalienable_? How may they be lost?

--4. What are _personal_ rights? Define rights of person and right of property. State the distinction between personal rights and the rights of person.

--5. Define _political_ rights. What particular rights are political?

--6. What are _civil_ rights?

--7. _Religious_ rights? What else are they called?

--8. Under what general term are the different rights embraced?

--9. What is _liberty_? Political, civil, and religious liberty?

--10. What is the difference between _right_ and _liberty_?

--11. What does this example further explain?

Chapter III.