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.