The Government Class Book by Andrew W. Young

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Sec.12. A truce binds the contracting parties from the time it is made; but
individuals of the nation are not responsible for its violation before
they have had due notice of it. And for all prizes taken after the time
of its commencement, the government is bound to make restitution. During
the cessation of hostilities, each party may, within his own
territories, continue his preparations for war, without being charged
with a breach of good faith.

Sec.13. War is generally terminated, and peace secured, by _treaties of
peace_. The manner of making treaties has been described. (Chap. XL,
Sec.5.) A treaty of peace puts an end to the war, and leaves the
contracting parties no right to take up arms for the same cause.

Sec.14. The parties to a treaty of peace are bound by it from the time of
its conclusion, which is the day on which it is signed; but, as in the
case of a truce, persons are not held responsible for any hostile acts
committed before the treaty was known; and their government is bound to
order and enforce the restitution of property captured subsequently to
the conclusion of the treaty.

Sec.15. War is sometimes terminated by _mediation_. A friend to both
parties, desirous of stopping the destruction of human life, kindly
endeavors to reconcile the parties. The friendly sovereign who thus
interposes, is called _mediator_. Many desolating wars might have been
early arrested in this way, or wholly prevented, had there always been
among friendly powers a disposition to reconcile contending nations.

Synopsis of the State Constitutions.

Maine.

The District of Maine, formerly belonging to the state of Massachusetts,
adopted in convention, October 29, 1819, the present constitution, and
was admitted into the Union as a state, March 15, 1820. The constitution
has received several alterations.

_Electors._ All male citizens, having had a residence in the state three
months, except paupers, persons under guardianship, and Indians not
taxed.

_Legislature._ The house of representatives consists of one hundred and
fifty-one members, apportioned among the counties according to
population; and the number apportioned to each county are apportioned
among the towns according to the population. A representative must have
been a citizen of the United States five years, resided in the state one
year, and in the town or district he is chosen to represent, three
months. Senate, not less than twenty, nor more than thirty-one members,
elected in districts by majority. If a senator is not elected by the
electors, the house and the senators elected choose one from the two
candidates having the highest numbers of votes. Age, twenty-five years,
otherwise qualified as representatives.

A majority constitutes a _quorum_. Bills vetoed by the governor become
laws when re-passed by two-thirds majorities. Also bills become laws if
not returned by the governor within five days, unless their return is
prevented by adjournment, in which case they will become laws unless
returned within three days after the next meeting.

_Executive._ The governor is elected annually, by majority. If no person
has a majority, the house, from those voted for (not exceeding four)
having the highest numbers of votes, elects two, of whom the senate
elects a governor. Age, thirty years, a native citizen, resident of the
state five years. An executive council of seven, chosen annually by the
legislature on joint ballot. Power of appointment is exercised by the
governor and council. No lieutenant-governor.

Secretary of state, treasurer, and attorney-general, are chosen annually
by joint ballot of both houses.

_Judiciary._ A supreme judicial court, and such other courts as the
legislature may establish. Judges of the judicial court are appointed by
the governor and council for seven years; judges and registers of
probate are elected in the counties for four years.

Officers may be removed by impeachment, and by the governor and council
on address of both houses of the legislature.

Amendments to the constitution may be proposed by two-thirds of both
branches, and ratified by the electors at the next annual election.

New Hampshire.

The first constitution of this state was adopted in 1784; the present
one in 1792, and has been amended.

_Electors._ All male citizens, except paupers and persons excused from
paying taxes at their own request, resident in the state six months, and
in the town three months.

_Legislature_--called _general court_. Senate, twelve members, elected
annually in single districts; thirty years of age; inhabitants of the
state seven years, and inhabitants of their respective districts.
Representatives are apportioned among the towns according to ratable
male polls, (male tax-payers;) state residence, two years. Senators and
representatives must be of the Protestant religion. _Quorum_, a
majority.

Bills passed against the veto by two-thirds majorities--also become laws
if not returned within five days, unless the return is prevented by
adjournment.

_Executive._ The governor is elected annually by majority. If no person
has a majority, the two houses elect one of the two highest. Age, thirty
years; inhabitant of the state, seven years, and a Protestant. Council
of five, one in each district, elected annually by majority. Power of
appointment and of pardon exercised by the governor and council. No
lieutenant-governor.

Secretary of state, treasurer, and commissary-general appointed by joint
ballot of both houses.

_Judiciary._ Judicial officers are appointed by the governor and
council; justices of the peace for five years, judges of the higher
courts during good behavior. Judges disqualified at seventy years of
age.

Attorney-general, solicitors, sheriffs, coroners, registers of probate,
and naval and the higher militia officers, are appointed by the governor
and council. County treasurers and registers of deeds are elected in the
counties.

_Amendments._ The sense of the people is taken every seven years; and if
a majority favor a revision, the legislature calls a convention; and any
alterations proposed by the convention must be approved by two-thirds of
the qualified electors who vote thereon.

Vermont.

This state was admitted into the Union in 1791, with a constitution
formed in 1777; the present one was adopted in 1793, and has been
several times amended.

_Electors._ Citizens having resided in the state one year, of quiet and
peaceable behavior, are entitled to all the privileges of freemen, by
taking an oath that, in giving their votes, they will so do it as they
believe will conduce to the best good of the state.

_Legislature._ Senate, thirty members, elected annually; apportioned
among the counties according to population, each county to have at least
one senator; age, thirty years; freemen of the county. Representatives
are elected in towns, each town being entitled to at least one
representative; resident of the state two years, of the town one year.

_Quorum_, a majority. For raising a tax, two-thirds of the members
elected must be present.

Bills vetoed by the governor may be again passed by simple majorities.
Bills not returned by the governor within five days become laws, unless
their return is prevented by adjournment.

_Executive._ The governor is elected annually by majority. If no person
has a majority, the legislature chooses one of the three highest.
Resident of the state four years. A lieutenant-governor.

A secretary of state, chosen by the two houses; a treasurer, elected as
governor and lieutenant-governor.

_Judiciary._ A supreme court and county courts; the judges chosen
annually by the senate and house; justices of the peace are elected in
the towns; judges of probate in districts; assistant judges of county
courts, sheriffs, high bailiffs, and state's attorneys, in their
respective counties.

_Amendments._ A council of thirteen censors, chosen every seven years,
examines into the different departments, and have power to call a
convention to amend the constitution.

Massachusetts.

The constitution of this state was formed in 1780. It has been several
times amended.

_Electors._ Every male citizen, except paupers and persons under
guardianship, having resided in the state one year, in the town or
district six months; and having paid a tax within two years, or is
legally exempt from taxation.

_Legislature_--styled _general court_. Senate, forty members, chosen in
districts, and apportioned according to population; residents of the
state five years, and inhabitants of the districts they represent.
Representatives are apportioned among the towns and cities. Every town
or city containing 1,200 inhabitants, is entitled to one, and an
additional one for every 2,400 additional inhabitants. Residence one
year in the towns they represent.

Bills passed against the veto by two-thirds majorities--or become laws
if not returned within five days, unless the legislature by adjournment,
prevent their return.

_Executive._ The governor is chosen annually, by majority. If no
candidate has a majority, the house elects two of those voted for, (not
exceeding four,) having the highest numbers of votes, of which two the
senate elects a governor. He must have resided in the state seven years,
and declare himself to be of the Christian religion. A council of nine,
elected annually by joint ballot of the two houses, act with the
governor in pardons and appointments, and in directing the affairs of
state generally. Counselors must have resided in the state five years.

The secretary, treasurer, receiver-general, commissary-general, notaries
public, and naval officers, are chosen annually by the legislature.

_Judiciary._ A supreme judicial court and a court of common pleas, held
in every county of the state, and courts held by justices of the peace.
All judicial officers are appointed by the governor and council;
justices of the higher courts during good behavior, justices of the
peace for seven years. The former are removable by the governor and
council, or address of the legislature.

The attorney-general, the solicitor-general, sheriffs, coroners, and
registers of probate, are appointed as justices.

_Amendments_ agreed to by a majority of the senators and two-thirds of
the representatives at two successive sessions, are submitted to the
qualified voters of the state for ratification.

Rhode Island.

A charter granted in 1663, by Charles II, to the Rhode Island and
Providence Plantations, continued, with some modifications, the basis of
government of this state, until 1842, when the present constitution was
adopted.

_Electors._ Every male _native_ citizen, resident in the state two
years, in the town or city six months, and having within a year paid a
tax of $1, or has done military duty. Also every naturalized citizen,
resident in the state one year, in the town or city six months, owning
real estate worth $134 above all incumbrances, or which rents for $7 a
year. Voters in this state must be registered in the town clerk's
office, at least seven days before they offer their votes.

_Legislature_ styled _general assembly_. Representatives, not to exceed
seventy-two, are apportioned among the towns, no town to have more than
one-sixth of the whole house. The senate consists of the
lieutenant-governor and one senator from each town or city. The
governor, and in his absence, the lieutenant-governor, presides in the
senate, and in grand committee, (the two houses united.) _Quorum_, a
majority.

Bills when passed by both houses are laws.

_Executive._ The governor and lieutenant-governor are elected annually
by majority. If no candidate has a majority, the two houses in joint
assembly (grand committee) elect from the two having the highest numbers
of votes.

A secretary, an attorney-general, and a general treasurer, are elected
in the same manner as the governor.

_Judiciary._ A supreme court and such inferior courts as the legislature
shall establish. Judges of the supreme court are elected by the two
houses in grand committee. The judges hold their offices until their
places shall be declared vacant by the general assembly.

_Amendments_ must be agreed to by two successive legislatures, (a
majority of all the members elected to each house voting in their
favor,) and approved by three-fifths of the electors of the state voting
thereon.

Connecticut.

This state was governed under a charter granted by Charles II, in 1662,
until 1818, when the present constitution was adopted. This constitution
has received numerous amendments.

_Electors._ Every white male citizen, who has resided in the state a
year, and in the town six months, who sustains a good moral character,
and is able to read any section of the constitution of the state and of
the constitution of the United States.

_Legislature_--styled _general assembly_. Representatives are
apportioned among the towns according to population. Any elector is
eligible to either house. Senators, not less than eighteen, nor more
than twenty-four, are chosen in districts, the number of which is not to
be less than eight, nor more than twenty-four. _Quorum_, a majority.

Bills rejected by the governor may be again passed by a majority of each
house. Bills become laws also if not returned by the governor within
three days, unless the legislature sooner adjourn.

_Executive._ A governor and lieutenant-governor are elected annually.
Any qualified elector thirty years of age is eligible. Election by
majority. In case of a failure to elect, the general assembly chooses a
governor from the two having the highest numbers of votes.

A treasurer, a secretary, and a controller of public accounts, are
elected as the governor and lieutenant-governor. A sheriff is elected in
each county for three years.

_Judiciary._ A supreme court, a superior court, and such inferior courts
as the legislature shall establish. The judges are appointed by the
general assembly; the judges of the supreme and superior courts for
eight years; removable by the governor on address of two-thirds of each
house. Judges of probate are chosen annually by the electors in
districts; justices of the peace in the towns.

_Amendments_ are proposed by a majority of the house of representatives,
approved by two-thirds of both houses of the next legislature and a
majority of the electors at an election.

New York.

The first constitution of this state was formed in 1777; the second in
1821, and adopted in 1822; the present was formed and adopted in 1846.

_Electors._ Every white male citizen, resident in the state a year, and
in the county four months, and thirty days in the district which the
person voted for is to represent. Naturalized persons must have been
admitted as citizens ten days before voting. Colored men must have
resided in the state three years, own a freehold of $250 in value over
incumbrances, and have paid a tax thereon.

_Legislature._ Senate, thirty-two members elected in single districts
for two years. Assembly, one hundred and twenty-eight members,
apportioned among the counties. Counties entitled to more than one
member are divided into districts and a member is elected in each
district. A census is taken, and a new apportionment made every ten
years. A majority is a quorum to do business. The final passage of bills
requires a majority of all the members. Bills may be passed against the
veto by two-thirds majorities. They become laws if not returned within
ten days, unless their return is prevented by adjournment.

_Executive._ A governor is elected for two years; a citizen, thirty
years of age; a resident of the state five years. A lieutenant-governor.

_Judiciary._ A court of appeals, a supreme court, county courts, and
courts held by justices of the peace. There are eight judicial
districts, in each of which four justices of the supreme court are
elected for eight years, two of them every two years. The court of
appeals is composed of eight judges, four of whom are elected by the
electors of the state for eight years, one every two years, and the
other four are of the class of justices of the supreme court whose term
has most nearly expired. In each county are held circuit courts and
special terms of the supreme court, by one or more justices of the
supreme court. General terms of the supreme court are held in the
several districts by three or more of the justices. A county court is
held by a county judge elected for four years, who is also _surrogate_,
called in other states, _judge of probate_. In counties having more than
40,000 inhabitants, a separate officer may be chosen as surrogate.
Justices of the peace are elected in the several towns for four years.

Judges of the court of appeals and justices of the supreme court may be
removed by the legislature; county judges by the senate on
recommendation of the governor.

A secretary of state, a controller, a treasurer, an attorney-general,
and a state engineer and surveyor, are chosen for two years; three canal
commissioners and three inspectors of state prisons, for three years,
one of each every year.

Sheriffs, clerks of counties, coroners, and district attorneys, are
elected for three years in the several counties. Sheriffs are ineligible
for the next three years.

_Amendments_ must receive the sanction of two successive legislatures,
and of a majority of the electors voting thereon at an election.

New Jersey.

New Jersey, as a colony, adopted a constitution in 1776, under which the
state was governed until the present constitution, framed in 1844, was
adopted.

_Electors._ White male citizens, who have resided in the state a year,
and in the county five months.

_Legislature._ A senate and general assembly. The senate consists of one
senator from each county, elected for three years; one-third of the
senators elected every year. Age, thirty years; residence in the state
four years, and in the county one year. Members of the general assembly,
not to exceed sixty, are apportioned among the counties according to
population. Residence in the state two years, in the county one year. A
majority is a _quorum_.

The final passage of bills requires a majority of the members elected.
The same majorities may pass bills disapproved by the governor. Bills
become laws if not returned by the governor within five days, unless
their return is prevented by adjournment.

_Executive._ The governor is elected for three years, and is ineligible
for the next three years. He must be thirty years of age; have been
twenty years a citizen, seven years a resident of the state. The
pardoning power is exercised by the governor in conjunction with the
chancellor and the judges of the court of errors and appeals. No
lieutenant-governor.

The state treasurer, and the keeper and inspectors of the state prison
are appointed annually by joint assembly of the two houses. The
secretary of state, attorney-general, and prosecutors of the pleas, are
appointed by the governor and senate, for five years.

_Judiciary._ A court of errors and appeals; a court of chancery; a
prerogative court; a supreme court; circuit courts; and inferior courts.
The court of errors and appeals consists of the chancellor, the justice
of the supreme court, and six judges, or a majority of them. The court
of chancery consists of the chancellor, who is also the ordinary, or
surrogate-general, and judge of the prerogative court, to which appeals
are made from the orphans' court. The supreme court consists of a chief
justice and four associates. The circuit courts are held in every county
by one or more justices of the supreme court, or a judge appointed for
that purpose. Chancellor and justices of the supreme court hold for
seven years; judges of the court of errors and appeals for six years;
and all are appointed by the governor and senate. The inferior court of
common pleas shall not have more than five judges, one to be appointed
every year by the senate and assembly.

Justices of the peace, from two to five, are elected in each township
and city ward, for five years.

Sheriffs and coroners are elected annually in their respective counties,
and may be re-elected until they shall have served three years; after
which they are ineligible for three years.

_Amendments_ must be agreed to by two successive legislatures, a
majority of all the members elected to each house concurring, and be
ratified by the electors at an election held for that purpose.
Amendments, (if more than one,) must be submitted separately; and not
oftener than once in five years.

Pennsylvania.

A Constitution was adopted in 1776; another in 1790; the present one in
1838.

_Electors._ White freemen, having resided in the state one year, in the
election district ten days, and paid a tax within two years; if between
twenty-one and twenty-two years, they need not have paid the tax. An
elector having removed from the state and returned, may vote after six
months residence in the state, and ten days in the district, and the
payment of taxes.

_Legislature_--called _general assembly_. Representatives are chosen
annually, and apportioned every seven years among the counties according
to the number of taxable inhabitants; number not less than sixty, nor
more than one hundred. Age, twenty-one; residence in the state three
years, one in the district. Senators are chosen for three years,
(one-third every year,) in districts, not more than two in any district,
unless the taxable inhabitants in any city or county entitle it to elect
more; but no city or county may elect more than four. The whole number
may not be less than one-fourth nor greater than one-third of the number
of representatives. Twenty-five years; state residence, four years;
district, one year.

_Quorum_, a majority of each house. Bills passed against the veto by
two-thirds majorities. Bills not returned by the governor within ten
days, become laws, unless their return is prevented by adjournment.

_Executive._ The governor is elected for three years, and may not hold
the office more than six years in nine Age, thirty years; a citizen and
inhabitant of the state, seven years. No lieutenant-governor.

A secretary is appointed by the governor during pleasure. A treasurer is
chosen annually by joint assembly.

_Judiciary._ Supreme court, the judges elected for fifteen years; courts
of oyer and terminer and general jail delivery in the counties, held by
judges of the supreme court and court of common pleas; a court of common
pleas in each judicial district, which may not include more than five
counties, the presiding judge to hold his office for ten years, the
associates for five years; a court of quarter sessions and orphans'
court for each county, held by judges of the common pleas; a register's
court for each county, composed of the register of wills and judges of
the common pleas; and courts held in the several townships, wards, and
boroughs, by justices of the peace or aldermen elected by the voters
therein, for five years. Judges of the supreme court are elected by the
people of the state at large; others are chosen in the districts or
counties over which they preside.

Sheriffs and coroners are elected in their counties for three years.
Sheriffs may not be twice chosen in any term of six years.

_Amendments_ must be agreed to by majorities of all the members of two
successive legislatures, and ratified by a majority of the electors
voting thereon. Amendments must be voted on separately; and none may be
submitted to the electors oftener than once in five years.

Delaware.

The first constitution of this state was adopted in 1776; the present,
in 1831, and has been amended.

_Electors._ White males twenty-two years of age, having resided in the
state one year, in the county one month, and within two years paid a
county tax assessed at least six months before the election. If
twenty-one, and under twenty-two years of age, they may vote without
having paid any tax.

_Legislature_--called _general assembly_. Representatives are chosen in
counties for two years; must be twenty-four years of age; have been
citizens and inhabitants of the state three years, of the county one
year. Senators are elected in the counties for four years; the number
not to be greater than one-half, nor less than one-third of the number
of representatives. A senator must be twenty-seven years of age; have
been a citizen and an inhabitant of the state three years, of the
county, one year; and possess a freehold estate in the county of two
hundred acres of land, or real and personal property, or either, worth
L1,000, at least.

A majority of each house is a quorum. Bills are not submitted to the
governor.

_Executive._ The governor is elected for four years, and is not
eligible a second time. Thirty years of age; a citizen and inhabitant of
the United States twelve years, of the state, six years. No
lieutenant-governor.

A secretary of state, appointed by the governor during his continuance
in office; a state treasurer, biennially, by a concurrent vote of the
two houses. [By this mode of election, the two houses do not meet and
vote jointly, but they vote separately, as in passing laws.]

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