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Book I.

Government and Law.

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UNITED STATES OF AMERICA.

as scrutin de liste. The Constitution enacts that "the Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States"; and further, that "no person except a naturalborn citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.' Executive.-The President is commander

Constitution and Government.-A Congress representing the thirteen original colonies declared their independence of Great Britain July 4, 1776, and thereafter each colony was known as a State. As a result of the war with Great Britain, the latter acknowledged the independence of the United States November 30, 1782, and September 3, 1783, a definitive treaty of peace was concluded at Paris. The government of the United States continued under the Congress provided by the Articles of Confederation until March 4, 1789, when a constitution, which had been adopted by representatives of the different States Sep-in-chief of the army and navy, and of the tember 17, 1787, went into effect. March 4, militia in the service of the Union. The Vice1789, then, is the date of the inception of the present constitutional government of the American Union.

Ten amendments were added to the original Constitution December 15, 1791; the eleventh amendment, January 8, 1798; the twelfth amendment, September 25, 1804; the thirteenth amendment, December 18, 1865; the fourteenth amendment, July 28, 1868; and the fifteenth amendment, March 30, 1870. Amendments proposed by the Congress must be adopted by three fourths of the States, acting through their legislatures.

In the table of States hereafter given, the date of the adoption of the original Constitution by each is stated, and also the dates of the admission of States subsequent to that time, there having been thirty-two States admitted since the adoption of the Constitution, the whole number of States now being forty-five.

By the Constitution, the government of the nation is intrusted to three separate departments, the Executive, the Legislative, and the Judicial. The executive power is vested in a President, who holds his office during the term of four years, and is elected, together with a Vice-President chosen for the same term, in the mode prescribed as follows: "Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the State may be entitled in the Congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector." The practice is that in every State the electors allotted to the State are chosen by direct vote of the citizens on a general ticket, on the system known in France

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President is ex officio President of the Senate ; and, in case of the death or resignation of the President, he becomes the President for the remainder of the term. The elections for President and Vice-President are at present held in all the States on the Tuesday next after the first Monday in November, every four years; and, on the 4th of March following, the new President-elect assumes office.

By a law approved January 19, 1886, in case of removal, death, resignation, or inability of both the President and Vice-President, the Secretary of State, and after him, in the order of the establishment of their departments, other members of the Cabinet, shall act as President until the disability of the President is removed, or a President shall be elected. On the death of a Vice-President the duties of the office fall to the President pro tempore of the Senate, who receives the salary of the Vice-President. The party in the majority usually elects a President pro tempore at the beginning of each term of Congress, or reorganization of the Senate, who acts as President of the Senate whenever the Vice-President is absent.

The administrative business of the Government is conducted by eight chief officers, or heads of Departments, denominated "Secretaries," who constitute what is popularly known as the "Cabinet," although there is no legal or constitutional provision for that designation. The Secretaries are chosen by the President, and commissioned by him after confirmation by the Senate. Each Secretary presides over his particular department, and acts under the immediate authority of the President. Each Secretary receives an annual salary of $8,000, and holds office during the pleasure of the President. The Departments,

in the chronological order of their establish- |partment, except the four Assistant Postment, and the duties, are as follows: masters-General, who are appointed by the President, by and with the advice and consent of the Senate; appoints all postmasters whose compensation does not exceed $1,000; makes postal treaties with foreign governments, by and with the advice and consent of the President, and directs the management of the do

Secretary of State.-The Department of State is charged with all duties appertaining to correspondence with public ministers, American consuls, and representatives of foreign powers : accredited to the United States, and with negotiations of whatever character relating to the foreign affairs of the nation. The Secre-mestic and foreign mail service. tary is accorded first rank among the members Secretary of the Navy. The Secretary of of the President's Cabinet. He is the custo- the Navy has the general superintendence of dian of treaties made with foreign states, and construction, manning, armament, equipment. of the laws of the United States. He grants and employment of vessels of war. The Secand issues passports, and exequaturs to foreign retary, Assistant Secretary, and the attachés consuls in the United States are issued under of what is known as the Secretary's office are his supervision. civilians, while the heads of all bureaus are navy officers.

Secretary of the Treasury. The Secretary of the Treasury is charged with the management Secretary of the Interior.- The duties of the of the national finances, and prepares plans Secretary of the Interior are varied; he is for the improvement of the revenue and the charged with the supervision of the public support of public credit. He controls the business relating to patents, pensions, public plans for public buildings; the coinage and lands, and surveys, Indians, education, railprinting of money; the collection of com- roads, the geological survey, the census, Inmercial statistics; the administration of the dian reservations, the Territories, the various Coast and Geodetic Survey, Life-Saving, Light-public parks, and certain hospitals and eleeHouse, Revenue-Cutter, Steamboat-Inspection, mosynary institutions in the District of Columand Marine Hospital branches of public ser- bia. vice, and annually submits to Congress estimates of probable revenues and disbursements of the Government.

Secretary of Agriculture. The Secretary of Agriculture is charged with the supervision of all public business relating to the agricultural Secretary of War. The Secretary of War industry, and he exercises advisory supervision performs all duties relating to the military over the agricultural experiment stations derivservice; he has supervision of the United ing support from the National Treasury; he States Military Academy at West Point, of also has control of the quarantine stations for the national cemeteries, and of all matters re-imported cattle, and of interstate quarantine lating to river and harbor improvements, the when rendered necessary by contagious cattle prevention of obstruction to navigation, and diseases. the establishment of harbor lines.

Legislative.—The whole legislative power The military bureaus of the War Depart- is vested by the Constitution in a Congress, ment constitute a part of the military estab-consisting of a Senate and House of Represenlishment, and have officers of the regular army tatives. The Senate consists of two members at their head, while the Secretary and his im- from each State, chosen by the State Legislamediate assistants are civilians as a rule. tures for six years. Senators must be not less Department of Justice. The Attorney-Gen- than thirty years of age; must have been eral represents the United States in matters citizens of the United States for nine years ; involving legal questions, and gives advice and and be residents in the States for which they opinion, when so required by the President or are chosen. Besides its legislative functions, by the heads of the Executive Departments, the Senate is intrusted with the power of ration questions of law arising in the administra-fying or rejecting all treaties made by the tion of their respective offices; he exercises a President with foreign powers, a two-thirds general superintendence and direction over majority of senators present being required United States attorneys and marshals in all for ratification. The Senate is also invested judicial districts in the States and Territories, with the power of confirming or rejecting all and provides special counsel for the United appointments to office made by the President, States whenever required by any department and its members constitute a High Court of of the Government. Impeachment. The judgment in the latter Postmaster-General.- The Postmaster-Gen-case extends only to removal from office and eral has the direction and management of the disqualification. The House of Representageneral postal business of the Government; tives has the sole power of impeachment. he appoints officers and employees of the De- The House of Representatives is composed

of members elected every second year by the sentatives from each State, and notifying the vote of citizens who, according to the laws of respective States of this action. Each State their respective States, are qualified to vote. will then rearrange its congressional districts In general such voters are all male citizens for the next election, which will take place over twenty-one years of age. Neither race in November, 1902, and the apportionment nor color affects the right of citizens. The then established in accordance with the next franchise is not absolutely universal; residence enumeration will hold for ten years. The for at least one year in most States (in Rhode apportionment at the various censuses has Island and Kentucky two years, in Michigan been as follows:and Maine three months) is necessary, in some States the payment of taxes, in others registration. On the other hand, many of

the Western States admit to the franchise unnaturalized persons who have formally declared their intention to become citizens. Untaxed Indians are excluded from the franchise, in most States convicts, in some States duelists and fraudulent voters; in Massachusetts voters are required to be able to read English, and in Mississippi and South Carolina there are also educational restrictions. Colorado, Idaho, Utah, and Wyoming admit women to the franchise on equal terms with men. The number of members to which each State is entitled is determined by the census taken every ten years. By the Apportionment Act consequent on the census of 1890, the number of representatives was 357, distributed as follows:

Alabama
Arkansas

Under

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APPORTION-
MENT

CENSUS

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According to the terms of the Constitution, representatives must not be less than twentyfive years of age, must have been citizens of the United States for seven years, and be residents in the States from which they are chosen. In addition to the representatives from the 2 States, the House admits a "delegate" from each organized Territory, who has the right 9 to speak on any subject and to make motions, 1 but not to vote. The delegates are elected in the same manner as the representatives.

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California

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New Jersey

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New York

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21

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Idaho

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Pennsylvania

30

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Rhode Island

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Each of the two houses of Congress is made 7 by the Constitution the "judge of the elections, returns, and qualifications of its own 13 members"; and each of the houses may, with the concurrence of two thirds, expel a member. The Congress of the United States has the power to propose alterations in the Constitu10 tion, by the 5th article of the same. 1 article orders that the Congress, whenever two 357 thirds of both houses shall deem it necessary, shall propose amendments to the Constitution, or, on the application of the Legislatures of two thirds of all the States, shall call a convention for proposing the amendments, which in either case shall be valid to all intents and purposes as part of the Constitution when ratified by the Legislatures of three fourths of the several States, or by conventions in three fourths thereof, as the one or other mode of ratification may be proposed by Congress.

On the basis of the last census there is one representative to every 173,900 inhabitants. The popular vote for President in 1896 was about 14,000,000, or nearly one in five of the entire population. In 1890 there were in the United States 16,940,311 males of voting age 21 years and over, including unnaturalized foreigners.

The next apportionment will be based upon the Federal census of 1900, the results of which census will be reported to the Congress assembling the first Monday in December of that year, the Congress passing an apportionment act providing the requisite number of repre

Slavery was abolished throughout the whole of the United States by the Thirteenth Amendment of the Constitution, adopted Dec. 18, 1865. The vast change in the political and social organization of the Republic made by

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this new fundamental law was completed by the fourteenth and fifteenth Amendments of the Constitution, adopted in 1868 and 1870, which gave to the former slaves all the rights and privileges of citizenship.

Under an act of Congress approved Jan. 20, 1874, the salary of a senator, representative, or delegate in Congress is $5,000 per annum with traveling expenses calculated at the rate venty cents per mile, by the most direct す of usual travel, and similar return, once *ch session of Congress. There is also nual allowance of $125 for stationery, or each member. The salary of the of the House of Representatives is, same Act of Congress, $8,000 per

annum.

No senator or representative can, during the time for which he is elected, be appointed to any civil office under authority of the United States which shall have been created or the emoluments of which shall have been increased during such time; and no person holding any office under the United States can be a member of either house during his continuance in office. No religious test is required as a qualification to ay office or public trust under the United States.

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The Vice-President of the United States, as before stated, is President of the Senate, but he has no vote unless there is a tie. The Senate has the sole power to try all impeachments, and it acts upon the nominations for appointment by the President; it also acts upon treaties submitted to it by the administration. The Senate may be called in extra session for these purposes by the President without the Congress being called together. All bills for raising revenue must originate in the House of Representatives, but the Senate may propose or concur with amendments to such bills, as on all other bills.

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Judiciary. The judicial system, like the executive and legislative systems, is dual. The Federal Government maintains courts for the trial of civil causes arising out of the admiralty, patent, banking, and other laws of the United States; of certain causes between citizens of different States; and of crimes against the United States. These crimes are few in number, and the criminal jurisdiction of United States courts is comparatively insignificant, extending only to piracy, murder on the high seas, offenses against the postal and revenue laws, and the like. Almost all offenses against the person and against property are dealt with by the State courts; also all civil causes where the parties are residents of the same State, and matters of probate, divorce, and bankruptcy.

The period usually termed "a Congress in legislative language continues for two years; as, for example, from noon, March 4, 1899, until March 4, 1901, at which latter time the In the separate States the lowest courts are terin of the representatives to the Fifty-sixth those held by Justices of the Peace, or, in Congress expires, and the term of the new towns and cities, by Police Judges. In the House of Representatives commences; but a counties courts of record are held, some by new Congress does not assemble, unless called local county officers, others by District or together by the President in special session, Circuit Judges, who go from county to county. until the first Monday in December following, In these courts there are usually the grand and and the organization of the House, that is, the petty jury. The highest court in each State election of the Speaker and other officers, takes is the Supreme Court, or Court of Final Applace on the first assembling, whether in special peal, with a Chief Justice and Associate session after the 4th of March of every second Judges. These judges are usually elected by year, as stated, or on the first Monday in De- the people, but sometimes appointed by the cember after its term begins. While the Governor, with or without the Senate or Counsessions of the Senate are held contemporane- cil; they usually hold office for terms of years, ously with those of the House, its organization but sometimes practically for life or during may continue from Congress to Congress.

There are usually two sessions of each Congress the first or long session, which may hold until adjourned by resolution of the two Houses, and the short session, which is the closing one, and which expires on the 4th of March every second year, the new Congress beginning its term the same day.

Neither house of Congress can adjourn for more than three days at any one time without the joint action of both. In case of a disagreement of the two houses as to adjournment, the President has the right to prorogue the Congress.

good behavior. Their salaries vary from $2,500 to $7,500.

Of the Federal Courts the lowest are those of the districts, of which there are about sixty, each State forming one or more districts. These courts may try any case of crime against the United States not punishable with death. Above these are nine Circuit Courts, each with a Circuit Judge, with or without the local District Judge; but one or two District Judges may by themselves hold a Circuit Court. The Circuit Court Judges appoint commissioners, whose duty it is to arrest, examine, and commit persons accused of crime against the

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