-NRLF

i
4??*C
University of California.
FROM THE LIBRARY OF

DR.
Professor
<f

FRANCIS LIEBER,
Law
in

History and

Columbia College,

New

York.

THE niFT O^

MICHAEL REESE,
Of San
Francisco.

1S73.
->*<]

in

2007

with funding from

Microsoft Corporation

http://www.archive.org/details/elementarycatechOOstanrich

ELEMENTARY CATECHISM
ON THE

CONSTITUTION

UNITED STATES.
FOR THE USE OF SCHOOLS.

BY ARTHUR

J.

STANSBURW

BOSTON:
HILLIARD, GRAY, LITTLE, AND WlLKfNS
1828.

^
<o

DISTRICT OF MASSACHUSETTS, TO WIT

District Clerk's Office.

3d day of November, A. D. 1827, year of the Independence of the United States of America^ Hilliord, Gray, Little, and Wilkins, of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit : u Elementary Catechism on the Constitution of the United States. For she Use of Schools. By Arthur J. Stansbury." In conformity to the act of the Congress of the United States, entitled u An act for the encouragement of learning, by securing the copies of maps, charts, ind books, to the authors and proprietors of such copies during the times (herein mentioned ;" and also to an act, entitled " An act supplementary to an act, entitled, An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned ? and extending the benefits thereof to the arts of designing, engraving, and etching historical and other
-aid in the fifty-second
*

BE IT REMEMBERED, that on the

prints."

JNO. W. DAVIS,
Clerk of the District fifffiassacliUsMs,

J.

B.

Russell, Printer.

PREFACE.

That a people living under a free government which they have themselves originated should be well acquainted with the instrument which
contains it, needs not to be proved. Were the system, indeed, very cumbrous and extensive,

funning into minute

tained in the

detail,

memory, even

and hard to be rethis would be no

pains should not be taken to it upon the mind simple, its features but when its principles are plain and obvious, and its brevity surpassing all example, it is certainly a most reprehensible negligence to remain in ignorance of it. Yet how small a portion of the citizens of thh:

good reason

why

understand and to imprint

Republic have even a tolerable acquaintance with their own Constitution ? It has appeared to the author of the following sheets thai this culpable want of acquaintance with what is of such deep interest to us all, is to be traced to the omission of an important part of what ought to be an American education, viz. the study of the civil institutions of our country. We prize them, it is true, and are quite enough in the habit of boasting about them would it
:

be well to teach their elements to those best inheritance they are ? The following work has been prepared with view to such an experiment. It is^w ritten expressly for the use of boys, and it has been
jjot

whose
t

the aim and effort of the writer to bring down the subject completely to a level with their caWhether he has sucpacity to understand it.

ly

He has purposeceeded the trial must show. avoided all abstruse questions, and has confined himself to a simple, common-sense exIt is very possible planation of each article. and some inaccuracies may be discovered should this be the case, they shall be carefully corrected, should the work be so far approved as to reach another edition. In the mean time he cannot but indulge the
;

hope, that in laying this altar of our country, he

acceptable service.

little

offering

upon the

has rendered her an

ELEMENTARY CATECHISM,

Question. In what country do you live ?

Answer. In the United States of America.

Q. Why is this country called the United States r A. Because it is made up of a number of States whicL
were once separate, but afterwards agreed
gether.
to unite to-

A.
all

Q. What do you mean by a State ? I mean any district of country whose people
under one government.

art

Q. Had then the different States which united gether, each a government of its own ?

to*

A. Yes

but they agreed to put themselves

all

unde*

one general government.

Q. Why did they do this ? A. Because it would promote their general welfare-. Q. Is some government necessary in every country I A. Certainly
Q. Cannot
selves
?
;

without

it

nobody would be
would be

safe

not

only our property, but our

all

lives

in danger.

the people of a country govern them-

A. If every man was perfectly virtuous, and knew what would be best for himself and others, they might.

But

this is far

from being the case

and therefore the

>

geople of every country are and must be governed

<,

How

is

this

done 1*

ei.

Laws

are
is

made which
punished.

all

must obey

whoever

disobeys them

Q. Who makes these laws ? A. They are made in different ways, under different In some countries a single man make* governments.
the laws according to his

own

pleasure.
?
:

Q. What

is

such a government called

A.

Despotism, or absolute monarchy

thus rules
is

and the

person

who

a Despot, or absolute monarch.

In other states a certain

to ancient or

number of persons belonging

wealthy families
is

make

the laws.
I

Q. What

such a government styled

oligarchy.

A. An Aristocracy or
the laws.

In other cases the people themselves meet to

make

This
state
in

is

called a pure Democracy.

all

Q.

must be very small where

the people

can meet

one assembly.
is

A. This form of government

city,

only suited to a small

or rather village, and can never take place in a state

of any extent.
the people, too
certain of their

One

other form remains

to

that

is,

where

numerous

meet, themselves, choose

called a

own number to meet for them. This is representative government, because those who meet represent all the rest. It is also called a reQ. Which of these ways of governing a nation
is

public.
the

best

A. The

last.

A country thus ruled

:

is

said to be free,

or to enjoy liberty

but where a single

all

man may make

what laws he pleases, and

the rest must obey him, the

people are no better than slaves.

Q.

Why

do they obey him

7
A. Because he has an army of
pays, and
soldiers

whom

fefc

who

force the people to obedience.

Q. Cannot they raise an army too, and resist him ? A. This has sometimes been done, and after much
bloodshed and confusion, the people have partially succeeded ; but they have more frequently failed, and then
they were more oppressed than before.

Q. A.

How
It is

is this

country governed

a Republic,

and

is

governed by persons

whom

the people choose from time to time to

(j>.

make

the laws.

Was

it

always a Republic
states

A* No.

The

were formerly Colonies,

Q. What do you mean by Colonies ? A. When a part of the people of a nation remove to some distant place, where they settle, but still continue
to

be governed by the nation from which they came out,

these
try

new

settlements are called Colonies, and the counis

which governs them

<j>.

called the mother country.

By
?

what nation were the American Colonies gov-

erned

A. By Great
settled
this

Britain.

Most of the people who

first

country

came

from England, Scotland or

Ireland, (which three countries

make up Great

Britain)

and long

after they

had

settled here, continued to

be gov-

erned by lawT s most of which were

made

in

England.

Q. Were these laws good and wise ? A. Many of them were ; and for a time the colonies were perhaps better off than if they had entirely governed themselves, because, though Great Britain did rule them, she also gave them protection by her fleets, and
did

many

things for their

advantage.

But afterwards

very unwise and unjust laws were made, and such as

threatened to destroy
all

liberty in the colonies.

8
Q. What did the colonies do then ? A. They made complaints, and reasoned
time
with Great Britain,

for a long

trying to persuade her to act

more justly. Q. Did Great Britain repeal those bad laws ?

A,

listen to their

complaints and

No

but

instead of that sent over ships and sol-

diers to force us to
<.

obey them.
colonies consulted with

And did we obey ? A. No the people of the

;

each

other what was to be done, and at length took up arms,

raised such armies as they could,

and though they had

few

soldiers,

no experienced

officers,

and but

little

mon-

ey, they carried

on a war
to lay

against

Great Britain, and having (with aid

power of from France) forced

the whole

two British armies

down

their

arms and surrender

themselves prisoners, they at length compelled Great

Britain to acknowledge their independence,

Q. What do you mean by that ? A. I mean that she was compelled to consent that all ihose colonies, which had before been governed by laws made for them by her, should after that have liberty to

make laws
A.

for themselves,

and obey her no more.

this

Q. When we

speak of
the

war, what do

we

call

it

We call

it

American Revolution.

Q. What do you mean by a Revolution ? A. A revolution means some great change of government ; and we ought ever to remember ours with ardent gratitude to
lasting

God

for so great a blessing,

and with

love and reverence for those good, wise, and

brave men,

who went through such dangers and

might be
free.

suffer-

ings that their country

<.

When

and where did the war of die revolution bevillages near

gin ?
JL.
in

At Lexington and Concord,

Boston

Massachusetts, on the 19th of April, 1775.

Q.
Jl.

How

long did the struggle continue

years.

More than seven

Q.
Jl.

When did it end ? On the 21st of January, 1783

when

a treaty was

signed at Paris acknowledging the independence of the

United States.

Q.
Jl.
first

Why

is

the 4th of July kept with such public reall

joicing through

parts of the United States ?

Because on the 4th of July 1776 the Colonies

$

declared themselves free and independent

from
in

that
all

day the independence of the country

it

is

reckoned

our public proceedings ; though

till

was not acknowledg-

ed by Great Britain

1783.

Q. What was the change produced by the Revolution ?

The

different Colonies

became each a
any way
it

free state,

having power to govern

proper.

itself in

should think

Q. Had not one

Jl.

state

any power over the other

None

at all

and

the several states might have recountries,

mained

entirely distinct

as

much

as

France

and Spain.

q. Did they? Having been led Jl. No.

each other
in the

to unite together to help

it

war, they soon began to find that

for
its

would be much better

all

each of them that they should

continue united in

farther prosecution,

and accord-

ingly they entered into an

agreement (which was called

10
a Confederation) in which they

made some laws which

this plan,

they

all

agreed to obey

but after their independence

was obtained, finding the defects of

a Convention
ing
all

they called

in

which they

laid a

complete plan for unit-

the states under one

called

General Government
Constitution.

this this

plan

is

The Federal

On

great plan, or Constitution the safety and

the United States does, under Almighty

happiness of

God, mainly deand betrays

all,

pend
ty
;

all

our laws are

made by
to
it

its

direction or authorihis
is

whoever goes contrary

injures

injures

country,

you, injures me, betrays us

and

deserving of the heaviest punishment.

contrary, loves and keeps
it

Whoever, on the

sacred,

is

his country's friend,

all

secures his

own

safety,

and farthers the happiness of

around him. Let every American learn, from his

years, to love, cherish and

earliest

obey the Constitution. With;

out this he can neither be a great or a good citizen

out this his

with

name

will

never be engraved with honor in

the pages of our history, nor transmitted, like that of

Washington, with praises and blessings

to a late posterity.

Q. You say
certain persons

that in a republic

the laws are

made by

whom

the

people choose

for that pur-

pose

who make the laws in our republic ? A. The laws which concern only one of the states are made by persons chosen by the people of that state, and who, when met, are called the Legislature, the General
:

Assembly, or the General Court, of that particular

state.

Those,

for instance,

who make laws which concern

those

only

the state of New York, are called the Legislature of the

state of

New York

who make laws which concern

only the state of Massachusetts, are called the General

Court of Massachusetts.

11

than one are

But laws which concern all the states or more states made by the Congress of the United

States.

Q. But if even the Congress itself should make a law which is contrary to the Constitution, must the people
obey
it

A. No.
(j>.

Who
No
:

is

to

determine whether any law

is

contrary

to the Constitution or no, the people themselves ?

A.

but certain persons

whom

they have appointthe United

ed, [called Judges of the

States.]

Supreme Court of

Q.
States

Do
all

the

members of the Congress of the United meet together in one assembly, when they
?

make
A.
which

the laws

No
is

they meet

in

two separate assemblies, one of

i

called

The

Senate, and the other

shall

called

The House of Representatives. Q. Who choose the persons who

f the House of Representatives
?

be members
because the

A. The people of
obeyed by
all

all

the different states

all

laws of Congress concern

the states, and must be

the people of this Republic.

?

Q. Have boys a right to choose them A. No boys are too young.

:

Q. Are any other persons A. Yes.

Q.

unfit ?

How is
?

it

determined

who may, and who may not

choose them

A.
to

By

the laws of each state.

Whoever
to

is

allowed
is

choose the members

of the Legislature of any state,

also allowed

by the Constitution

choose members of

12
the

House of Representatives of
states allow

the United States.-

Some

one

class of persons to

other states allow a different class

thinks best.

each
who

choose and
it

state acts as

This choice
is it

is

called an Election.

Q. A.
meet

How
On

conducted.

a day fixed before hand, and publicly known,

the people

who

are to choose, and

are called voters,

:

at certain places called the

Polls

here persons

sit

called Inspectors,

who have

certain boxes called ballot

boxes before them, and each person

who

votes puts into

a hole in the top of these boxes a piece of paper with the

names of
ed on
it.

the persons

whom

he chooses written or

print-

These pieces of paper are afterwards examined and counted by the Inspectors, who keep a written account of the names voted for, and the number of votes given by the people for each.

The
chosen.

persons having the greatest

number of
states,

votes are

There are some

slight differences in the

mode
the

of holding elections in the different

but

it is

same

in

every important particular.

times, places,

Q. Are the
elections fixed

and manner of holding these

?

by Congress
have, thus

A.
it

No They
:

far,

been

left to

be regulatfix

ed by each
thinks
fit.

state for itself, but

Congress

may

them

if

Q. Suppose a dispute should

election,
fairly

arise

concerning an

and one person

shall

declare that he has been

it,

chosen, while another denies

;

and

insists that

he
the

himself has been chosen

dispute?

who

has power to

settle

A.
the

dispute between

persons

who

claim a seat in

House of Representatives can be determined only by

13
the

House of Representatives
Such

a dispute between persons

claiming a seat in the Senate can be settled by the Senate only.

disputes frequently arise.

is

Q.

When

a person

chosen to be a

Member

of the
so
?

House of Representatives, how long does he continue A. For two years.

Q.

When

the two years have expired,

I

may

he be

chosen again

A. Yes.
Q. Suppose he dies before the time is out ? A. Another is chosen in his stead, for the rest of the
time.

Q.
sen a

How

old must a person be before he can be cho-

of the House of Representatives ? A. Twenty-five years old. Q. May a person be chosen who has just come into the United States, and who is a subject of some other country (that means, who is bound to obey the laws

Member

of some other country)

A. No.
in

Any

person, to be chosen a
either

Member

of our

House of Representatives, must

seven years before he
is

have been born

the United States, or must have been naturalized

chosen.
that

Q. Naturalized

What does
in
r

mean ?

A.
comes

person

who was born

is

another country and

to live in this,
till

United States

ow ned as a citizen of the he has lived among us a certain time

not

and then,

(after

knowing something of our laws and cusThis

toms), has taken a solemn oath to obey the government.

He

is

then admitted as a citizen of our republic.

14
is

called his naturalization ;

and when once naturalizall

ed,

he

is

allowed to choose the rulers, and do

other

things, the
<j>.

same

as

if

he had been born among

us.

May

the people of one State choose a person

who

is

an inhabitant of another State to be a

?

Member
is

of the

House of Representatives

A.
Q.
as

No

he must

live in the State

where he

chosen.

How many persons may be chosen

of the

by each State,
?
is

Members

House of Representatives

A. The number of Representatives of any State proportion to the number of people in that State.
tative

in

At

present every forty thousand people send one Represen;

but this has been, and

may

be, altered, with the

increase of the

number of

people.
large

Q. Some of the States have

living in

numbers of
;

slaves

them, and others have many Indians

in
;

are these

counted

making up the
three
fifths

forty thousand ?
is

A.

No
is

of the number of slaves

are counted as
if

allow-

ed, that

every

five slaves
:

they were

three free persons

is,

those Indians
for the
;

who pay

taxes, (that

who pay money

expenses of governing and

those

defending us) are counted

are not counted.

who do

not pay taxes

Q.

How

is

it

known what number of people each

to

State contains

A. Certain persons are appointed

and take a written
called a % census,
list
it

count the people

is

of them.

Such a counting

and

takes place once in every ten

years.

[In the year

in

1790 the United States contained

in

3,929,326;
and
in

1800, 5,309,758;

1810, 7,239,903;

1820, 9,638,166.]

15

Q.
tives

When
meet
to

the

Members of the House of Representamake the laws, are they all equal, or does

any one preside over them ? A. They choose one of their own number, whose
duty
it is

to preside

over them while they are met to do

business,

and

to see that they

in

proceed

in

a regular and

orderly

manner

doing their public duty.

He

is

call-

ed

their Speaker.

not one of their

They also choose a person who is own number to keep a written account,
done by them while assemis

from day
bled.

to day, of all that is

That

written account

called a Journal of the

House of Representatives, and

is

the person

who keeps

ft

called the

Clerk of the House*

They

also choose

another person

who

is

called their Sergeant-at-Arms^

and who may, when so ordered by the House, seize any

Member who
the
also
is

disobeys the rules, or

who

is

charged by
Keeper,

House with any crime, and imprison him.

choose another person as their

Door

They who

to take care that

no person be admitted

into the hall

where the Representatives are sitting, but such as are These several persons, thus chosen, permitted by law.
are called the Officers of the

House of Representatives,
of the

and remain

in office

two years.

Q.

Who choose the Members

Senate of the

United States ? A. The Legislature

tors for that State.

of each State chooses the Sena-

Q. A.
Q.

How many Senators may Two from each State.

When
a
citizen
is

there be

chosen by the Legislature of

16
his

own

State to be a

Member
If

of the Senate of the

?

United States,

how

long does he continue such

A. For
to

six years.

he dies before the expiration

is, if

of that time, or resigns his office, (that

it

he declares

be his wish not to be a Senator any longer) another

the Senators chosen at the

is

appointed in his place.

Q. Are

all

same timej
?

as

Members
A. No.

of the House of Representatives are

Only one

third

are chosen at once

is

years afterward another third

after that, another third,

chosen

and two
;

two
years

so that every two years one

third part of the Senators

go out of
if

office

but the

same

persons

may

again be chosen

the Legislatures
; if not,

who
they

chose them before wish to send them again

send others
in their place.

Q.

How

old

must a person be before he can be

?

chosen a Senator of the United States

A. Thirty years old.

Q. Can he be chosen
United States
?
.

if

he has not been born

in the

A. Yes,

if

he has become a
been a

citizen

by being natural-

ized, and has

citizen for nine years.

for

Q. Can a Senator

one State be chosen by the

?

Legislature of another State

A* No.
its

The

Legislature of each State must choose

its

own

Senators, from persons residing in

Q. Does

the Senate choose a Speaker, as the

?

own bounds. House

of Representatives does

A. No.

The

person

who

is

chosen by the people to

is

be Vice President, of the United States,

made, by the

17
Constitution, President of the Senate
like those of the
tives,
;

his

duties are

Speaker of the House of Representais

except that he

not obliged to keep order in de-

bate.

those of the
the

officers are the same in all respects, as House of Representatives, and are chosen by Senators in the same manner.

Their other

Q. Do the Senators ever A. Yes. When any civil

(that
is,

sit

as

Judges

officer of the
is

United States

not an officer of the army,)

guilty of a viola-

tion of his public duty,

he

is

accused, or charged, by

the

House of Representatives, and tried by the Senate, Such an accusation is called an Impeachment, Q. What do you mean by his being tried by the
Senate
?

A. The Senators take a solemn oath

them, and according
to that

that they will

carefully attend to the proof that shall be brought before

proof declare the accused

person innocent or guilty, as the case

may

be.

The

House of Representatives appoint some of their own Members to lay the proof before the Senate, and afterwards the accused person lays before them the proofs in his defence when both have been heard, the Mem;

bers of the Senate vote, that opinion

;

is,

each one declares

his

and

if

two

thirds of all the Senators

who

are
is

present declare the accused person to be guilty, he

adjudged guilty

if not,

he

is

declared not guilty.

Q. Cannot the Senate,

is,

in like

manner, impeach^ that

solemnly charge an officer before the House of Rep?

resentatives

A. No.

None can
2*

bring an impeachment but the

18

House of Representatives, and none can peachment but the Senate.

Q. What
officer of the
is

try

an im-

the consequence
to

if

the Senate declare an

?

United States

be guilty

A.

He may

be turned out of

office,

and prevented

from ever again holding any

profit,

office of honor, trust, or

under the United States government.

Q. May he be further punished ? A. Not by the Senate. He may afterwards be

before a Court of

tried

Law, and punished

in the

same man-

ner as any other criminal for offences against the law.

Q. May ever the President of the United States be thus impeached and punished ?
/2.

Yes. In

this free

and happy country no man

is

so
;

great as to be above the law.

to

The

laws are supreme

them

all

persons, from the President of the United

States to the poorest and the meanest beggar, must alike

submit.

This

is

our glory.

Let every youthful Ameri;

can exult that he has no master but the law

let

him

mark

the

things as

man who would change this happy state of the enemy of his country and above all let him
;

remember that as soon as he himself breaks the law, he becomes himself that enemy. Whoever violates the law helps to weaken its force, and, as far as he disobeys, but he who honors does what in him lies to destroy it
:

and obeys the law strengthens the law, and thereby helps
to preserve the

freedom and happiness of

it

his country.

In

some governments
;"

is

held that " the king can do no

wrong

here

but the constitution

we know no king but the law, no monarch we hold that every man may do
:

19

wrong
there

that the higher

that

he

is

in office, the

more reason
conduct
is

is

he be obliged he ought

to

answer
if

for his

and that as a great

criminal, so

officer,

treacherous,

a great

to

be made

to suffer a great

and

exemplary punishment. Q. A.

How
It

often does

Congress meet
at least, in

must meet once,

oftener
if

every year

but

may meet

necessary.

Q. Is any day fixed for its meeting ? A. Yes ; the first Monday in December

but

it

has

power

to

alter that to

some
it is

other fixed day.

said to

When

Congress ceases

to meet,
all

Adjourn.

members of the Senate, or all the members of the House of Representatives do not attend a meeting, can those who do attend make laws without them ? A. If more than one half are present, they have in most cases power to do whatever the whole number could have done. More than one half are called
Q. Suppose
the
si

Majority, less than one half are called a Minority.

as are necessary to

As many Quorum.

do business are called a

Q. Supposing
they do nothing
?

less than

one half should attend, can

A. Yes, they have power

compel them
this,
is,

to

send for the others and

to attend.

If they

do not choose
the next day
;

to

do

they have power to adjourn

till

(that

they
;)

may

separate after agreeing to meet the next

day

and so they
to

may

continue to do

till

Quorum

shall

be present

do business.

20
Q. Are there any fixed
Congress
?
is

rules for doing business in

A.
Q.
*#.

Certainly, every thing

done by

settled rules,

called Rules of Order.

Who

settles

what these rules

shall

be

The Rules
the

for the

Senate are made by the Sen-

ate

the Rules for the

made by

has power to

House of Representatives are House of Representatives. Each House alter its own Rules of Order ; or to suspend
to say, a particular rule
;

them, that

is

may be

disobeyed

for a certain time

after

which

it is

again in force.

Q. Suppose a Member refuses to attend, or behaves, when he does attend, in a disorderly manner ?

A.
Q.
is,

He may
May

be punished

in

any way the other

Mem?

bers think proper.

he be even expelled from the House

it

that

turned out of

A. Yes, but not

think he deserves

unless two thirds of

all

the

Members

it.

Q. You
sentatives
ihat

said that the

Clerk of the House of Repreall

keeps a written Journal of

;

that

is

done

in

House

is

a Journal kept in like manner by the

?

Secretary of the Senate

'A. Yes.

Q. Are these Journals published

and sold
Jl.
?
;

that

is,

printed

Yes

excepting such parts as either House of

think proper to keep secret for a time,
it.

Congress

may

when
<j>.

the public good requires

Do

Congress ever

sit in

secret ?

21

A. Yes.
which
it

Whenever they
be better

are engaged in business

will

for the public

for a time,
sit

they close their doors.

good to keep secret At other times they

into the gallery

in public,

and every body who can get

all

may
in

see and hear

that

is

done.

Q. Does the Journal shew how each Member voted

every case that came to be considered
?

A* No. But if one fifth of the Members present when any measure is proposed, require that the names of those who voted for and against it, be put down in
the Journal,
it

must be done.

Q. After Congress has met,

journ (that
is,

may

either

House ad-

cease to meet) for more than three days

at a time, without the

consent of the other House i

A. No.
Q.

Do

the two Houses, that

is,

the Senate and

House

of Representatives, meet in the same building?

A. Yes.
Q.

May
1
<

either

House remove

to

any other place

too.

A,
Q.

o,

not unless the other

House removes
?
is

Do Members

of Congress receive any thing for

doing the business of the public

A. Their chief and

serving their country
afford to leave their
;

best

reward

the honor of

but as

many

of them cannot

own

business so often and so long

in

without having the loss

some measure made up

shall

to

them, the Constitution says that they

be allowed a

compensation

to

be ascertained by law, and paid out of

the Treasury of the United States.

Q.

Who
the

fixes the rate of compensation, that

shall

is,

how

much

Members

have

22
A.
It is fixed by Congress. Q. Ought they to be allowed to fix their own wages ? A. It cannot be avoided the rate must be fixed by
;

law, and there

this

is

none who have power

to

make law

for

country but the Congress only.

Q.
seized

May Members
by a

of Congress be arrested, (that

is,

sheriff or constable) for debts they

?

owe,

while they are attending to their public duty

A. Their duty

is

of so

much
them

value to us
to

all

that the

Constitution will not allow

be arrested while goto

ing and returning from their

home

the place

where

Congress meets, nor while they are attending there, except

in

three cases.
are these
?

Q. What

A.
Q.

If they

have been guilty of treason, felony, or

a person guilty of treason ?

breach of the peace.

When

is

A.
(that

When
is,

he makes war against the United States

when he endeavors by force to overturn or to Government,) or when he helps or comforts others who are making war against them. [But this must be proved by at least two witnesses, who have The crime is both seen him do some act of treason. punished in any way Congress thinks fit and they have
resist the
;

determined that
Q. If
that
is,

it

shall

be punished by death.]

Members

of Congress while engaged in debate,

is

in

arguing about any law that

proposed

to

be

made,

shall sat

any thing offensive to another Member,

for
it

may he be sued
A.

by the other

in

a Court of

Law ?

No

(lest this

should destroy the freedom of de-

23
bate,

and make the Members afraid of speaking

their

thoughts with honesty and plainness in matters for the

public good,) a

Member
for

cannot be called to account

in

any other place

Congress.
Q.

any thing he says upon the

floor of

May Members

of Congress be appointed to any

?

civil office

under the United States

to

A. Not while they continue

be

Members ;
in

if

they

are appointed to any office and wish to accept the ap-

pointment, they must give up their seats nor can they be chosen
the office.

Congress

Members

again while they hold'

Q. Supposing Congress create any

is,

new

office, (that

appoint

some public duty

it

to

be done and allow the

person

who does

a compensation) or shall increase the

office,

pay before allowed for doing the duties of any

that is

already established,
this

may
in

any
to

Member

of the
?

Congress which did

be appointed

such office

A. No, not
chosen a
Q.

till

the whole time for which he was

shall

Member

have expired.

How

do Congress proceed

making the laws

whether

A.

A Member usually proposes that some other Memit

bers, called a Committee, shall consider

will

not be proper t

make

a law for

some

particular matter,

which he explains.
it

If a majority of the

Members

think

will be best to consider of the matter, they order cer-

tain

Members

to

do

so.

These Members, or Committee.

meet together, and having considered the proposal, determine whether it is proper to advise the Members of
the

House

to

make

a law respecting

it.

If they think

it

24
is
it

they put
will

down

in writing the

words of such a law

is

as

be best to make.

This writing

called a Bill.

They
state

then return to the House, and either in writing or

by word of mouth, declare what they have done, and

the reasons for
it.

Such a statement
Bill
is

is

called a

Committee's Report.

The
it

then

read twice.

The Member who

considered by
the Bill
is
all

first

proposed the matter

is

now

farther

proposes, (or Moves, as

the

called) that this Bill be

If this
is

Members.

agreed

to,

then

taken

under consideration.

Every
give rea-

Member
in
it,

has an opportunity to propose such altera cms

;

as he pleases

and every

Member may

sons

why such

a law ought or ought not to be

made.
is

If

any

alterations are

made, the

Bill as altered
;

written

over again and read a third time

deration,
it is it

when,

after full conto.

Passed, that
a law
?

is,

finally

agreed

Q. Is

now

A. By no means. The House is then sent to the

again considered, and,
ther altered.
It is

Bill

thus

passed by one

other House.

There

it

is

if

the

House

thinks proper,

is farit

then returned to the

House where

began.

If

this

House disapproves of
alterations

the alterations

made by the other, it House may give up the

give

sends the Bill back, that that

but

if

they will not

is

them up, then

;

a Committee of Conference

ap-

pointed

that

is,

certain

Members

are sent from each

House
into

to

meet together, and

try to bring the

will

matter
it;
is

such a form that both Houses

agree to

if

they succeed, and the Houses agree, the Bill

then

Engrossed, (that

is,

copied

in a fair

hand) on parchment,

25
and signed by the President and Secretary of the Senate,

and by the Speaker and Clerk of the House

of

Representatives.

Q.

Is

it

now
yet.

a law

A. Not

The

engrossed

Bill

is

then sent to the

;

President of the United States for his approbation

if
is

he approves Q. A.
which

it,

he signs and returns

it ;

the Bill then

called an act,

and becomes the law of the land.

he does not approve
it,

How
If

if

it

he does not approve

began

he must return the

Bill
in

together with his objections, in writing, to the

it
;

House

that

House must copy

they have done

the whole of

these objections into their Journal, and then consider the

Bill

once more.

When
shall

this,

if

two
they

thirds of that

House

agree to pass the

Bill,

must send
it,

it,

together with the President's objections to

to the other

House.

There
;

the Bill must, in like

if

manner, be re-considered

and
it

two thirds of

this
in

House
all

also agree to pass

it,

becomes a Law.
all

But

such cases, the names of

the

Members of each
must be put

House who voted for and down in the Journals.

against the Bill,

Q. Suppose the President of the United States should

neglect to sign and return a Bill sent to him by Congress
?

A.
days

If

he does not sign or return any Bill within tea

it

after

is

sent to him, (not counting Sundays)

in

it

becomes a Law, unless

ceased to
sit.

that time Congress

shall

have

Q.

Is not this a better

Country, than either of those

way of making the laws of we first considered ?

&

26
A.
wise
It is

hard to conceive

how

greater care could be

taken that no wicked, unjust, oppressive, hasty, or un-

Law

should pass.
is

There
such
it,

is full

time to consider
to

whatever
it,

proposed

fair
if

oppo rtunity
;

oppose
per-

if

wrong, and improve

imperfect

so

many

sons,
in

and from so wide a space of country must agree

it,

approving

that

it

is

scarcely possible
;

any thing
it is,

very injurious can be enacted

a different form of

or, at least, if

that

Government would have prevent-

ed

it.

Q. Are there not some evils which attend this mode I A. Nothing of human contrivance is wholly free from

some defect

or other
is

and,

in

time of war,

public danger

great,

and

it is

needful that
;

should act, not only wisely, but rapidly

tage

when the Government some disadvanput up

may be
this,

found to arise from so deliberate a method

of passing every with

Law.

But

it

is

far better to

than to lose the precious blessing of so free

and safe a

mode You have Q. Laws

is,

of Legislation.
said that

no Laws can be made

for the

United States, but by Congress; any

they please
?
is

may Congress make

by the Constitution

A, No.
that

Their power

limited

they have no power, but what the Constitution

It

says they have.

|he States,

must always be remembered, that

united to form the General
to

when they
full

Gov-

ernment, had

power

govern themselves

and that

they gave up only a part of their power, for the general

welfare.

Whatever power,

therefore,

is

not given by
still

the Constitution, to the General

Government,

be-

27
longs either to the State Governments, or to the people

of the United States.

Q. What power
tution ?

is

given to Congress, by the Consti-

A. Congress has power

It

to

do the following things

may "lay and

collect

Taxes, Duties, Imposts, and

different terms

Excises."

Q. What do you mean by these

What
A.

is

Tax ? Tax means

sum of money which

the people

are directed to pay, to support the Government, and de-

fence of the Country.

Q. What are Duties ? A. Duties are sums of money, which must be paid
by persons who bring goods of any kind from another
country, into the United States, and which are in proportion to the quantity or value of such goods.
It is
is

paid at certain places called Custom-houses, and

sent

from these

to the

Treasury of the United States.

Q. What are Imposts ? A, Imposts are sums of money which must be paid
to the

Government, by persons owning

vessels,

which

enter the harbors of the United States, in proportion

to

the size of the vessels.

An

Impost

is

a duty on

vessels.

Q. What are Excises ? A. Excises are sums of money which must be paid
to tRe

Government, by persons who make certain

United States,
in

arti-

cles within the

fitv

proportion to the quail-

or value of the articles manufactured.

28
< What do you mean by laying these, and what by collecting them ?

A. Laying a Tax, he.

hall

is

determining
is

how much

it

be

and collecting a Tax, &c.

it.

obliging the peo-

ple to

pay

Q. Could any Government long power ?

exist without

this

A. No.

Every Government must have

large

sums
is

of money, to use for the public good, and this

the

proper way of getting

it.

<. Ought the people to complain of having to pay Taxes and Duties ? A. Certainly not because they all receive the beneIf nobody would pay Taxes, nobody could be defit. fended by armies, fleets, or forts ; nobody could be paid
;
.

for

making or
should

for executing the laws

the whole coun;

try

would soon be without law,

all

safety, or order

and

we
i

be miserable.
its

Whoever,
does
like

therefore, cheats

he Government of

duties,

in reality

cheat himhis

self

and

his neighbor,

and acts

the

enemy of

country.

Q. May one part of the United States be required to pay at a greater rate than the rest ? A. No ; " all Duties, Imposts, and Excises must be
uniform throughout the United States."

Q. What other power has Congress ? A. "To borrow money on the credit of
States ?"

the United

*
that expression,

Q. What do you mean by

.

"on

the

redit of the

United States ?"

29
A. It means that the people of the United States bound to pay whatever money Congress borrows for [Such money is called a Loan ; and whotheir use.
are

ever lends

it

to the

per, acknowledging that such a

Government, receives a printed pasum has been lent, and

promising to pay a smaller

the use of
it.

sum

yearly, as Interest for

Such

printed certificates are called Stock;

they

may

article, and whoever holds them when the interest becomes due, may demand, and must receive, it. If the

be bought and sold the same as any other

printed paper promises to pay six dollars a year for

every hundred dollars borrowed,

States six per cent Stock ;"
dollars a
if it

it

is

called

"United
called

promises to pay four

it

year for every hundred, then " United States four per cent Stock."]

is

Q. What other power does Congress possess ? A, It may make rules according to which the Commerce of the citizens of the United States with other
nations (that
for
is

the

exchange of our goods

vessels

for theirs, or

money, by means of
be carried on
;

or other conveyances)
the

shall

also

the

commerce of one of

states with another,

and that of the different

states, or

of

[Some persons believe that the power to regulate Commerce among the several states includes the power to mak^ Roads and
States, with the Indian tribes.

the United

Canals from one

state to

another

others deny this.]

to

Q. What
Constitution

is

the next

power given

Congress by the

A. You
ization,

recollect

what was before

said about natural-

which means the admitting of a foreigner (that

3*

30
is,

a native of

some other country)

:

to

of the United States

Congress
to
It

become a
this

citizen

has power to

make
be

one
form

uniform

rule

according

which

shall

done throughout the country.

may

Laws

for the

whole Union on the

make unisubject o{ Bankalso

ruptcy.

Q. What A. When
pay
situation

is

bankruptcy

man
he
is

has not

money

or goods

enough

to

his debts,
is

a Bankrupt ; and the being in that

Bankruptcy.
to

The

object of
to give

Laws on
up
all

this

subject

is

compel such a man

he has

got to the people he owes, and to fix the terms on which

he

may be set free from the debts he cannot pay. Q. What else may Congress do ? A. It may coin money that is it may mark or stamp certain pieces of metal in a way which shall make them pass, in buying and selling, at a set value. It may also
;

fix

what

shall
in

be the value of coin

that has
it

been marked
is

or

stamped

any other country, when

It

used

in the

United

States.

may

likewise

declare one uniform

size for the weights

and measures used throughout our

country.

Q. May any persons who please coin money ? A. No, none but those employed to do so by Congress ; (they work at a place called the mint.)
Q. If any other person name, or shall stamp it so
allowed to pass as
shall

coin

money

in his

own
at

as to resemble that coined

the mint, or that which, though coined in other countries,

is
i;

Current coin,")

money in the United may he be punished ?

States, (called

31

A. Yes

it is

a crime, called counterfeiting

',

and may

he punished

in

any manner Congress

shall appoint.

Q. Suppose they counterfeit not the money of the

United States, but the stock issued by Government
?

A. They are punished the same as if they had counterfeited money. Q. What other power belongs to Congress ? A. They may " establish Post Offices and Post
Roads."

q. What is a Post Office ? A. A place where Letters

the
States, are received

carried from one

part of

country to another, at the expense of the United

and delivered.
Post

Q. And what

is

Road

A.

road on which the bag containing these

is

letters

(called the mail,)

carried.

What is meant by establishing these ? A. Making a law which directs where the Post Offices shall be, and by what roads the mail shall be carried.

Some

persons say that

it

includes

power

to

erect buildings for post offices, and to

make

roads where

they are wanted

others deny

this.

Q. Has Congress any farther powers ? A. It may grant what are termed Patent Rights and Copy Rights. Q. What does this mean ? A. When a person has found out some new and useful contrivance, Congress may give him an exclusive right to make and sell what he has contrived, for a cerduring that time nobody else tain number of years
;

may make or sell that article without leave from the man who contrived it, and if they do they are liable to be
punished.
writes a

This

is

called

a Patent Right.

Whoever
to print

book may
it

also

have the exclusive right

time
;

and

sell

for a certain

this

is

called a

Copy

Right.

directing that a

Q. Can Congress erect Courts ? that is, make a Law Judge shall sit at certain places, at cer-

tain times, before

whom Causes
appoint as
all

or Criminals shall be

tried ?

A.
fit ;

Yes,

it

may

many Courts

as

it

thinks

but they must

be inferior to the great Court of

the country, called the

States.

Supreme Court of
that
is,

the

United

Q. Can it punish Piracy ?

at

robbery committed

sea

?
all

A. Yes, and

other crimes committed there

it

can

also punish offences against the

law of nations. What do you mean by " the law of nations" ? Q. A. I mean those rules which are agreed upon among
nations (except those

all

who

are savages) to regulate

their

conduct towards each other.

Q. Has Congress any other power ? A. Yes, it has one most solemn and important power,
the

power of Declaring War between the United States

and any other nation.

Q.
to

When
at

Congress has declared the United States

particular country, can

be

war with any

any of the

citizens of the United States remain at peace with that

nation

33

A* No
love

however much they may

dislike the war, or

the

nation against
it,

whom
by
their

it is

declared,

all

must,

when

required, aid in
it

money

or their services,
If

and bring

as soon as possible to a successful end.

they attempt to aid the enemy, or forcibly hinder the

success of the war, they commit treason.

Q.
go

When

the United States have cause of complaint

against another nation,

to war, is there

and yet do not wish

at

once to
to

any other measure they can take

compel

that nation to

A. Yes.

do them justice ? Congress may " issue Letters of Marque,

and Reprisal."

Q. What are they ? A, They are certain public

chants of the United States,

letters

directed to merinjured,

who have been

and

have been refused redress, permitting them forcibly to

take vessels belonging to the offending nation, sufficient
to

make up

the loss

but this must be done only accord-

ing to certain Rules, fixed by Congress.

raise

Q. You say Congress may declare War ; can they Armies ; that is, can they hire soldiers to fight fox
?
;

the country

A. They can

and pay, clothe, and feed them,

at

the public expense.

at

one time,
?

Q. Can they make a law, setting apart money enough to pay and support the army for more than
at

two years

A. No, not

one time

lest

wicked Congress

might, by keeping up an army, remain in power beyond

the time for which they were chosen, and so destroy the
liberty

of their country.

34
was the time limited (. A. Because every two years
be chosen.

Why

to

two years

new Congress may

Q. Can Congress
tain a

in like

manner, provide and mainships of

Navy
;

that

is,

buy or build
to

war

and
?

hire, clothe,

and feed men

to navigate

and

fight

them

A. Yes Navy.

and make Rules

govern both

Army

and

Q. Has the Country no other defence

but hired soldiers
?

to

depend upon

A. Yes,
age
to

the people themselves,

who

are of a proper

bear the fatigues and hardships of War, are

obliged to bear arms and

defend their Country when

need requires

they are called the Militia.

Q. A.

When may When they

they be called out, to do

this ?
;

are wanted, to enforce the laws

to

overcome any of

their fellow citizens,

who

are so foolish

and wicked as to rebel against our free and excellent

form of government
;

or to
is,

meet and drive out an enemy

any part of our

who

invades;

that

forcibly enters

Country.

Q. But

as the great

mass of the people are ignorant

is

of the art of War,

how

this to

be done

A. Congress has power to provide for their being taught, by collecting and arranging them in companies, and regiments, under their own officers supplying them \ with arms, and causing them to be properly exercised
;

in their use.

Q.

May

Congress
their

commanded by

command them, or are they own State Governments ?

to

be

35

A. The President may command so many of them employed in the service of the United States, the rest are commanded by the States.
as are

Q. Who appoints the Officers of the Militia ? A. The State Governments ; they also train, that is, exercise and instruct the men ; but this must be done
according to Rules fixed by Congress.

Q. Have you mentioned all the powers of Congress ? A. No ; they have power to make all the Laws for a certain District, not more than ten miles square, where Congress meets, and where the Chief Officers of Government
ment.
Q.
reside.

This

is

called

the Seat of Govern-

Has

this District
?

no Legislature of

its

own

choice,

as the States have

A. No.
Q.
Is
it

a part of any State

It

A. No.

consists

of territory, which

the States
it

have given up, for the express purpose that

the seat of the General Government.
at

might be
territory

The

present used for

this

purpose,

is

called the District

of Columbia; and has been ceded, (that is, given up) by the States of Maryland and Virginia, within which it
before lay.

Q. Is there any other place

in

the United
?
is,

States,

which

is

thus ruled by Congress alone

A. Yes
powder

all

Forts, Magazines, (that

places where
are laid up)

and other things used by an

is,

army

Arsenals, (that

buildings
is,

where arms are kept) and

Dock-yards

(that

places where vessels of war are

36
built)

which belong

to the

United States, are governed,

in

Dot

by the Legislatures of the States

which they

may

be, but

by the General Government alone.

other

Q.

What

pow er
T

is

conferred by the Constitution

?

upon the Congress of the United States

A.
into

very large and general authority, " to

make

all

laws which shall be necessary and proper for carrying

execution the foregoing powers," (that is, all the powers of which we have been speaking) " and all other
in

powers vested by the Constitution

thereof."
says, that

the

Government

of the United States, or in any department or officer

Thus,

for

example, when the Constitution

coin

Congress
to

gress

power

may make all

shall

money,

that gives

Con-

the laws necessary to deter-

be markhow they be made what weight what where they be be made what be erected purpose how many persons be employed what duty be what pay they what account they they keep what

mine what the coin

ed

be

shall

of what metal they shall be

shall

shall

their
shall

their

value

buildings shall
shall

for the

their

shall

shall

receive

shall

security
if

shall give,

and how they

duty.
It is

shall

be punished

they neglect their

{he

the Constitution
different laws,

same with every other power given by if its execution requires a hundred ;

Congress

may

pass them
is,

all.

Q.

May

slaves be imported, that

?

brought into the

United States
j1.

No, whoever engages

in the slave
is,

trade

is

a pirate.

Q.

work

by

May

slaves be held, that

citizens of the

owned, and made

?

to

United States

37

A. Yes.
Q.
If they escape

from one State into another,

riciay

the State into which they flee set

them

at liberty ?

A. No.
Q. Suppose any American
in prison,

citizen

is

seized and put

may he be kept
fit ?

there as long as those

who

seized him think

A.

No

he may get a writ of Habeas Corpus.

jailor

Q. What is that? A. It is a command from Court, by which the

is

forced to allow the prisoner to be brought up before a

in prison
is

Judge, that the cause of his being put

may be
to

examined

into

in

order, that

if

there

no law

keep

him there, he may immediately be

set at liberty.
it is

Q. Must
plied for
?

this

command

be given whenever

ap-

A. Yes, except
is

at certain times,
is,

when

this

privilege

suspended; (that

interrupted for a time, but not

taken away).

Q.

When may

this right

of having a writ of Habeas

Corpus, which belongs by the Constitution to every

citizen,

be suspended
in cases

A. Only
danger
prison,
is

of rebellion by our

invasion of the country

by an enemy

own citizens, or when the public

As soon Habeas Cor-

so great as to require persons to be kept i*

who might

otherwise be set at liberty.

is

as this

extreme danger

past, the right of

pus must be immediately

Q.
ought
Is this a
all

restored.

very great and important privilege, and

to

Americans

guard

it

with the greatest care ?

38

A.
if

It is

one of the greatest rights of a freeman

it,

and

Americans must never surrender

under any pretext,

they value and would preserve their liberty.

Q.

May
?

a man's children be punished by law for his

ffenee

A.
a law

In

some

countries,
is,

where

man

has been guilty

of treason, (that
is

making war against the Government)

bill

passed called a
are

of attainder, by which his

children

prevented from being, heirs to him or to

;

any other person

countries
is

and,

if

he belonged
his

to

what

in

those

called

the nobility, and

it

children would
;

have belonged to

too, they are prevented

nor can

they nor their children, nor their children's children, re-

cover

this privilege,

till

an act

is

passed for that purpose.

No

such law can be

made

in this

country

it is

express-

ly forbidden

by (he Constitution.
a citizen of the United

Q. May

States be punished

for doing what,

when he

did

it,

was not forbidden by any

6

law, but against which a law

was passed afterwards

to punish
is

A. No.

law that attempts

actions that

were done before the law was made,

postfacto law."
the Constitution.

called an

" ex-

This also

is

expressly forbidden by

Q.

When

a direct tax

rder that a certain

citizen, for the
is

is laid, that is, when Congress sum of money must be paid by each
is

public use, what

?

the rule by which

it

to

be collected

A. The

census, or public counting of the people.

May

any money be required

is,

to

be paid on goods
?

exported, (that

carried our.) from any of the States

39

A. No.
Q.

May

any law be passed giving to the ports of one

is,

State, (that

the places where vessels arrive and dea preference over those of another,

part with goods)

so that goods
ties to

coming

pay

to

to some ports, shall have less duGovernment than the same goods coming

to other ports ?

A. No.
Q.

May

vessels

coming from sea with goods which

give an account of

they wish to deliver in one State, be obliged to land

those goods, or to enter them, that
is,

them

at the

Custom-house, or

to

pay the duties on them

in another State ?

A. No.
Q.

When

a vessel leaves the ports of one State with

is

goods which she

carrying to sea, can she be obliged

is,

to clear those goods, that

give an account of
?
its

them

at

the Custom-house, in another State

A.

No

each State

may

carry on

own commerce

without the interference of any other State.

be drawn out of the Treasury ?

kept)

Q. In what way can the money of the United States (or place where it is
can be drawn out only by authority of a law of
;

A.

It

Congress

and such a law

full

is

called an Appropriation.
all

Q. Must a ed
into the

account be kept of

moneys

receiv-

Treasury, and paid out of

is,

it ;

and must ibk

account be published, that

Co time ?

printed and sold from time

A. Yes.

40
Q. You
said that in

some
;

countries, a part of the

that

people are called Nobility

what does

mean

A. Almost

all

Europe was once under the power of

Rome, and formed part of what was called the Roman Empire. This Empire was attacked, overrun, and at last conquered entirely, by a hardy set of people who came from the north in vast numbers. These people were commanded by their chiefs or kings and when
;

the countries

which they invaded gave up

fighting,

and

yielded every thing to the conquerors, the whole of the

land was divided into portions and given by the king to
his chief officers,

who

divided

it

again

among
fac.

their fol-

lowers.

These
titles,

great officers were called

as

by various

names or
titles;

Dukes, Earls, Counts,

and when

they died, their oldest sons were called by the same

which continued
great and
rich

in

this

manner
It
is

to

descend

in

certain

families.
in

these families

which are now known

Nobles, or the Nobility
over the other citizens.

most countries of Europe as

great privileges

and they have

Q. Can any
rest in this

families
?

be thus distinguished from the

Republic

A.
only

No
titles

no

title

of Nobility can be granted here.

us, are those

The

grade

in the

among army

which mark

a person's

or navy, or his office in the State.

Q.
title

May

any citizen of the United States receive a

of nobility from the king, or prince, or government

?

of any other country

A. The Government does not

persons
j

interfere with private

but no person holding any office of profit or

41
&ust under the republic can accept of either a
title,

sum of money

as salary, an office, or

even a present,

from any such prince or government, without the express consent of Congress.

Q. A.

Why is this ? To guard gainst

who
title
;

any foreign prince getting

influ-

ence over those

are in

power among
.

us,

by briber
to

of any kind

would be a better bribe

some

men
Q.

than money.

You

said

that

when

the states entered

into that

agreement by which they

over them
all,

set

up a

General Government
right to

they had each a perfect

govern
:

themselves as free, sovereign and independent States

and
eral

that they

gave up a part of their power

to the

Gen-

kands.

rest of it in their own What are the powers which they gave up ? A. The power of making treaties, (that is bargains or

Government, and kept the

agreements with other nations) alliances,

(that

is

agreehelp
in

ments with some other country,

each other,
avoiding
(that is
in

that the

two

shall

something they wish to accomplish, or

;)

some common danger

and confederations.

agreements among several different countries^

that they shall all join together in

some

object for their

common

benefit.)

None

of these acts can

states, separately,

now be

per-

formed by any one of the

but must be

done only

for the

whole by the General Government.

Q. What other powers did they give up ? A. The right to grant letters of marque and reprisal
the right to coin

money

plained

;)

(both these have

bills

been exis,

the right to emit

of credit ; (that

ta

4*

42
issue printed promises to

pay certain sums of money ou

the credit of the state, the

notes,)

same

as a

Bank

issues

Bank

to

make any

thing but gold and silver a lawful

tender in the payment of debts.

Q.

What

does that mean

A.
and
is

When

one man owes another, and goes

to the full
;

to

him
such
if

offers

him money

amount of
if

his debt, that

is

called a tench?-; (or offer)

and

the

money
;

as the law says shall pass,

it is

a lawful tender

and

the

man
is

refuses
is

it,

he can never sue the other

for that

debt, nor

money
times a
printed

the debtor obliged to pay it. Now, though commonly made of gold and silver, yet someGovernment may make a law by which certain notes are to pass the same as gold and silver
;

and

after

such a law, that kind of printed notes are a

(This kind of paper

lawful tender to pay debts with.

was

issued by Congress in our revolution.)

Constitution, gave

The
do

states,

by the

up the power

to

this,

and

now

it

can be done by the General Government only.

Q. Did the states give up any other power ? A, They are forbidden by the Constitution, in the same manner that Congress is, to pass any bill of attainder, or ex-post-facto law, or grant

any
shall

title

of nobility,

nor can they

make any law which

" impair the ob-

ligation of contracts."

Q. What does that mean ? A, It means that when a bargain has been made between any two
parties,

by which one agrees and binds

agreement, or contract, was

himself to do some particular thing not then forbidden by

lawi the
state in

which

this

43
made
shall not afterwards

make any law by which

the

person

who

thus bound himself shall be set free from any

part of that bargain

without the consent of the other

contract.

party, with

whom he made the Q. What else are the states

Q.

forbidden to do

A. They cannot

lay any duty on exports or imports.

May

they not lay enough duty to pay for the ex?

penses of collecting the duties laid by Congress

/Z.

Yes, but no more

for this use,
it

and

if

more

is

received than

is

wanted

must be paid

into the

Treasury

f the United States.

Q.
is,

May

any of the States lay a tonnage duty

that

require a

sum of money

to

be paid by every vessel

?

entering any of the harbors in that State

A. No.
Q.

May
?

they keep soldiers

whom

they pay,

in

time

f peace

A. No.
Q. May they keep A. No. Q.
ships of war, in time of peace
f

May
?

one State enter

into

an agreement with ano-

ther State

A. No.
Q.

May

they
?

make

a treaty or agreement with any

other nation

A. No.

May A. No
Q.
;

they
not
is

make war
unless

an enemy has

entered thenis

bounds, or

in

such danger of entering, that there

no time

to wait for the aid of the

General Government.

44
Q.

Why

did the States give up

all

these powers

A. Because they could be

they could have been,
and,
if if

better protected
all

by one

powerful Government ruling over them

united than

they had remained separate

they would have such a Government, they must

consent each to give up a part of their

own power,

in

order to

make

it ;

if

the General Government had no

power,

it

would be of no use.

Q.
that

Who executes the laws which Congress have

who

made,

is,

takes care that every body shall obey the

laws

A. The President of the United

States.

Q. Can he make the law ? A. Not at all. These two powers, of making law, and executing law, are kept by the Constitution, entirely
separate
it,
;

the power that

makes the law cannot execute

it.

and the power that "executes the law cannot make

is

(The one of these powers

the other
is

called the Legislative, and

called the Executive power.

Q.

Is there

any advantage
;

in this ?

A. Certainly
because,
if

it is

the great safeguard of freedom

the one

makes oppressive laws, the other may

or, if the

refuse to execute

them;

one wishes

to

do tyran-

nical acts, the other

Q.

How
is

does
?

may refuse to make a law for them. any man become President of the
by the people of the Unitat

United States

A. He
ed States.

elected [chosen]

Q.

How

is

this

done

do the people themselves

emce choose the President ?

45 A.

No

this

might lead

to great confusion.

But

the

people choose the Legislatures of the different States,

these Legislatures appoint electors, and those electors

choose the President.

Q. Explain this more particularly. A. You know what is meant by the Legislatures of
the States
to
;

they consist of persons chosen

in

each State

make

the State laws.

together, appoint, in

These persons, when met any way they think proper, a numare
called Electors, because they

ber of persons

who

afterwards choose the President.

Q.

How many

of these Electors of President are

?

appointed in each State

A. As many
of Congress.
to

as the state has

members
a state

in

both Houses
is

For

instance

which
the

entitled

two

Senators and eight

members of

House of

Representatives must appoint ten electors of President

a state which has two Senators and
the

twenty members of House of Representatives, must appoint twenty-two

electors.

Q.

May

any person they please be appointed an

elector ?

States,
all

A. Not every person may ; Senators of the United members of the House of Representatives, and
persons

who

hold any office of trust or profit under

the United States, are incapable of being electors of the

President.

q. Why ? A, For fear any President of the United States might use improper means to get himself chosen again when

40
bis time of service should expire.

The

President has

frequent opportunities to see the

members of Congress
he might threatin their places,

and persuade them

en

and as he himself has the appointoffices,

ment of most persons who hold

to

remove, or promise to keep them

their

and thus destroy

freedom of

election.

Q. How do these electors proceed ? A. The electors appointed by each state meet
states that

in the

appointed

them, and vote by ballot for the

President, and for another officer called the Vice Presi-

dent of the United

States.

The

electors

all
;

meet on
is

one and the same day

fixed by Congress.

in their several states

the day
6

Q. What do you mean by voting by

ballot }
in

A. When

it is

wished to conceal the manner

which
is

each particular person voted, and yet to know what

the opinion of the greater
instead of speaking
their
;

number of

voters, the voters

minds, put each a piece of

folded paper into a box

these papers are called ballots,

ballots are

and when
counted.

all

have voted, these

examined and

Q.
tives

May

both
for, as

the persons

whom

the electors of any

state vote

President and Vice President, be na?

of that state in which they are voted for

A.
tive

No

only one of them

the other must be a na~

of some other state.

Q.

How

do they distinguish which of the persons

?

is

voted for as President and which as Vice President

A, The

ballots

are

taken

separately, on

different
ballet-

pieces of paper, and

it is

besides written on the

47
whether the person
Separate
lists all is

voted for as the one or as the other.

in

are

kept

which they put down the

are voted
for, either

names of
given
for

the

persons

who

as

President or as Vice President, and the number of votes

each

these

lists

are signed

by the electors,

and then sealed up and sent

to the seat of

directed to the President of the Senate.

er
security,

government For the greatis

two copies are made, one of them

sent

by the
Q.
these

mail, and

another by a messenger, sent for the

it.

express purpose of carrying

What does
lists ?

the

President of the Senate do with

He opens them in the presence of the Senate and House of Representatives, who are all met in one hall to be present when the votes are counted. Each House appoints some of its own members who unite in a committee and count all the votes; when the person having the greatest number of votes for President is declared to be the President, and he who has the most votes
A.
the
for

Vice President
Q. Suppose

is

declared Vice President of the

United States.

no one person has a majority

all

(that

is

more than
son

half) of

the votes for President,

is

the per-

who has

the most votes considered as chosen f

A. No.
Q. What is done in that case ? A, The House of Representatives immediately proceed
to choose, by ballot,

from those persons, not more

list

than three,

who

stand the highest on the

of votes for

President, one to be President of the United States.

48
Q. Are they bound most votes ?
sons
to

choose the person who has

A, No; they may take

either

one of those three per-

who have

the most votes.

(.

Do

they vote, on this occasion, in a different manall

ner from what they do on

other occasions

A. Yes ; in choosing single members, but by

one vote only, whether

the President they vote, not by States

its
;

that

is,

each State has

Representatives are

many

or
is

few

and a majority of the whole number of States

necessary to a choice.

Q. Must

all

the States vote ?

A.
but
if

All

may

vote

if

they are present and desire

it

only two thirds of the States vote, the election

is

good
Q. Suppose the

House of Representatives

cannot, or
?

do

not,

choose any one, must there be no President

A,

In that case, the Vice President

must perform the

duty of President.
Q. If neither of the persons voted for by the Electors
as
is

Vice President has a majority of

all

their votes,

what

done

A. The Senate then chooses one of the two persons who have the most votes. A majority of the whole
thirds of their

number of Senators is necessary to the choice, but two number is sufficient to vote.
Q.
States

May
?

any person be chosen President of the United

A. Not every person

he has been born
in

none may be chosen unless

States, or

the United

was a

citizen

49

when
if

the Constitution
if

Was agreed

to,

nor can such

one be chosen
teen years.

he

is

less than thirty-five

years old, or
for four-

he has not resided within the United States

Q. May any person be chosen Vice President ? A. No one may be chosen as Vice President who
is

forbidden by the above rule to be chosen as Presi-

dent.

Q. Suppose
die, or should
office, or

t *e

President of the United States should

be put out of office, or should resign his

should from any cause be unable to do the

it,

duties which belong to

what

is

to be

done

A. His
President.

duties

must then be performed by the Vice

ed

Q. But suppose the same thing should have happento the Vice President also ?

A. Then
till

the Congress must declare by law

till

who

shall

perform the duties

the President
is

another President

is

chosen, or
himself.

again able to perform

them

Q. Does the President receive any thing

vices
?

for his ser-

A. The honor of
tion

filling

so high

and honorable a

sta-

by the choice of
and father of
flf

a great

and free people, and the

the faithful

glory of leaving his

friend
fill

name

in their history as
is,

his country,

of

itself,

enough

to

the wishes

the most aspiring mind, and no doubt

it now is, though man who fills it but
;

the place would be sought as eagerly as

not a dollar should be given to the

because his station exposes him to great expenses he

allowed a salary sufficient to meet them.

is

50
Q. What
is,

is

the

the

sum of money
?

amount of the President's salary, that paid him by the United States

every year

A.
lars.
<.

It is at

present fixed at twenty-five thousand dol-

May

he receive any other money from the United

States, or from any

one State

A.
other

No
sum

he

is

expressly forbidden to receive

any

of
?

money

than his salary.

Q. Why A. Lest,
be led
if

if

any State allowed him money, he might

to favor that State

more than the others

and

lest,

he was suffered

to receive other

sums from the United

States, he might

amass so much money as should make

citizen to a free country.

him a dangerous

Q. Does the President take any oath before he enters upon his office ?

A. Yes. Q. What is an oath ? A. It is a solemn calling upon God, who knows th* hearts of all men, and will call every man to account for
his

conduct
says
is

in this world, to

bear witness that what a

to

man

true, or that

what he promises he means

perform.

Q. What is the President's oath of office ? A. It is in these words " I do solemnly swear,

that

I will

faithfully
;

execute the

office of

President of the

United States

and

will, to

the best of

my

ability,

pre-

serve, protect, and defend the Constitution of the Unit-

ed States."

51
(^.

What

are the powers which belong to the Presi-

dent

A.
navy
;

He

is

commander

in chief,

both of the army and

every officer of both, from the highest to the lowobliged to obey his orders.
officers of the militia obliged
to

est, is

Q. Are the them ?

obey

A. Yes, whenever
the

the militia are called out in the ser;

vice of the United States

(at other times

they are under

command of the Governors of their own States.) Q. Has he any other powers ? A. Yes; he may grant reprieves and pardons
Q.

for

offences against the United States.

What

is

a reprieve ?

A. When a person has been tried, found guilty, and condemned to be punished on a certain day, a reprieve is a putting off of the punishment to some other time.
Q. What is a pardon ? A. It is the delivering of a condemned person from
the punishment of his offence.

A reprieve
it

only delays

punishment

a pardon prevents

entirely.
all

Q.

May

the President do this in

cases of offences

against the United States ?

A. In

all cases, except cases of impeachment. Q. What other powers has he ? A. He has a very solemn power, that of making

Treaties for the United States with other nations.

Q. Why is this so solemn a power ? A. Because a treaty is the supreme law of the

land,

and

usually concerns matters of great importance to us

all.

52

Q.
er
?

Is

nobody joined with the President

in this
fit,

powwith

or

may he make any agreement he

?
is

thinks

other nations

A. This power
dent cannot

so great and weighty, that the

it

Con-

rtitution will entrust

to

no one man.
nor
it ;

Even

the Presi-

make

a treaty without the consent of the

;

Senate of the United States

is it

sufficient that a

majority of the Senate agree to

two

thirds of
is

all

the

Senators

who

are present

when
it is

the vote

taken, must

agree to any treaty, before

States.

binding on the United

Has the President any other power ? A. Yes ; powers of nomination and appointment. Q. What do you mean by this ?
A,
ties

When

persons are to be employed to do the du-

of certain great public offices, none can be so

em-

ployed but those

that
is,

whom

the President

first

nominates
the Senate

proposes to the Senate, and

;

whom

consent to have employed

and when the Senate has

given this consent, the persons cannot act in their office

till

they receive orders to do so from the President

is

such an order
in writing
it is

called their appointment,

and when put

called their commission.

Q. What

officers are appointed in this

manner

A. Ambassadors and foreign Ministers ; (that is, persons sent by the United States to the Government of some other nation, either to prepare some public treaty,
or to reside there as the representative of this country).

Consuls, (persons sent by this country to reside

ports of other nations, to protect our

in

the
is,

commerce;

that

to see that

our vessels, our

sailors,

and the property

oi

our merchants, are properly treated there, according to

the treaties and laws of both countries).

Judges of the
United

Supreme Court, and all States, except those who

the President.

other
are

officers of the

expressly ordered by the

Constitution to be appointed by

some other person than

Q.

May

the President appoint any officer without the

?

consent of the Senate

A. Yes,
er
;

if

Congress makes a law giving him the powonly to inferior officers, that
is,

but

this applies

such

as have other officers over them.

Q.

May
;

Congress give the appointment of such

?

offi-

cers to any other than the President

A. Yes
the

it

may

give

it

to the

Courts of Law, or

to

Heads of Departments. Q. What do you mean by

?

the

Heads of Depart-

ments

A. This name

is

given to certain officers

who have
DeWar,

the chief care under the President, of the four great

branches of the Government, called the Executive

partments
;

and who are called the Secretary of State,

the Secretary of the Treasury, the Secretary of

and the Secretary of the Navy.

Q. Are the
Constitution
?

duties of these officers declared

by the

A.

No

but by a law of Congress.

They

are,

how-

ever, persons of great importance in our government.

The

Secretary of State attends to every thing which

affairs

concerns our

with other nations; and also to those

5*

54
01 the General

Government with the Governments of the

;

different States
to all that

the Secretary of the Treasury attends

concerns the

money of the United

that

States

the

Secretary of War manages the business of the army

*he Secretary of the
sels

and

Navy

which concerns our ves-

of war.

All these officers are, however, under the

control of the President; he

in

may

require their opinion

writing on any subject that belongs to their different

is

departments, but he

not bound by

it ;

he

may

also

dismiss them from office.

Q. Suppose any of the

officers

whom

the President

has appointed by the consent of the Senate should die,

or should resign his office, while the Senate
is

not

sit-

ing

what

is

to

be done

A. The President may appoint another person

place

in his

who

shall hold the office

till

the end of the next

meeting of the Senate.

Q. What are the duties of the President r A. He must from time to time give information
Congress of the
state

to

of the United States.

ter than the

Q. Does he know what is the state of the nation betMembers of Congress ?

;

A. Yes
tunity of

his office is
it.

such that he has a better opporresides

in

knowing

Each Member of Congress

It is

only in one State, but the President resides at a spot

the middle of

them

ail.

the duty of

all

officers

be-

low him,

to

send reports of the various

affairs in

which

they are employed, to one or other of the Heads of

Departments, and these lay

all

the knowledge they thus

obtain, before the Presiut a for his direction and assis-

55
tance in the

many and
all

great duties he has to perform.

He

is,

therefore, of

other persons, best acquainted

with the general concerns of this nation.

Q.
gress.

When

does he lay

this

information before

Con*

A.
first

He makes
meet,
in

a very
is

full

statement of
called

it

when they
two Houses
in

what

usually

the President's

Speech; and from time

to time, while the

are met, he sends to each of them messages,

which
in

he gives more particular statements than he could do

his first general

speech.
to

Q. Suppose Congress wish

or messages,

know from

the Presi-

dent something which he has not told them

in his

speech

may
if

they call upon him to communicate it?

A. Yes, and
requires
it

he does not think that the public good

call,.

to

be kept secret, he always answers the

the

and gives

them

knowledge they desired,

if

he can

do

so.

to the

Q. Does he do more than communicate information Congress ?

;

A. Yes
country.

his

duty

is

also to

recommend

to

them such

things as he

thinks will

be for the advantage of the

Q. Are they obliged A. No. They pay

to

do as he advises

respectful attention to

what he
in.

says to them, and listen to the reasons he gives

favor
full

of the measures he recommends, but they are at

liberty to follow their
(j>.

own judgement

in ail cases.

Is

it

to

be desired that Congress should always

?

comply with the advice of the President

56

A.

No

for then his advice

have the authority of a

ident and not
liberty of the

would, in time, come to command it would be the PresCongress who made the laws and the
; ;

country would be in the greatest danger.

There

is

no more dangerous despot than one who can

obeyed, and yet preserve the forms of a

make
free

his will

government.

Augustus Caesar ruled the whole

Roman Empire

with absolute sway, yet did every thing

by resolves of the Senate, as if Rome was Iree. Q. Suppose some very important matter should happen while Congress
is

not met, can the President call

them together

A. Yes.
one
;

He

can
is

call

either both

Houses, or only

if
;

any law
if

to

be made, both Houses must be

is

called

only a treaty or an appointment

to be

made,

the Senate only need be assembled.

find

Q. Suppose, when both Houses are met, they should themselves unable to agree about the time at which
will adjourn, (that
?
is,

they

cease to meet) can the Presi-

dent end the dispute

A. Yes, by adjourning both Houses. Q. In that case, when are they to meet again? A. At any time the President fixes, when he adjourns
them.

Q. What other duty is required of the President ? A. He must receive all ambassadors and foreign ministers ; that is, persons sent by other nations to make treaties with us, or to reside here as representatives of
their

own government.

Q. Has he any other duty ?

bl

A. Yes, he has one great, general, and constant duty it is for which all this power is put at his command,

to take care that the

laws shall be

faithfully

executed

that
that

is,

that

whatever Congress orders

shall

shall

be done, and

whoever disobeys the laws

be punished.

Q.

May

he be punished himself?
have already seen that every
civil

A.

We

officer of

the United States

may be impeached by
office.

the

House of
if guilty,

Representatives, tried before the Senate, and,

may
is

be turned out of

The

crimes

for

which

this

done are chiefly treason and bribery.

is

Treason,

we

said,

making war
resist or

against the United States, by en-

deavoring to

overturn the government

bribery

means the unlawful taking of money by an officer for doing or omitting some act of his office. Q. Does not every officer receive money for doing
the duties of his office
?

A. Yes,
is

the law allows

him a

certain

sum

but a bribe

something more than

this,

given him not by the United

to favor

States, but
in

by somebody who wishes him

worse

them
It is

the

exercise of his power as a public officer.

to offer a bribe,
it is still

wicked

to accept one.

Q. Can there be no bribery but by means of money ? A. Yes ; bribes may be offered in various shapes;
any benefit or advantage offered
proper end
(.
is

to an officer for

an im-

a bribe. a Court
?

What do you understand by

A.

place where a Judge

sits to

hear and determine

causes according to law.

Q. Are Courts necessary

58

A. Certainly.
be some

way

of determining

Wherever laws are made there must when they have been dis-

obeyed, and of causing those

punished.

who disobey them

to

be

This

is

the use of a Court and of a Judge.

When

one person believes that another has broken the

laws, to his injury, or to the injury of the public, he

may
it

cause that person to appear before a Judge and have

determined by witnesses, whether he has broken the

laws or not
;

and

if

he has, he

is

forced to suffer such

a punishment as the law directs.

Q. Are there Courts

States
?

in

every State of the United

A. Yes.
see that
its

Each

State appoints Judges of

its

own

to

laws are executed.

also other

Q. Are there

Courts belonging
?

to

no par-

ticular State but to the

United States

A. Yes.
Q. Are
another
?
all

these Courts equal, or

is

one superior

to

A. They

are not

all

equal

but
?

in
;

each State some

of the State Courts are

set over others

and so

it is

with

the Courts of the United States.

Q.

Why

are they not

set
it

all

equal

A. Some are

over others,

in

order, that if one

it.

makes any mistake

may be

corrected by that above

When

a citizen thinks he has been

wronged

in a
;

lower
this is
still
still,

Court, he

may

take his cause to a higher one

this

called an appeal; and if in

higher Court, he

thinks he
until

is

wronged, he

may

appeal to a court higher

in his

he has got to the highest Court

own

State.

59
Q.

Can he

take his cause from the State Courts to

?

the Courts of the United States

A.

No

not unless his cause has to do with a law

made by

a State,

which

as

he supposes

is

contrary to

the Constitution of the United States.

That question

can be settled only by the Supreme Court of the United

States.

Q. Suppose his cause has to do with a law of the

United States and not a State law

A.
Q.

He

must go

at

once

to the

Courts of the United

States.

What

are these
consist of

A. They
of
all,)

one Supreme Court, (the highest

this,

and of such other Courts, under

time to time establish.
established any
?

as Congress

may irom
Q.

Has Congress

A. Yes
cuit

it

has appointed

some which are

called Cir-

Courts of the United States; and others, below

these,
States.

which are called

District Courts of the United

Q.

What Judges
?

sit in

the Circuit Courts of the Unit*

ed States

A. The Judges of the United States Supreme Court.

Q.

What Judges
?

sit

in the District

Courts of the Unit-

ed States

A,
Q.

District Judges.

What

kind of causes are tried

in

the Courts of the

United States?

A. Any cause must be

pute
is

tried there in

which the

dis-

about the true meaning of any part of the Con-

stitution.

60
q.

What

else?
States.

A. All causes under the laws of the United

Q.

Any
;

others
all

A. Yes

which depend upon

treaties

between the

United States and other nations.

Q. What other causes ? A. All in which Ambassadors

ters, or

or other public Minis-

Consuls, sent to the United States by other gov-

ernments, are parties concerned.

Q. What others? A. All causes which concern the taking or detaining

of ships
at at sea,

and

all

which concern crimes committed

sea, or in

harbors, or rivers

or in

forts

and dock-

yards, belonging to the United States.

Q. What other causes are tried in these Courts ? A. All disputes in which the United States is a party
all

disputes between one State and another State

is

all in

which one of the States sues any person that

zen of another of the States
;

the

citi-

all

in

which a
;

citizen
in

of

one State sues a

citizens of

citizen of another State

all

which

one and the same State lay claim

;

to land un-

der grants of different States

States sues a citizen of

all

in

which one of the

;

some

foreign country

and

all in

which

citizens of the

United States, and citizens of any

ther country sue each other.

of one State sue another State

But not where citizens or where citizens or

subjects of a foreign State sue one of the States of the

Union.
Q. Must
all

causes of these several kinds be begun in

one of the

inferior courts of the

United States, or

may

61

any of them be commenced

Court
?

at

once

in the

Supreme

A. All cases which have

public ministers, and consuls
;

to

do with ambassadors,
all

and

those in which one

may be begun in the Supreme Court ; the others, after being commenced in the inferior Courts of the United States, may be removed to the but this is submitted to Supreme Court by an appeal the regulation of Congress, who may determine by law when it maj ue done, *<md in what manner.
of the States
is

a party,

Q.

How

are the Judges of the Courts of the United

?

States appointed

A. By

the President, with the advice and consent of

the Senate.

Q. How long do they remain in A. During good behavior ; that

their office or are turned out of
it

office ?
is,

until

they resign

for

some

great offence.
to time,

Q.
like

Why

are not Judges elected

from time

Members of the House of Representatives and Senators ? and why may they not be removed from their
offices

unless
?

they are proved to be

guilty of great

offences

A.

If

Judges held

their places at the

mere good

plea-

sure of the people, they would be greatly tempted to

act in a partial and improper

manner

in

order to please
their favor

those

but
turn

who chose them to office, and to keep when they know that no man or number
them out of
office so long

of

men can

as they

do

their duty,

they administer justice without fear and with an equal regard to

all

who

ask

it.

62
Q.
in the

Why

tben should not Legislators hold their office

same way ? A. Because they make the

them
;

laws, while Judges only

to

explain and apply

liberty to give

it

would be very dangerous

life
;

our law makers power for

they re-

quire restraint lest they should

therefore their time of office

is

become our tyrants ; made short, so that if the

people think them unwise or unfaithful they

to give

may

refuse

them the

office again.

Q. You

said that the use of

Courts was

to

determine

when the laws have been disobeyed, and causing those who have disobeyed them to be punished. How do
Courts answer
this

end
is

A. When

a person

charged with having done some-

thing to his neighbor, or to the State,

which

is

forbidden

by-law, the fact

is

judged of by a Jury.

Q. What do you mean by a Jury ? A. A company of citizens, chosen by

have no
interest in the matter,

lot,

and who

who

listen

to the proofs

brought against the person accused, and who then agree

among themselves whether

ed or not.
ion,
it is

the accusation has been provthis

When

they declare

agreement

in

opin-

called their verdict; and according to this, the

cause
<^.

is

decided. wise regulation

?
is

Is this a

A.
and
life;
is

Certainly.

The

trial

by jury,

a most precious a fair

privilege

as

it

secures to

every man

hearing,

the best safe-guard of his liberty, property,

and

which might be taken from him by a partial or corrupt Judge, if that officer alone had to decide
all

63
on the
him.
guilt or

innocence of those who are tried before

Q. Does a Jury decide

criminal prosecutions
?

in

civil

suits as well as in

A.
Q.

do not understand the difference between them.

a
civil
suit, I

ther into court to answer

mean one citizen's calling anohim for some injury committed against him ; by a criminal prosecution, I mean a citizen's being brought up by a public accuser for some
at large,

By

crime committed against society

and

for

which

he

is

liable to public

punishment.

A.

jury decides in both cases.

is

When
is

an officer
is

of the United States

impeached, the accuser

the jury
suits,

the

House of Representatives, and

the Senate

but in ordinary prosecutions and

the jury consists

of twelve persons, residing near the place where the act

was committed.

Q.

May

an accused person be tried

in

a different
?

State from that where the criminal act

was committed
at sea, or in

A. No.
<.

Suppose the act was committed

be held

some

other place not within any one of the States of the Union,

where must the

trial

A. Where Congress shall have appointed by law. Q. Ought all the public acts of a State, and of all
courts and
officers, to
;

its

be recorded

in writing ?

A. Certainly
these acts

not only to preserve a remembrance

of them, but that those persons

who

are affected by
if

may be

able to

show proof of them, and

injured, to obtain redress.

64
Q.

When

such a record

is

made
is

in

one of the States,

and a copy of it, duly proved,

be received as proof by
all

given, must that record

?

the other States

A. Yes. But Congress may determine by law in what manner the record shall be proved for this purpose.

Q.

When
?

a citizen of one State goes into any other

State of the Union,

foreigner

or

may he be treated as if he was a may any difference be made between his

shall

privileges and those of the citizens of that State ?

A. No.
do.

He

enjoy every privilege which they

Q.
is

If a person charged with a crime in

one State,

shall flee

from justice

into the

bounds of another State*

State where the

he safe from pursuit and

trial ?

A. No. If the Governor of crime was committed applies to

State

the
the

Governor of the
latter shall

where he has taken refuge, the

be delivered up.

cause

him

to

his master,

Q. Suppose a slave in one State shall run away from and flee into another State, does he thereby
application of his master,

become free ? A. No. On

his

and proof of

being a slave, he must be given up.

Q.

How many

States were there which revolted from

Great Britain

at the

Revolution

A. Thirteen.
'he time

Q. Did they it went

all,

all

agree to the Federal Constitution at

into operation ?

A. Not

but the rest

came

in

soon

after.

65 Q.

Was

it

then expected that other States would be

?

formed and join the Union

A. Yes, and

provision

was made
to

for admitting
?

them.

Q. By whom were they A. By Congress.

Q. Is their number A. No.

be admitted

limited

Q. Or their population ? A. Not by the Constitution

mined
inhabitants

but Congress has deter-

that a district or territory containing sixty thousand

may be
that

received into the Union as a State.

number of people in any of the States may be erected into a new State ? A. No. No new State can be formed within the
limits

Q. Then

of a State already formed.

Q.

May

two States be united by Congress

into

one
?

or parts of two States be erected into a third State

A. Not unless the Legislatures of both such

give their consent.

States

Q. When the Colonies separated from Great Britain was their territory all peopled ?

A.
Q.
T

No

large tracts of land in several of the States,

remained

in its natural,

wild state.

When

the States united under the Constitution.

w hat was done with these wild lands ? A. They were given up by the several States that owned them, and set apart as common property, for the
good of the whole.

Q.

Who has
settled
?

power
and

to

govern these

territories as they

become

to sell the land to settlers ?

6*

66
A. The Congress of the United
States.

Q. Have they since been extensively settled ? A. Yes. Many new States have been formed within
iheir limits,

and

many more

are expected to be.

They

are in the

mean

while divided into several distinct por-

tions called territories,

each of which has a form of gov-

ernment suited
gate in
Jhat body.

amount of population, and a DeleCongress with power to speak, but not to vote in
to
its

Q. Has any State the

form of government for
the supreme power
is in

right to set

up a monarchical

itself,

that

is

government where
? all

the hands of a king

A. No. When
publics, the

the Colonies united they were

for the

re-

new government they formed

Union

was republican, and they then secured

publican form of government.

to

every State

which had joined or should join the confederation, a re-

Q.

Who

is

to see that

this regulation is

carried into

effect ?

A. The Congress. Q. Does Congress secure any other

different States ?

privilege to the

A. Yes.
an enemy.

It

must protect them from invasion by

is

This
;

one of the most important benefits

of our Union whole.

each State has the protection of the

Q. Should unruly persons in any of the States attempt by violence to resist and overturn the State Government,
and should they gain such strength that that State
able to quell them, must Congress interfere
?
is

not

67

A. Yes,
ation

if

applied to by the Governor or Legislature

of such State.

But

not to prevent a peaceable alterin

of the laws attempted

a regular and proper

manner.

Q.

The
:

majority of the .people of any State

its

may
?

certainly alter

laws, provided they do not violate the

Constitution

but

may

the Constitution itself be altered

A. Yes.
States,
is

The

Constitution
will

being nothing more than

an expression of the

of the people of the United

at all times within their

it

own power, and they

ought not to be changed

may change
till

as they like, bui

it

it is

very clearly shown to be the wish of the people.

is

Q. A.
ate

How
When

this to

be found out?

two thirds of the members both of the Senshall

and of the House of Representatives

an alteration

agree in

opinion that
state

would be proper, they may

it

such alteration and propose

all

to

be considered by

ihe people of

the States.

The

alteration

must then
a meeting

be considered by the Legislature of each of the States,

or by a Convention in each
State, (which
is

of persons

chosen by the people for

and
if

this particular

purpose)
to the

three
it

fourths of the

States agree

amendment,

then becomes a part of the Con-

stitution.

Q. But
agree to an

if

three fourths of the

States should thus

amendment which would deprive

will

the re-

maining States against their

the Senate, would such

of their equal vote in

binding.
in

amendment be
is

A. No.
stitution,

This case

provided against

the Consti-

and one other

(in relation to slaves)

which could

68
only happen previous to the year 1808
is
;

but as that year

it.

now

past,

no farther notice need be taken of

Q. What is the supreme law of the United States ? A* The Constitution itself is supreme and all laws and treaties made by Congress and the President, in conformity with it, are superior to any law made by one
;

of the States, so that

if

the law of a State contradicts a

is

law of Congress, the State law

of no force, and the

United States law alone must be obeyed.

Q. What security have we

be observed
?

that the Constitution

will

A. The President, the Members of Congress, the Members of all the State Legislatures, and all public officers of the

United States, and of each one of the States,

takes an oath,
to

when they
the

enter upon their several offices,

obey the Constitution.

lies in
itself,

But

the great security for

its

observance
Constitution

wisdom and excellence of

the

and the conviction of the whole peoit is

ple of the United States, that

to

for their true interest

fifty

observe

it

inviolate.

It

has been tried for

years,

and has done more

erful

to render this nation peaceable,

pow-

and happy than any form of government that ever

existed

among men.
said that the Constitution,

Q. You

however wise or
if

good, might nevertheless be

the United States chose
?

amended

the people of

A. Yes ; the Constitution says so expressly. Q. Has it ever been amended ? A. Yes,
<j>.

several times.

What was

the subject of the

first

amendment

69

A. The A,
in
I

subject of religious freedom.

that
?

Q. What do you mean by

mean the such way as he

Q.
Is this a

right every

man

has to worship

God

thinks

(it,

without being called to ac-

count for his opinions, or punished for them.

sacred right, which ought to be guarded
?

with the greatest care

A. Certainly.
fere with

God

alone

is

the

Judge of our
has

relig-

ious belief and service, and no

it,

man

a right to inter-

so long as

it

does not lead us to injure or

great part of the misery and
in

disturb our neighbor.

oppression which has existed

forcing

the world, began with

men to do what their conscience disapproved. Q. What amendment was made in the Constitution
this subject ?

on

A. Congress was forbidden

ing an establishment of religion

to
;

make any law

that
is,

respect*

giving the pre-

ference to any one form of religion above another, and

making laws

to support

it ;

or making laws to prevent

men from
Q.

freely

holding or observing any particular

form of religious belief and practice.

Was
;

any other subject introduced

?

into the

same

amendment A. Yes
the press.

the freedom of speech and the freedom of

Q. What do you understand by these expressions ? A. In a free country like ours, every citizen has
right to express his opinion of the character

and conduct
our govern-

of our rulers, and of the laws they

make

for

ment

to forbid this, or punish

it,

would be highly dan-

70
gerous to our liberty.
If those chosen

by

their fellow

citizens to rule the State, rule in a foolish or

wicked manspeedily

ner,

it

ought to be known, that they

;

may be

turned out of office

but

if

nobody might

find fault with

them without danger of punishment,

their

bad conduct

would never be exposed, and they might continue in power to the great injury of us all. The right to speak
our opinions
is

the freedom of speech

and the right

is

to

print them, that they

may

be read by others,

the free-

dom

of the press.
I

Q. But suppose
injurious,

say of

my
in

rulers
?

what

is false

and

may
if

not be punished

A. Yes,
lishing

they can prove

said
is false,

a court of justice that

what you have

it

and that your saying or pub-

has injured them.

So may any of your

at

fellow

citizens.
print,

But you

are

still

liberty to
if

speak and to

being liable to the consequences

you abuse your

liberty.

Q.

If the people shall

be of opinion that any of the

to-

acts of their rulers

have been wrong, may they meet

is

gether to petition, that

publicly to ask, that these acts

may be

altered
if

?
;

A, Yes,
to

they meet peaceably

but

if

they behave

in a riotous or

disorderly manner, they

may, and ought

hands

be punished.

Q.

May
;

they meet with arms

in their

?
is

A. Yes

the right to keep and

to the

to carry

arms
;

one

which belongs
an enemy.

citizens at all
to

times

but arms
resist

must not be used except

support the laws or to

71
Q.

As

the public safety requires that the

Government
militia,

should employ hired soldiers, as well as the

may

these soldiers be sent to live in the house of any citizen

and

at his

expense, without his consent

the nation
is at

A. Never, when
at

peace.

When
;

it

is

war,

it

may

often be necessary to

do
it

this

but the

Constitution declares that even then,

must only be

done according

to

law

not according to the mere good

pleasure of an officer of the army, but in a manner which

the Representatives of the people shall lay down.

Q.

Has

the

Government power
it,

to enter the house of

a citizen and search

and

to take him,
it

and
?

his papers,

and

his property, at
It
is

any time

thinks

fit

A. No.
papers

sometimes necessary and proper

to

seize a man's person

;

and property, and

never be done,

to search his

but this

may

fellow citizens charge

until some of his him with some offence which

it

would require
bable that he
against him.

this to
is

be done, make

appear pro-

guilty,

and swear

to

what they declare

officer a

Then

Judge gives
;

to an

war-

rant to search or to seize

ticularly

but the warrant must say par-

what places are

is

to

be searched, and what per-

sons or property

to

be seized.

Otherwise no

man

would be secure.
Q. Suppose
I

am

accused by

my

neighbor of some

crime which

is

punished with death, (these are called

capital crimes) or which society

;

would render

me

infamous

in

must

be seized and tried because he has

accused

me ?

72

A. No. You must be either confineu ^ A m a u t u^ manner prevented from going away, until his accusation is laid before a number of your fellow citizens, called a Grand Jury, who swear to act fairly in the case.
other

They

hear your accuser and

if

all

the proof he has to bring

is is

against you, and

they think that he

wrong

in

sup-

posing you guilty, and that his proof

not sufficient,

they refuse to have you tried, and you are set at liberty.

But

if

they think his proof

is

such that you ought to be

is

tried,

they deliver to the Court what

;

called a Bill of

Indictment

that

is,

a paper setting forth the crime you

are said to have done, and according to this you are

tried.

So

that

no

man can be

put on his

trial, till
is

many

impartial

men
is

think and swear that there

reason to

believe he

guilty.

Does what you have now said, apply and sailors in the army and the fleet ?
Q.

to soldiers

A.

No

they are tried according to certain rules and

regulations, called articles of war, to

to submit

which they swear

when they become soldiers or sailors. Q. Does it apply to citizens who are in the militia ? A. No, not when engaged in actual service, in time
;

of war or public danger

articles of war.
It

they are then subject to the

applies to

them

at all oiber times.

Q.
son
?

What

other rights are secured to an accused per-

A, Whoever is accused of a criminal offence, (that means an offence for which he is to be tried by the
State) shall have a speedy and public
trial.

He may

not

be kept confined longer than

is

necessary, nor

may he

73
be
tried in a secret place, but

openly before

all

who
al-

choose to attend.
tial

And he

shall
trial

have a Jury of impar-

men

to try

him.

(The
State,

by Jury has been

ready explained.)

The men who compose

and of the same
is

his jury
district*

must be of the same

where

the offence
fully

said to

have been committed.

He

must be

informed of the nature of the charge

brought against him, and

how

it

came

to

be made.

Q. Suppose he knows of persons who could prove him not guilty of the charge, but they live far off, or are
unwilling to attend his
trial,

can he force them

to

come

A. Yes.

The Court

will

grant him a certain paper ?

it

called a Writ of Subposna,

and send

by an

officer, to
;

every person he wants as a witness

in his favor

and

such persons are obliged to come, or be heavily pun*

ished-

to

Q. Has he any other privilege ? A. Yes, he has a right to have the advice of a lawyer aid him in his defence, and to plead his cause ?

<j>. Can he be forced to bear witness against himself ? A. No. Q. If he is once tried and not found guilty, may he he again tried for the same offence ? A. If it is an offence, which if proved against hiro would put him in danger of losing his life, or suffering

any bodily

injury,

he

may

not.

Q. Are

my

life, liberty,

and property guarded by

is

the

Constitution, so that

no man

allowed to touch either

?

of them, except according to the laws of the land

*d.

They

are.

74
Q. But
object,
if
it

my

property

is

wanted

for a useful public

? full

may

not be taken from

me

A. Yes, but you must be paid the

money.
Q, Suppose
property,
I

value of

it

in

am

sued by

my

neighbor, about

some

am
if

I to

have a Jury

to try tiie
is

cause

A. Yes,
dollars.

the amount in dispute

more than twenty

charged with a

Q. You said

that

when

a person

is

criminal offence, he

must be confined, or otherwise pretill

vented from going away,

Grand Jury has heard

the accusation and proof against him.

How

else

can
?

he be restrained from going

off,

but by confining him

A. By obliging him to bring forward persons who will become his Bail ; that means, who will agree to forfeit a certain sum of money if he goes away and does
not return to be tried.

Q.
.shall

Who

has power to say

forfeit ?

how much money

is

they

agree to

A. The Judge, before whom the man Q. May he fix any sum he pleases ? A. No.

accused.

The sum
it

is

to

be according to the nature

of the crime, and the danger of the accused man's running away, but
cruel or unjust.

may

not be

made

so great as to be

obliging the offender to

Q. Are offences ever punished by a fine ; that pay a sum of money ?

Y"esj

is,

by

A.

But here

the

same

rule

applies.

The

sum must

not be

made

out of proportion to the offence,

and the circumstances of the offender.

75
Q.
his

May

a Judge contrive

own

head, or order such as are not in

?

new punishments out of common use

for

such offence as has been committed

A. No.
rights belonging to citizens of the

Q. Because the Constitution only speaks of certain United States, does it

?

follow that the citizens have no rights but these

A,

By

no means.
contained in the Constitution

Q. Has the United States Government any power

but such as
is

A. No. Q. Have the

powers which
different States of the

Union

all

the

rightfully

belong to a State, except those

?

which are denied

to

them by the Constitution

A. Yes.
tution

When

the States united to form a constito

for their

General Government, they agreed

give up to that government

had before, and they

these powers were.

set

some of the powers they down in the Constitution what

All other powers they keep.

The
pow-

same

thing

is

true respecting the people.

All the

ers they have not given up to the State

Governments

or to the General Government, they keep in their

own

hands.

CONCLUSION.
And
short,

now,
I

my young

friends, having
intelligible

gone through a
this

and

hope, clear and

view of

Con-

stitution, I

have a few parting words

to say to

each one

of you.

76
In the
first
is

place, consider
in

how happy and how

highly

favored

our country,

having a system of govern-

ment so wisely calculated

happiness of
in

to secure the life, liberty,

and

all its citizens.

Had you

lived or travelled

other parts of the world, you would be

much more

sensible of this, than

you can possibly be without such

lot

an opportunity of comparing our

with that of others.

But, as your reading increases, particularly in history

and

in

travels,

you

will

be able

to

form a more

just

estimate of what

you enjoy.

When
still

you read of the

is

oppression which has been, and

exercised, I do

not say in Africa and Asia, whose inhabitants are but

partially

countries of

and

priesthood

but even Europe under haughty a and

civilized
;

in

the most enlightened

absolute monarchs, a proud

nobility

worldly, selfish, and ambitious

a vast

rapacious standing army, and a

;

host of greedy officers of government

and then turn

your eyes on your own happy home, a land where none

of these evils has any place

make

the laws and then obey

where people them where

the

first

they can

be oppressed by none, but where every man's person,

property,

and

privileges

are surrounded

by the law,

and sacred from every thing but justice and the public

good

how can you be

sufficiently grateful to a benefi-

cent Providence, which has thus

endowed our country

?

with blessings equally rich and rare In the next place,

stitution,

remember
is

that this precious

birth-right.

ConIt

thus wise, thus just,

for

your

has

been earned

you by your

fathers,

who

counselled

much, labored

long,

and shed their dearest blood, K*

77
win
toil
it

for their children.

To
it
it

them,
a
gift.

it

was the

fruit

of
it

and danger

to you,

is

Do
it,

not slight

on that account, but prize

as

you ought.

It is yours,,

no human power can deprive you of

folly

but your
is

own
the

and wickedness.

To

undervalue,
pains to

one of the

surest

ways

to lose
is
it.

it.

Take

know what

Constitution
will

the

more you
better

study, the

higher you

esteem

The
likely

you understand your own

be
to preserve

rights, the

more

you

will

and guard

them.

And, in the last place, my beloved young countrymen, your country's hope, her treasure, and one day to
be her pride and her defence
stitution
;

remember

that a con-

which gives

to the people so

much freedom,
rests for
its

and entrusts them with so much power,

per-

manency, on

their

knowledge and

virtue.

An

ignorant

people are easily betrayed, and a wicked people can

never be ruled by the mild influence of their own laws.

If

you would be
in
all

free

if

you would see your country

true greatness

grow

that
flee

constitutes

knowledge

cultivate
is

from

vice.

The

virtuous citizen

the

true noble.

He who

enlightens his understanding

controls his passions

feels for his country's

honor

joices in her prosperity

hour of danger

devotes

re-

steps forth to aid her in the

to

her advancement the

fruits

of his mind, and consecrates to her cause, his time, his

property, and his noblest powers, such a

man
;

is

one of
;

God's

nobility

he needs neither riband, nor

star

his

country knows and remembers his

name

nor could

any

title

add

to

its

honor, or to his reward.

We

have

78
seen such

men among

us

we hope

to see

many moresuqIi

And

though the glory of giving to their country

this, is

a Constitution as

what none but they have been

so blessed as to enjoy, yet

you succeed
it,

to a task, but

one degree removed from

impaired.

that of preserving

what

they have committed to your virtue, unsullied and un-

'

"

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