HotFreeBooks.com
Civil Government in the United States Considered with - Some Reference to Its Origins
by John Fiske
Previous Part     1  2  3  4  5  6  7  8
Home - Random Browse

[Footnote 44: In New Style Feb. 23, 1689.]

Whereas the late King James II., by the assistance of divers evil counsellors, judges, and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion, and the laws and liberties of this kingdom:

1. By assuming and exercising a power of dispensing with and suspending of laws, and the execution of laws, without consent of Parliament.

2. By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power.

3. By issuing and causing to be executed a commission under the Great Seal for erecting a court, called the Court of Commissioners for Ecclesiastical Causes.

4. By levying money for and to the use of the Crown by pretence of prerogative, for other time and in other manner than the same was granted by Parliament.

5. By raising and keeping a standing army within this kingdom in time of peace, without consent of Parliament, and quartering soldiers contrary to law.

6. By causing several good subjects, being Protestants, to be disarmed, at the same time when Papists were both armed and employed contrary to law.

7. By violating the freedom of election of members to serve in Parliament.

8. By prosecutions in the Court of King's Bench for matters and causes cognizable only in Parliament, and by divers other arbitrary and illegal causes.

9. And whereas of late years, partial, corrupt, and unqualified persons have been returned, and served on juries in trials, and particularly divers jurors in trials for high treason, which were not freeholders.

10. And excessive bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the subjects.

11. And excessive fines have been imposed; and illegal and cruel punishments inflicted.

12. And several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied.

All which are utterly and directly contrary to the known laws and statutes, and freedom of this realm.

And whereas the said late King James II. having abdicated the government, and the throne being thereby vacant, his Highness the Prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords Spiritual and Temporal, and divers principal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal, being Protestants, and other letters to the several counties, cities, universities, boroughs, and cinque ports, for the choosing of such persons to represent them as were of right to be sent to Parliament, to meet and sit at Westminster upon the two-and-twentieth day of January, in this year one thousand six hundred eighty and eight,[45] in order to such an establishment, as that their religion, laws, and liberties might not again be in danger of being subverted; upon which letters elections have been accordingly made.

[Footnote 45: In New Style Feb. 1, 1689.]

And thereupon the said Lords Spiritual and Temporal, and Commons, pursuant to their respective letters and elections, being now assembled in a full and free representation of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties, declare:

1. That the pretended power of suspending of laws, or the execution of laws by regal authority, without consent of Parliament, is illegal.

2. That the pretended power of dispensing with laws, or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal.

3. That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious.

4. That levying money for or to the use of the Crown by pretence and prerogative, without grant of Parliament, for longer time or in other manner than the same is or shall be granted, is illegal.[46]

5. That it is the right of the subjects to petition the King, and all commitments and prosecutions for such petitioning are illegal.[47]

6. That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law.[48]

7. That the subjects which are Protestants may have arms for their defence suitable to their conditions, and as allowed by law.[49]

8. That election of members of Parliament ought to be free.

9. That the freedom of speech, and debates or proceedings in Parliament, ought not to be impeached or questioned in any court or place out of Parliament.[50]

10. That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted.[51]

11. That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders.[52]

[Footnote 46: Compare this clause 4 with clauses 12 and 14 of Magna Charta, and with Art. I. Section vii. clause 1 of the Constitution of the United States.]

[Footnote 47: Compare clause 5 with Amendment I.]

[Footnote 48: Compare clause 6 with Amendment III.]

[Footnote 49: Compare clause 7 with Amendment II.]

[Footnote 50: Compare clause 9 with Constitution, Art. I. Section vi. clause 1.]

[Footnote 51: Compare clause 10 with Amendment VIII.]

[Footnote 52: Compare clause 11 with Amendments VI. and VII.]

12. That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.

13. And that for redress of all grievances, and for the amending, strengthening, and preserving of the laws, Parliament ought to be held frequently.

And they do claim, demand, and insist upon all and singular the premises, as their undoubted rights and liberties; and that no declarations, judgments, doings or proceedings, to the prejudice of the people in any of the said premises, ought in any wise to be drawn hereafter into consequence or example.

To which demand of their rights they are particularly encouraged by the declaration of his Highness the Prince of Orange, as being the only means for obtaining a full redress and remedy therein.

Having therefore an entire confidence that his said Highness the Prince of Orange will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights, which they have here asserted, and from all other attempts upon their religion, rights, and liberties:

II. The said Lords Spiritual and Temporal, and Commons, assembled at Westminster, do resolve, that William and Mary, Prince and Princess of Orange, be, and be declared, King and Queen of England, France, and Ireland, and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them the said Prince and Princess during their lives, and the life of the survivor of them; and that the sole and full exercise of the regal power be only in, and executed by, the said Prince of Orange, in the names of the said Prince and Princess, during their joint lives; and after their deceases, the said crown and royal dignity of the said kingdoms and dominions to be to the heirs of the body of the said Princess; and for default of such issue to the Princess Anne of Denmark, and the heirs of her body; and for default of such issue to the heirs of the body of the said Prince of Orange. And the Lords Spiritual and Temporal, and Commons, do pray the said Prince and Princess to accept the same accordingly.

The act goes on to declare that, their Majesties having accepted the crown upon these terms, the rights and liberties asserted and claimed in the said declaration are the true, ancient, and indubitable rights and liberties of the people of this kingdom, and so shall be esteemed, allowed, adjudged, deemed, and taken to be, and that all and every the particulars aforesaid shall be firmly and strictly holden and observed, as they are expressed in the said declaration; and all officers and ministers whatsoever shall serve their Majesties and their successors according to the same in all times to come.

The act then declares that William and Mary are and of right ought to be King and Queen of England, etc.; and it goes on to regulate the succession after their deaths.

The passing of the Bill of Rights in 1689 restored to the monarchy the character which it had lost under the Tudors and the Stuarts. The right of the people through its representatives to depose the King, to change the order of succession, and to set on the throne whom they would, was now established. All claim of divine right, or hereditary right independent of the law, was formally put an end to by the election of William and Mary. Since their day no English sovereign has been able to advance any claim to the crown save a claim which rested on a particular clause in a particular Act of Parliament. William, Mary, and Anne were sovereigns simply by virtue of the Bill of Rights. George the First and his successors have been sovereigns solely by virtue of the Act of Settlement. An English monarch is now as much the creature of an Act of Parliament as the pettiest tax-gatherer in his realm.—Green's Short History, p. 673.

* * * * *



APPENDIX E.



THE FUNDAMENTAL ORDERS OF CONNECTICUT.

1638(9).

The first written constitution that created a government.

Forasmuch as it hath pleased the Allmighty God by the wise disposition of his diuyne pruidence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harteford and Wethersfield are now cohabiting and dwelling in and vppon the River of Conectecotte and the Lands thereunto adioyneing; And well knowing where a people are gathered togather the word of God requires that to mayntayne the peace and vnion of such a people there should be an orderly and decent Gouerment established according to God, to order and dispose of the affayres of the people at all seasons as occation shall require; doe therefore assotiate and conioyne our selues to be as one Publike State or Comonwelth; and doe, for our selues and our Successors and such as shall be adioyned to vs att any tyme hereafter, enter into Combination and Confederation togather, to mayntayne and p'rsearue the liberty and purity of the gospell of our Lord Jesus w'ch we now p'rfesse, as also the disciplyne of the Churches, w'ch according to the truth of the said gospell is now practised amongst vs; As also in o'r Ciuell Affaires to be guided and gouerned according to such Lawes, Rules, Orders and decrees as shall be made, ordered & decreed, as followeth:—

1. It is Ordered, sentenced and decreed, that there shall be yerely two generall Assemblies or Courts, the one the second thursday in Aprill, the other the second thursday in September, following; the first shall be called the Courte of Election, wherein shall be yerely Chosen from tyme to tyme soe many Magestrats and other publike Officers as shall be found requisitte: Whereof one to be chosen Gouernour for the yeare ensueing and vntill another be chosen, and noe other Magestrate to be chosen for more than one yeare; p'ruided allwayes there be sixe chosen besids the Gouernour; w'ch being chosen and sworne according to an Oath recorded for that purpose shall haue power to administer iustice according to the Lawes here established, and for want thereof according to the rule of the word of God; w'ch choise shall be made by all that are admitted freemen and haue taken the Oath of Fidellity, and doe cohabitte w'thin this Jurisdiction, (hauing beene admitted Inhabitants by the maior p'rt of the Towne wherein they liue,) or the mayor p'rte of such as shall be then p'rsent.

2. It is Ordered, sentensed and decreed, that the Election of the aforesaid Magestrats shall be on this manner: euery p'rson p'rsent and quallified for choyse shall bring in (to the p'rsons deputed to receaue them) one single pap'r w'th the name of him written in yet whom he desires to haue Gouernour, and he that hath the greatest number of papers shall be Gouernor for that yeare. And the rest of the Magestrats or publike Officers to be chosen in this manner: The Secretary for the tyme being shall first read the names of all that are to be put to choise and then shall seuerally nominate them distinctly, and euery one that would hane the p'rson nominated to be chosen shall bring in one single paper written vppon, and he that would not haue him chosen shall bring in a blanke: and euery one that hath more written papers then blanks shall be a Magistrat for that yeare; w'ch papers shall be receaued and told by one or more that shall be then chosen by the court and sworne to be faythfull therein; but in case there should not be sixe chosen as aforesaid, besids the Gouernor, out of those w'ch are nominated, then he or they w'ch haue the most written pap'rs shall be a Magestrate or Magestrats for the ensueing yeare, to make vp the foresaid number.

3. It is Ordered, sentenced and decreed, that the Secretary shall not nominate any p'rson, nor shall any p'rson be chosen newly into the Magestracy w'ch was not p'rpownded in some Generall Courte before, to be nominated the next Election; and to that end yt shall be lawfull for ech of the Townes aforesaid by their deputyes to nominate any two whom they conceaue fitte to be put to election; and the Courte may ad so many more as they iudge requisitt.

4. It is Ordered, sentenced and decreed that noe p'rson be chosen

Gouernor aboue once in two yeares, and that the Gouernor be always a member of some approved congregation, and formerly of the Magestracy w'th this Jurisdiction; and all the Magestrats Freemen of this Comonwelth: and that no Magestrate or other publike officer shall execute any p'rte of his or their Office before they are seuerally sworne, w'ch shall be done in the face of the Courte if they be p'rsent, and in case of absence by some deputed for that purpose.

5. It is Ordered, sentenced and decreed, that to the aforesaid Conrte of Election the seu'rall Townes shall send their deputyes, and when the Elections are ended they may p'rceed in any publike searuice as at other Courts. Also the other Generall Courte in September shall be for makeing of lawes, and any other publike occation, w'ch conserns the good of the Comonwelth.

6. It is Ordered, sentenced and decreed, that the Gou'rnor shall, ether by himselfe or by the secretary, send out sumons to the Constables of eu'r Towne for the cauleing of these two standing Courts, on month at lest before their seu'rall tymes: And also if the Gou'rnor and the gretest p'rte of the Magestrats see cause vppon any spetiall occation to call a generall Courte, they may giue order to the secretary soe to doe w'thin fowerteene dayes warneing; and if vrgent necessity so require, vppon a shorter notice, giueing sufficient grownds for yt to the deputyes when they meete, or els be questioned for the same; And if the Gou'rnor and Mayor p'rte of Magestrats shall ether neglect or refuse to call the two Generall standing Courts or ether of them, as also at other tymes when the occations of the Comonwelth require, the Freemen thereof, or the Mayor p'rte of them, shall petition to them soe to doe: if then yt be ether denyed or neglected the said Freemen or the Mayor p'rte of them shall haue power to giue order to the Constables of the seuerall Townes to doe the same, and so may meete togather, and ehuse to themselues a Moderator, and may p'rceed to do any Acte of power, w'ch any other Generall Courte may.

7. It is Ordered, sentenced and decreed that after there are warrants giuen out for any of the said Generall Courts, the Constable or Constables of ech Towne shall forthw'th give notice distinctly to the inhabitants of the same, in some Publike Assembly or by goeing or sending from howse to howse, that at a place and tyme by him or them lymited and sett, they meet and assemble the: selues togather to elect and chuse certen deputyes to be att the Generall Courte then following to agitate the afayres of the comonwelth; w'ch said Deputyes shall be chosen by all that are admitted Inhabitants in the seu'rall Townes and haue taken the oath of fidellity; p'ruided that non be chosen a Deputy for any Generall Courte w'ch is not a Freeman of this Comonwelth.

The foresaid deputyes shall be chosen in manner following: euery p'rson that is p'rsent and quallified as before exp'rssed, shall bring the names of such, written in seu'rrall papers, as they desire to haue chosen for that Imployment. and these 3 or 4, more or lesse, being the number agreed on to be chosen for that tyme, that haue greatest number of papers written for the: shall be deputyes for that Courte; whose names shall be endorsed on the backe side of the warrant and returned into the Courte, w'th the Constable or Constables hand vnto the same.

8. It is Ordered, sentenced and decreed, that Wyndsor, Hartford and Wethersfield shall haue power, ech Towne, to send fower of their freemen as deputyes to euery Generall Courte; and whatsoeuer other Townes shall be hereafter added to this Jurisdiction, they shall send so many deputyes as the Courte shall judge meete, a resonable p'rportion to the number of Freemen that are in the said Townes being to be attended therein; w'ch deputyes shall have the power of the whole Towne to giue their voats and alowance to all such lawes and orders as may be for the publike good, and unto w'ch the said Townes are to be bownd.

9. It is ordered and decreed, that the deputyes thus chosen shall haue power and liberty to appoynt a tyme and a place of meeting togather before any Generall Courte to aduise and consult of all such things as may concerne the good of the publike, as also to examine their owne Elections, whether according to the order, and if they or the gretest p'rte of them find any election to be illegall they may seclud such for p'rsent from their meeting, and returne the same and their resons to the Courte; and if yt proue true, the Courte may fyne the p'rty or p'rtyes so intruding and the Towne, if they see cause, and giue out a warrant to goe to a newe election in a legall way, either in p'rte or in whole. Also the said deputyes shall haue power to fyne any that shall be disorderly at their meetings, or for not coming in due tyme or place according to appoyntment; and they may returne the said fynes into the Courte if yt be refused to be paid, and the tresurer to take notice of yt, and to estreete or levy the same as he doth other fynes.

10. It is Ordered, sentenced and decreed, that euery Generall Courte, except such as through neglecte of the Gou'rnor and the greatest p'rte of Magestrats the Freemen themselves doe call, shall consist of the Gouernor, or some one chosen to moderate the Court, and 4 other Magestrats at lest, w'th the mayor p'rte of the deputyes of the geuerall Townes legally chosen; and in case the Freemen or mayor p'rte of them, through neglect or refusall of the Gouernor and mayor p'rte of the magestrats, shall call a Courte, y't shall consist of the mayor p'rte of Freemen that are p'rsent or their deputyes, w'th a Moderator chosen by the: In w'ch said Generall Courts shall consist the supreme power of the Comonwelth, and they only shall haue power to make laws or repeale the:, to graunt leuyes, to admitt of Freemen, dispose of lands vndisposed of, to seuerall Townes or p'rsons, and also shall haue power to call ether Courte or Magestrate or any other p'rson whatsoeuer into question for any misdemeanour, and may for just causes displace or deale otherwise according to the nature of the offence; and also may deale in any other matter that concerns the good of this comonwelth, excepte election of Magestrats, w'ch shall be done by the whole boddy of Freemen.

In w'ch Courte the Gouernour or Moderator shall haue power to order the Courte to giue liberty of spech, and silence vnceasonable and disorderly speakeings, to put all things to voate, and in case the vote be equall to haue the casting voice. But non of these Courts shall be adiorned or dissolued w'thout the consent of the maior p'rte of the Court.

11. It is ordered, sentenced and decreed, that when any Generall Courte vppon the occations of the Comonwelth haue agreed vppon any sume or somes of mony to be leuyed vppon the seuerall Townes w'thin this Jurisdiction, that a Comittee be chosen to sett out and appoynt w't shall be the p'rportion of euery Towne to pay of the said letiy, p'rvided the Comittees be made up of an equall number out of each Towne.

14'th January, 1638, the 11 Orders abouesaid are voted.

THE OATH OF THE GOU'RNOR, FOR THE [P'RSENT].

I —— being now chosen to be Gou'rnor wthin this Jurisdiction, for the yeare ensueing, and vntil a new be chosen, doe sweare by the greate and dreadfull name of the everliueing God, to p'rmote the publicke good and peace of the same, according to the best of my skill; as also will mayntayne all lawfull priuiledges of this Comonwealth; as also that all wholesome lawes that are or shall be made by lawfull authority here established, be duly executed; and will further the execution of Justice according to the rule of Gods word; so helpe me God, in the name of the Lo: Jesus Christ.

THE OATH OF A MAGESTRATE, FOR THE P'RSENT.

I, —— being chosen a Magestrate w'thin this Jurisdiction for the yeare ensueing, doe sweare by the great and dreadfull name of the euerliueing God, to p'rmote the publike good and peace of the same, according to the best of my skill, and that I will mayntayne all the lawfull priuiledges thereof according to my vnderstanding, as also assist in the execution of all such wholsome lawes as are made or shall be made by lawfull authority heare established, and will further the execution of Justice for the tyme aforesaid according to the righteous rule of Gods word; so helpe me God, etc.

[Until 1752, the legal year in England began March 25 (Lady Day), not January 1. All the days between January 1 and March 25 of the year which we now call 1639 were therefore then a part of the year 1638; so that the date of the Constitution is given by its own terms as 1638, instead of 1639.]



APPENDIX F.

THE STATES CLASSIFIED ACCORDING TO ORIGIN.

1. The thirteen original states.

2. States formed directly from other states. Vermont from territory disputed between New York and New Hampshire, Kentucky from Virginia, Maine from Massachusetts, West Virginia from Virginia.

3. States from the Northwest Territory (see p. 253). Ohio, Michigan, Indiana, Wisconsin, Illinois, Minnesota, in part.

4. States from other territory ceded by states. Tennessee, ceded by North Carolina, Alabama, ceded by South Carolina and Georgia, Mississippi, ceded by South Carolina and Georgia.

5. States from the Louisiana purchase (see p. 253). Louisiana, North Dakota, Arkansas, South Dakota, Missouri, Montana, Kansas, Minnesota, in part, Nebraska, Wyoming, in part, Iowa, Colorado, in part.

6. States from Mexican cessions. California, Wyoming, in part, Nevada, Colorado, in part.

7. States from territory defined by treaty with Great Britain (see p. 254). Oregon, Washington, Idaho.

8. States from other sources. Florida, from a Spanish cession, Texas, by annexation (see p. 254).



APPENDIX G.

TABLE OF STATES AND TERRITORIES.

(Ratio of representation based on census of 1890—173,901.)

Popula- Popula- Rep tion to Area in tion, in Elect. Dates. No. Names. sq.m. sq. m. 1890. Cong vote 1892. 1892. Ratified the Constitution. 1787, Dec. 7 1 Delaware 82.1 2,050 168,493 1 3 Dec. 12 2 Pennsylvania 111.2 45,215 5,258,014 30 32 Dec. 18 3 New Jersey 179.7 7,815 1,444,933 8 10 1788, Jan. 2 4 Georgia 30.8 59,475 1,837,353 11 13 Jan. 9 5 Connecticut 149.5 4,990 746,258 4 6 Feb. 6 6 Massachusetts 269.2 8,315 2,238,943 13 15 April 28 7 Maryland 85.3 12,210 1,042,390 6 8 May 23 8 South Carolina 37.6 30,570 1,151,149 7 9 June 21 9 New Hampshire 40.4 9,305 376,530 2 4 June 25 10 Virginia 39. 42,450 1,655,980 10 12 July 26 11 New York 121.9 49,170 5,997,853 34 35 1789, Nov. 21 12 North Carolina 30.9 52,250 1,617,947 9 11 1790, May 29 13 Rhode Island 276.4 1,250 345,506 2 4

Admitted to the Union. 1791, March 4 14 Vermont 34.6 9,565 332,422 2 4 1792, June 1 15 Kentucky 46. 40,400 1,858,635 11 13 1796, June 1 16 Tennessee 42. 42,050 1,767,518 10 12 1803, Feb. 19 17 Ohio 89.4 41,060 3,672,316 21 23 1812, April 30 18 Louisiana 22.9 48,720 1,118,587 6 8 1816, Dec. 11 19 Indiana 60.3 36,350 2,192,404 13 15 1817, Dec. 10 20 Mississippi 42.7 46,810 1,289,600 7 9 1818, Dec. 3 21 Illinois 67.5 56,650 3,826,351 22 24 1819, Dec. 14 22 Alabama 28.9 52,250 1,513,017 9 11 1820, March 15 23 Maine 20. 33,040 661,086 4 6 1821, Aug. 10 24 Missouri 38.5 69,415 2,679,184 15 17 1836, June 15 25 Arkansas 20.9 53,850 1,128,179 6 8 1837, Jan. 25 26 Michigan 35.5 58,915 2,093,889 12 14 1845, March 3 27 Florida 6.6 58,680 391,422 2 4 1815, Dec. 29 28 Texas 8.4 265,780 2,235,523 13 15 1846, Dec. 28 29 Iowa 34.1 56,025 1,911,896 11 13 1848, May 29 30 Wisconsin 30. 56,040 1,686,880 10 12 1850, Sept. 9 31 California 7.6 158,360 1,208,130 7 9 1858, May 11 32 Minnesota 15.6 83,365 1,301,826 7 9 1859, Feb. 14 33 Oregon 3.2 96,030 313,767 2 4 1861, Jan. 29 34 Kansas 17.3 82,080 1,427,096 8 10 1863, June 19 35 West Virginia 30.7 24,780 762,794 4 6 1864, Oct. 31 36 Nevada 0.4 110,700 45,761 1 3 1867, March 1 37 Nebraska 13.6 77,510 1,058,910 6 8 1876, Aug. 1 38 Colorado 3.9 103,925 412,198 2 4 1889, Nov. 2 { 39 North Dakota } 2.5 70,795 182,719 1 3 { 40 South Dakota } 4.2 77,650 328,808 2 4 1889, Nov. 8 41 Montana 0.9 146,080 132,159 1 3 1889, Nov. 11 42 Washington 5. 69,180 349,390 2 4 1890, July 3 43 Idaho 0.9 84,800 84,385 1 3 1890, July 10 44 Wyoming 0.6 97,890 60,705 1 3

Organised. 1850, Sept. 9 Utah 2.4 84,970 207,905 1850, Sept. 9 New Mexico 1.2 122,580 153,593 1863, Feb. 24 Arizona 0.5 113,020 59,620 1868, July 27 Alaska 577,390 no census 1834, June 30 Indian Territory 31,400 no census 1889, April 22 Oklahoma 1.5 39,030 61,834 1791, Mar 3 Dist. of C. 3,291.1 70 230,392

1892, total House of Representatives 356 + Senate 88 = electoral votes, 444.

APPENDIX H.

POPULATION OF THE UNITED STATES, 1790-1890,

Showing Percentages of Urban Population.

Date. Pop. of U.S. No. of Pop. of Cities. % of Cities of Urban Pop. - 1790 3,929,214 6 131,472 3.33 1800 5,308,483 6 210,873 3.9 1810 7,239,881 11 356,920 4.9 1820 9,633,822 13 474,135 4.9 1830 12,866,020 26 864,509 6.7 1840 17,069,453 44 1,453,994 8.5 1850 23,191,876 85 2,897,586 12.5 1860 31,443,321 141 5,072,256 16.1 1870 38,558,371 226 8,071,875 20.9 1880 50,155,783 286 11,318,597 22.5 1890 62,622,250 443 18,235,670 29.1



APPENDIX I.

AN EXAMINATION PAPER FOR CUSTOMS CLERKS.

Applicant's No..

APPLICANT'S DECLARATION.

DIRECTIONS.—1. The number above is your examination number. Write it at the top of every sheet given you in this examination.

2. Fill promptly all the blanks in this sheet. Any omission may lead to the rejection of your papers.

3. Write all answers and exercises in ink.

4. Write your name on no other sheet but this.

Place this sheet in the envelope. Write your number on the envelope and seal the same.

DECLARATION.

I declare upon my honour as follows:

1. My true and full name is (if female, please say whether Mrs. or Miss)

2. Since my application was made I have been living at (give all the places)

3. My post-office address in full is

4. If examined within twelve months for the civil service—for any post-office, custom-house, or Department at Washington—state the time, place, and result.

5. If you have ever been in the civil service, state where and in what position, and when you left it and the reasons therefor.

6. Are you now under enlistment in the army or navy?

7. If you have been in the military or naval service of the United States, state which, and whether you were honourably discharged, when, and for what cause.

8. Since my application no change has occurred in my health or physical capacity except the following:

9. I was born at ——, on the —— day of ——, 188.

10. My present business or employment is

11. I swore to my application for this examination as near as I can remember at (town or city of) ——, on the —— day of ——, 188.

All the above statements are true, to the best of my knowledge and belief.

(Signature in usual form.)——————

Dated at the city of ——, State of ——, this —— day of ——, 188_.

FIRST SUBJECT.

Question 1. One of the examiners will distinctly read (at a rate reasonable for copying) fifteen lines from the Civil-Service Law or Rules, and each applicant will copy the same below from the reading as it proceeds.

Question 2. Write below at length the names of fifteen States and fifteen cities of the Union.

Question 3. Copy the following precisely:

"And in my opinion, sir, this principle of claiming monopoly of office by the right of conquest, unless the public shall effectually rebuke and restrain it, will effectually change the character of our Government. It elevates party above country; it forgets the common weal in the pursuit of personal emolument; it tends to form, it does form, we see that it has formed, a political combination, united by no common principles or opinions among its members, either upon the powers of the Government or the true policy of the country, but held together simply as an association, under the charm of a popular head, seeking to maintain possession of the Government by a vigorous exercise of its patronage, and for this purpose agitating and alarming and distressing social life by the exercise of a tyrannical party proscription. Sir, if this course of things cannot be checked, good men will grow tired of the exercise of political privileges. They will see that such elections are but a mere selfish contest for office, and they will abandon the Government to the scramble of the bold, the daring, and the desperate."—Daniel Webster on Civil Service, in 1832.

Question 4. Correct any errors in spelling which you find in the following sentences, writing your letters so plainly that no one of them can be mistaken:

Unquestionebly every federil offeser should be able to spell corectly the familier words of his own languege.

Lose her hankercheif and elivate her head immediatly or she will spedily loose her life by strangelation.

SECOND SUBJECT.

Question 1. Multiply 2341705 by 23870 and divide the product by 6789.

Give operation in full.

Question 2. Divide two hundred and five thousand two hundred and five, and two hundred and five ten-thousandths, by one hundred thousand one hundred, and one hundredth.

Question 3. Multiply 10-2/3 by 7-1/8 and divide the product by 9-1/2, reducing the same to the simplest form.

Give operation in full.

Question 4. The annual cost of the public schools of a city is $36,848. What school-tax must be assessed, the cost of collecting being 2 per cent., and 6 per cent of the assessed tax being uncollectible?

Give operation in full.

Question 5. Add 7-3/4, 3/5 of 6-2/9, 8-11/12, 6-1/2 divided by 8-1/8, and reduce to lowest terms.

Give operation in full.

Question 6. The Government sold 3000 old muskets at 22-1/2 per cent, of their cost. The purchaser becoming insolvent paid only 13 per cent. of the price he agreed to pay; that is, he paid $900. What did each musket cost the Government?

Give operation in full.

Question 7. What will it cost to carpet a room 36 feet wide by 72 feet long with 3/4 width carpet at $2.12 per yard, including cost of carpet-lining at 11 cents a square yard and 12 cents a yard for making and laying the carpet?

Give operation in full.

Question 8. A owned 7/8 of a ship and sold 4/5 of his share to B, who sold 5/9 of what he bought to C, who sold 6/7 of what he bought to D. What part of the whole vessel did D buy?

Give operation in full.

Question 9. A man bought a cargo of wool and sold seven thousand and forty-five ten-thousandths of it. How much had he left?

Give operation in full in decimal fractions.

Question 10. A merchant imported from Bremen 32 pieces of linen of 32 yards each, on which he paid for the duties, at 24 per cent, $122.38, and other charges to the amount of $40.96. What was the invoice value per yard, and the cost per yard after duties and charges were paid?

Give operation, in full.

THIRD SUBJECT.

Question 1. On a mortgage for $3,125, dated July 5, 1880 (interest at 3-1/2 per cent), a payment of $840 was made April 23, 1881. What amount was due January 17, 1882?

Give operation in full.

Question 2. The Government sold an old vessel for $160,000, payable two fifths in eight months and the residue in seventeen months from the sale. What was the present cash value of the vessel, the current rate of interest on money being five per cent?

Give operation in full.

Question 3. Write a promissory note to be given by J. Brown to J. Smith, for 60 days, without grace, for $500, at 5 per cent interest, and state what amount will be due at maturity of the note.

Question 4. James X. Young, a contractor, had the following dealings with the Treasury Department: He furnished January 4, 1882, 14 tables at $16 each; June 6, 1882, 180 desks at $18.50 each; December 7, 1882, 150 chairs at $2 each, and July 18, 1883, 14 book-cases at $90 each. He was paid cash as follows: January 31, 1882, $224; June 30, $1,800; December 18, $300; and July 31, 1883, he was allowed on settlement $75 for cartage and charged $25 for breakages. State his account and show balance due.

FOURTH SUBJECT.

Question 1. State the meaning of tense and of mood, and explain the difference between them in the English language or grammar.

Question 2. Correct any errors you find in the following sentences:

The boy done it, and he is as restless here as he will be if he was with you.

He had did it and spoke of doing it before we come here.

Question 3. Write a letter to Senator Jackson answering in full his letter of September 7 to the Secretary of the Treasury in which he asks: "How must my nephew proceed to obtain a clerkship in the Treasury Department, under the Civil-Service Law, and what are the requisite qualifications of a good clerk?"

FIFTH SUBJECT.

Question 1. Write without abbreviation the names of fifteen seaports of the Union.

Question 2. Name four of the principal tributaries of the Mississippi River.

Question 3. Bound the State in which you live.

Question 4. Which States are peninsular, and upon what waters are they situated?

Question 5. Name six of the principal railroads in the United States.

Question 6. Name seven of the leading agricultural products of the United States, and state in what section of the country each is most extensively cultivated.



APPENDIX J.

THE NEW YORK CORRUPT PRACTICES ACT OF 1890.

CHAP. 94.—AN ACT TO AMEND TITLE FIVE OF THE PENAL CODE RELATING TO CRIMES AGAINST THE ELECTIVE FRANCHISE.

Approved by the Governor April 4, 1890. Passed, three fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Title five of the Penal Code, entitled "Of crimes against the elective franchise," is hereby amended so as to read as follows:

Section 41. It shall be unlawful for any person, directly or indirectly, by himself or through any other person:

1. To pay, lend, or contribute, or offer or promise to pay, lend, or contribute any money or other valuable consideration, to or for any voter, or to or for any other person, to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election for any particular person or persons, or to induce such voter to come to the polls or remain away from the polls at such election, or on account of such voter having voted or refrained from voting or having voted or refrained from voting for any particular person, or having come to the poll or remained away from the polls at such election.

2. To give, offer, or promise any office, place, or employment, or to promise to procure or endeavour to procure any office, place, or employment to or for any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election for any particular person or persons.

3. To make any gift, loan, promise, offer, procurement, or agreement, as aforesaid, to, for, or with any person in order to induce such person to procure or endeavour to procure the election of any person, or the vote of any voter at any election.

4. To procure or engage, promise or endeavour to procure, in consequence of any such gift, loan, offer, promise, procurement, or agreement, the election of any person or the vote of any voter at such election.

5. To advance or pay or cause to be paid any money or other valuable thing to or for the use of any other person with the intent that the same, or any part thereof, shall be used in bribery at any election, or to knowingly pay, or cause to be paid, any money or other valuable thing to any person in discharge or repayment of any money, wholly or in part, expended in bribery at any election.

Section 41a. It shall be unlawful for any person, directly or indirectly, by himself or through any other person:

1. To receive, agree, or contract for, before or during an election, any money, gift, loan, or other valuable consideration, office, place, or employment for himself or any other person, for voting or agreeing to vote, or for coming or agreeing to come to the polls, or for remaining, away or agreeing to remain away from the polls, or for refraining or agreeing to refrain from voting, or for voting or agreeing to vote or refraining or agreeing to refrain from voting for any particular person or persons at any election.

2. To receive any money or other valuable thing during or after an election on account of himself or any other person having voted or refrained from voting at such election, or on account of himself or any other person having voted or refrained from voting for any particular person at such election, or on account of himself or any other person having come to the polls or remained away from the polls at such election, or on account of having induced any other person to vote or refrain from voting or to vote or refrain from voting for any particular person or persons at such election.

41b. It shall be unlawful for any candidate for public office, before or during an election, to make any bet or wager with a voter, or take a share or interest in or in any manner become a party to any such bet or wager, or provide or agree to provide any money to be used by another in making such bet or wager, upon any event or contingency whatever. Nor shall it be lawful for any person, directly or indirectly, to make a bet or wager with a voter, depending upon the result of any election, with the intent thereby to procure the challenge of such voter, or to prevent him from voting at such election.

Section 41c. It shall be unlawful for any person, directly or indirectly, by himself or any other person in his behalf, to make use of, or threaten to make use of, any force, violence, or restraint, or to inflict or threaten the infliction by himself, or through any other person, of any injury, damage, harm, or loss, or in any manner to practice intimidation upon or against any person, in order to induce or compel such person to vote or refrain from voting at any election, or to vote or refrain from voting for any particular person or persons at any election, or on account of such person having voted or refrained from voting at any election. And it shall be unlawful for any person by abduction, duress, or any forcible or fraudulent device or contrivance whatever to impede, prevent, or otherwise interfere with, the free exercise of the elective franchise by any voter; or to compel, induce, or prevail upon any voter either to give or refrain from giving his vote at any election, or to give or refrain from giving his vote for any particular person at any election. It shall not be lawful for any employer in paying his employees the salary or wages due them to inclose their pay in "pay envelopes" upon which there is written or printed any political mottoes, devices, or arguments containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employees. Nor shall it be lawful for any employer, within ninety days of general election to put up or otherwise exhibit in his factory, work-shop, or other establishment or place where his employees may be working, any hand-bill or placard containing any threat, notice, or information that in case any particular ticket or candidate shall be elected, work in his place or establishment will cease, in whole or in part, or his establishment be closed up, or the wages of his workmen be reduced, or other threats, express or implied, intended or calculated to influence the political opinions or actions of his employees. This section shall apply to corporations, as well as to individuals, and any person or corporation violating the provisions of this section shall be deemed guilty of a misdemeanour, and any corporation violating this section shall forfeit its charter.

Section 41d. Every candidate who is voted for at any public election held within this state shall, within ten days after such election, file as hereinafter provided an itemized statement, showing in detail all the moneys contributed or expended by him, directly or indirectly, by himself or through any other person, in aid of his election. Such statement shall give the names of the various persons who received such moneys, the specific nature of each item, and the purpose for which it was expended or contributed. There shall be attached to such statement an affidavit subscribed and sworn to by such candidate, setting forth in substance that the statement thus made is in all respects true, and that the same is a full and detailed statement of all moneys so contributed or expended by him, directly or indirectly, by himself or through any other person in aid of his election. Candidates for offices to be filled by the electors of the entire state, or any division or district thereof greater than a county, shall file their statements in the office of the secretary of state. The candidates for town, village, and city offices, excepting the city of New York, shall file their statements in the office of the town, village, or city clerk respectively, and in cities wherein there is no city clerk, with the clerk of the common council wherein the election occurs. Candidates for all other offices, including all offices in the city and county of New York, shall file their statements in the office of the clerk of the county wherein the election occurs.

Section 41e. A person offending against any provision of sections forty-one and forty-one-a of this act is a competent witness against another person so offending, and may be compelled to attend and testify upon any trial, hearing, proceeding, or investigation in the same manner as any other person. But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. A person so testifying shall not thereafter be liable to indictment, prosecution, or punishment for the offense with reference to which his testimony was given and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution.

Section 41f. Whosoever shall violate any provision of this title, upon conviction thereof, shall be punished by imprisonment in a county jail for not less than three months nor more than one year. The offenses described in section[53] forty-one and forty-one-a of this act are hereby declared to be infamous crimes. When a person is convicted of any offense mentioned in section forty-one of this act he shall in addition to the punishment above prescribed, forfeit any office to which he may have been elected at the election with reference to which such offense was committed; and when a person is convicted of any offense mentioned in section forty-one-a of this act he shall in addition to the punishment above prescribed be excluded from the right of suffrage for a period of five years after such conviction, and it shall be the duty of the county clerk of the county in which any such conviction shall be had, to transmit a certified copy of the record of conviction to the clerk of each county of the state, within ten days thereafter, which said certified copy shall be duly filed by the said county clerks in their respective offices. Any candidate for office who refuses or neglects to file a statement as prescribed in section forty-one-d of this act shall be deemed guilty of a misdemeanour, punishable as above provided and shall also forfeit his office.

[Footnote 53: So in the original.]

Section 41g. Other crimes against the elective franchise are defined, and the punishment thereof prescribed by special statutes.

Section 2. Section forty-one of the Penal Code, as it existed prior to the passage of this act, is hereby repealed.



Section 3. This act shall take effect immediately. APPENDIX K.

FORM OF AUSTRALIAN BALLOT ADOPTED IN MASSACHUSETTS, 1889.

OFFICIAL BALLOT

FOR

PRECINCT, WARD,

OF (CITY OR TOWN),

NOVEMBER, 18.

[Fac-Simile of Signature of Secretary.] Secretary of the Commonwealth.

SAMPLE BALLOT,

With explanations and illustration.

Prepared by the Ballot Act League with the approval of the Secretary of the Commonwealth.

* * * * *

Some representative districts elect one, some two, and a few three representatives to the General Court. Worcester County elects four commissioners of insolvency instead of three as in other counties.

No county commissioners or special commissioners will be voted for in the cities of Boston and Chelsea or the county of Nantucket.

* * * * *

Forms for nominating candidates can be had at the department of the Secretary of the Commonwealth.

* * * * *

Carefully observe the official specimen ballots to be posted and published just before election day.

To vote for a Person, mark a Cross X

GOVERNOR Vote for ONE. OLIVER AMES, of Easton Republican. WILLIAM H EARLE, of Worcester Prohibition. WILLIAM E. RUSSELL, of Cambridge Democratic.

LIEUTENANT-GOVERNOR Vote for ONE. JOHN BASCOM, of Williamstown Prohibition. JOHN Q.A. BRACKETT, of Arlington Republican. JOHN W. CORCORAN, of Clinton Democratic.

SECRETARY Vote for ONE. WILLIAM S. OSGOOD, of Boston Democratic. HENRY R. PEIRCE, of Abington Republican. HENRY C. SMITH, of Williamsburg Prohibition.

TREASURER Vote for ONE. JOHN M. FISHER, of Attleborough Prohibition. GEORGE A. MARDEN, of Lowell Republican. HENRY O. THACHER, of Yarmouth Democratic.

AUDITOR Vote for ONE. CHARLES R. LADD, of Springfield Republican. EDMUND A. STOWE, of Hudson Prohibition. WILLIAM A. WILLIAMS, of Worcester Democratic.

ATTORNEY-GENERAL Vote for ONE. ALLEN COFFIN, of Nantucket Prohibition. SAMUEL O. LAMB, of Greenfield Democratic. ANDREW J. WATERMAN, of Pittsfield Republican.

COUNCILLOR, Third District Vote for ONE. ROBERT O. FULLER, of Cambridge Republican. WILLIAM E. PLUMMER, of Newton Democratic. SYLVANUS C. SMALL, of Winchester Prohibition.

SENATOR, Third Middlesex District Vote for ONE. FREEMAN HUNT, of Cambridge Democratic. CHESTER W. KINGSLEY, of Cambridge /Republican. Prohibition.

DISTRICT ATTORNEY, Northern District Vote for ONE. CHARLES S. LINCOLN, of Somerville Democratic. JOHN M. READ, of Lowell Prohibition. WILLIAM B. STEVENS, of Stoneham Republican.



——————————————————————————————- in the Square at the right of the name. ——————————————————————————————- ——————————————————————————————- REPRESENTATIVES IN GENERAL COURT

First Middlesex District. Vote for TWO.

WILLIAM H. MARBLE, of Cambridge Prohibition. ISAAC McLEAN, of Cambridge Democratic. GEORGE A. PERKINS, of Cambridge Democratic. JOHN READ, of Cambridge Republican. CHESTER V. SANGER, of Cambridge Republican. WILLIAM A. START, of Cambridge Prohibition. ——————————————————————————————-

SHERIFF Vote for ONE.

HENRY G. CUSHING, of Lowell Republican. _ HENRY G. HARKINS, of Lowell Prohibition. _ WILLIAM H. SHERMAN, of Ayer Democratic. _ __________ ——————————————————————————————- COMMISSIONERS OF INSOLVENCY Vote for THREE.

JOHN W. ALLARD, of Framingham Democratic. _ GEORGE J. BURNS, of Ayer Republican. _ WILLIAM P. CUTTER, of Cambridge Prohibition. _ FREDERIC T. GREENHALGE, of Lowell Republican. _ JAMES HICKS, of Cambridge. Prohibition. _ JOHN C. KENNEDY, of Newton Republican. _ RICHARD J. McKELLEGET, of Cambridge Democratic. _ EDWARD D. McVEY, of Lowell Democratic. _ ELMER A. STEVENS, of Somerville Prohibition. _ __________ __________ __________ ——————————————————————————————-

COUNTY COMMISSIONER Vote for ONE.

WILLIAM S. FROST, of Marlborough Republican. _ JOSEPH W. BARBER, of Sherborn Prohibition. _ JAMES SKINNER, of Woburn Democratic. _ __________ ——————————————————————————————-

SPECIAL COMMISSIONERS Vote for TWO.

HENRY BRADLEE, of Medford Democratic. LYMAN DYKE, of Stoneham Republican. JOHN J. DONOVAN, of Lowell Democratic. WILLIAM E. KNIGHT, of Shirley Prohibition. ORSON E. MALLORY, of Lowell Prohibition. EDWIN E. THOMPSON, of Woburn Republican. ——————————————————————————————-



SUGGESTIONS TO VOTERS.

Give your name and residence to the ballot clerk, who, on finding your name on the check list, will admit you within the rail and hand you a ballot.

Go alone to one of the voting shelves and there unfold your ballot.

Mark a cross X in the square at the right of the name of each person for whom you wish to vote. No other method of marking, such as erasing names, will answer.

Thus, if you wished to vote for John Bowles for Governor, you would mark your ballot in this way:—

GOVERNOR Vote for ONE JOHN BOWLES, of Taunton Prohibition. X THOMAS E. MEANS, of Boston Democratic. ELIJAH SMITH, of Pittsfield Republican.

If you wish to vote for a person whose name is not on the ballot, write, or insert by a sticker, the name in the blank line at the end of the list of candidates for the office, and mark a cross X in the square at the right of it. Thus, if you wished to vote for George T. Morton, of Chelsea, for Governor, you would prepare your ballot in this way:—

GOVERNOR Vote for ONE JOHN BOWLES, of Taunton Prohibition. THOMAS E. MEANS, of Boston Democratic. ELIJAH SMITH, of Pittsfield Republican. George T. Morton, of Chelsea X

Notice, that for some offices you may vote for "two" or "three" candidates, as stated in the ballot at the right of the name of the office to be voted for, e.g.: "COMMISSIONERS OF INSOLVENCY. Vote for THREE."

If you spoil a ballot, return it to the ballot clerk, who will give you another. You cannot have more than two extra ballots, or three in all. You cannot remain within the rail more than ten minutes, and in case all the shelves are in use and other voters waiting, you are allowed only five minutes at the voting shelf.

Before leaving the voting shelf, fold your ballot in the same way as it was folded when you received it, and keep it so folded until you place it in the ballot box.

Do not show any one how you have marked your ballot.

Go to the ballot box and give your name and residence to the officer in charge.

Put your folded ballot in the box with the certificate of the Secretary of the Commonwealth uppermost and in sight.

You are not allowed to carry away a ballot, whether spoiled or not.

A voter who declares to the presiding official (under oath, if required) that he was a voter before May 1, 1857, and cannot read, or that he is blind or physically unable to mark his ballot, can receive the assistance of one or two of the election officers in the marking of his ballot.

THE END

Previous Part     1  2  3  4  5  6  7  8
Home - Random Browse