|
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strength in the past.
28. Who are citizens according to the Constitution? Is a woman a
citizen? Is a child a citizen? Are Indians citizens? Are foreigners
residing in this country citizens? Are children born abroad of
American parents citizens? Can one person be a citizen of two nations
at the same time, or of two states, or of two towns? Explain.
29. To what laws is an American vessel on the ocean subject?
30. Show how the interests and needs of the various sections of
the country present wide differences. Compare mining sections with
agricultural, and both with manufacturing; Pacific states with
Atlantic; Northern states with Southern. What need of mutual
consideration exists?
31. Name all the political divisions from the smallest to the greatest
in which you live. A Cambridge (Mass.) boy might, for example, say, "I
live in the third precinct of the first ward, in the first Middlesex
representative district, the third Middlesex senatorial district, the
third councillor district, and the fifth congressional district.
My city is Cambridge; my county, Middlesex, etc." Name the various
persons who represent you in these several districts.
32. May state and local officers exercise authority on United States
government territory, as, for example, within the limits of an arsenal
or a custom-house? May national government officers exercise authority
in states and towns?
33. What is a _sovereign_ state? Is New York a sovereign state?
the United States? the Dominion of Canada? Great Britain? Explain.
34. When sovereign nations disagree, how can a settlement be
effected? What is the best way to settle such a disagreement?
Illustrate from history the methods of negotiation, of arbitration,
and of war.
35. When two states of the Federal Union disagree, what solution of
the difficulty is possible?
* * * * *
BIBLIOGRAPHICAL NOTE.
THE FEDERAL UNION.--For the origin of our federal constitution, see
Bancroft's _History of the United States_, final edition, vol.
vi., N.Y., 1886; Curtis's _History of the Constitution_, 2 vols.,
N.Y., 1861, new edition, vol. i., 1889; and my _Critical Period of
American History_, Boston, 1888, with copious references in the
bibliographical note at the end. Once more we may refer advantageously
to _J.H.U. Studies_, II., v.-vi., H.C. Adams, _Taxation in
the United States_, 1789-1816; VIII, i.-ii., A.W. Small, _The
Beginnings of American Nationality_. See also Jameson's _Essays
in the Constitutional History of the United States in the Formative
Period_, 1775-1789, Boston, 1889, a very valuable book.
On the progress toward union during the colonial period, see especially
Frothingham's _Rise of the Republic of the United States_, Boston, 1872;
also Scott's _Development of Constitutional Liberty in the English
Colonies of America_, N.Y., 1882.
By far the ablest and most thorough book on the government of the
United States that has ever been published is Bryce's _American
Commonwealth_, 2 vols., London and N.Y., 1888. No American
citizen's education is properly completed until he has read the whole
of it carefully. In connection therewith, the work of Tocqueville,
_Democracy in America_, 2 vols., 6th ed., Boston, 1876, is
interesting. The Scotchman describes and discusses the American
commonwealth of to-day, the Frenchman that of sixty years ago. There
is an instructive difference in the methods of the two writers,
Tocqueville being inclined to draw deductions from ingenious
generalizations and to explain as natural results of democracy sundry
American characteristics that require a different explanation. His
great work is admirably reviewed and criticised by Bryce, in the
_J.H.U. Studies_, V., ix., _The Predictions of Hamilton and De
Tocqueville_.
The following manuals may be recommended: Thorpe, _The_
_Government of the People of the United States_, Phila., 1889;
Martin's _Text Book on Civil Government in the United States_,
N.Y. and Chicago, 1875 (written with special reference to
Massachusetts); Northam's _Manual of Civil Government_, Syracuse,
1887 (written with special reference to New York); Ford's _American
Citizen's Manual_, N.Y., 1887; Rupert's _Guide to the Study of
the History and the Constitution of the United States_, Boston,
1888; Andrews's _Manual of the Constitution of the United
States_, Cincinnati, 1874; Miss Dawes, _How we are Governed_,
Boston, 1888; Macy, _Our Government: How it Grew, What it Does, and
How it Does it_, Boston, 1887. The last is especially good, and
mingles narrative with exposition in an unusually interesting way.
Nordhoff's _Politics for Young Americans_, N.Y., 1887, is a book
that ought to be read by all young Americans for its robust and sound
political philosophy. It is suitable for boys and girls from twelve to
fifteen years old. C.F. Dole's _The Citizen and the Neighbour_,
Boston, 1887, is a suggestive and stimulating little book. For a
comparative survey of governmental institutions, ancient and modern,
see Woodrow Wilson's _The State: Elements of Historical and
Practical Politics_, Boston, 1889. An enormous mass of matter is
compressed into this volume, and, although it inevitably suffers
somewhat from extreme condensation, it is so treated as to be both
readable and instructive. The chapter on _The State and Federal
Governments of the United States_ has been published separately,
and makes a convenient little volume of 131 pages. Teachers should
find much help in MacAlister's _Syllabus of a Course of Elementary
Instruction in United States History and Civil Government_, Phila.,
1887.
The following books of the "English Citizen Series," published by
Macmillan & Co., may often be profitably consulted: M.D. Chalmers,
_Local Government_; H.D. Traill, _Central Government_; F.W. Maitland,
_Justice and Police_; Spencer Walpole, _The Electorate and the
Legislature_; A.J. Wilson, _The National Budget_; T.H. Farrer, _The
State in its Relations to Trade_; W.S. Jevons, _The State in its
Relations to Labour_. The works on the English Constitution by Stubbs,
Gneist, Taswell-Langmead, Freeman, and Bagehot are indispensable to a
thorough understanding of civil government in the United States: Stubbs,
_Constitutional History of England_, 3 vols., London, 1875-78; Gneist,
_History of the English Constitution_, 2d ed., 2 vols., London, 1889;
Taswell-Langmead, _English Constitutional History_, 3d ed., Boston,
1886; Freeman, _The Growth of the English Constitution_, London, 1872;
Bagehot, _The English Constitution_, revised ed., Boston, 1873. An
admirable book in this connection is Hannis Taylor's (of Alabama)
_Origin and Growth of the English Constitution_, Boston, 1889. In
connection with Bagehot's _English Constitution_ the student may
profitably read Woodrow Wilson's _Congressional Government_, Boston,
1885, and A.L. Lowell's _Essays in Government_, Boston, 1890. See also
Sir H. Maine, _Popular Government_, London, 1886; Sir G.C. Lewis on _The
Use and Abuse of Certain Political Terms_, London, 1832; _Methods of
Observation and Reasoning in Politics_, 2 vols., London, 1852; and
_Dialogue on the Best Form of Government_, London, 1863.
Among the most valuable books ever written on the proper sphere
and duties of civil government are Herbert Spencer's _Social
Statics_, London, 1851; _The Study of Sociology_, 9th ed.,
London, 1880; _The Man_ versus _The State_, London, 1884;
they are all reprinted by D. Appleton & Co., New York. The views
expressed in _Social Statics_ with regard to the tenure of land
are regarded as unsound by many who are otherwise in entire sympathy
with Mr. Spencer's views, and they are ably criticised in Bonham's
_Industrial Liberty_, N.Y., 1888. A book of great merit, which
ought to be reprinted as it is now not easy to obtain, is Toulmin
Smith's _Local Self-Government and Centralization_, London, 1851.
Its point of view is sufficiently indicated by the following admirable
pair of maxims (p. 12):--
LOCAL SELF-GOVERNMENT _is that system of Government under which the
greatest number of minds, knowing the most, and having the fullest
opportunities of knowing it, about the special matter in hand, and
having the greatest interest in its well-working, have the management
of it, or control over it._
CENTRALIZATION _is that system of government under which the
smallest number of minds, and those knowing the least, and having the
fewest opportunities of knowing it, about the special matter in
hand, and having the smallest interest in its well-working, have the
management of it, or control over it._
An immense amount of wretched misgovernment would be avoided if all
legislators and all voters would engrave these wholesome definitions
upon their minds. In connection with the books just mentioned much
detailed and valuable information may be found in the collections of
essays edited by J.W. Probyn, _Local Government and Taxation_ [in
various countries], London, 1875; _Local Government and Taxation
in the United_ _Kingdom_, London, 1882. See also R.T. Ely's
_Taxation in American States and Cities_, N.Y., 1889.
The most elaborate work on our political history is that of Hermann
von Holst, _Constitutional and Political History of the United
States_, translated from the German by J.J. Lalor, vols. i.-vi.
(1787-1859), Chicago, 1877-89. In spite of a somewhat too pronounced
partisan bias, its value is great. See also Schouler's _History
of the United States under the Constitution_, vols. i.-iv.
(1783-1847), new ed., N.Y., 1890. The most useful handbook, alike
for teachers and for pupils, is Alexander Johnston's _History of
American Politics_, 2d ed., N.Y., 1882. _The United States_,
N.Y., 1889, by the same author, is also excellent. Every school
should possess a copy of Lalor's _Cyclopaedia of Political Science,
Political Economy, and the Political History of the United States_,
3 vols., Chicago, 1882-84. The numerous articles in it relating to
American history are chiefly by Alexander Johnston, whose mastery of
his subject was simply unrivalled. His death in 1889, at the early age
of forty, must be regarded as a national calamity. For a manual of
constitutional law, Cooley's _General Principles of Constitutional
Law in the United States of America_, Boston, 1880, is to be
recommended. The reader may fitly supplement his general study of
civil government by the little book of E.P. Dole, _Talks about
Law: a Popular Statement of What our Law is and How it is to be
Administered_, Boston, 1887.
In connection with the political history, Stanwood's _History of
Presidential Elections_, 2d ed., Boston, 1888, will be found
useful. See also Lawton's _American Caucus System_, N.Y., 1885.
On the general subject of civil service reform, see Eaton's _Civil
Service in Great Britain: a History of Abuses and Reforms, and their
Bearing upon American Politics_, N.Y., 1880. Comstock's _Civil
Service in the United States_, N.Y., 1885, is a catalogue of
offices, with full account of civil service rules, examinations,
specimens of examination papers, etc.; also some of the state rules,
as in New York, Massachusetts, etc.
* * * * *
I would here call attention to some publications by the Directors
of the Old South Studies in History and Politics,--first, _The
Constitution of the United States, with Historical and Bibliographical
Notes and Outlines, for Study_, prepared by E.D. Mead (sold by
D.C. Heath and Co., Boston, for 25 cents); secondly, the _Old
South Leaflets_, furnished to schools and the trade by the same
publishers, at 5 cents a copy or $3.00 a hundred. These leaflets are
for the most part reprints of important original papers, furnished
with valuable historical and bibliographical notes. The eighteen
issued up to this time (July, 1890) are as follows: 1. The
Constitution of the United States; 2. The Articles of Confederation;
3. The Declaration of Independence; 4. Washington's Farewell Address;
5. Magna Charta; 6. Vane's "Healing Question;" 7. Charter of
Massachusetts Bay, 1629; 8. Fundamental Orders of Connecticut, 1639;
9. Franklin's Plan of Union, 1754; 10. Washington's Inaugurals;
11. Lincoln's Inaugurals and Emancipation Proclamation; 12. The
Federalist, Nos. 1 and 2; 13. The Ordinance of 1787; 14. The
Constitution of Ohio; 15. Washington's "Legacy"; 16. Washington's
Letter to Benjamin Harrison, Governor of Virginia, on the Opening of
Communication with the West; 17. Verrazano's Voyage, 1524; 18. Federal
Constitution of the Swiss Confederation.
Howard Preston's _Documents Illustrative of American History_,
N.Y., 1886, contains the following: First Virginia Charter, 1606;
Second Virginia Charter, 1609; Third Virginia Charter, 1612; Mayflower
Compact, 1620; Massachusetts Charter, 1629; Maryland Charter, 1632;
Fundamental Orders of Connecticut, 1639; New England Confederation,
1643; Connecticut Charter, 1662; Rhode Island Charter, 1663;
Pennsylvania Charter, 1681; Perm's Plan of Union, 1697; Georgia
Charter, 1732; Franklin's Plan of Union, 1754; Declaration of Rights,
1765; Declaration of Rights, 1774; Non-Importation Agreement, 1774;
Virginia Bill of Rights, 1776; Declaration of Independence, 1776;
Articles of Confederation, 1777; Treaty of Peace, 1783; Northwest
Ordinance, 1787; Constitution of the United States, 1787; Alien and
Sedition Laws, 1798; Virginia Resolutions, 1798; Kentucky Resolutions,
1798; Kentucky Resolutions, 1799; Nullification Ordinance, 1832;
Ordinance of Secession, 1860; South Carolina Declaration of
Independence, 1860; Emancipation Proclamation, 1863.
See also Poore's _Federal and State Constitutions, Colonial
Charters, and other Organic Laws of the United States_, 2 vols.,
Washington, 1877.
The series of essays entitled _The Federalist_, written by
Hamilton, Madison, and Jay, in 1787-88, while the ratification of the
Constitution was in question, will always remain indispensable as an
introduction to the thorough study of the principles upon which our
federal government is based. The most recent edition is by
H.C. Lodge, N.Y., 1888. For the systematic and elaborate study of the
Constitution, see Foster's _References to the Constitution of the
United States_, a little pamphlet of 50 pages published by the
"Society for Political Education," 330 Pearl St., New York, 1890,
price 25 cents. The student who should pursue to the end the line of
research marked out in this pamphlet ought thereby to become quite an
authority on the subject.
For very pleasant and profitable reading, in connection with the
formation and interpretation of the Constitution, and the political
history of our country from 1763 to 1850, we have the "American
Statesmen Series," edited by J.T. Morse, and published by Houghton,
Mifflin & Co., Boston, 1882-90: _Benjamin Franklin_, by J.T.
Morse; _Patrick Henry_, by M.C. Tyler; _Samuel Adams_, by
J.K. Hosmer; _George Washington_, by H.C. Lodge, 2 vols.;
_John Adams and Thomas Jefferson_, by J.T. Morse; _Alexander
Hamilton_, by H.C. Lodge; _Gouverneur Morris_, by T. Roosevelt;
_James Madison_, by S.H. Gay; _James Monroe_ by D.C. Gilman;
_Albert Gallatin_, by J.A. Stevens; _John Randolph_, by H.
Adams; _John Jay_, by G. Pellew; _John Marshall_, by A.B.
Magruder; _John Quincy Adams_, by J.T. Morse; _John C. Calhoun_,
by H. von Holst; _Andrew Jackson_, by W.G. Sumner; _Martin Van
Buren_, by E.M. Shepard; _Henry Clay_, by C. Schurz, 2 vols.;
_Daniel Webster_, by H.C. Lodge; _Thomas H, Benton_, by T. Roosevelt.
In connection with the questions on page 269 relating to tariff,
currency, etc., references to some works on political economy are
needed. The arguments in favour of protectionism are set forth in
Bowen's _American Political Economy_, last ed., N.Y., 1870;
the arguments in favour of free trade are set forth in Perry's
_Political Economy_, 19th ed., N.Y., 1887; and for an able and
impartial historical survey, Taussig's _Tariff History of the United
States_, N.Y., 1888, may be recommended. For a lucid view of
currency, see Jevons's _Money and the Mechanism of Exchange_,
N.Y., 1875.
A useful work on the Australian method of voting is Wigmore's _The
Australian Ballot System_, 2d ed., Boston, 1890.
In connection with some of the questions on page 271, the student may
profitably consult Woolsey's _International Law_, 5th ed., N.Y.,
1879. NOTE TO PAGE 226.
By the act of February 3, 1887, the second Monday in January is fixed
for the meeting of the electoral colleges in all the states. The
provisions relating to the first Wednesday in January are repealed.
The interval between the second Monday in January and the second
Wednesday in February remains available for the settlement of disputed
questions.
NOTE TO PAGE 250.
In order to relieve the supreme court of the United States, which
had come to be overburdened with business, a new court, with limited
appellate jurisdiction, called the _circuit court of appeals_,
was organized in 1892. It consists primarily of nine _appeal
judges_, one for each of the nine circuits. For any given circuit
the supreme court justice of the circuit, the appeal judge of the
circuit, and the circuit judge constitute the court of appeal.
APPENDIX A.
THE ARTICLES OF CONFEDERATION.
_Articles of Confederation and Perpetual Union between the States
of New Hampshire, Massachusetts Bay, Rhode Island and Providence
Plantations, Connecticut, New York, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, South Carolina, and
Georgia._
ARTICLE I.--The style of this Confederacy shall be, "The United States
of America."
ART. II.--Each State retains its sovereignty, freedom, and
independence, and every power, jurisdiction, and right, which is not
by this Confederation expressly delegated to the United States in
Congress assembled.
ART. III.--The said States hereby severally enter into a firm league
of friendship with each other, for their common defence, the security
of their liberties, and their mutual and general welfare, binding
themselves to assist each other against all force offered to, or
attacks made upon them, or any of them, on account of religion,
sovereignty, trade, or any other pretence whatever.
ART. IV.--The better to secure and perpetuate mutual friendship and
intercourse among the people of the different States in this Union,
the free inhabitants of each of these States, paupers, vagabonds, and
fugitives from justice excepted, shall be entitled to all privileges
and immunities of free citizens in the several States; and the people
of each State shall have free ingress and egress to and from any
other State, and shall enjoy therein all the privileges of trade and
commerce subject to the same duties, impositions, and restrictions as
the inhabitants thereof respectively; provided that such restrictions
shall not extend so far as to prevent the removal of property imported
into any State to any other State of which the owner is an inhabitant;
provided also, that no imposition, duties, or restriction
shall be laid by any State on the property of the United States or
either of them. If any person guilty of, or charged with, treason,
felony, or other high misdemeanour in any State shall flee from
justice and be found in any of the United States, he shall, upon
demand of the governor or executive power of the State from which he
fled, be delivered up and removed to the State having jurisdiction of
his offense. Full faith and credit shall be given in each of these
States to the records, acts, and judicial proceedings of the courts
and magistrates of every other State.
ART. V.--For the more convenient management of the general interests
of the United States, delegates shall be annually appointed in such
manner as the Legislature of each State shall direct, to meet in
Congress on the first Monday in November, in every year, with a power
reserved to each State to recall its delegates, or any of them, at
any time within the year, and to send others in their stead for the
remainder of the year. No State shall be represented in Congress by
less than two, nor by more than seven members; and no person shall be
capable of being a delegate for more than three years in any term
of six years; nor shall any person, being a delegate, be capable of
holding any office under the United States for which he, or another
for his benefit, receives any salary, fees, or emolument of any kind.
Each State shall maintain its own delegates in any meeting of the
States and while they act as members of the Committee of the States.
In determining questions in the United States, in Congress assembled,
each State shall have one vote. Freedom of speech and debate in
Congress shall not be impeached or questioned in any court or place
out of Congress; and the members of Congress shall be protected in
their persons from arrests and imprisonment during the time of their
going to and from, and attendance on, Congress, except for treason,
felony, or breach of the peace.
ART. VI.--No State, without the consent of the United States, in
Congress assembled, shall send any embassy to, or receive any embassy
from, or enter into any conference, agreement, alliance, or treaty
with any king, prince, or state; nor shall any person holding any
office of profit or trust under the United States, or any of them,
accept of any present, emolument, office, or title of any kind
whatever from any king, prince, or foreign state; nor shall the United
States, in Congress assembled, or any of them, grant any title of
nobility.
No two or more States shall enter into any treaty, confederation, or
alliance whatever between them, without the consent of the United
States, in Congress assembled, specifying accurately the purposes for
which the same is to be entered into, and how long it shall continue.
No State shall lay any imposts or duties which may interfere with
any stipulations in treaties entered into by the United States, in
Congress assembled, with any king, prince, or state, in pursuance of
any treaties already proposed by Congress to the courts of France and
Spain.
No vessel of war shall be kept up in time of peace by any State,
except such number only as shall be deemed necessary by the United
States, in Congress assembled, for the defence of such State or its
trade, nor shall any body of forces be kept up by any State in time
of peace, except such number only as, in the judgment of the United
States, in Congress assembled, shall be deemed requisite to garrison
the forts necessary for the defence of such State; but every State
shall always keep up a well-regulated and disciplined militia,
sufficiently armed and accoutered, and shall provide and constantly
have ready for use in public stores a due number of field-pieces and
tents, and a proper quantity of arms, ammunition, and camp equipage.
No State shall engage in any war without the consent of the United
States, in Congress assembled, unless such State be actually invaded
by enemies, or shall have received certain advice of a resolution
being formed by some nation of Indians to invade such State, and the
danger is so imminent as not to admit of a delay till the United
States, in Congress assembled, can be consulted; nor shall any State
grant commissions to any ships or vessels of war, nor letters of
marque or reprisal, except it be after a declaration of war by the
United States, in Congress assembled, and then only against the
kingdom or state, and the subjects thereof, against which war has been
so declared, and under such regulations as shall be established by the
United States, in Congress assembled, unless such State be infested
by pirates, in which case vessels of war may be fitted out for that
occasion, and kept so long as the danger shall continue, or until the
United States, in Congress assembled, shall determine otherwise.
ART. VII.--When land forces are raised by any State for the common
defence, all officers of or under the rank of Colonel shall be
appointed by the Legislature of each State respectively by whom such
forces shall be raised, or in such manner as such State shall direct,
and all vacancies shall be filled up by the State which first made the
appointment.
ART. VIII.--All charges of war, and all other expenses that shall be
incurred for the common defence, or general welfare, and allowed by
the United States, in Congress assembled, shall be defrayed out of
a common treasury, which shall be supplied by the several States in
proportion to the value of all land within each State, granted to,
or surveyed for, any person, as such land and the buildings and
improvements thereon shall be estimated, according to such mode as the
United States, in Congress assembled, shall, from time to time, direct
and appoint. The taxes for paying that proportion shall be laid and
levied by the authority and direction of the Legislatures of the
several States, within the time agreed upon by the United States, in
Congress assembled.
ART. IX.--The United States, in Congress assembled, shall have the
sole and exclusive right and power of determining on peace and war,
except in the cases mentioned in the sixth Article; of sending and
receiving ambassadors; entering into treaties and alliances, provided
that no treaty of commerce shall be made, whereby the legislative
power of the respective States shall be restrained from imposing such
imposts and duties on foreigners as their own people are subjected to,
or from prohibiting the exportation or importation of any species of
goods or commodities whatever; of establishing rules for deciding, in
all cases, what captures on land and water shall be legal, and in what
manner prizes taken by land or naval forces in the service of the
United States shall be divided or appropriated; of granting letters of
marque and reprisal in times of peace; appointing courts for the trial
of piracies and felonies committed on the high seas; and establishing
courts for receiving and determining finally appeals in all cases of
captures; provided that no member of Congress shall be appointed a
judge of any of the said courts.
The United States, in Congress assembled, shall also be the last
resort on appeal in all disputes and differences now subsisting,
or that hereafter may arise between two or more States concerning
boundary jurisdiction, or any other cause whatever; which authority
shall always be exercised in the manner following: Whenever the
legislative or executive authority, or lawful agent of any State in
controversy with another, shall present a petition to Congress,
stating the matter in question, and praying for a hearing, notice
thereof shall be given by order of Congress to the legislative or
executive authority of the other State in controversy, and a day
assigned for the appearance of the parties by their lawful agents,
who shall then be directed to appoint, by joint consent,
commissioners or judges to constitute a court for hearing and
determining the matter in question; but if they cannot agree, Congress
shall name three persons out of each of the United States, and from
the list of such persons each party shall alternately strike out
one, the petitioners beginning, until the number shall be reduced to
thirteen; and from that number not less than seven nor more than nine
names, as Congress shall direct, shall, in the presence of Congress,
be drawn out by lot; and the persons whose names shall be so drawn,
or any five of them, shall be commissioners or judges, to hear and
finally determine the controversy, so always as a major part of the
judges who shall hear the cause shall agree in the determination; and
if either party shall neglect to attend at the day appointed, without
showing reasons which Congress shall judge sufficient, or being
present, shall refuse to strike, the Congress shall proceed to
nominate three persons out of each State, and the secretary of
Congress shall strike in behalf of such party absent or refusing; and
the judgment and sentence of the court, to be appointed in the manner
before prescribed, shall be final and conclusive; and if any of the
parties shall refuse to submit to the authority of such court, or to
appear or defend their claim or cause, the court shall nevertheless
proceed to pronounce sentence or judgment, which shall in like manner
be final and decisive; the judgment or sentence and other proceedings
being in either case transmitted to Congress, and lodged among the
acts of Congress for the security of the parties concerned; provided,
that every commissioner, before he sits in judgment, shall take an
oath, to be administered by one of the judges of the supreme or
superior court of the State where the cause shall be tried, "well and
truly to hear and determine the matter in question, according to the
best of his judgment, without favour, affection, or hope of reward."
Provided, also, that no State shall be deprived of territory for the
benefit of the United States.
All controversies concerning the private right of soil claimed under
different grants of two or more States, whose jurisdictions, as they
may respect such lands, and the States which passed such grants are
adjusted, the said grants or either of them being at the same
time claimed to have originated antecedent to such settlement of
jurisdiction, shall, on the petition of either party to the Congress
of the United States, be finally determined, as near as may be, in the
same manner as is before prescribed for deciding disputes respecting
territorial jurisdiction between different States.
The United States, in Congress assembled, shall also have the sole and
exclusive right and power of regulating the alloy and value of coin
struck by their own authority, or by that of the respective States;
fixing the standard of weights and measures throughout the United
States; regulating the trade and managing all affairs with the
Indians, not members of any of the States; provided that the
legislative right of any State, within its own limits, be not
infringed or violated; establishing and regulating post-offices from
one State to another, throughout all the United States, and exacting
such postage on the papers passing through the same as may be
requisite to defray the expenses of the said office; appointing all
officers of the land forces in the service of the United States,
excepting regimental officers; appointing all the officers of the
naval forces, and commissioning all officers whatever in the service
of the United States; making rules for the government and regulation
of the said land and naval forces, and directing their operations.
The United States, in Congress assembled, shall have authority
to appoint a committee, to sit in the recess of Congress, to be
denominated "A Committee of the States," and to consist of one
delegate from each State, and to appoint such other committees and
civil officers as may be necessary for managing the general affairs
of the United States under their direction; to appoint one of their
number to preside; provided that no person be allowed to serve in the
office of president more than one year in any term of three years; to
ascertain the necessary sums of money to be raised for the service of
the United States, and to appropriate and apply the same for defraying
the public expenses; to borrow money or emit bills on the credit of
the United States, transmitting every half year to the respective
States an account of the sums of money so borrowed or emitted; to
build and equip a navy; to agree upon the number of land forces, and
to make requisitions from each State for its quota, in proportion to
the number of white inhabitants in such State, which requisition shall
be binding; and thereupon the Legislature of each State shall
appoint the regimental officers, raise the men, and clothe, arm, and
equip them in a soldier-like manner, at the expense of the United
States; and the officers and men so clothed, armed, and equipped shall
march to the place appointed, and within the time agreed on by the
United States, in Congress assembled; but if the United States, in
Congress assembled, shall, on consideration of circumstances, judge
proper that any State should not raise men, or should raise a smaller
number than its quota, and that any other State should raise a greater
number of men than the quota thereof, such extra number shall be
raised, officered, clothed, armed, and equipped in the same manner as
the quota of such State, unless the Legislature of such State shall
judge that such extra number cannot be safely spared out of the same,
in which case they shall raise, officer, clothe, arm, and equip as
many of such extra number as they judge can be safely spared, and the
officers and men so clothed, armed, and equipped shall march to the
place appointed, and within the time agreed on by the United States,
in Congress assembled.
The United States, in Congress assembled, shall never engage in a war,
nor grant letters of marque and reprisal in time of peace, nor enter
into any treaties or alliances, nor coin money, nor regulate the value
thereof, nor ascertain the sums and expenses necessary for the defense
and welfare of the United States, or any of them, nor emit hills,
nor borrow money on the credit of the United States, nor appropriate
money, nor agree upon the number of vessels of war to be built or
purchased, or the number of land or sea forces to be raised, nor
appoint a commander-in-chief of the army or navy, unless nine States
assent to the same, nor shall a question on any other point, except
for adjourning from day to day, be determined, unless by the votes of
a majority of the United States, in Congress assembled.
The Congress of the United States shall have power to adjourn to any
time within the year, and to any place within the United States, so
that no period of adjournment be for a longer duration than the space
of six months, and shall publish the journal of their proceedings
monthly, except such parts thereof relating to treaties, alliances, or
military operations as in their judgment require secrecy; and the yeas
and nays of the delegates of each State, ion any question, shall be
entered on the journal when it is desired by any delegate; and the
delegates of a State, or any of them, at his or their request, shall
be furnished with a transcript of the said journal except such parts
as are above excepted, to lay before the Legislatures of the several
States.
Art. X.--The Committee of the States, or any nine of them, shall be
authorized to execute, in the recess of Congress, such of the powers
of Congress as the United States, in Congress assembled, by the
consent of nine States, shall, from time to time, think expedient
to vest them with; provided that no power be delegated to the
said Committee, for the exercise of which, by the Articles of
Confederation, the voice of nine States in the Congress of the United
States assembled is requisite.
Art. XI.--Canada, acceding to this Confederation, and joining in the
measures of the United States, shall he admitted into, and entitled
to all the advantages of this Union; but no other colony shall be
admitted into the same, unless such admission be agreed to by nine
States.
Art. XII.--All bills of credit emitted, moneys borrowed, and debts
contracted by or under the authority of Congress, before the
assembling of the United States, in pursuance of the present
Confederation, shall be deemed and considered as a charge against the
United States, for payment and satisfaction whereof the said United
States and the public faith are hereby solemnly pledged.
Art. XIII.--Every State shall abide by the determinations of the
United States, in Congress assembled, on all questions which by
this Confederation are submitted to them. And the Articles of this
Confederation shall be inviolably observed by every State, and the
Union shall be perpetual; nor shall any alteration at any time
hereafter be made in any of them, unless such alteration be agreed to
in a Congress of the United States, and be afterwards confirmed by the
Legislatures of every State.
And whereas it hath pleased the great Governor of the world to incline
the hearts of the Legislatures we respectively represent in Congress
to approve of, and to authorize us to ratify, the said Articles of
Confederation and perpetual Union, know ye, that we, the undersigned
delegates, by virtue of the power and authority to us given for that
purpose, do, by these presents, in the name and in behalf of our
respective constituents, fully and entirely ratify and confirm each
and every of the said Articles of Confederation and perpetual Union,
and all and singular the matters and things therein contained. And
we do further solemnly plight and engage the faith of our respective
constituents, that they shall abide by the determinations of the
United States, in Congress assembled, on all questions which by the
said Confederation are submitted to them; and that the Articles
thereof shall be inviolably observed by the States we respectively
represent, and that the Union shall be perpetual.
In witness whereof we have hereunto set our hands in Congress. Done at
Philadelphia in the State of Pennsylvania the ninth day of July in the
year of our Lord one thousand seven hundred and seventy-eight, and in
the third year of the independence of America.
* * * * *
APPENDIX B.
THE CONSTITUTION OF THE UNITED STATES.
PREAMBLE.[1]
We, the people of the United States, in order to form a more perfect
union, establish justice, insure domestic tranquillity, provide for
the common defence, promote the general welfare, and secure the
blessings of liberty to ourselves and oar posterity, do ordain and
establish this Constitution for the United States of America.
ARTICLE I. LEGISLATIVE DEPARTMENT.[2]
[Footnote 1: Compare this Preamble with Confed. Art. I. and III.]
[Footnote 2: Compare Art. I. Sections i.-vii. with Confed. Art. V.]
_Section I. Congress in General._
All legislative powers herein granted shall be vested in a Congress
of the United States, which shall consist of a Senate and House of
Representatives.
_Section II. House of Representatives._
1. The House of Representatives shall be composed of members chosen
every second year by the people of the several States, and the
electors in each State shall have the qualifications requisite for
electors of the most numerous branch of the State legislature.
2. No person shall be a Representative who shall not have attained the
age of twenty-five years, and been seven years a citizen of the United
States, and who shall not, when elected, be an inhabitant of that
State in which he shall be chosen.
3. Representatives and direct taxes shall be apportioned among the
several States which may be included within this Union, according to
their respective numbers, which shall be determined by adding to the
whole number of free persons, including those bound to service for a
term of years, and excluding Indians not taxed, three fifths of all
other persons. The actual enumeration shall be made within three years
after the first meeting of the Congress of the United States, and
within every subsequent term of ten years, in such manner as they
shall by law direct. The number of Representatives shall not exceed
one for every thirty thousand, but each State shall have at least one
Representative; and until such enumeration shall be made, the State
of _New Hampshire_ shall be entitled to choose three, _Massachusetts_
eight, _Rhode Island_ and _Providence Plantations_ one, _Connecticut_
five, _New York_ six, _New Jersey_ four, _Pennsylvania_ eight, _Delaware_
one, _Maryland_ six, _Virginia_ ten, _North Carolina_ five, _South
Carolina_ five, and _Georgia_ three.
4. When vacancies happen in the representation from any State, the
executive authority thereof shall issue writs of election to fill such
vacancies.
5. The House of Representatives shall choose their Speaker and other
officers, and shall have the sole power of impeachment.
_Section III. Senate._
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