SEC. V. Each house shall be the judge of the elections, returns

and qualifications of its own members, and a majority of each

shall constitute a quorum to do business; but a smaller number

may adjourn from day to day, and may be authorized to compel

the attendance of absent members, in such manner, and under such

penalties, as each house may provide.

Each house may determine the rules of its proceedings, punish its

members for disorderly behavior, and, with the concurrence of two

thirds, expel a member.

Each house shall keep a journal of its proceedings, and from time

to time publish the same, excepting such parts as may in their

judgment require secrecy; and the yeas and nays of the members of

either house on any question shall, at the desire of one fifth of

those present, be entered on the journal.

Neither house, during the session of congress, shall, without the

consent of the other, adjourn for more than three days, nor to any

other place than that in which the two houses shall be sitting.

SEC. VI. The senators and representatives shall receive a

compensation for their services, to be ascertained by law, and

paid out of the treasury of the United States. They shall, in

all cases except treason, felony, and breach of the peace, be

privileged from arrest during their attendance at the session of

their respective houses, and in going to and returning from the

same; and for any speech or debate in either house, they shall not

be questioned in any other place.

No senator or representative shall, during the time for which he

was elected, be appointed to any civil office under the authority

of the United States, which shall have been created, or the

emoluments whereof shall have been increased, during such time;

and no person holding any office under the United States, shall

be a member of either house during his continuance in office.

SEC. VII. All bills for raising revenue shall originate in the

house of representatives; but the senate may propose or concur

with amendments, as on other bills.

Every bill which shall have passed the house of representatives

and the senate, shall, before it become a law, be presented to the

president of the United States: if he approve, he shall sign it;

but if not, he shall return it, with his objections, to that house

in which it shall have originated, who shall enter the objections

at large on their journal, and proceed to reconsider it. If, after

such reconsideration, two thirds of that house shall agree to pass

the bill, it shall be sent, together with the objections, to the

other house, by which it shall likewise be reconsidered, and if

approved by two thirds of that house, it shall become a law. But

in all such cases, the votes of both houses shall be determined

by yeas and nays, and the names of the persons voting for and

against the bill shall be entered on the journal of each house

respectively. If any bill shall not be returned by the president

within ten days (Sundays excepted) after it shall have been

presented to him, the same shall be a law in like manner as if he

had signed it, unless the congress, by their adjournment, prevent

its return, in which case it shall not be a law.

Every order, resolution, or vote, to which the concurrence of the

senate and house of representatives may be necessary (except on

a question of adjournment) shall be presented to the president

of the United States; and before the same shall take effect,

shall be approved by him, or, being disapproved by him, shall be

repassed by two thirds of the senate and house of representatives,

according to the rules and limitations prescribed in the case of a

bill.

SEC. VIII. The congress shall have power to lay and collect taxes,

duties, imposts and excises, to pay the debts and provide for

the common defence and general welfare of the United States: but

all duties, imposts, and excises shall be uniform throughout the

United States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several

states, and with the Indian tribes;

To establish an uniform rule of naturalization, and uniform laws

on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin,

and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and

current coin of the United States;

To establish post offices and post roads;

To promote the progress of science and useful arts, by securing

for limited times to authors and inventors, the exclusive right

to their respective writings and discoveries;

To constitute tribunals inferior to the supreme court;

To define and punish piracies and felonies committed on the high

seas, and offences against the law of nations;

To declare war, grant letters of marque and reprisal, and make

rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that

use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and

naval forces;

To provide for calling forth the militia to execute the laws of

the union, suppress insurrections, and repel invasions;

To provide for organizing, arming, and disciplining the militia,

and for governing such parts of them as may be employed in the

service of the United States, reserving to the states respectively

the appointment of the officers, and the authority of training the

militia according to the discipline prescribed by congress;

To exercise exclusive legislation, in all cases whatsoever, over

such district (not exceeding ten miles square) as may, by cession

of particular states, and the acceptance of congress, become

the seat of government of the United States, and to exercise

like authority over all places purchased by the consent of the

legislature of the state in which the same shall be, for the

erection of forts, magazines, arsenals, dock yards, and other

needful buildings; and

To make all laws which shall be necessary and proper for carrying

into execution the foregoing powers, and all other powers vested

by this constitution in the government of the United States, or in

any department or office thereof.

SEC. IX. The migration or importation of such persons as any of

the states now existing shall think proper to admit, shall not

be prohibited by the congress prior to the year one thousand

eight hundred and eight, but a tax or duty may be imposed on such

importation, not exceeding ten dollars for each person.

The privilege of the writ of habeas corpus shall not be suspended,

unless when, in cases of rebellion or invasion, the public safety

may require it.

No bill of attainder or ex post facto law shall be passed.

No capitation, or other direct tax, shall be laid, unless in

proportion to the census or enumeration herein before directed to

be taken.

No tax or duty shall be laid on articles exported from any state.

No preference shall be given by any regulation of commerce or

revenue to the ports of one state over those of another: nor shall

vessels bound to or from one state, be obliged to enter, clear, or

pay duties in another.

No money shall be drawn from the treasury, but in consequence of

appropriations made by law; and a regular statement and account

of the receipts and expenditures of all public money shall be

published from time to time.

No title of nobility shall be granted by the United States: And

no person holding any office of profit or trust under them, shall,

without the consent of congress, accept of any present, emolument,

office, or title, of any kind whatever, from any king, prince, or

foreign state.

SEC. X. No state shall enter into any treaty, alliance, or

confederation; grant letters of marque and reprisal; coin money;

emit bills of credit; make any thing but gold and silver coin a

tender in payment of debts; pass any bills of attainder, ex post

facto law, or law impairing the obligation of contracts, or grant

any title of nobility.

No state shall, without the consent of the congress, lay any

imposts or duties on imports or exports, except what may be

absolutely necessary for executing its inspection laws: and

the net produce of all duties and imposts, laid by any state on

imports or exports, shall be for the use of the treasury of the

United States; and all such laws shall be subject to the revision

and control of the congress.

No state shall, without the consent of congress, lay any duty on

tonnage, keep troops, or ships of war in time of peace, enter into

any agreement or compact with another state, or with a foreign

power, or engage in war, unless actually invaded, or in such

imminent danger as will not admit of delay.

ARTICLE II.

SECTION I. The executive power shall be vested in a president of

the United States of America. He shall hold his office during the

term of four years, and, together with the vice president, chosen

for the same term, be elected as follows:

Each state shall appoint, in such manner as the legislature

thereof may direct, a number of electors equal to the whole number

of senators and representatives to which the state may be entitled

in the congress: but no senator or representative, or person

holding an office of trust or profit under the United States,

shall be appointed an elector.

[[80]The electors shall meet in their respective states, and vote

by ballot for two persons, of whom one at least shall not be an

inhabitant of the same state with themselves. And they shall make

a list of all the persons voted for, and of the number of votes

for each; which list they shall sign and certify, and transmit

sealed to the seat of government of the United States, directed

to the president of the senate. The president of the senate

shall, in the presence of the senate and house of representatives,

open all the certificates, and the votes shall then be counted.

The person having the greatest number of votes shall be the

president, if such number be a majority of the whole number of

electors appointed; and if there be more than one who have such

majority, and have an equal number of votes, then the house of

representatives shall immediately choose by ballot one of them for

president; and if no person have a majority, then from the five

highest on the list, the said house shall in like manner choose

the president. But in choosing the president, the votes shall

be taken by states, the representation from each state having

one vote: A quorum for this purpose shall consist of a member or

members from two thirds of the states, and a majority of all the

states shall be necessary to a choice. In every case, after the

choice of the president, the person having the greatest number of

votes of the electors shall be vice president. But if there should

remain two or more who have equal votes, the senate shall choose

from them by ballot the vice-president.]

The congress may determine the time of choosing the electors, and

the day on which they shall give their votes; which day shall be

the same throughout the United States.

No person, except a natural born citizen, or a citizen of the

United States at the time of the adoption of this constitution,

shall be eligible to the office of president; neither shall any

person be eligible to that office who shall not have attained

the age of thirty-five years, and been fourteen years a resident

within the United States.

In case of the removal of the president from office, or his death,

resignation, or inability to discharge the powers and duties of

the said office, the same shall devolve on the vice president,

and the congress may by law provide for the case of removal,

death, resignation, or inability, both of the president and vice

president, declaring what officer shall then act as president,

and such officer shall act accordingly, until the disability be

removed, or a president shall be elected.

The president shall at stated times receive for his services a

compensation, which shall neither be increased nor diminished

during the period for which he shall have been elected, and he

shall not receive within that period any other emolument from the

United States, or any of them.

Before he enter on the execution of his office, he shall take the

following oath or affirmation:――‘I do solemnly swear (or affirm)

that I will faithfully execute the office of president of the

United States, and will, to the best of my ability, preserve,

protect, and defend the constitution of the United States.’

SEC. II. The president shall be commander-in-chief of the army

and navy of the United States, and of the militia of the several

states, when called into the actual service of the United States;

he may require the opinion, in writing, of the principal officer

in each of the executive departments, upon any subject relating to

the duties of their respective offices, and he shall have power to

grant reprieves and pardons for offences against the United States,

except in cases of impeachment.

He shall have power, by and with the advice and consent of the

senate, to make treaties, provided two thirds of the senators

present concur; and he shall nominate, and by and with the advice

and consent of the senate, shall appoint ambassadors, other public

ministers and consuls, judges of the supreme court, and all other

officers of the United States, whose appointments are not herein

otherwise provided for, and which shall be established by law:

but the congress may by law vest the appointment of such inferior

officers, as they think proper, in the president alone, in the

courts of law, or in the heads of departments.

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 their next session.

SEC. III. He shall from time to time give to the congress

information of the state of the union, and recommend to their

consideration such measures as he shall judge necessary and

expedient; he may, on extraordinary occasions, convene both

houses, or either of them, and in case of disagreement between

them, with respect to the time of adjournment, he may adjourn

them to such time as he shall think proper: he shall receive

ambassadors and other public ministers; he shall take care that

the laws be faithfully executed, and shall commission all the

officers of the United States.

SEC. IV. The president, vice-president, and all civil officers

of the United States, shall be removed from office on impeachment

for, and conviction of, treason, bribery, or other high crimes and

misdemeanors.

ARTICLE III.

SEC. I. The judicial powers of the United States shall be vested

in one supreme court, and in such inferior courts as the congress

may from time to time ordain and establish. The judges, both of

the supreme and inferior courts, shall hold their offices during

good behavior, and shall, at stated times, receive for their

services a compensation which shall not be diminished during their

continuance in office.

SEC. II. The judicial power shall extend to all cases, in law and

equity, arising under this constitution, the laws of the United

States, and treaties made, or which shall be made under their

authority;――to all cases affecting ambassadors, other public

ministers and consuls;――to all cases of admiralty and maritime

jurisdiction;――to controversies to which the United States shall

be a party;――to controversies between two or more states;――between

a state and citizen of another state;――between citizens of

different states;――between citizens of the same state claiming

lands under grants of different states, and between a state or

the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers

and consuls, and those in which a state shall be a party, the

supreme court shall have original jurisdiction. In all the other

cases before mentioned, the supreme court shall have appellate

jurisdiction, both as to law and fact, with such exceptions, and

under such regulations as the congress shall make.

The trial of all crimes, except in cases of impeachment, shall be

by jury; and such trial shall be held in the state where the said

crimes shall have been committed; but when not committed within

any state, the trial shall be at such place or places as the

congress may by law have directed.

SEC. III. Treason against the United States shall consist only in

levying war against them, or in adhering to their enemies, giving

them aid and comfort.

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.

The congress shall have power to declare the punishment of treason;

but no attainder of treason shall work corruption of blood, or

forfeiture, except during the life of the person attainted.

ARTICLE IV.

SEC. I. 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.

SEC. II. The citizens of each state shall be entitled to all

privileges and immunities of citizens in the several slates.

A person charged in any state with treason, felony, or other

crime, who shall flee from justice, and be found in another state,

shall, on demand of the executive authority of the state from

which he fled, be delivered up, to be removed to the state having

jurisdiction of the crime.

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.

SEC. III. New states may be admitted by the congress into this

union: but no new state shall be formed or erected within the

jurisdiction of any other state; nor any state be formed by the

junction of two or more states, or parts of states, without the

consent of the legislatures of the states concerned as well es of

the congress.

The congress shall have power to dispose of and make all needful

rules and regulations respecting the territory or other property

belonging to the United States; and nothing in this constitution

shall be so construed as to prejudice any claims of the United

States, or of any particular state.

SEC. IV. The United States shall guarantee to every state in the

union, a republican form of government, and shall protect each of

them against invasion: and on application of the legislature, or

of the executive (when the legislature cannot be convened) against

domestic violence.

ARTICLE V.

The congress, whenever two thirds of both houses shall deem it

necessary, shall propose amendments to this constitution, or, on

the application of the legislatures of two thirds of the several

states, shall call a convention for proposing amendments, which,

in either case, shall be valid to all intents and purposes, as

part of this constitution, when ratified by the legislatures of

three fourths of the several states, or by conventions in three

fourths thereof, as the one or the other mode of ratification

may be proposed by congress: provided that no amendment which may

be made prior to the year one thousand eight hundred and eight

shall in any manner affect the first and fourth clauses in the

ninth section of the first article; and that no state, without its

consent, shall be deprived of its equal suffrage in the senate.

ARTICLE VI.

All debts contracted and agreements entered into, before the

adoption of this constitution, shall be as valid against the

United States under this constitution, as under the confederation.

This constitution, and the laws of the United States which shall

be made in pursuance thereof, and all treaties made, or which

shall be made, under the authority of the United States, shall be

the supreme law of the land; and the judges in every state shall

be bound thereby, any thing in the constitution or laws of any

state to the contrary notwithstanding.

The senators and representatives before mentioned, and the

members of the several state legislatures, and all executive and

judicial officers, both of the United States and of the several

states, shall be bound by oath or affirmation, to support this

constitution: but no religious test shall ever be required as

a qualification to any office of public trust under the United

States.

ARTICLE VII.

The ratification of the conventions of nine states, shall be

sufficient for the establishment of this constitution between the

states so ratifying the same.

AMENDMENTS

To the Constitution of the United States, ratified according to

the provisions of the fifth article of the foregoing Constitution.

[Congress, at its first session, begun and held in the city of

New York, on Wednesday, the 4th of March, 1789, proposed to the

legislatures of the several states, twelve amendments to the

constitution, ten of which, only, were adopted. They are the ten

first following:

The 11th article of the amendments was proposed at the second

session of the third congress, in 1794; and the 12th article at

the first session of the eighth congress in 1804. Both of which

were afterwards adopted by the requisite number of states.]

ARTICLE I. Congress shall make no law respecting an establishment

of religion, or prohibiting the free exercise thereof; or

abridging the freedom of speech, or of the press, or the right of

the people peaceably to assemble, and to petition the government

for a redress of grievances.

ART. II. A well-regulated militia, being necessary to the security

of a free state, the right of the people to keep and bear arms

shall not be infringed.

ART. III. No soldier shall in time of peace be quartered in any

house, without the consent of the owner, nor in time of war, but

in a manner to be prescribed by law.

ART. IV. The right of the people to be secure in their persons,

houses, papers, and effects, against unreasonable searches and

seizures, shall not be violated, and no warrants shall issue,

but upon probable cause, supported by oath or affirmation, and

particularly describing the place to be searched, and the persons

or things to be seized.

ART. V. No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment of

a grand jury, except in cases arising in the land or naval forces,

or in the militia, when in actual service in time of war or public

danger; nor shall any person be subject for the same offence to be

twice put in jeopardy of life or limb; nor shall be compelled in

any criminal case to be a witness against himself, nor be deprived

of life, liberty, or property, without due process of law; nor

shall private property be taken for public use, without just

compensation.

ART. VI. In all criminal prosecutions, the accused shall enjoy the

right to a speedy and public trial, by an impartial jury of the

state and district wherein the crime shall have been committed,

which district shall have been previously ascertained by law,

and to be informed of the nature and cause of the accusation; to

be confronted by the witnesses against him; to have compulsory

process for obtaining witnesses in his favor, and to have the

assistance of council for his defence.

ART. VII. In suits of common law, where the value in controversy

shall exceed twenty dollars, the right of trial by jury shall

be preserved; and no fact tried by a jury, shall be otherwise

re-examined in any court of the United States, than according to

the rules of the common law.

ART. VIII. Excessive bail shall not be required, nor excessive

fines imposed, nor cruel and unusual punishments inflicted.

ART. IX. The enumeration in the constitution, of certain rights,

shall not be construed to deny or disparage others retained by the

people.

ART. X. The powers not delegated to the United States, by the

constitution, nor prohibited by it to the states, are reserved to

the states respectively, or to the people.

ART. XI. The judicial power of the United States shall not be

construed to extend to any suit in law or equity, commenced or

prosecuted against one of the United States by citizens of another

state, or by citizens or subjects of any foreign state.

ART. XII. The electors shall meet in their respective states,

and vote by ballot for president and vice president, one of

whom, at least, shall not be an inhabitant of the same state with

themselves; they shall name in their ballots the person voted

for as president, and in distinct ballots the person voted for

as vice-president, and they shall make distinct lists of all

persons voted for as president, and of all persons voted for as

vice-president, and of the number of votes for each, which lists

they shall sign and certify, and transmit sealed to the seat of

government of the United States, directed to the president of the

senate:――The president of the senate shall, in the presence of the

senate and house of representatives, open all the certificates,

and the votes shall then be counted:――The person having the

greatest number of votes for president, shall be the president,

if such number be a majority of the whole number of electors

appointed; and if no person have such majority, then from the

persons having the highest numbers not exceeding three on the

list of those voted for as president, the house of representatives

shall choose immediately, by ballot, the president. But in

choosing the president, the votes shall be taken by states, the

representation from each state having one vote; a quorum for this

purpose shall consist of a member or members from two thirds of

the states, and a majority of all the states shall be necessary

to a choice. And if the house of representatives shall not choose

a president whenever the right of choice shall devolve upon

them, before the fourth day of March next following, then the

vice-president shall act as president, as in the case of the death

or other constitutional disability of the president. The person

having the greatest number of votes as vice-president shall be the

vice-president, if such number be a majority of the whole number

of electors appointed, and if no person have a majority, then

from the two highest numbers on the list, the senate shall choose

the vice-president; a quorum for the purpose shall consist of

two thirds of the whole number of senators, and a majority of

the whole number shall be necessary to a choice. But no person

constitutionally ineligible to the office of president shall be

eligible to that of vice-president of the United States.

ANALYSIS OF THE STATE CONSTITUTIONS.

MAINE. The legislative power is vested in a senate and a house

of representatives, both elected annually by the people, on the

second Monday in September. These two bodies are together styled

_The Legislature of Maine_. The number of representatives cannot

be less than one hundred, nor more than two hundred. A town

having fifteen hundred inhabitants is entitled to send one

representative; but no town can ever be entitled to more than

seven representatives. The number of senators cannot be less than

twenty, nor more than thirty-one. The executive power is vested in

a governor, who is elected annually by the people, on the second

Monday in September, and his term of office commences on the

first Wednesday in January. A council of seven members is elected

annually on the first Wednesday in January, by joint ballot of

the senators and representatives, to advise the governor in the

executive part of government. The right of suffrage is granted

to every male citizen aged twenty-one years or upwards (excepting

paupers, persons under guardianship, and Indians not taxed),

having had his residence established in the state for the term

of three months next preceding an election. The judicial power

is vested in a supreme judicial court, and such other courts as

the legislature may, from time to time, establish. All the judges

are appointed by the governor, with the advice and consent of the

council; and they hold their offices during good behavior, but not

beyond the age of seventy years.

NEW HAMPSHIRE. A constitution was established in 1784; and in

1792, this constitution was altered and amended, by a convention

of delegates held at Concord, and is now in force. The legislative

power is vested in a senate and house of representatives, which,

together, are styled, _The General Court of New Hampshire_.

Every town, or incorporated township, having one hundred and

fifty ratable polls, may send one representative; and for every

three hundred additional polls, it is entitled to an additional

representative. The senate consists of twelve members, who are

chosen by the people in districts. The executive power is vested

in a governor and a council, which consists of five members. The

governor, council, senators, and representatives, are all elected

annually, by the people, on the second Tuesday in March; and

their term of service commences on the first Wednesday in June.

The right of suffrage is granted to every male inhabitant of

twenty-one years of age, excepting paupers and persons excused

from paying taxes at their own request. The judiciary power is

vested in a superior court and a court of common pleas. Judges

are appointed by the governor and council, and hold their offices

during good behaviour, but not beyond the age of seventy years.

VERMONT. The first constitution of this state was formed in

1777; the one now in operation was adopted on the 4th of July,

1793. The legislative power is vested in a single body, a house

of representatives, elected, annually, on the first Tuesday

in September, and styled _The General Assembly of the state of

Vermont_. The executive power is vested in a governor, lieutenant

governor, and a council of twelve persons, who are all chosen

annually on the first Tuesday in September. They are empowered to

commission all offices; to sit as judges to consider and determine

on impeachments; to prepare and lay before the general assembly

such business as shall appear to them necessary; and have power

to revise and propose amendments to the laws passed by the house

of representatives. The constitution grants the right of suffrage

to every man of the full age of twenty-one years, who has resided

in the state for the space of one whole year, next before the

election of representatives, and is of quiet and peaceable

behavior. The judiciary power is vested in a supreme court,

consisting of three judges and of a county court of three judges

for each county. Judges of the supreme, county and probate courts,

sheriffs, and justices of the peace, are elected annually by the

general assembly. A council of censors, consisting of thirteen

persons, are chosen every seven years, whose duty is to inquire

whether the constitution has been preserved inviolate; whether the

legislative and executive branches of government have performed

their duty as guardians of the people; whether the public taxes

have been justly laid and collected; in what manner the public

moneys have been disposed of; and whether the laws have been duly

executed.

MASSACHUSETTS. The constitution of this state was formed in

1780, and amended in 1821. The legislative power is vested in a

senate and house of representatives, which together are styled

_The General Court of Massachusetts_. The members of the house

of representatives are elected annually on the second Monday

in November. Every corporate town having one hundred and fifty

ratable polls may elect one representative, and another for every

additional two hundred and twenty-five ratable polls.

The senate consists of forty members, who are chosen, by

districts, annually, on the second Monday in November. The supreme

executive magistrate is styled the _Governor of the commonwealth

of Massachusetts_, and has the title of “_His Excellency_.” The

governor is elected annually by the people on the second Monday

in November, and at the same time a lieutenant governor is chosen,

who has the title of “_His Honor_.” The governor is assisted in

the executive part of government by a council of nine members, who

are chosen by the joint ballot of the senators and representatives,

from the senators, and in case the persons elected, or any of them,

decline the appointment, the deficiency is supplied from among the

people at large. The right of suffrage is granted to every male

citizen, twenty-one years of age and upwards (excepting paupers

and persons under guardianship), who has resided within the

commonwealth one year, and within the town or district in which he

may claim a right to vote, six calendar months next preceding any

election, and who has paid a state or county tax, assessed upon

him within two years next preceding such election; and also every

citizen who may be by law exempted from taxation, and who may be

in all other respects qualified as above mentioned. The judiciary

is vested in a supreme court, a court of common pleas, and such

other courts as the legislature may establish. The judges are

appointed by the governor, by and with the advice and consent of

the council, and hold their offices during good behavior.

RHODE ISLAND. The government of this state is founded on the

provisions of the charter granted to the colony by Charles II.,

in 1663; and this is the only state in the union which is without

a written constitution. The legislative power is vested in

a _General Assembly_, consisting of a senate and a house of

representatives. The house of representatives consists of

seventy-two members, elected semi-annually. The senate consists

of ten members, who are elected annually in April. The executive

power is vested in a governor, who is elected annually in April.

A lieutenant governor is also elected, on whom the executive

duties devolve in case of the office of governor being vacated.

The judges are appointed annually by the general assembly.

CONNECTICUT. The charter granted in 1662 by Charles II.,

formed the basis of the government of Connecticut till 1818, when

the present constitution was framed. The legislative power is

vested in a senate and house of representatives, which together

are styled the _General Assembly_. Members of the house of

representatives are chosen by the different towns in the state:

the more ancient towns, the majority of the whole number, send

each two representatives; the rest only one each. The present

number is two hundred and eight. The senate must consist of

not less than eighteen, nor more than twenty-four members, who

are chosen by districts. The present number is twenty-one. The

executive power is vested in a governor. A lieutenant governor

is also chosen, who is president of the senate, and on whom the

duties of the governor devolve in case of his death, resignation,

or absence. The representatives, senators, governor, and

lieutenant governor, are all elected annually by the people on the

first Monday in April. The judicial power is vested in a supreme

court of errors, a superior court, and such inferior courts as the

general assembly may, from time to time, establish. The judges

are appointed by the general assembly; and those of the supreme

and superior courts hold their offices during good behavior, but

not beyond the age of seventy years. No person is compelled to

join, or support, or to be classed with, or associated to, any

congregation, church, or religious association. But every person

may be compelled to pay his proportion of the expenses of the

society to which he may belong: he may, however, separate himself

from the society, by leaving a written notice of his wish with the

clerk of such society.

NEW YORK. The present constitution of the state of New York was

formed in 1822. The executive power is vested in a governor, who

is elected by the people every two years; and at the same time, a

lieutenant governor is also chosen, who is president of the senate,

and on whom, in case of the impeachment, resignation, death, or

absence of the governor, from office, the powers and duties of

governor devolve. The legislative power is vested in a senate of

thirty-two members, who are chosen for four years, and an assembly,

of one hundred and twenty-eight members, who are elected annually;

and these bodies united are styled the _Legislature_. For the

election of senators, the state is divided into eight districts,

each being entitled to choose four senators, one of whom is

elected every year. The members of the assembly are chosen

by counties, and are apportioned according to population. The

constitution grants the right of suffrage, in the election of

public officers, to every white male citizen, of the age of

twenty-one years, who has been an inhabitant of the state one year

next preceding any election, and, for the preceding six months,

a resident in the county where he may offer his vote; but no man

of color is entitled to vote unless he is possessed of a freehold

estate of the value of two hundred and fifty dollars, without

any incumbrance. The chancellor and judges are appointed by the

governor, with the consent of the senate. The chancellor and

justices of the supreme and circuit courts hold their offices

during good behavior, or until they attain the age of sixty years.

The judges of the county courts, or courts of common pleas, are

appointed for a term of five years.

NEW JERSEY. The constitution of New Jersey was formed in 1776;

and no revision of it has since taken place, except that the

legislature has undertaken to explain its provisions in particular

parts. The government is vested in a governor, legislative council,

and general assembly; and these bodies united are styled _the

Legislature_. The members of the legislative council and of the

general assembly are elected annually, on the second Tuesday

in October. The number of members of the legislative council

is fourteen, one being elected by each county in the state.

The general assembly has consisted, for a number of years past,

of forty-three members; but by a law enacted in 1829, seven

additional members were added; and it now consists of fifty

members. The governor is chosen annually by a joint vote of the

council and assembly, at their first joint meeting after each

annual election. The governor is president of the council; and

the council also elect from their own body, at their first annual

meeting, a vice-president, who acts in the place of the governor

in his absence. The governor and council form a court of appeals,

in the last resort in all cases of law; and they possess the

power of granting pardon to criminals after condemnation. The

constitution grants the right of suffrage to ‘all persons of full

age who are worth fifty pounds proclamation money, clear estate in

the same, and have resided within the county in which they claim

to vote for twelve months immediately preceding the election.’

[The legislature has declared by law, that every white male

inhabitant, who shall be over the age of twenty-one years, and

shall have paid a tax, shall be considered worth fifty pounds,

and shall be entitled to vote;――and by another legislative act,

females and negroes are prohibited from voting.] Judges are

appointed by the legislature; those of the supreme court for a

term of seven years, and those of the inferior courts, for five

years; both are capable of being re-appointed.

PENNSYLVANIA. The first constitution of Pennsylvania was adopted

in 1776; the present constitution in 1790. The legislative power

is vested in a _General Assembly_, consisting of a senate and

house of representatives. The representatives are elected annually,

on the second Tuesday in October, by the citizens of Philadelphia

and of the several counties, apportioned according to the number

of taxable inhabitants. The number cannot be less than sixty, nor

more than one hundred. The senators are chosen for four years, one

fourth being elected annually, at the time of the election of the

representatives. Their number cannot be greater than one third,

nor less than one fourth, of the number of the representatives.

The executive power is vested in a governor, who is elected by

the people on the second Tuesday in October, and who holds his

office during three years, from the third Tuesday in December next

following his election; and he cannot hold the office more than

nine years, in any term of twelve years. The judicial power is

vested in a supreme court, in courts of oyer and terminer and

jail delivery, in courts of common pleas, an orphans’ court, a

registers’ court, a court of quarter sessions of the peace for

each county; and in such other courts as the legislature may from

time to time establish. The judges of the supreme court, and the

several courts of common pleas, are appointed by the governor,

and hold their offices during good behavior. The right of suffrage

is possessed by every freeman of the age of twenty-one years, who

has resided in the state two years next preceding an election, and

within that time paid a state or county tax, assessed at least six

months before the election.

DELAWARE. The constitution of this state was formed in 1792, and

amended 1831. The legislature is styled the _General Assembly_,

and consists of a senate and house of representatives. The

senators are nine in number, namely, three from each county, and

are elected for a term of four years. The representatives are

elected for a term of two years, and are twenty-one in number,

seven from each county. The general election is held biennially,

on the second Tuesday in November. The executive power is vested

in a governor, who is elected by the people for a term of four

years, and is not eligible for a second term. Judicial power is

vested in a court of errors and appeals, a superior court, a court

of chancery, an orphans’ court, a court of oyer and terminer,

a court of general sessions of the peace, and jail delivery, a

registers’ court, justices of the peace, and such other courts as

the general assembly may (by a vote of two thirds of each house)

establish. The right of suffrage is granted to every white male

citizen, of the age of twenty-two years or upwards, having resided

in the state one year, next before the election, and the last

month in the county where he votes; and having within two years

paid a county tax. Also, to every free white male over twenty-one,

and under twenty-two years of age, having resided, as aforesaid,

without payment of any tax.

MARYLAND. The constitution of this state was first formed in 1776;

since which time, many amendments have been made. The legislative

power is vested in a senate, consisting of fifteen members, and

a house of delegates, consisting of eighty members; and these two

branches united are styled _The General Assembly of Maryland_.

The members of the house of delegates, four from each county, and

two each from the cities of Baltimore and Annapolis, are elected

annually by the people, on the first Monday in October; and the

members of the senate are elected every fifth year, on the third

Monday in September, at Annapolis, by electors who are chosen by

the people, on the first Monday of the same month of September.

These electors choose by ballot nine senators from the western

shore, and six from the eastern, who hold their offices five

years. The executive power is vested in a governor, who is elected

annually, on the first Monday in January, by a joint ballot of

both houses of the general assembly. No one can hold the office

of governor more than three years successively, nor be eligible

as governor until the expiration of four years after he has been

out of that office. The governor is assisted by a council of five

members, who are chosen annually by a joint ballot of the senate

and house of delegates. The general assembly meets annually (at

Annapolis) on the last Monday in December. The council of the

governor is elected on the first Tuesday in January; the governor

nominates to office, and the council appoints. The constitution

grants the right of suffrage to every free, white, male citizen,

above twenty-one years of age, having resided twelve months

within the state, and six months in the county, or in the city

of Annapolis or Baltimore, next preceding the election at which

he offers to vote. The chancellor and judges are nominated by

the governor, and appointed by the council; and they hold their

offices during good behavior.

VIRGINIA. The old constitution of this state was formed in 1776,

and continued in operation until 1830, when the present amended

constitution was formed by a convention, and accepted by the

people. By this constitution, the legislative power is vested in

a senate and a house of delegates, which are together styled _The

General Assembly of Virginia_. The house of delegates consists of

one hundred and thirty-four members, chosen annually. The senate

consists of thirty-two members. Senators are elected for four

years; and the seats of one fourth of them are vacated every year.

In all elections to any office or place of trust, honor, or profit,

the votes are given openly, or viva voce, and not by ballot. A

re-apportionment for representation in both houses is to take

place every ten years, commencing in 1841, until which time there

is to be no change in the number of delegates and senators from

the several divisions; and after 1841, the number of delegates is

never to exceed one hundred and fifty; nor that of the senators,

thirty-six. The time of election of delegates is fixed by the

general assembly, and at present takes place in April. The

executive power is vested in a governor, elected by the joint vote

of the two houses of the general assembly. He holds his office

three years, commencing on the first of January next succeeding

his election, or on such other day as may be from time to time

prescribed by law; and he is ineligible for the three years next

after the expiration of his term of office. There is a council

of state, consisting of three members elected for three years, by

the joint vote of the two houses: the seat of one being vacated

annually. The senior counsellor is lieutenant governor. Judges

of the supreme court of appeals, and of the superior courts, are

elected by a joint vote of both houses of the general assembly,

and hold their offices during good behavior, or until removed by

a concurrent vote of both houses; but two thirds of the members

present must concur in such vote, and the cause of removal be

entered on the journals of each house. Right of suffrage is

extended to every white male citizen of the commonwealth, resident

therein, aged twenty-one years and upwards, who is qualified

to exercise the right of suffrage according to the former

constitution and laws; or who owns a freehold of the value of

twenty-five dollars; or who has a joint interest to the amount of

twenty-five dollars in a freehold; or who has a life estate in, or

reversionary title to, land of the value of fifty dollars, having

been so possessed for six months; or who shall own and be in the

actual occupation of a leasehold estate, having the title recorded

two months before he shall offer to vote――of a term originally

not less than five years, and of the annual value or rent of two

hundred dollars; or who, for twelve months before offering to vote,

has been a housekeeper and head of a family, and shall have been

assessed with a part of the revenue of the commonwealth within the

preceding year, and actually paid the same.

NORTH CAROLINA. The constitution of North Carolina was agreed to

and resolved upon, by representatives chosen for that purpose, at

Halifax, December 18, 1776. The legislative authority is vested

in a body, styled the _General Assembly_, consisting of a senate

and a house of commons, both elected annually by the people. The

chief executive officer is the governor, who is chosen annually

by a joint vote of the two houses; and he is eligible for three

years only in six. He is assisted by an executive council of seven

members, chosen annually by a joint vote of the two houses. In

case of the death of the governor, his duties devolve upon the

speaker of the senate. Judges of the supreme and superior courts

are appointed by a joint vote of the two houses, and hold their

offices during good behavior. The constitution grants the right of

voting for members of the house of commons to all freemen of the

age of twenty-one years, who have been inhabitants of the state

twelve months immediately preceding the election; but in order to

vote for a senator, a freeman must be possessed of a freehold of

fifty acres of land.

SOUTH CAROLINA. The first constitution of this state was formed

in 1775; the present constitution was adopted in 1790. Legislative

authority is vested in a _General Assembly_, consisting of a

senate and a house of representatives. The senate consists of

forty-five members, who are elected by districts for four years,

one half being chosen biennially. The house of representatives

consists of one hundred and twenty-four members, who are

apportioned among the several districts, according to the number

of white inhabitants and taxation; and are elected for two years.

The representatives, and one half of the senators, are chosen

every second year, on the second Monday in October and the day

following. The executive power is vested in a governor, who is

elected for two years, by a joint vote of the senate and house

of representatives, at every first meeting of the house of

representatives. A governor, after having performed the duties

of the office for two years, cannot be re-elected till after the

expiration of four years. At the time of the election of governor,

a lieutenant governor is chosen in the same manner, and for the

same period. The chancellor and judges are appointed by the joint

ballot of the senate and house of representatives, and hold their

offices during good behavior. The constitution grants the right

of suffrage to every free, white, male citizen, of the age of

twenty-one years, having resided in the state two years previous

to the day of election, and having been possessed of a freehold of

fifty acres of land, or a town lot, at least six months before such

election, or (not having such freehold or town lot) having been a

resident in the election district in which he offers his vote, six

months before said election, and having paid a tax the preceding

year of three shillings sterling towards the support of the

government.

GEORGIA. The first constitution of Georgia was formed in 1777;

a second, in 1785; and a third, the one now in operation, in

1798. The legislative power is vested in a senate and house

of representatives, which, together, are styled the _General

Assembly_. The members of both houses are chosen annually, on the

first Monday in October. One senator is elected for each county,

and the number of representatives is in proportion to population,

including three fifths of all the people of color; but each county

is entitled to at least one, and no one to more than four members.

The executive power is vested in a governor, who was formerly

elected by the general assembly, but he is now (and ever since

1824) elected by the people, and holds the office for two years.

The constitution grants the right of suffrage to all ‘citizens

and inhabitants who have attained the age of twenty-one years,

and have paid all the taxes which may have been required of them,

and which they may have had opportunity of paying, agreeably to

law, for the year preceding the election, and shall have resided

six months within the county.’ The judicial power is vested

in a superior court, and in such inferior jurisdictions as the

legislature may, from time to time, ordain and establish; and the

superior and inferior courts sit twice in each county every year.

Judges of the superior court are elected by the legislature for

three years; justices of the inferior courts, and justices of the

peace, are elected quadrennially by the people; and clerks of the

superior and inferior courts biennially.

ALABAMA. The legislative power is vested in two branches, a senate

and house of representatives, which together are styled _The

General Assembly of the State of Alabama_. The representatives are

elected annually, and are apportioned among the different counties

in proportion to the white population; the whole number cannot

exceed one hundred, nor fall short of sixty. The senators are

elected for three years, and one third of them are chosen every

year. Their number cannot be more than one third, nor less than

one fourth of the number of representatives. The executive power

is vested in a governor, who is elected by the people for two

years, and is eligible four years out of six.

The representatives and one third of the senators are elected

annually on the first Monday in August and the day following; and

the governor is elected biennially at the same time. The general

assembly meets annually at Tuscaloosa, on the fourth Monday in

October. The right of suffrage is possessed by every white, male

citizen of twenty-one years of age, who has resided within the

state one year preceding an election, and the last three months

within the county, city, or town, in which he offers his vote. The

judicial power is vested in one supreme court, in circuit courts,

and such inferior courts as the general assembly may, from time to

time, direct and establish. The judges are elected by a joint vote

of both houses of the general assembly, every six years.

MISSISSIPPI. The constitution of this state was formed at the

town of Washington, in August, 1817, but has been recently revised.

Among the articles of the bill of rights of the new constitution,

there are some, embracing subjects which are elsewhere made

the subject of legislation. In all prosecutions for libel, if

the defendant shall make it appear that the matter charged as

libellous is true, and has been published with good motives and

for justifiable ends, he is to be acquitted. It is also provided

that the person of a debtor, who shall deliver up his estate for

the benefit of his creditors, shall not be detained in prison,

unless there is ‘strong presumption of fraud.’ Another article

declares, that no person shall be elected or appointed to any

office for life, or during good behavior: but the tenure of all

offices shall be for some limited period of time. The principle of

representation is as follows: The legislature is at stated periods

to require an enumeration of the free white inhabitants to be

made, and to cause the whole number of representatives, which is

not to be less than thirty-six, nor more than one hundred, to be

apportioned among the several counties, cities, or towns, entitled

to separate representation, according to the number of free white

inhabitants in each; but each county is to be entitled to at least

one representative. When any city or town shall have a number of

free white inhabitants equal to the established ratio, it is to

have a separate representation; and if the residuum or fraction

in any such city or town, shall, when added to the fraction of

the county in which it lies, be equal to the ratio, the county,

city, or town, having the largest fraction, shall be entitled

to such representation. The senators are at the same time to

be apportioned among several districts, according to the number

of free white inhabitants in each, and their number is not to

exceed one third, or be less than one fourth, of the number

of representatives. These districts are to be formed by the

legislature, at stated periods. The judicial department is to

be constituted as follows: The state is to be divided into three

districts, in which three judges of a high court of errors and

appeals are to be chosen by the people, for the term of six

years. In the first instance, however, the seat of one judge is

to be vacated in two years, that of a second in four, and that

of the third in six, so that there may be a new election in each

of the districts, at the expiration of every two years. Their

jurisdiction is described to be such as properly belongs to a

court of errors and appeals. A circuit court is to be established,

consisting of judges to be elected in districts, into which the

state is to be divided for the purpose, and each of which is to

comprehend not more than twelve, nor less than three counties.

Among the other provisions of this instrument, is the following:

That no loan shall be raised on the credit of the state, nor the

public faith pledged for the redemption of any debt, unless the

bill for that purpose, after passing the legislature, shall be

published, for three months successively, in three newspapers, and

shall be passed a second time by the next succeeding legislature.

LOUISIANA. The constitution of this state was formed in

1812. The legislative power is vested in a senate and house of

representatives, both together styled _The General Assembly of the

State of Louisiana_. The representatives are elected for two years.

Their number cannot be less than twenty-five, nor more than fifty;

and they are apportioned according to the number of electors, as

ascertained by enumeration every four years. Members of the senate

are elected for four years; one half being chosen every two years,

at the time of the election of the representatives. The state is

divided into sixteen senatorial districts, in each of which one

senator is chosen. Executive power is vested in a governor, who

is elected for the term of four years. The people give their votes

for a governor at the time and place of voting for representatives

and senators; and on the second day of the succeeding session of

the general assembly, the two houses, by a joint ballot, elect for

governor one of the two candidates who have the greatest number of

votes. Right of suffrage is possessed by every white male citizen

of the United States, of the age of twenty-one years, who has

resided in the county in which he offers to vote one year next

preceding the election, and who, in the last six months prior to

said election, has paid a state tax. Judiciary power is vested in

a supreme court, which possesses appellate jurisdiction only, and

such inferior courts as the legislature may establish. The judges

are appointed by the governor, with the advice and consent of the

senate, and hold their offices during good behavior.

TENNESSEE. The constitution of this state was formed at Knoxville,

in 1796. Legislative authority is vested in a general assembly,

consisting of a senate and house of representatives; and the

members of both houses are elected biennially, on the first

Thursday and Friday in August. The number of representatives is

sixty, who are apportioned among the different counties, according

to the number of taxable inhabitants. The number of senators

cannot be less than one third, nor more than one half, of the

number of representatives. The executive power is vested in a

governor, who is elected at the same time with the senators and

representatives, and who holds his office for the term of two

years, but is not eligible more than six years in any term of

eight. The right of suffrage is granted to every freeman of the

age of twenty-one years, possessing a freehold in the county

where he offers his vote, and to every freeman who has been an

inhabitant of any one county in the state, six months immediately

preceding the day of election. Judiciary power is vested in such

superior and inferior courts, as the legislature may from time to

time direct and establish. The judges are appointed by a joint

ballot of both houses, and hold their offices during good behavior.

KENTUCKY. On the separation of Kentucky from Virginia, in 1790,

a constitution was adopted, which continued in force till 1799,

when a new one was formed instead of it; and this is now in

force. The legislative power is vested in a senate and house

of representatives, which, together, are styled _The General

Assembly of the Commonwealth of Kentucky_. The representatives

are elected annually, and are apportioned, every four years, among

the different counties, according to the number of electors. The

senators are elected for four years, one quarter of them being

chosen annually. The executive power is vested in a governor, who

is elected for four years, and is ineligible for the succeeding

seven years after the expiration of his term of office. At the

election of governor, a lieutenant governor is also chosen, who

is speaker of the senate, and on whom the duties of the governor

devolve, in case of his absence or removal. The constitution

grants the right of suffrage to every free male citizen (people

of color excepted) who has attained the age of twenty-one years,

and has resided in the state two years, or in the county where he

offers his vote one year next preceding the election. Judiciary

power is vested in a supreme court, styled the court of appeals,

and in such inferior courts as the general assembly may, from time

to time, erect and establish. Judges of the different courts, and

justices of the peace, hold their offices during good behavior.

OHIO. The constitution of this state was formed at Chillicothe,

in 1802. The legislative power is vested in a senate and house of

representatives, which, together, are styled _The General Assembly

of the State of Ohio_. The representatives are elected annually,

on the second Tuesday in October; and they are apportioned among

the counties according to the number of white male inhabitants

above twenty-one years of age. Their number cannot be less than

thirty-six, nor more than seventy-two. The senators are chosen

biennially, and are apportioned according to the number of white

male inhabitants of twenty-one years of age. Their number cannot

be less than one third, nor more than one half of the number of

representatives. The executive power is vested in a governor,

who is elected by the people for two years. Right of suffrage is

granted to all white male inhabitants above the age of twenty-one

years, who have resided in the state one year next preceding

the election, and who have paid, or are charged with a state

or county tax. Judicial power is vested in a supreme court, in

courts of common pleas for each county, and such other courts as

the legislature may from time to time establish. The judges are

elected by a joint ballot of both houses of the general assembly,

for the term of seven years.

INDIANA. Executive power is vested in a governor, who is

elected by the people for a term of three years, and may be once

re-elected. At every election of governor, a lieutenant governor

is also chosen, who is president of the senate, and on whom, in

case of the death, resignation, or removal of the governor, the

powers and duties of governor devolve. The legislative authority

is vested in a general assembly, consisting of a senate, the

members of which are elected for three years, and a house of

representatives, elected annually. The number of representatives

can never be less than thirty-six, nor more than one hundred; and

they are apportioned among the several counties, according to the

number of white male inhabitants above twenty-one years of age.

The number of senators, who are apportioned in like manner, cannot

be less than one third, nor more than one half of the number of

representatives. The representatives, and one third of the members

of the senate, are elected annually, on the first Monday in August;

and the governor is chosen on the same day, every third year.

Right of suffrage is granted to all male citizens of the age of

twenty-one years or upwards, who may have resided in the state

one year immediately preceding an election. Judiciary power is

vested in one supreme court, in circuit courts, and in such other

inferior courts as the general assembly may establish. The supreme

court consists of three judges; and each of the circuit courts

consists of a president and two associate judges. Judges are

all appointed for the term of seven years. Judges of the supreme

court are appointed by the governor, with the consent of the

senate; presidents of the circuit courts, by the legislature;

and associate judges are elected by the people.

ILLINOIS. The legislative authority is vested in a general

assembly, consisting of a senate, the members of which are

elected for four years; and of a house of representatives, elected

biennially. ‘The number of representatives shall not be less

than twenty-seven, nor more than thirty-six, until the number of

inhabitants within the state shall amount to one hundred thousand;

and the number of senators shall never be less than one third, nor

more than one half of the number of representatives.’ Executive

power is vested in a governor, who is elected by the people for

four years; and he is not eligible for more than four years in

any term of eight years. At the election of governor, a lieutenant

governor is also chosen, who is speaker of the senate; and on

whom, in case the governor vacates his office, the duties of

governor devolve. Representatives, and one half of the senators,

are elected biennially, on the first Monday in August; and the

governor is chosen every fourth year, at the same time. All

white male inhabitants, above the age of twenty-one years, having

resided in the state six months next preceding an election, have

the rights of electors. The judicial power is vested in a supreme

court, and in such inferior courts as the general assembly may

establish. The judges are appointed by a joint ballot of both

branches of the general assembly, and hold their offices during

good behavior.

MISSOURI. The constitution of this state was formed at

St. Louis, in 1820. Legislative power is vested in a general

assembly, consisting of a senate and house of representatives.

Representatives are chosen every second year. Every county is

entitled to at least one representative; but the whole number

can never exceed one hundred. The senators are elected for four

years; the seats of one half being vacated every second year. The

constitutional number is not less than fourteen, nor more than

thirty-three. They are chosen by districts, and are apportioned

according to the number of free white inhabitants. Executive power

is vested in a governor, who is elected for four years, on the

first Monday in August; and he is ineligible for the next four

years after the expiration of his term of service. At the time of

the election of governor, a lieutenant governor is also chosen,

who is, by virtue of his office, president of the senate. Right of

suffrage is granted to every white male citizen who has attained

the age of twenty-one years, and has resided in the state one year

before an election, the last three months thereof being in the

county or district in which he offers his vote. Judicial power is

vested in a supreme court, in a chancellor, circuit courts, and

such other inferior tribunals as the general assembly may, from

time to time, establish. Judges are appointed by the governor, by

and with the advice and consent of the senate; and they hold their

offices during good behavior, but not beyond the age of sixty-five

years.

MICHIGAN. The Constitution of this State was formed in 1835.

The legislative power is vested in a senate and house of

representatives; the number of representatives is never less

than forty-eight, nor can it exceed one hundred; and the senate

is to equal one third of the house, as nearly as may be. The

representatives are to be chosen annually on the first Monday of

November, and the day following; on the same days, once in two

years, the senators are elected. The State is divided, at each

new apportionment, into not less than four, nor more than eight

senatorial districts. The legislature commences its session on

the first Monday of January. The executive power is vested in

a governor and lieutenant governor, who are chosen directly

by the people once in every two years. The lieutenant governor

is president of the senate, and in the absence of the governor

performs the duties of his office. The judicial power is vested

in a supreme court, and such other courts as the legislature may

establish. The judges of the supreme court hold their office for

seven years. They are appointed by the governor, by and with the

advice and consent of the senate.

The right of suffrage is possessed by all white male citizens over

twenty-one years of age, who have resided in the state six months

preceding any election in the townships where they reside. Slavery

and involuntary servitude are forbidden in the state, except for

crime.

ARKANSAS. Every free white male citizen of the United States,

who shall have been a citizen of the State for six months,

shall be deemed a qualified elector. Members of the house of

representatives are to be elected for two years, and of the senate

for four years. The general assembly meets every two years. All

general elections are to be _viva voce_. The senate can never

consist of less than seventeen, nor more than thirty-three members.

The house of representatives shall consist of not less than

fifty-four, nor more than one hundred. The governor is to hold

his office for four years, but shall not be eligible for more

than eight years in any period of twelve years. Tho judicial power

is vested in a supreme court, circuit courts, and in justices

of the peace. The supreme court consists of three judges. Its

jurisdiction is appellate. The official terms of the judges of the

supreme court is eight years; of the judges of the circuit court,

four years. They are chosen by the general assembly. Justices of

the peace are elected for two years, by the people.

CHAPTER IX.――CONVENTION.

IN the chapter preceding, a brief account has been given of the

progress of Government among the people of the United States, from

those early leagues, or compacts, which being passed by the colonists,

served to bind them together in the bonds of a good degree of peace

and amity, down to the formation of that constitution, which, now, for

more than half a century has been the basis of our civil and political

prosperity. But in relation to this last great change in the general

government of the country, further statements are necessary. There

are certain historical facts, in relation to the Convention which

framed the Constitution, which every work of a similar character to

the present should record, and which should be treasured up in the

recollection of every free-born American.

Not a few of the men who composed this august assembly had borne a

conspicuous part in the Revolutionary struggle, which achieved our

independence. They had perilled life and fortune, in the great cause

of freedom, and although that object had been won, they perceived

that something further was necessary, or the toils and hardships, the

sacrifice of life and fortune, during a seven years’ war had all been

in vain. The enemies of the revolution had predicted that a separation

from the mother country would be followed by anarchy and confusion. It

was confidently affirmed, that the Americans would be found incapable

of self-government. So, for a time, it indeed seemed likely to prove.

The confederation, it was apparent, was inadequate to the wants of the

people. It embraced provisions which rendered the administration of

government under it nearly impossible; and yet no amendments might be

made to it, without the assent of every state in the Union. Experience

had shown that no relief could be expected from this quarter.

The first measure which led to the Convention of 1787, was adopted by

Virginia, in a proposition of her Legislature in January, 1786, for a

convention of delegates to regulate our _foreign commerce_. In a letter

to General Washington in March, 1786, Mr. Jay observed, “Experience

has pointed out errors in our national government, which call for

correction, and which threaten to blast the fruit we expected from

our tree of liberty. The convention proposed by Virginia, may do some

good, and would, perhaps, do more, if it comprehended more objects.

An opinion begins to prevail, that a general convention for revising

the articles of confederation, would be expedient. Whether the people

are yet ripe for such a measure, or whether the system proposed to be

obtained by it, is only to be expected from calamity and commotion, is

difficult to ascertain.”

In a second letter to the same person in June, his views and feelings

are thus expressed: “Our affairs seem to lead to some crisis, some

revolution, something that I cannot foresee or conjecture. I am uneasy

and apprehensive, more so than during the war. Then we had a fixed

object, and though the means and time of obtaining it, were often

problematical, yet I did firmly believe, that justice was with us. The

case is now altered. We are going and doing wrong, and, therefore, I

look forward to evils and calamities, but without being able to guess

at the instrument, nature or measure of them.”

“Your statements,” said General Washington, in reply to these

communications, “that our affairs are drawing rapidly to a crisis,

accord with my own. What the event will be, is also beyond my foresight.

We have errors to correct; we have, probably, had too good an opinion

of human nature, in forming our confederation. Experience has taught

us, that men will not adopt and carry into execution measures the best

calculated for their own good, without the intervention of coercive

power. I do not conceive we can exist long as a nation, without lodging

somewhere, a power, which will pervade the whole Union, in as energetic

a manner as the authority of the state governments extends over the

several states.”

Similar views were expressed by many of the distinguished men of the

nation. An opinion prevailed among all classes that some measures

were essential to the salvation of the country; but as yet no one saw

distinctly what those measures should be, or what, amid the prevalent

jealousies of so many different states, could be adopted.

The above proposal of Virginia met with so much favor, that delegates,

or commissioners, were appointed by Virginia, Delaware, Pennsylvania,

New Jersey and New York. These convened at Annapolis, in September of

1786. Delegates were also appointed by New Hampshire, Massachusetts,

Rhode Island, and North Carolina, but did not attend. In consequence of

such a partial representation of the states, the commissioners deemed

it inexpedient to proceed in the important business which had called

them together. But it was still more than ever apparent, that a general

convention was essential, and must be effected. They therefore drew

up a report and an address to the states, in which, after stating

the defects of the federal government, and that the situation of the

United States “was delicate and critical, calling for an exertion of

the virtue and wisdom of the confederacy,” they recommended to all

the states, to concur “in the appointment of commissioners, to meet

at Philadelphia, on the second Monday in May, 1787, to take into

consideration the situation of the United States, to devise such

further provisions as should appear to them necessary, to render the

constitution of the federal government adequate to the exigences of

the Union. This address was also sent to congress, as well as to the

several states.”

Virginia first appointed delegates, according to the recommendation

of the meeting at Annapolis. The general assembly of that state, which

commenced their session in October, 1786, selected seven of their most

distinguished citizens, to meet delegates from the other states, at

Philadelphia, in May following, and “to join with them, in devising

and discussing all such alterations and further provisions, as may be

necessary to render the federal constitution adequate to the exigences

of the Union.” Other states soon after followed the example of Virginia.

In February, 1787, the subject claimed the attention of congress, and

they passed the following resolution:

“Whereas there is provision, in the articles of confederation and

perpetual union, for making alterations therein, by the assent of a

congress of the United States, and of the legislatures of the several

states; and whereas experience hath evinced, that there are defects in

the present confederation, as a means to remedy which, several of the

states, and particularly the state of New York, by express instruction

to their delegates in congress, have suggested a Convention for the

purpose expressed in the following resolution; and such Convention

appearing to be the most probable means of establishing in these states

a firm national government――

“_Resolved_, That in the opinion of congress, it is expedient, that

on the second Monday in May next, a Convention of delegates, who shall

have been appointed by the several states, be held at Philadelphia,

for the sole and express purpose of revising the articles of

confederation, and reporting to congress and the several legislatures,

such alterations and provisions therein, as shall, when agreed to in

congress, and confirmed by the states, render the federal constitution

adequate to the exigences of government, and the preservation of the

Union.”

In consequence of this, delegates to the Convention were appointed from

all the states, except Rhode Island.

To the generation, which since those times has come on to the stage,

it may appear singular, that such obstacles to a Convention should have

existed. But it is to be remembered that the path to be trod was new

and untried. The political elements were in a deranged state. Sectional

interests were at war. The principles of free government were not then

drawn out and harmonized. No model existed adapted to the country.

Is it surprising, then, that the process was slow――that fears were

indulged――that opposite views were entertained? On the contrary,

looking at the state of the country as it then was――the political

and commercial jealousies, which had arisen among the states――their

difference in extent, wealth, and population, as well as in the habits,

religion, and education of their inhabitants――it may well excite our

admiration, that a few years achieved such important changes, and

produced a constitution, which has operated so happily in its practical

influence upon political communities so distinct, and to this day so

independent.

Among the causes which served to produce a general conviction of the

necessity of a more efficient government, none, perhaps, had greater

influence, than the insurrection in Massachusetts, in the year 1786.

“This open and formidable opposition to the laws,” observes a writer,

“threatened not only the destruction of the government of that state,

but of the Union. So numerous were the insurgents in the western

counties, and so confident of success, and even of support from their

fellow-citizens, that they refused all terms of accommodation offered

by the legislature. They completely obstructed judicial proceedings in

several counties, and for a time, it was extremely doubtful, whether

a sufficient force could be found in Massachusetts to reduce them to

obedience.”[81]

The delegates appointed by the states to convene at Philadelphia, met

at the time and place designated. George Washington was unanimously

elected to preside in their deliberations.

A question of great magnitude presented itself, in the very

commencement of their session, viz.: whether they should amend the old,

or form a new system. For the former object they had been appointed,

congress having limited their powers to revising the articles of the

confederation. But the defects of the old government were so many,

and so serious, that the voice of the majority decided in favor of an

entirely new system. Accordingly on the 29th of May, Edmund Randolph,

of Virginia, submitted fifteen resolutions, as the basis of a new

constitution. These resolutions, denominated the _Virginia plan_, were

debated and amended, until the 15th of June, when Mr. Patterson, of New

Jersey, presented a project, for revising the articles of confederation.

This was called the _Jersey plan_. The propositions of this latter plan

having been the subject of debate till the 19th of June, were rejected

by seven states against three, and one divided. The resolutions of

Mr. Randolph therefore again came under consideration, and on the 4th

of July, with the exception of those relating to the executive, were

referred to a committee, consisting of Mr. Rutledge, Mr. Randolph,

Mr. Gorham, Mr. Ellsworth, and Mr. Wilson, for the purpose of reducing

them to the form of a constitution. On the 26th of the same month,

those relating to the executive having been adopted, they, with various

other propositions submitted by individuals, were referred to the same

committee, and the Convention adjourned to the 6th of August, when the

committee reported a draft of a constitution. This was under debate

until the 8th of September, and underwent many material alterations.

A committee, consisting of Mr. Johnson, Mr. Hamilton, G. Morriss,

Mr. Madison, and Mr. King was then selected “to revise the style, and

arrange the articles.” The manner in which these eminent scholars and

statesmen performed the duty assigned them, appears from the great

precision and accuracy of the language of the Constitution, as well

as the happy arrangement of its various articles.

The report of this committee was made on the 12th, and on the 17th of

September, after a session of about four months, the Constitution was

finally adopted, and signed by all the members then present.

During the progress of debate, several questions of interest arose

in the Convention――but none, perhaps, more exciting than that which

related to the relative weight of the states, in the two branches of

the legislature. After much debate, the small states consented that the

right of suffrage in the house, should be in proportion to the whole

number of white, or other free citizens in each, including those bound

to service for a term of years, and three fifths of all other persons.

While they yielded this point, they insisted on an equal vote in the

senate.

To this the large states were unwilling to assent; and on this question,

the states remained, for a time, about equally divided. On the first

trial, in committee of the whole, six states against five decided that

the right of suffrage in the senate should be the same as in the house;

the states of Massachusetts, Pennsylvania, Virginia, North Carolina,

South Carolina, and Georgia, being in the affirmative; and Connecticut,

New York, New Jersey, Delaware, and Maryland, in the negative.

On the 29th of June, the question was again presented to the

consideration of the Convention, in a motion made by Mr. Ellsworth,

“that in the second branch, each state should have an equal vote.”

We cannot pretend to give even an outline of the arguments in favor

and against this motion. The debate was warm and exciting. For several

days, the powers of mighty minds were in animated collision, and from

the strong ramparts behind which the respective parties had apparently

entrenched themselves, there was for a time little prospect of union on

the question.

On the 2d of July, the question was taken on the motion of Mr.

Ellsworth, that in the senate each state should have one vote, and five

states were in favor of it, five against it, and one divided; and the

motion was lost. This equal division on a subject of such importance,

accompanied with so much warmth on both sides, seemed to present an

insurmountable obstacle to further proceedings of the Convention,

without some compromise. To effect this, Charles C. Pinckney, of

South Carolina, moved for the appointment of a committee to take into

consideration the subject of both branches of the legislature. This

motion prevailed, though not without opposition. Some of the members

were in favor of appointing a committee, though they had little

expectation of a favorable result. Mr. Martin, of Maryland, declared,

that each state must have an equal vote, or the business of the

Convention was at an end.

Mr. Sherman said, we have got to a point, that we cannot move one

way or the other; a committee is necessary to set us right. Mr. Gerry

observed, that the world expected something from them――if we do nothing,

we must have war and confusion――the old confederation would be at

an end. Let us see if concessions cannot be made――accommodation is

absolutely necessary, and defects may be amended by a future Convention.

Thus the Convention was at a stand. Hopes were indeed entertained

that unanimity of views might on some basis prevail, but the longer

continuance of the debate, in the then existing state of the Convention,

it was apparent, was engendering no good. About this time, the

venerable Franklin rose and addressed the President:

“_Mr. President_――The small progress we have made after four or five

weeks’ close attendance and continual reasonings with each other, our

different sentiments on almost every question, several of the last

producing as many _noes_ as _ayes_, is, methinks, a melancholy proof

of the imperfection of the human understanding. We indeed seem to feel

our want of political wisdom, since we have been running all about

in search of it. We have gone back to ancient history for models of

government, and examined the different forms of those republics which,

having been originally formed with the seeds of their own dissolution,

now no longer exist; and we have viewed modern states all round Europe,

but find none of their constitutions suitable to our circumstances.

In this situation of this assembly, groping, as it were, in the

dark, to find political truth, and scarce able to distinguish it when

presented to us, how has it happened, sir, that we have not hitherto

once thought of humbly applying to the Father of Lights to illuminate

our understandings? In the beginning of the contest with Britain,

when we were sensible of danger, we had daily prayers in this room for

the divine protection? Our prayers, sir, were heard;――and they were

graciously answered. All of us, who were engaged in the struggle, must

have observed frequent instances of a superintending providence in

our favor. To that kind providence we owe this happy opportunity of

consulting in peace, on the means of establishing our future national

felicity. And have we now forgotten that powerful friend?――or do we

imagine we no longer need his assistance? I have lived, sir, a long

time; and the longer I live, the more convincing proofs I see of this

truth――_that God governs in the affairs of men_! And if a sparrow

cannot fall to the ground without his notice, is it probable that an

empire can rise without his aid? We have been assured, sir, in the

sacred writings, that ‘except the Lord build the house, they labor

in vain that build it.’ I firmly believe this; and I also believe,

that without his concurring aid, we shall succeed in this political

building no better than the builders of Babel: we shall be divided by

our little partial local interests, our projects will be confounded,

and we ourselves shall become a reproach and a by-word down to future

ages. And what is worse, mankind may hereafter, from this unfortunate

instance, despair of establishing government by human wisdom, and leave

it to chance, war, and conquest.

“I therefore beg leave to move, that henceforth prayers, imploring the

assistance of heaven, and its blessings on our deliberations, be held

in this assembly every morning, before we proceed to business; and that

one or more of the clergy of this city be requested to officiate in

that service.”

This was a well timed suggestion, and coming as it did from so

venerable a man as Dr. Franklin, was responded to by the Convention.

It is wonderful that the blessing and guidance of the God of nations

had not been sought before.

Impressed with the necessity of compromise, the convention chose

a committee by ballot, consisting of one from each state, and then

adjourned for three days. On re-assembling, it was found that greater

harmony prevailed――a report was presented from the committee, which

being accepted, the Convention proceeded with a good degree of

unanimity in their deliberations, until at length a constitution was

agreed upon. Of the fifty-five members who attended the Convention,

thirty-nine signed this instrument. Of the remaining sixteen, several

who were in favor of it were obliged, from particular business, to

leave the Convention before it was ready for signing.[82]

The Convention recommended that the constitution should be submitted to

state conventions, and that as soon as the same should be ratified by a

constitutional majority, congress should take measures for the election

of a President, and fix the time for commencing proceedings under it.

At the first session of the first congress, the senate and house of

representatives, two thirds concurring, recommended to the states the

adoption of twelve amendments to the constitution, comprising chiefly

those parts of the recommendations of the states which we have already

noticed as having been adopted. Ten of these amendments were adopted by

three fourths of the legislatures of the states, and became a part of

the constitution. Subsequently three other amendments were added.

On the 10th of January, 1791, _Vermont_, the first of the new states,

joined the Union, and gave its assent to the constitution. Since then,

the constitution has been adopted, assented to and ratified by other

states, until there are now in the Republic twenty-six states, which it

is hoped are connected by ties which will continue unbroken so long as

time shall last.[83]

CHAPTER X.――INDIAN TRIBES.

THE North American Indians are of a red copper color, with some

diversity of shade. The men are of the middle stature, large boned, and

well made; with small black eyes, lodged in deep sockets, high cheek

bones, nose more or less aquiline, mouth large, lips rather thick, and

the hair of the head black, straight, and coarse. In some tribes, they

carefully extract the hair of the beard and other parts of the body,

and hence were long believed destitute of that excrescence. The general

expression of the countenance is gloomy and severe. Formerly, some

tribes flattened the heads of their infants by artificial pressure; but

at present, that practice is unknown to the east of the Rocky mountains.

They have a sound understanding, quick apprehension, and retentive

memory, with an air of indifference in their general behavior.

The women, or _squaws_, differ considerably from the men, both in

person and features. They are commonly short, with homely, broad faces;

but have often an expression of mildness and sweetness in their looks.

Except when engaged in war, hunting and fishing are the sole

employments of the men. By means of these, by the spontaneous

productions of the earth, and by a partial cultivation of the soil,

they procure a precarious subsistence; feasting freely when successful

in the chase, but capable of great abstinence, when provisions are

less plentiful. Some of the tribes, when first visited by Europeans,

raised considerable crops; and they taught the early settlers in New

England to plant and dress maize. At present, several nations cultivate

maize, beans, pumpkins, and water-melons; and in this way considerably

increase their means of subsistence.

The sight, smell, and hearing of the Indians, being frequently and

attentively exercised, are all remarkably acute. They can trace the

footsteps of man or beast through the forest, and over the plain and

mountain, where an inexperienced eye cannot discern the slightest

vestige. They can often judge, with much accuracy, how many persons

have been in the company, how long it is since they passed, and

even, at times, to what nation they belonged. They can pursue their

course through the pathless forest, or over the snowy mountain, with

undeviating certainty, and are guided by marks which entirely escape

the notice of an European.

Strangers to letters, and untutored by learning, their passions, which

are little curbed by parental authority, grow up wild and unpruned,

like the trees of their native forests. They are fickle and capricious;

irascible and impetuous; kind to their friends, vindictive and cruel

towards their enemies; and in order to execute their revenge, they

readily exercise dissimulation and deceit, and shrink from no toil

or danger. Their distinguishing qualities are strength, cunning, and

ferocity; and as war is their first employment, so bravery is their

first virtue.

The ancient weapon of the hunter was the bow and arrow; but most

of them have now procured guns. Their dress differs considerably in

different tribes. It consisted originally of skins; but many of them

are now provided with blankets and different kinds of cloth. The dress

of the Konzas, a tribe on the Missouri, may serve as a sample. They

protect their feet with _moccasons_, or shoes made of dressed deer,

elk, or buffalo skin: _leggins_ of deer skin reach to the upper part of

the thigh: a _breech-cloth_ passes between the legs, and is attached to

a girdle fastened round the loins. A blanket or skin covers the upper

part of the body; but in warm weather it is laid aside. In some tribes,

the hair is allowed to flow loosely over the face and shoulders; in

others, it is carefully braided, knotted and ornamented, and is always

well greased. In many cases, the head is bare, both in summer and

winter; but in others, both men and women wear a cap like an inverted

bowl. The men have also a war cap, which they put on as a symbol of

mourning, or when preparing for battle. It is commonly decorated with

the feathers of rare birds, or with the claws of beavers or eagles,

or other similar ornaments. A quill or feather is also suspended from

it for every enemy that the warrior has slain in battle. They often

suspend from their ears wampum beads, silver and tin trinkets, and they

are fond of bracelets and rings. The face and body are often besmeared

with a mixture of grease and coal. They are very attentive to personal

decoration; and vermilion is an important article at their toilet. The

faces of the men are painted with more care than those of the women;

and the latter have more pride in adorning the countenances of their

husbands than their own. A tobacco pouch, attached to the girdle or

carried in the hand, is a usual part of their equipment. The women’s

dress is partly like that of the men; but their leggins only reach to

the knee; they have sleeveless shifts, which come down to the ankle,

and a mantle covers all.

The _wigwams_, tents, or lodges of the Indians, are differently

constructed in different nations. The rudest are formed of branches,

resting against each other at the top, covered with leaves or grass,

and forming a very imperfect shelter against the weather. The nations

on the west of the Rocky mountains have houses formed of a frame of

sticks, covered with mats and dried grass. Many tribes erect long poles,

in a circular form at the bottom, and resting against each other at the

top, which they cover with skins; others have oblong lodges, consisting

of a wooden frame, covered with grass mats and earth. The light is

admitted by a small door, and by an aperture in the top, which serves

also for the escape of the smoke. The fire is in the middle of the

lodge, and the family sit round it on the bare ground; but they spread

a skin for a stranger. They readily kindle a fire, by rapidly turning

one piece of smooth wood upon another; but in the vicinity of Europeans,

they are now generally provided with flint and steel.

Illustration: Movable Lodges of the Kaskaias.

Their scanty and simple furniture and culinary utensils are suited to

their humble dwellings and homely manner of life. A kettle, a wooden

bowl, a couple of wooden or horn spoons, a few skins for beds and

covers, and a buffalo’s stomach for carrying water, are the chief

articles of domestic accommodation. Formerly they used earthen pots;

but these are now generally superseded by metallic pots and kettles,

purchased from the white traders.

Many of the tribes are strangers to bread and salt. Besides fruits

and roots, they feed on the flesh of the animals they kill, boiled or

roasted. In travelling, _pemmican_ is their favorite food. It consists

of flesh cut into thin slices, dried in the sun or over a slow fire,

beat to a coarse powder between two stones, mixed with grease, and

then carefully packed up. In different nations it is known by different

names.

Among the tribes who practise cultivation, maize is sometimes roasted

in the ashes, and sometimes bruised and boiled, and is then called

_hominy_. They also boil and eat wild rice, which grows in considerable

quantities in some parts of the country. They have no fixed time for

meals, but eat when they are hungry. They present food to a stranger,

at what time soever he enters their dwelling.

Polygamy is very common among them; and the husband occasionally finds

it necessary to administer a little wholesome castigation to his more

quarrelsome or refractory squaws. But many are satisfied with one wife.

The care of the tent, and the whole drudgery of the family, devolve

on the women. They gather fuel, cook the provisions, and repair every

article of dress; cultivate the ground, where any is cultivated; carry

the baggage on a journey; and pitch the tent when they halt. In these

and similar employments, their lordly fathers, husbands, and brothers

think it degrading to assist them, and unworthy of warriors to engage

in such employments.

The Indians never chastise their children, especially the boys;

thinking that it would damp their spirits, check their love of

independence, and cool their martial ardor, which they wish above all

things to encourage. ‘Reason,’ say they, ‘will guide our children, when

they come to the use of it; and before that, their faults cannot be

very great.’ They avoid compulsory measures, and allow the boys to act

with uncontrolled freedom; but endeavor by example, instruction, and

advice, to train them to diligence and skill in hunting; to animate

them with patience, courage, and fortitude in war; and to inspire them

with contempt of danger, pain and death,――qualities of the highest

order in the estimation of an Indian.

By gentleness and persuasion they endeavor to imbue the minds of their

children with virtuous sentiments, according to their notions of virtue.

The aged chiefs are zealous in this patriotic labor, and the squaws

give their cordial co-operation.

Ishuchenau, an old Kanza warrior, often admonished the group of young

auditors who gathered around him of their faults, and exhorted them

never to tell a lie, and never to steal, except from an enemy, whom

it is just to injure in every possible way. ‘When you become men,’

said he, ‘be brave and cunning in war, and defend your hunting grounds

against all encroachments: never suffer your squaws and little ones

to want; protect them and strangers from insult. On no occasion betray

a friend; be revenged on your enemies; drink not the poisonous strong

water of the white people, for it is sent by the bad Spirit to destroy

the Indians. Fear not death; none but cowards fear to die. Obey and

venerate old people, particularly your parents. Fear and propitiate

the bad Spirit, that he may do you no harm; love and adore the Good

Spirit, who made us all, who supplies our hunting grounds, and keeps

all alive.’ After recounting his achievements, he was wont to add,

‘Like a decayed prairie tree, I stand alone:――the friends of my youth,

the companions of my sports, my toils, and my dangers, rest their

heads on the bosom of our mother. My sun is fast descending behind the

western hills, and I feel it will soon be night with me.’ Then with

hands and eyes lifted towards heaven, he thanked the Great Spirit for

having spared him so long, to show the young men the true path to glory

and fame.

Their opinions, in many instances, are false, and lead to corresponding

errors in conduct. In some tribes, the young person is taught to pray,

with various superstitious observances, that he may be a great hunter,

horse-stealer, and warrior; so that thus the fountain of virtue is

polluted.

The Indians are entirely unacquainted with letters; but they have a

kind of picture-writing, which they practise on the inside of the bark

of trees, or on skins prepared for the purpose, and by which they can

communicate the knowledge of many facts to each other.

The Indian names are descriptive of the real or supposed qualities of

the persons to whom they belong: they often change them in the course

of their lives. The young warrior is ambitious of acquiring a new

name; and stealing a horse, scalping an enemy, or killing a bear,

are achievements which entitle him to choose one for himself, and the

nation confirms it.

The Indian women are industrious wives and affectionate mothers.

They are attentive to the comfort of their husbands, watch over their

children with the utmost care and tenderness; and if they die, lament

the loss in the most affecting manner. Chastity is not, in some tribes,

reckoned a virtue; and, as the women are considered the property of

the men, a deviation from it, with the consent of the father, husband,

or brother, is not looked on as an offence. Nay, to countenance their

wives, sisters, or daughters in conferring favors on strangers, is

considered a strong expression of hospitality; and refusal of the

proffered kindness is regarded by the lady as an unpardonable insult.

But some husbands, on discovering unauthorized conjugal infidelity,

punish it with severity; others treat it very lightly.

The Indians are kind and hospitable to their friends, and to those

who are introduced to them in that character. Although they themselves

sit on the bare ground, yet they courteously spread a buffalo skin for

their visiter; smoke a pipe with him in token of peace and amity; and

the squaw prepares something for him to eat. They are ready to share

their last morsel with their friends.

They are immoderately addicted to intoxicating liquors, which they

procure from the white traders, and which have been the means of

destroying multitudes of them. Before their intercourse with white

men, they had no intoxicating beverage; and, excepting the liquor

which they procure from the merchants, their meals are temperate, and

their habits of life active. Their diseases are few, and seldom of long

duration. Many of them fall in battle, and multitudes are occasionally

swept away by smallpox. To the healing art they are in a great measure

strangers; although, by means of simples, they in some instances

perform surprising cures. In general, however, these pretenders to

medical skill are mere quacks and jugglers, who affect to chase away

disease by howling, blowing on the patient, and by various incantations,

slight-of-hand performances, and superstitious rites.

Some of their medical men pretend to have seen the Great Spirit,

and to have conversed with him in some visible form, as of a buffalo,

beaver, or other animal, and to have received from him some medicine

of peculiar efficacy. The animal whose form had appeared is considered

to be the remedy; and they imitate its cry in making their medical

applications. The medicine bag, in which these savage physicians have

a few herbs, entire or pulverized, and which they administer with a

little warm water, is an indispensable requisite in Indian medical

practice. Indeed, the head of every family has his medicine bag, which

is a place of sacred deposit, and to the sanctity of which he commits

his most precious articles. The value of its contents an Indian only

can appreciate.

In every stage of society, persons appear who accommodate themselves

to the state of the public mind. Of this description are the jugglers,

conjurers, or powahs, among the ignorant and superstitious Indians.

They are partly medical quacks, partly religious impostors. Many of

them are dexterous jugglers and cunning cheats. They pretend to

foretell future events, and even to influence the weather. It is likely

that they are often, in some measure, the dupes of their own artifices.

The sweating houses of the Indians are often employed for medical

purposes, although they are places of social recreation also. A hole

is dug in the ground, and over it is built a small close hut, with

an opening just large enough to admit the patient. A number of heated

stones are placed in the bottom of the hole. The patient enters,

having a vessel full of water along with him; and being seated on a

place prepared for his reception, the entrance is closed. He sprinkles

water on the heated stones, and is soon, by the steam, thrown into a

state of profuse perspiration. After this has continued for some time,

the person is taken out and plunged into cold water. This process is

repeated several times, always ending with the steam-bath. The Indians

use this as a general remedy; but its salutary effects are experienced

chiefly in rheumatic diseases, in which its efficacy is at times very

great.

The Indians bear disease with composure and resignation; and, when

far advanced in life, often long for the hour of dissolution. ‘It is

better,’ said an aged sachem, ‘to sit than to stand, to sleep than to

be awake, to be dead than alive.’ The dying man exhorts his children to

be industrious, kind to their friends, but implacable to their enemies.

He rejoices in the hope of immortality. He is going to the land of

spirits, that happy place where there is plenty of game and no want,

where the path is smooth and the sky clear.

When the sick person expires, the friends assemble round the body,

the women weep and clap their hands, and bewail their loss with loud

lamentations. Different nations dispose of the bodies of departed

friends, and express their grief in different ways. Many Indian tribes

bury their dead soon after death. They wrap up the body carefully

in a buffalo robe, or dressed skin, and carry it to the grave on the

shoulders of two or three men. Along with the body, they bury a pair or

two of moccasons, some meat, and other articles, to be used in the land

of spirits. The favorite weapons and utensils of the warrior are also

deposited by his side. It is believed by several tribes that unless

this be done, the spirit of the deceased appears among the trees near

his lodge, and does not go to its rest till the property withheld be

committed to the grave. In some places, they discharge muskets, make

a noise, and violently strike the trees, in order to drive away the

spirit, which they imagine fondly lingers near its old abode. A mound

is sometimes raised over the grave, proportioned in size to the dignity

of the deceased; or the place is marked out and secured by short sticks

driven into the ground over and around it. Some of those graves are

commonly near each of their villages.

On the death of a relation, the survivors give way to excessive grief,

bedaub themselves with white clay, blacken their faces, cut off their

hair, and not unfrequently mangle themselves in a shocking manner,

thrusting knives or arrows into the muscular parts of their thighs or

arms, or cutting off a joint of one of their fingers. For a while they

nightly repair to the place of sepulture to give expression to their

grief; and may occasionally be seen affectionately plucking the grass

from the grave of a deceased relation or friend.

Among those tribes where provisions are scarce, and procured with

difficulty, it is not uncommon for an aged person, who is unable to

provide for himself, to request his family to put him to death; and the

request is complied with, or he is treated with much neglect. But this

unnatural conduct results entirely from the pressure of circumstances,

and the privations and sufferings to which those poor people are

exposed; for in more favorable situations, they behave towards the

aged and infirm with respect and tenderness.

Of the religion of the Indians we have no full and clear account.

Indeed, of the opinions of a people who have nothing more than a few

vague and indefinite notions, no distinct explanation can be given.

On this subject, the Indians are not communicative; and to obtain a

thorough knowledge of it would require familiar, attentive, unsuspected,

and unprejudiced observation. But such observation is not easily made;

and a few general, and on some points uncertain, notices only can be

given.

On looking at the most renowned nations of the ancient heathen world,

we see the people prostrating themselves before innumerable divinities;

and we are ready to conclude that polytheism is the natural belief of

man, unenlightened by revelation. But a survey of the vast wilds of

America will correct this opinion. For there we find a multitude of

nations, widely separated from each other, all believing in one Supreme

God, a great and good spirit, the father and master of life, the maker

of heaven and earth and of all other creatures. They believe themselves

entirely dependent on him, thank him for present enjoyments, and pray

to him for the good things they desire to obtain. They consider him the

author of all good; and believe he will reward or punish them according

to their deeds.

They believe in inferior spirits, also, both good and bad, whom they

consider tutelary spirits. The Indians are careful observers of dreams,

and think themselves deserted by the Master of life, till they receive

a revelation in a dream; that is, till they dream of some object,

as a buffalo, or beaver, or something else, which they think is an

intimation that the Great Spirit has given them that object as a charm,

or medicine. Then they are full of courage, and proud of their powerful

ally. To propitiate the medicine, every exertion is made, and every

personal consideration sacrificed. ‘I was lately the proprietor of

seventeen horses,’ said a Mandan; ‘but I have offered them all to

my medicine, and am now poor.’ He had turned all these horses, which

constituted the whole of his wealth, loose into the plain, committed

them to his medicine, and abandoned them forever. But, although they

offer oblations to the medicines, they positively deny that they pay

them any adoration, and affirm that they only worship the Great Spirit

through them.

They have no regular periodical times either of private or public

religious worship. They have neither temples, altars, stated ministers

of religion, nor regular sacrifices; for the jugglers are connected

rather with the medical art than with religious services. The Indians

in general, like other ignorant people, are believers in witchcraft,

and think many of their diseases proceed from the arts of sorcerers.

These arts the jugglers pretend to counteract, as well as to cure

natural diseases. They also pretend to predict the weather and to make

rain; and much confidence is placed in their prognostications and their

power.

The devotional exercises of the Indians consist in singing, dancing,

and performing various mystical ceremonies, which they believe

efficacious in healing the sick, frustrating the designs of their

enemies, and securing their own success. They often offer up to the

Great Spirit a part of the game first taken in a hunting expedition,

a part of the first produce of their fields, and a part of their food.

At a feast, they first throw some of the broth, and then of the meat,

into the fire. In smoking, they generally testify their reverence for

the Master of life, by directing the first puff upwards, and the second

downwards, or the first to the rising, and the second to the setting

sun; at other times, they turn the pipe to every point of the compass.

They firmly believe in the immortality of the soul, and in a state

of future retribution; but their conceptions on these subjects are

modified and tinged by their occupations in life, and by their notions

of good and evil. They suppose the spirit retains the same inclinations

as when in the body, and rejoices in its old pursuits. At times,

an Indian warrior, when about to kill and scalp a prostrate enemy,

addresses him in such terms as the following:――

‘My name is Cashegra: I am a famous warrior, and am going to kill you.

When you reach the land of spirits, you will see the ghost of my father;

tell him it was Cashegra sent you there.’ The uplifted tomahawk then

descends upon his victim.

The Mandans expect, when they die, to return to the original

subterraneous abode of their fathers: the good reaching the ancient

village by means of the lake, which the weight of the sins of the

bad will render them unable to pass. They who have behaved themselves

well in this life, and been brave warriors and good hunters, will be

received into the town of brave and generous spirits; but the useless

and selfish will be doomed to reside in the town of poor and useless

spirits.

A Book of the United States Exhibiting its geography, divisions, constitution, and government ... and presenting a view of the republic generally, and of the individual states; together with a condensed history of the land, from its first discovery to the present time. The biography of about two hundred of the leading men: a description of the principal cities and towns; with statistical tables · 第 23 / 37 章