The Government Class Book by Andrew W. Young

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Sec.10. The appointment of judges of the supreme court by the president and
senate, seems to be proper. Their election by the people, most of whom
could have little or no knowledge of the persons who should be chosen,
would be injudicious. Besides, the mass of the voters are not so
competent to judge of the qualifications necessary for so important a
judicial office, as those to whom the constitution has given the power
of appointment.

Sec.11. The power of appointing the head officers of the several executive
departments, is with equal propriety given to the president and senate.
As the president is in a measure responsible for the acts of his
subordinates who conduct the business of these departments, and as,
without their cooeperation, he could scarcely carry out his own measures,
it is proper that he should have the right of selecting them; and by
being required to submit his choice to the body of senators for their
approval, a sufficient safeguard is provided against the appointment of
unworthy or incompetent men.

Sec.12. "The president shall have power to fill up all vacancies that may
happen during the recess of the senate, by granting commissions which
shall expire at the end of the next session." (Art. 2, sec. 2, clause
3.) Without such a power somewhere, the public interests would often
suffer serious injury before the senate should again be in session to
act upon a nomination by the president. As it is his duty to see that
the business of the executive offices is faithfully done, he seems to
be the proper person to make such temporary appointment.

Sec.13. The powers and duties of the president enumerated in the next
section of the constitution, are all necessary to insure a successful
administration of the government; and they are so clearly of an
executive nature, that they could not with any degree of propriety have
been devolved upon any other officer or department of the government.

Sec.14. The last section of this article of the constitution enumerates the
persons liable to be removed from office by impeachment, and the
offenses for which they are thus removable. As in the state governments,
so in the general government, impeachments are made by the house of
representatives, and tried by the senate. (Chap. XX, Sec.6-8; Cons. U.S.,
art. I, Sec.2, 3.)

Chapter XLI.

Auxiliary Executive Departments. Departments of State, of the Treasury,
of the Interior, of War, of the Navy, of the Post-Office;
Attorney-General.

Sec.1. The great amount and variety of the executive business of the
nation, requires the division of this department into several
subordinate departments, and the distribution among them of the
different kinds of public business. At the head of each of these
departments is a chief officer. These chief officers, sometimes called
_heads of departments_, with the attorney general, being private
advisors or counselors of the president, are called the _cabinet_. They
are appointed by the president and senate.

Sec.2. By the first congress under the constitution, were established the
state, treasury, and war departments, whose head officers, called
secretaries, and the attorney-general, constituted the first cabinet.
In 1798, the navy department was established. During president Jackson's
term of office, the postmaster-general was made a cabinet officer. And
the establishment, in 1849, of the department of the interior, added to
the cabinet the seventh member.

Sec.3. The _secretary of state_ performs such duties as are committed to
him by the president relating to foreign intercourse. Some of these
duties have been mentioned. (Chap. XXXIX, Sec.6.) He conducts all our
diplomatic correspondence, being the official organ of communication
with the ministers of foreign governments sent to this country, and with
our ministers abroad. _Diplomacy_ signifies the rules and customs which
govern the intercourse of nations through their ministers or agents;
also the management of the business of a nation by its minister at a
foreign court. And such minister, especially if he manages with ability
and skill, is called a _diplomatist_.

Sec.4. The secretary of state keeps the seal of the United States; and he
makes out, records, and seals all civil commissions to officers
appointed by the president and senate, or by the president. His duties
in relation to the publishing and distributing the laws, and certain
other matters, are similar to the duties of a secretary of state of a
state government.

Sec.5. The _secretary of the treasury_ has charge of the finances of the
nation. He superintends the collection of the revenue, and performs
certain other duties of the nature of the controller or auditor of a
state. (Chap. XIII, Sec.3.) He lays before congress annually a report of
the finances, containing a statement of the public revenue and
expenditure during the past year, the value of the imports and exports,
and estimates of the revenue and expenditures for succeeding years, and
plans for improving the revenues. He also makes annually a statement of
appropriations of money, and of sums remaining, in the treasury.

Sec.6. The vast amount of business in this department requires a great
number of assistants; among whom are several controllers and auditors of
accounts; a treasurer, a register, who keeps the accounts of goods
imported and exported, and of the shipping employed in our foreign
trade; a solicitor; a recorder; and numerous clerks.

Sec.7. The _secretary of the interior_ superintends the business relating
to the public lands, public buildings, the lead mines and other mines of
the United States, Indian affairs, patents, and pensions. A _pension_ is
a yearly allowance to a person by the government for past services. In
this country pensions are granted for services in war. They were at
first allowed only to such as had been disabled in the war of the
revolution and in the war of 1812; and subsequently to all who had
served at least six months in the revolutionary war, and to their widows
during their lives. Those disabled in the late war with Mexico have also
been added to the pension list. And by recent acts of congress, bounties
of lands were to be allowed to all the surviving soldiers of the war of
1812, who had served one month therein.

Sec.8. The _secretary of war_ performs duties relating to military
commissions, or to the land forces and warlike stores of the United
States. The standing army of the nation consists at present of about
15,000 men, who are distributed among the several military stations,
armed and ready for service. He reports annually a statement of the
expenditure and application of moneys drawn from the treasury for his
department, and makes such suggestions relative to its condition as he
thinks proper. He is assisted by subordinate officers and clerks.

Sec.9. The _secretary of the navy_ executes the orders of the president for
procuring naval stores and materials, and for equipping and employing
vessels of war, and performs such other duties pertaining to the naval
establishment as are required of him. Three officers are appointed by
the president and senate, who constitute a board of _commissioners for
the navy_, and discharge the ministerial duties of the office of the
secretary, and furnish estimates of the expenditures of the department.

Sec.10. The _postmaster-general_ establishes post-offices, appoints
postmasters and other persons employed in the general post-office, and
provides for carrying the mails. He is assisted by three assistant
post-masters-general, an auditor of the post-office treasury, to audit
and settle the accounts of the department, and to superintend the
collection of the debts due the department. The business of this
department requires a large number of clerks. He reports annually all
contracts made for the transportation of the mail, and a statement of
the receipts and expenditures of the department.

Sec.11. Postmasters keep an account of all letters sent from and received
at their respective offices, stating the names of the offices from which
letters are received, and of those to which letters are sent, and
whether they are post paid or sent free. Postmasters, at stated periods,
(in most places quarterly,) advertise all letters remaining in their
offices; and they send quarterly to the general post-office accounts of
letters sent and received, and of moneys received for postage, and of
those paid out on orders of the department. Letters also which have lain
in their offices during the time for which they were required to be
advertised, are sent as _dead_ letters to the general post-office, where
they are opened; and such as contain money or other valuable matter are
returned by mail to the writers.

Sec.12. Postmasters are allowed for their services a commission on the
amount of postage received by them quarterly. Those at whose offices the
sums received are small, are allowed a greater per centage than those
where the receipts are large. Thus, the commission at present (1859) is,
on the first $100 received, sixty per cent.; on the next $300, fifty per
cent.; on the next $2,000, forty per cent.; on all over 2,400, fifteen
per cent. Stamped letters are considered as paid in cash. On newspaper
postages, fifty per cent, on all sums, large or small. If a postmaster's
commission exceeds $2,000 a year, besides the expenses of the office,
the excess is paid to the general post office. Postmasters may also
receive for pigeon-holes or boxes, not exceeding $2,000, the excess, if
any, to be paid to the general post-office. Postmasters whose
compensation amounts to $1,000 or more in a year, are appointed by the
president and senate.

Sec.13. Postmasters whose commission on postages has been less than $200
during the preceding year, may receive and send, free of postage,
letters on their own private business, weighing not more than half an
ounce. And members of congress, during their term of office, and until
the first of December after its expiration, may send and receive letters
and packages weighing not more than two ounces, and all public documents
free. A person to be entitled to send matter free, must write on the
outside his name and the title of his office. This is called _franking_.
Civil officers at the seat of government also may frank matter relating
to the business of their offices, by marking it outside, "official
business."

Sec.14. The _attorney-general_ attends to all suits in the supreme court of
the United States in which the United States is a party or is concerned,
and gives his opinions on questions of law when requested by the
president or heads of departments.

Chapter XLII.

Judicial Department.

Sec.1. We come now to the third article of the constitution. The first two
sections provide for the organization, and prescribe the powers, of the
courts of the United States. The want of a national judiciary was a
material defect of the confederation. Dependence upon the state courts
to enforce the laws of the union, subjected the government to great
inconvenience and embarrassment. A government that has a legislature
and an executive, should also have a judiciary to judge of and interpret
the laws. The constitution declares that "the judicial power of the
United States shall be vested in one supreme court, and in such inferior
courts as the congress may ordain and establish." Under the authority
here given, congress passed the judiciary act of 1789, by which the
several courts of the United States were established.

Sec.2. The same section declares, "The judges of both the supreme and
inferior courts shall hold their offices during good behavior." In no
other department of the general government are offices held for so long
a term, which is virtually for life, unless removed on impeachment, or
for inability. To insure a correct and impartial administration of
justice, the judges should be independent. If they could be displaced at
the pleasure of the appointing power, or by frequent elections, they
might be tempted to conform their opinions and decisions to the wishes
of those on whom they were dependent for continuance in office. The
object of the framers was to remove them as far as possible from party
influence.

Sec.3. It is further provided, with a view to the independence of the
judges, that their "compensation shall not be diminished during their
continuance in office." Salaries are fixed by congress. To give congress
power over the purse of an officer, is to give it power over his will.
Dependence upon the legislature would be as great an evil as dependence
upon the appointing power. Besides, men generally selected for high
judicial offices are eminent lawyers, pursuing a lucrative professional
business; and, without a liberal salary, men of the greatest ability
would not accept these offices; or if in office, an essential reduction
of their compensation might induce them to resign their offices.

Sec.4. The next section enumerates the cases to be tried in these courts.
It is evident from their nature that state courts are not the proper
tribunals to try them. Also all violations of the laws of the United
States are tried in the national courts. Thus, the counterfeiting of
United States coin, murder and other crimes committed on the sea, beyond
the jurisdiction of a state, smuggling goods, that is, secretly
importing dutiable goods without paying the duties, infringements of
patent rights, &c., are prosecuted in courts of the United States.

Sec.5. The third clause of this section declares, that "the trial of all
crimes, except in cases of impeachment, shall be by jury; and such trial
shall be held in the same state where the said crimes shall have been
committed." This is intended to secure the trial of the accused among
his friends and acquaintances, and near the residence of his witnesses,
whose attendance in a distant state could not be had without great
inconvenience and expense, which might deprive him of the benefit of an
important witness.

Sec.6. There are three kinds of national courts: the supreme court, circuit
courts, and district courts. Every state constitutes at least one
district. The larger states are divided into two or more districts. In
each district is a _district judge_, who holds a court four times a
year. There are also in each district, a _district attorney_, to conduct
suits on the part of the United States, and a _marshal_, whose business
is similar to that of a sheriff. This court tries the more common civil
cases, arising under the laws of the United States, and the lower crimes
against the laws of the United States, committed on land and sea. This
court has in some cases a jury.

Sec.7. There are nine _circuits_, each embracing several states. In each
circuit is a justice or a judge, who holds a court in his circuit twice
a year. The district judge of the district in which a circuit court is
held, sits with the circuit judge in holding a circuit court. This court
tries causes between citizens of different states, between aliens and
citizens, and those in which the United States are a party. It also
tries some cases in appeal from the district courts. It tries matters
relating to affairs on the high seas, and all felonies punishable with
death. It has a grand and a petit jury.

Sec.8. The _supreme court_ is composed of the nine judges of the circuit
courts, one of whom is chief-justice, the others are called associate
justices. It holds one session annually at the seat of government,
commencing in January or February, and continuing about two months. It
will be seen from this section of the constitution, that this court has
_original_ jurisdiction in but few cases. Its principal business is to
rejudge cases brought up from the circuit courts.

Sec.9. An important object of a supreme court of the United States, is to
secure a correct and uniform interpretation of the constitution and laws
of the United States. State laws and decisions of state courts, are
sometimes made which are supposed to be repugnant to the constitution
and laws of the United States. What may be pronounced constitutional in
one state, may be declared unconstitutional in another. Therefore it is
provided that when an act or judgment in a case tried in the highest or
last court in a state is deemed inconsistent with the constitution or
laws of the United States, such case may be removed to the supreme court
of the United States, whose decision governs the judgment of all
inferior courts throughout the union.

Chapter XLIII.

Treason, defined; its Punishment.

Sec.1. The constitution defines treason, as follows: "Treason against the
United States shall consist only in levying war against them, or in
adhering to their enemies, giving them aid and comfort." Art. 3, sec. 3.
A proneness to construe less aggravated crimes into acts of treason,
made it proper that the constitution should define the crime. The term
_levying war_ has the sense here which it was understood to have in the
English statute, from which it was adopted. An assemblage of men for a
treasonable purpose, such as war against the government, or a revolution
of any of its territories, and in a condition to make such war,
constitutes a levying of war.

Sec.2. War can be levied only by the employment of force; troops must be
embodied; men must be openly raised; but there may be treason without
arms, or without the application of force to the object. When war is
levied, all who perform a part, however remote from the scene of action,
being leagued in the conspiracy, commit treason. But a mere conspiracy
to levy war is not treason. A secret, unarmed meeting of conspirators,
not in force, nor in warlike form, though met for a treasonable purpose,
is not treason; but these offenses are high misdemeanors.

Sec.3. The constitution also prescribes the proof necessary for the
conviction of treason. "No person shall be convicted of treason, unless
on the testimony of two witnesses to the same overt act, or on
confession in open court." No evidence less than this should be
considered sufficient to convict a person of a crime for which he is to
suffer death.

Sec.4. "Congress shall have power to declare the punishment of treason."
Art. 3, sec. 3. By the common law, the punishment of treason was of a
savage and disgraceful nature. The offender was drawn to the gallows on
a hurdle; hanged by the neck and cut down alive; his entrails taken out
and burned while he was yet alive; his head cut off; and his body
quartered. Congress, in pursuance of the power here granted, has very
properly abolished this barbarous practice, and confined the punishment
to simple death by hanging.

Sec.5. But the same clause provides, that "no attainder of treason shall
work corruption of blood, or forfeiture, except during the life of the
person attainted." _Attainder_ literally signifies a staining, or
rendering impure; but it here means a conviction and judgment in court
against the offender. By the common law, the sentence of death for
treason was made to affect the _blood_ of the traitor; so that he could
neither inherit property nor transmit it to heirs; but his estate was
forfeited. This practice, so unjust to the innocent relatives of an
offender, is properly abolished by the constitution; and congress has
declared that "no conviction or judgment shall work corruption of blood,
or any forfeiture of estate." So that while this law continues, there is
no forfeiture, even during the life of the person attainted.

Chapter XLIV.

State Records; Privilege of Citizens; Fugitives; Admission of New
States; Power over Territory; Guaranty of Republican Government.

Sec.1. "Full faith and credit shall be given in each state to the public
acts, records, and judicial proceedings of every other state. And the
congress may, by general laws, prescribe the manner in which such acts,
records, and proceedings shall be proved and the effect thereof." Art.
4, sec. 1. Without this provision, a person against whom a judgment has
been obtained, might remove with his property into another state, where
the property could not be taken on execution without a new trial and
judgment; which, at so great a distance from the residence of the
creditor and his witnesses, would be very difficult and expensive, and
perhaps impossible. Now, the proceedings of the court in which a
judgment is obtained, if sent to the place where the debtor resides,
have the same effect as in the state in which such proceedings were
taken.

Sec.2. There are several other cases which this provision is intended to
meet. But, as is seen, the effect of these acts, records, and judicial
proceedings, and the manner of proving them are to be prescribed by
congress. In pursuance of the power here granted, congress has enacted,
that a certificate under seal of the clerk of a court of record,
transmitted to any state of the union, shall there be deemed evidence
of the facts therein stated. But if the thing certified is a judicial
proceeding, such sealed certificate must be accompanied by the
certificate of the presiding judge or justice, that the attestation of
the clerk is in due form. Acts of a state legislature, to be entitled to
credit in another state, must have the seal of the state affixed to
them.

Sec.3. The next section of this article provides, that "the citizens of
each state shall be entitled to all the immunities and privileges of
citizens in the several states." This means that the citizens of any
state going into other states, shall not, by the laws of those states,
be deprived of any of the privileges of citizens; but shall be entitled
to the privileges which are enjoyed by persons of the same description
in the states to which they remove. Without such a provision, any state
might deny to citizens coming into it from other states, the right to
buy and hold real estate, or to become voters, or to enjoy equal
privileges in trade or business. A state may, however, prescribe a
certain term of residence therein as a qualification for voting at
elections.

Sec.4. The next clause of this section provides for apprehending "a person
charged with crime, who shall flee from justice and be found in another
state." The governor of the state from which such person has fled, sends
a requisition to the governor of the state in which he is found,
demanding his delivery to the proper officers, to be conveyed back for
trial. Without such authority to apprehend criminals, they might escape
justice by taking shelter in another state.

Sec.5. In the same section it is provided, that "no person held to service
or labor in one state, under the laws thereof, escaping into another,
shall, in consequence of any law or regulation therein, be discharged
from such service or labor, but shall be delivered up on claim of the
party to whom such service or labor may be due." This clause was
intended for the benefit of the slaveholding states. By the common law,
a slave escaping into a non-slaveholding state became free. As it was
presumed that other northern states would follow Massachusetts in
abolishing slavery, the southern states wanted some provision to enable
them to reclaim their fugitive slaves.

Sec.6. The manner in which slaves are to be reclaimed, is prescribed by an
act of congress. The owner of a runaway slave, finding him in a free
state, arrests him and brings him before a magistrate; and if he proves
his title to the slave to the satisfaction of the magistrate, the slave
is delivered to the owner or claimant. Free colored persons have
sometimes been arrested, and, on false testimony, delivered to
claimants, taken to slave states and held as slaves. Hence the opinion
prevails extensively that a person claimed as a slave should be entitled
to trial by a jury; and that the fact of his being a slave should be
proved to the satisfaction of a jury before his delivery to a claimant.
Many persons, believing freedom to be the natural right of all men, hold
that all laws for returning fugitive slaves are wrong, and ought not to
be obeyed.

Sec.7. The first clause of the next section provides, that "new states may
be admitted into this union," and requires the consent of congress and
of the states concerned, to the formation of new states from old ones. A
provision of this kind was deemed necessary in view of the large extent
of vacant lands within the United States, and of the inconvenient size
of some of the states then existing. The territory north-west of the
Ohio river had been ceded to the general government by the states
claiming the same; and a territorial government had already been
established therein by the celebrated ordinance of 1787. From this
territory have since been formed and admitted, the states of Ohio,
Indiana, Illinois, Michigan and Wisconsin.

Sec.8. South of the Ohio river also was a large tract, principally
unsettled, within the chartered limits of Virginia, North Carolina and
Georgia, extending west to the Mississippi river, from which, it was
presumed, new states would be formed. Justice, however, to these states,
as well as to others in all future time, required the general provision
above mentioned, that "no state should be divided without the consent of
its legislature and of congress."

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