The Government Class Book by Andrew W. Young

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Sec.14. To hold the indorser of a note responsible, payment must be
demanded of the maker on the last day of grace. As to the time of day
when the demand should be made, it is considered that the maker is
entitled to the latest convenient time within the customary business
hours of the place where the note is presented.

Sec.15. If payment has been demanded and refused, notice thereof must be
given to the indorser; and one entire day is allowed the holder to give
the notice. If the demand is made on Saturday, it is sufficient to give
notice on Monday. If the indorser resides in the same town, he may be
notified personally by the holder, or by a messenger sent to his
dwelling-house, where notice may be given personally, or left in a way
likely to bring it to his knowledge. If the parties reside in different
towns, notice may be sent by mail; in which case, the notice must be
put into the post-office, as early as the next day after the last day of
grace, so as to be forwarded as soon as possible thereafter: or notice
may be sent by a private conveyance or a special messenger.

Sec.16. If, in consequence of the removal of the maker before the note
becomes due, or from any other cause, his residence is unknown, the
holder must make endeavors to find it, and make the demand there;
though, if he has removed out of the state, it is sufficient to present
the note at his former place of residence. If the maker has absconded,
that will, as a general rule, excuse the demand.

Sec.17. Notes, on being transferred, are guarantied by indorsement. If a
person simply writes his name on the back, he is liable as indorser
only. If he guarantees "the payment of the note," he is generally
considered liable as an original promisor. If he guaranties the note
"good," or "collectable," the maker, and the indorsers also, if any,
must be sued, before the guarantor is liable. Strict notice to a
guarantor is not required to bind him, as in the case of an indorser.
But to hold him liable in case immediate notice is not given, or the
note is not immediately sued, it must be shown that he has not suffered
injury from want of notice, or that the note was not collectable of the
maker or indorsers when due. But the kind of liability incurred, whether
that of indorser, original promisor, or surety, by indorsing a note or
guarantying payment, is not the same in all the states. There are sundry
other points in the law relating to promissory notes, on which the
statutes and judicial decisions are not uniform in all the states.

Chapter LXI.

Bills of Exchange; Interest; Usury.

Sec.1. A bill _of exchange_ is a written order or request to a person in a
distant place, to pay a third person a certain sum of money. The
following is a common form:

$1,000. New-York, August 10, 1859.

Twenty days after date, (or at sight, or ten days after sight,) pay
to the order of John Stiles, one thousand dollars, value received,
and charge the same to account of

To George Scott, Thomas Jones.

New Orleans, La.

Sec.2. Bills drawn on persons in foreign countries, are called _foreign_
bills of exchange; those drawn on persons in distant places in our own
country, are called _inland_ bills of exchange. To persons in mercantile
business they are of great convenience, as will be seen from the
following example of their nature and operation.

Sec.3. A, in New-York, has $1,000 due him from B, in New Orleans. A draws
an order on B for that sum, and C, who is going to New Orleans, pays A
the money, takes the order, and receives his money again of B. Thus A is
accommodated by receiving his debt against B, and O has avoided the risk
of carrying the money from place to place. A, who draws the order, or
bill, is called the _drawer_. B, to whom it is addressed, is the
_drawee_; C, to whom it is made payable, is the _payee_. As the bill is
payable to C, or his order, he may, by indorsment, direct the bill to be
paid to D; in which case C becomes the _indorser_, and D, to whom the
bill is indorsed, is called the _indorsee_ or _holder_.

Sec.4. If, when a bill is presented to the drawee, he agrees to pay it, he
is said to _accept_ the bill, and writes his acceptance upon it. An
acceptance may, however, be by parol. The acceptor of a bill is the
principal debtor; the drawer, the surety. The acceptor is bound, though
he accepted without consideration, and for the sole accommodation of
the drawer. But payment must be demanded on the last day of grace; and,
if refused, notice of non-payment must be given to the drawer, as in the
case of an indorsed promissory note. (Chap. LX, Sec.15.)

Sec.5. No precise time is fixed by law at which bills payable at sight or a
certain number of days after sight, must be presented to the drawee for
acceptance; though an unreasonable delay might discharge the drawer. A
bill payable on a certain day after date, need not be presented before
the day of payment, but if presented before due, and acceptance is
refused, it is dishonored; and notice must be given immediately to the
drawer. If a bill has been accepted, payment must be demanded of the
acceptor, when the bill falls due; and if no place is appointed for
payment, the demand must be made at his house or residence, or upon him
personally.

Sec.6. A check upon a bank, (Chap. XXIV, Sec.3,) is another kind of negotiable
paper. It partakes more of the nature of a bill of exchange than of a
promissory note. It is not a direct promise to pay; but it is an
undertaking, by the drawer, that the drawee shall accept and pay; and
the drawer is answerable only when the drawee fails to pay. A check
payable to bearer passes by delivery; and the bearer may sue on it as on
an inland bill of exchange.

Sec.7. When a foreign bill of exchange is to be presented for acceptance or
payment, demand is usually made by a _notary public_; and in case of
refusal, his certificate of the presentment of the bill and of the
refusal, is legal proof of the fact in any court. This certificate is
called _protest_, which means, _for proof_. A protest may be noted on
the day of the demand; though it may be drawn up in form at a future
period. Notaries are appointed in all towns and cities of commercial
importance.

Sec.8. A protest of an inland bill of exchange is not generally deemed
necessary in this country; though it is the practice to have bills,
drawn in one state on persons in another, protested by a notary. No
protest is legal evidence in court, except in the case of a foreign
bill. Yet it is expedient, in many cases of inland bills, to employ
notaries when evidence is to be preserved, because they are easily found
when wanted as witnesses. In some states, bills drawn in one state and
payable in another, are deemed foreign bills; and their protest as such
is required. Notes payable at banks are also protested for non-payment.

Sec.9. _Interest_ is a premium paid for the use of money, or a profit per
cent, received for money lent, or on an unpaid demand. Thus a person
lends $1,000 to another person, who pays for the use of it six per cent,
a year, or $6 for every hundred, as interest. The rate of interest is
fixed by a law of the state.

Sec.10. The established lawful rates of interest in the several states are
as follows: _Six_ per cent, in all but the following: In New-York,
Michigan, Wisconsin, Minnesota, _seven_ per cent.; in Alabama and Texas
_eight_ per cent.; in Louisiana, _five_ per cent.; bank interest _six_;
in California, _ten_ per cent. But there may be taken by special
agreement, in Florida and Louisiana, _eight_ per cent.; in Mississippi,
Arkansas, Ohio, Missouri, Iowa, _ten_; in Texas and Wisconsin, _twelve_;
in Minnesota and California, any rate. In Illinois and Michigan, for
money loaned, it may be _ten_. In Mississippi, for the _bona fide_ use
of money _eight_ per cent.

Sec.11. A rate of interest beyond that which is established by law, is
_usury_. Not only can no more be collected on any contract or obligation
than the legal rate, but in most of the states there is some forfeiture
for taking usurious interest. In a few, the obligation is void, and the
payment of no part of the debt can be enforced by law; in others, twice
or thrice the excess above the lawful interest is forfeited; and in
some, only the excess paid can be recovered.

Chapter LXII.

Crimes and Misdemeanors.

Sec.1. The statutes of each state define the crimes of which its laws take
cognizance. The definitions given in this chapter, agree substantially,
it is presumed, with those of similar crimes in every state in the
union. The statutes also prescribe the penalties, which are not
precisely the same in all the states. Nor is there in any state an equal
measure of punishment inflicted in all cases for the same offense. The
laws usually declare the longest and the shortest terms of imprisonment,
and the highest and lowest fines, leaving the exact measure of
punishment, except for crimes punishable by death, to the discretion of
the judges, to be fixed according to the aggravation of the offense.

Sec.2. The laws of the several states differ in respect to the number of
crimes made punishable by death. In some states the penalty of death is
annexed to the crime of murder only. Treason is punishable by death; but
as this offense is defined and made punishable by the laws of the United
States, not all the states take cognizance of it. If committed in such
states, it is tried in the courts of the United States. In New York,
murder, treason, and arson in the first degree, are punishable by death.
Few states make more than these crimes thus punishable. In two or three
states, the penalty of death has been abolished, and imprisonment for
life substituted.

Sec.3. Crimes punishable by death, are called _capital_ crimes, and their
punishment is called _capital_ punishment. The word capital is from the
Latin _caput_, which means head; and so has come to signify the highest
or principal. Hence, probably, the application of the word capital to
the principal crimes receiving the highest punishment, which was
formerly practiced extensively in other countries by beheading or
_decapitating_ the criminals.

Sec.4. _Treason_ is defined by statute to be, levying war in any state
against the people of the state; or a combination of two or more
persons, attempting by force to usurp or overturn the government of the
state; or in adhering to enemies of the state while separately engaged
in war with a foreign enemy, and giving them aid and comfort.

Sec.5. _Murder_ is the killing of a person deliberately and maliciously,
and with intent to effect death; or killing a person in committing some
other crime, though not with a design to effect death; or in killing a
person purposely and without previous deliberation. The less aggravated
cases of murder, are in some states distinguished as murder in the
second degree, and punished by imprisonment for a long term, or for
life.

Sec.6. _Manslaughter_ is killing a person either upon a sudden quarrel, or
unintentionally while committing some unlawful act. The statutes of New
York define four different degrees of manslaughter.

Sec.7. _Arson_ is maliciously burning any dwelling-house, shop, barn, or
any other building, the property of another. Arson in the first degree,
which is burning an inhabited dwelling _in the night time_, is in some
states punishable with death.

Sec.8. _Homicide_ signifies mankilling. It is of three kinds: felonious,
justifiable, and excusable. When felonious, it is either murder or
manslaughter. _Justifiable_ homicide is that which is committed in the
necessary defense of one's person, house, or goods, or of the person of
another when in danger of injury; or that which is committed in lawfully
attempting to take a person for felony committed, or to suppress a riot,
or to keep the peace. _Excusable_ homicide is the killing of a person by
accident, or while lawfully employed, without any design to do wrong. In
the two last cases there is no punishment.

Sec.9. Intentionally _maiming_ another by cutting out or disabling the
tongue or any other member or limb; inveigling or _kidnapping_;
_decoying_ and taking away children; _exposing children_ in the street
to abandon them; committing or attempting an assault with _intent to
kill_, or to commit any other felony, or in resisting the execution of a
legal process; _administering poison_ without producing death;
_poisoning any well_ or spring of water; are all felonies, and
punishable as such.

Sec.10. _Burglary_ is maliciously and forcibly breaking into and entering
in the night time, any dwelling-house or other building, with intent to
commit a crime. Breaking into and entering a house by day, is considered
a minor degree of burglary.

Sec.11. _Forgery_ consists in falsely making, counterfeiting, or altering
any instrument of writing, with intent to defraud. The word
_counterfeiting_ is generally applied to making false coin or bank
notes, or in passing them; or in having in possession any engraved
plate, or bills unsigned, which are intended to be used for these
purposes.

Sec.12. _Robbery_ is the taking of personal property from another in his
presence and against his will, by violence, or by putting him in fear of
immediate injury to his person. Knowingly to send or deliver, or to make
for the purpose of being sent, a letter or writing, threatening to
accuse any one of crime, or to do him some injury, with intent to extort
or gain from him any money or property, is considered an _attempt to
rob_, for which the offender may be imprisoned.

Sec.13. _Embezzlement_ is fraudulently putting to one's own use what is
intrusted to him by another. To buy or receive property knowing it to
have been embezzled, is to be guilty of the same offense. Embezzling is
usually punishable in the same manner as larceny of the same amount.

Sec.14. _Larceny_ is theft or stealing. The stealing of property above a
certain amount in value is called _grand larceny_, and is a state prison
offense. If the value of the property stolen is of less amount, the
offense is called _petit larceny_, and is punished by fine or
imprisonment in jail or both.

Sec.15. _Perjury_ is willfully swearing or affirming falsely to any
material matter, upon an oath legally administered. _Subornation of
perjury_ is procuring another to swear falsely; punishable as perjury.

Sec.16. _Bribery_ is promising or giving a reward to a public officer, to
influence his opinion, vote or judgment. A person _accepting_ such
bribe, is punishable in the same manner, and forfeits his office, and,
in some states, may never hold another public trust. This offense is not
in all the states punishable by imprisonment in the state prison.

Sec.17. _Dueling_ is a combat between two persons with deadly weapons.
Killing another in a duel is murder, and punishable with death. If death
does not ensue, imprisonment. Challenging, or accepting a challenge to
fight, or to be present as a second, imprisonment. Dueling is not a
punishable offense in every state.

Sec.18. Aiding or attempting to aid a prisoner committed for felony, to
_escape from confinement_, or forcibly rescuing a prisoner charged with
crime, from the custody of a public officer, is a crime. If the offense
for which the prisoner is committed is less than felony, the punishment
is imprisonment in jail, or fine, or both.

Sec.19. _Bigamy_ is the crime of having two or more wives, and is also
called _polygamy_. But bigamy literally signifies having _two_ wives,
and polygamy any number more than one. These words, in law, are applied
also to women having two or more husbands. A person having a lawful
husband or wife living, and marrying another person, is guilty of
bigamy. An unmarried person, also, who shall marry the husband or wife
of another, is punishable in like manner.

Sec.20. _Incest_ is the marrying or cohabiting together as husband and
wife, of persons related to each other within certain degrees.

Sec.21. _Opening a grave_ and removing a dead body for any unlawful
purpose, or purchasing such body knowing it to have been unlawfully
disinterred, is a crime. This offense is in some states punishable by
imprisonment in a county jail, or by fine, and not in a state prison.

Sec.22. Persons sometimes advise or are knowing to the commission of
felonies, but are not actually engaged in committing them. Such are
_accessories_. He who advises or commands another to commit a felony, is
called an _accessory before the fact_, and is punished in the same
manner as the principal. If he conceals the offender after the offense
has been committed, or gives him any aid to prevent his being brought to
punishment, he is an _accessory after the fact_, and may be imprisoned
or fined.

Sec.23. _Assault and Battery_ is unlawfully to assault or threaten, or to
strike or wound another. Besides being liable to fine and imprisonment,
the offender is liable also to the party injured for damages.

Sec.24. A _riot_ is the assembling together of three or more persons, with
intent forcibly to injure the person or property of another, or to break
the peace; or agreeing with each other to do such unlawful act, and
making any movement or preparation therefor, though lawfully assembled.
When riotous persons are thus assembled, and are proceeding to commit
offenses, any judge, justice, sheriff, or other ministerial officer, may
in the name of the state, command them to disperse. If they refuse, the
peace officers are required to call upon all persons near to aid in
taking the rioters into custody. Persons refusing to assist may be
fined.

Sec.25. A sheriff or other officer voluntarily suffering a prisoner charged
with or convicted of an offense, to _escape_, from his custody, is
guilty of a misdemeanor. To _rescue_ a prisoner thus charged or
convicted, is punishable in a similar manner. It is also a misdemeanor
to assist a criminal, with a view to effect his escape, though he does
not escape from jail.

Sec.26. A person taking upon himself to act as a public officer, and taking
or keeping a person in custody unlawfully or without authority, is
_false imprisonment_; for which the offender may be fined or imprisoned.

Sec.27. The offenses mentioned in the last four sections, being of a lower
grade than those defined in the preceding sections, and not being
punishable in a state prison, are usually called _misdemeanors_, and are
punishable by fine or imprisonment in a county jail. There are numerous
other misdemeanors and immoralities, as profane cursing and swearing,
betting and gaming, horse racing, disturbing religious meetings,
sabbath-breaking, trespasses and injury to property, and many disorderly
practices, all of which are punishable in a like manner.

Law of Nations.

Chapter LXIII.

Origin and Progress of the Law of Nations; the Natural, Customary, and
Conventional Laws of Nations.

Sec.1. The _law of nations_ consists of those rules by which intercourse
between nations is regulated. In its present improved state, the law of
nations has not long existed. Ancient nations were little governed by
the principles of natural justice. Little respect was paid by one nation
to the persons and property of the citizens of another. Robbery on land
and sea was not only tolerated, but esteemed honorable; and prisoners of
war were either put to death, or reduced to slavery. By this rule of
national law, commerce was destroyed, and perpetual enmity kept up
between nations.

Sec.2. Within the last three or four centuries, essential improvement in
the law of nations has been made. By the light of science and
Christianity, the rights and obligations of nations have come to be
better understood, and more generally regarded. Commerce also has done
much to improve the law, by showing that the true interests of a nation
are promoted by peace and friendly intercourse.

Sec.3. Hence we find the nations of Europe and America recognizing the same
rules of international law. And as the light and power of Christianity
shall increase, the law of nations will undergo still further
improvements. And it is to be hoped, that, as one of these improvements,
the practice of settling national disputes by war will be abolished, and
the more rational and humane course be adopted, of referring
difficulties which the parties are incapable of adjusting, to some
disinterested power for adjudication.

Sec.4. There are, in every nation or state, courts of justice to try and
punish offenders; but there is no tribunal before which one nation can
be brought to answer for the violation of the rights of another. Every
nation, however small and weak, is independent of every other.
Therefore, when injuries are committed by one upon another, the offended
party, unless it chooses quietly to endure the wrong must seek redress,
either by appealing to the sense of justice of the party offending, or
by a resort to force.

Sec.5. Every nation has a right to establish such government as it thinks
proper; and no other nation has a right to interfere with its internal
policy. To this rule, however, some writers make an exception. They hold
that the natural right of a state to provide for its own safety, gives
it the right to interfere where its security is seriously endangered by
the internal transactions of another state. But it is admitted that such
cases are so very rare, that it would be dangerous to reduce them to a
rule.

Sec.6. So cases seldom arise in which one nation has a right to assist the
subjects of another in overturning or changing their government. It is
generally agreed, that such assistance may be afforded consistently with
the law of nations, in extreme cases; as when the tyranny of a
government becomes so oppressive, as to compel the people to rise in
their defense, and call for assistance. When the subjects of any
government have carried their revolt so far as to have established a new
state, and to give reasonable evidence of their ability to maintain a
government, the right of assistance is unquestionable. But it is not
clear that, prior to this state of progress in a revolution, the right
to interpose would be justifiable.

Sec.7. There is a sense, however, in which nations are not wholly
independent. Mankind in the social state, as we have seen, are dependent
upon each other for assistance. (Chap. I, Sec.2.) Such is, in a measure,
the mutual dependence of nations. Although the people of every nation
have within themselves the means of maintaining their individual and
national existence, their prosperity and happiness are greatly promoted
by commerce with other nations. And as laws are necessary to govern the
conduct of the individual citizens of a state, so certain rules are
necessary to regulate the intercourse of nations.

Sec.8. It has been observed, also, that the law of nature is a perfect rule
for all moral and social beings, and ought to be universally obeyed.
Equally binding is this law upon nations. It requires each nation to
respect the rights of all others, and to do for them what their
necessities demand, and what it is capable of doing, consistently with
the duties it owes to itself. And the general good of mankind is as
really promoted by the application of this law to the affairs of
nations, as by its application to the affairs of individuals.

Sec.9. The law of nature applied to nations or states as moral persons, is
called the _natural law of nations_. It is also called the _necessary
law of nations_, because nations are morally bound to observe it; and
sometimes the _internal law of nations_, from its being binding on the
conscience.

Sec.10. Although the law of nature, as expressed in the law of revelation,
is a correct rule of human conduct; yet, as much of this law consists of
general principles from which particular duties can not always be
deduced, positive human enactments are necessary to define the law of
nature and revelation. So an important part of the law of nations
necessarily consists of positive institutions. Hence some writers have
divided international law under these two principal heads: the _natural_
law of nations, and the _positive_.

Sec.11. The _positive law of nations_ is founded on usage or custom and
agreement, and may be considered as properly divided into the
_customary_ law of nations, and the _conventional_. The _customary law
of nations_ consists of certain maxims, or is founded on customs and
usages which have been long observed and tacitly consented to by
nations, and have thereby become binding upon all who have adopted them,
so far as their observance does not require a violation of the law of
nature.

Sec.12. A _conventional law of nations_ is one that has been established by
a treaty or league. The word _convention_ usually signifies an assembly
of persons met for some benevolent, political, or ecclesiastical
purpose. It also signifies a treaty, or agreement between nations; and
such agreement or contract, though made without a formal meeting, is
deemed conventional.

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