The United States constitutional manual : being a comprehensive compendium of the system of government of the country, presenting a view of the general government in its legislative, executive and judical departments, and of the governments of the states, particularly that of Pennsylvania, and their relations respectively to the Union and to each other : with definitions, constructions of constitutional provisions, and explanations in the form of questions and answers, designed for academies, schools and readers in general

Front matter

THE

CONSTITUTIONAL MANUAL;

BEING A COMPREHENSIVE COMPENDIUM

Preface

An acquaintance with the political instutions of our country is so important, that it can neither be trite to recommend it as interesting and valuable, nor superfluous to offer new aid for its attainment.

Where there is accuracy of information, on such a subject, the attempt ought not to be considered an unworthy one, if in its method it solicits attention, familiarizes useful knowledge, or is, in any way, adapted to the wants of sociefy.

The writer would ask that the proposition, in reference to the general subject, contained in the title, and divisions and heads of the work, be considered in connection with its declared purpose and necessary limits. There is no pretention here to the character of a full and extended treatise. The plan and mathod were require d, it is apprehended, in order to present perspicuously the matter furnished, in a form suited for easy reference by all; and as having, besides, the advantage of suggesting to the student or reader a systematic course for pursuing his inquiries on the subject. No one can be more inclined to recommend to all, having an opportunity of acquiring it, a thorough and complete knowlege of the government and constitutional law of our country, to be derived from the many able and profound expositions thereof that are extant.

It will be observed, that the view here given of our system of government is a practical one ; exhibiting it as actually existing and in operation, rather than with respect to the theory of it, in the abstract; and showing its powers and duties, as constitutionally ascertained, and administered in practice, r-ither than the reasons therefor.

It is with this design, that the arrangement has been adopted, by which the general subject is treated of, not in the order of the text of the federal constitution, or of those of the States ; but under divisions and heads appropriate to the real administration of our government and laws, and which allow of the introduction of a greater amount and variety of information in its natural place.

In our complex political system, consisting of a general government, and a number of separate State governments, acting in certain relations to it and to each other, the distinction between the general government and the State governments is of the greatest moment, often being the occasion of questions of much weight and delicacy. It has, therefore, been made an object especially to present this principle, with its relative bearings, throughout the work; and, it is thought, the arrangement by which the subject of the general governmeut and that of the Slate governments are treated of separately, under distinct heads, is particularly suited to this end. The relations of the Stales to each other are, also, thus kept in view.

Besides what relates to constitutional provisions, or their construeit PREFACE.

tion, in a strict sense, there are embraced here such notices of Acts of Congress, the common and statute law of the States, and the ordinary civil officers, their duties and powers, as the nature of the subject would admit; with the endeavour to illustrate, to this extent, the principles and administration of our government and laws.

The book is designed to be a Manual, for popular use, and frequent and easy reference, on various topics of common and general interest ; to which order of disposition is an essential requisite. This plan demanded the employment of numerous divisions, titles and heads ; and it ought not, then, to be an objection, that, in some instances, there is a repetition of the same matter under different heads.

That there should be a general knowledge, in the community, for practical purposes, of our institutions and laws, lies at the very foundation of our government. Where the political rights of all the citizens are equal, and every one is enabled to exert an influence in the administration of public affairs ; they should be well informed as to their rights and duties, and in regard to the powers conferred upon those whom they place in office. There is not so much weight to be attached to the existence of good forms of government, or just and beneficial laws, as to their application and execution ; and many late events, in our country, most seriously force upon the mind the consideration, that the due administration of the government and laws depends in a great degree upon the co-operation of the people at large ; and, of course, upon their intelligence and virtue.

It is only a proper understanding of our civil institutions that can induce strong and settled attachment to their principles, and impart ability for their maintenance; compared with which all other impulses or sentiments in regard to them are as nothing.

The propriety of inculcating this kind of information in the education of youth must be obvious. It is the writer's impression that the works published especially for this purpose have been either too technical and abstract ; or, in many instances, too simple. He conceives that there have been mistakes made, in forming too low an estimate of the capacity of youth to comprehend, and their disposition to be interested in such studies.

It seems that there are but wanting facilities of the right kind in order to secure the most useful attention to these subjects, among all classes of the community.

An eminent jurist, and author on constitutional law, has observed : "Constitutions are instruments of a practical nature, founded on the common business of human life, adapted to common wants, designed for common use, and fitted for common understandings. The people make them ; the people adopt them ; the people must be supposed to read them, with the help of common sense ; and cannot be presumed to admit in them any recondite meaning, or any extraordinary gloss."

Harrisburg, June 8th, 1845.

Table Of Contents

CONSTITUTION OF THE UNITED STATES.

Chapter I

Of the Government of the United States, in general.

Of forms of government, in general, Of the government of the United States, its origin, principles and objects, Of the colonial governments, Of the Revolutionary Government,

or Continental Congress, Of the Confederation of the States, Of the nature and powers, in general, of the federal government, Relations of the several States to it, classification of its powers, 24,25

Its powers exclusive or concurrent, 25

Of the declared general rights and principles in the federal constitution,

Powers of the federal government distributed among several departments,

Departments of government, their organization and nature,

Of the Territorial Governments,

Of citizens of the United States, native and naturalized,

Slaves,

Aliens, their rights and disabilities,

27 27 27 27 28

CHAPTER II. Of the Constitution of the United States

Its adoption and its nature, Definition of a constitution, Constitutional law, Constitutional questions, how determined,

power of Courts to decide,

CHAPTER III. Of the Congress of the United States

Legislative department of the gov

29,30 29 29

Rules of interpretation, 32,34

Preamble of the Constitution, 35

construction of, 35

Of Amendments to the Constitution, 36 eminent, 37

Congress consisting of two branches, 37 Organization of Congress. 37

SENATE OE THE UNITED STATES.

Organization of the Senate, 3S

Number of Senators, qualifications, election, term of service, vacancies, 38,30

Contents

Power as to appointments to office, 39

Power as to impeachments, 40

nature of impeachments, 40

Chapter IV

Of the powers prohibited to Congress, and the federal government.

Of powers prohibited, in general, As to the importation of slaves, importation of slaves from foreign countries punished as piracy by act of Congress, As to the writ of habeas corpus explanation of the writ, As to bills of attainder, explanation of, As to ex post facto laws,

explanation of, As to taxes or duties, capitation or direct taxes to be in proportion to the number of taxables, &c.

no tax on exports,

No preference of one State over another,

As to drawing money from the treasury,

As to titles of nobility,

As to the establishment of religion, and the exercise thereof,

As to the freedom of speech and of the press,

As to the right of petition,

General provision of the federal constitution as to powers not dele-

76 CHAPTI

Of the powers prohibited to the several States.

The prohibition express, or implied,

absolute or qualified, 78

As to making treaties or alliances, 78

As to engaging in war, &c. 79

As to keeping troops, SfC. 79 As to coining money, or emitting

bills of credit, &c. 79

As to laws impairing contracts, 79 construction of this prohibition, As to ex post facto laws, As to bills of attainder, As to titles of nobility, As to duties on imports or exports, As to duties on tonnage, As to fugitives from justice, construction of,

76 76

79 80 80 80 80 80 81 82

Chapter VI

Of certain rights and privileges, expressly secured to the several States, and the citizens thereof, by the federal Constitution.

As to fugitives from labor or service, 84

Nature of these rights and principles, 83 As to the public acts and records of

each State, 83

Rights of citizens of each State in

the others, 83

As to fugitives from justice, 84

As to a republican government in each State, 85

Protection of each State against invasion, 85 against domestic violence. 85

Chapter VII

Of certain general principles and declarations of rights, contained in the federal Constitution.

Nature and object of these provi- | As to trial by jury, 86

sions, their authority and force, 85, 86 I As to searches and seizures. 87

A* to the writ of Habms Corpus, 86 As to warrants, 87

CONTENTS,

PAGE.

As to trial by indictment, 87

As to the rights of an accused person, to be informed of the cause of his accusation, 87

to be confronted with the witnesses

against him, 87

to have process for his witnesses, 87 to have the aid of counsel, 87

not to be twice put in jeopardy of

life or limb, 87

not compelled to be witness against himself,

Protection by " due process of law,"

As to excessive bail,

As to excessive fines and cruel punishments,

Security of private property,

Right of the people to bear arms,

As to quartering of soldiers upon private persons,

Reservation of powers to the States respectively, or to the people.

PAGE.

88 88

88 88 88

Executive department

government, Qualifications for President, Mode of election,

presidential electors, Duration of office, Oath of office, Compensation,

Power as to the army and navy, Power as to the militia, Power of pardon and reprieve, Consulting power, Power as to treaties, Power as to appointments to office,

as to removal of officers, Power as to bills of Congress,

his veto power, Power to convene Congress, Power to adjourn Congress, Duty to give information to Con-

CHAPTER VIII. Of the President of the United States

of federal

Power to receive ambassadors, 95

To take care that the laws be faithfully executed, 95 Impeachment of the President, 95 Vacancy in office, how filled, 96

Vice President of the United States.

Election of, 96

To be President of the Senate,

When to act as President of the U. S. 9(

Vacancy in office, how filled,

Executive officers of the United States.

Officers classed as executive and judicial, and the executive, as civil and military,

Offices, how created,

Appointment, and removal of,

Commissions,

As to religious tests of,

Impeachment of,

Executive Departments.

Heads of Departments, appointment of, cabinet of the President of the U. S. 9t

State Department,

Treasury Department,

War Department,

Navy Department,

Post Office Department,

Ambassadors, SfC.

Consuls,

Districts of the United States, and officers therein.

CHAPTER IX. Of the Judiciary of the United States

The judicial powers of the federal government, 103

its nature and powers, as a department of the government, 103

Jurisdiction in general, 104

Judges, appointment of, tenure of office, compensation, 104-5

Supreme Court of the United States,

organization, jurisdiction, 105-6

Circuit Courts of the United States,

organization, jurisdiction, 107

CONTENTS.

PAGE.

District Courts, of the U. States, organization, jurisdiction, 107-8

Officers of the United States courts, attorneys, and counsellors at law, 108

Attorney General of the U. States, 108

District Attornies of the U. States, 108

PAGB.

Marshals, 109

Goals and prisons, 109

Jurisdiction of State courts and magistrates under the laws of the United States. 109

CHAPTER I. Of the governments of the States

Each State a republic, 111

Principles of government, 111 "When the several States became

independent, 112

Constitutions of the several States, 113 Relations of the several States to

the federal government, 113

Relations of the States to each other, 1 1 3

Classification of the provisions of the State constitutions, 114

The State governments of limited powers, 115

Division of the powers of government, in the several States, into different departments. 115

Chapter II

Of the municipal law, in general, of the several States.

Corporations, definition,

aggregate and sole, ecclesiastical and lay, eleemosynary and civil, public and private,

Persons, adults and infants,

Definition of municipal law, Written or statute law, Constitutions, Treaties, Statutes, when a statute takes effect, the latest statute prevails, a statute may be declared unconstitutional and void, 11 8 Common or unwritten law, defined, 118 Equity or chancery law, 119 The law of nations, defined, 119

Divisions, and definitions, in law.

Rights and wrongs, 120

Rights of persons, # rights of things, 120 Private wrongs and public wrongs, 120 Persons natural and artificial, 121

Persons, males and females,

Public and private persons,

Citizens and aliens,

Husband and wife, parent and child,

master and servant, guardian and

ward, 1 24

Slaves, 124

Property in possession, or in action, 125

property, real or personal, 125

Testator and intestate, 125

Executors and administrators, 125

Division of time, in law, 1 25

Territorial divisions. 126

CONTENTS.

CHAPTER III. Of the Declaration of Rights, in a State

PAGE.

Definition, 126

Equality of rights, 127

As to hereditary titles, 127

Supreme power of the people, 127

Religious liberty, ] 28

As to religious tests, 128

Liberty of speech, and of the press, 128

Security of property, 129

Security of contracts, 129

Right of the people to assemble, 129

As to ex post facto laws, 1 29

As to bills of attainder, 129

PAGE,

As to the writ of Habeas corpus, 130 As to warrants, searches & seizures, 130 As to bailing prisoners, 130

Trial by indictment, 130

R ight of the accused in criminal cases, 1 3 1

Right of trial by jury,

As to fines and punishments,

Attainder,

As to suspension of laws,

As to administration of justice,

As to imprisonment for debt,

Right of emigration.

CHAPTER IV. Of the Legislatures of the several States

Legislative power of a State, 133

Division into two branches, 133

Qualifications of members, 134

Number of members, 1 33

Apportionment of members, 134

Election of members, 134

Term of service of members, 134

Time of meeting, 135

Adjournment of, 135 Privilege of members from arrest, 135

Compensation of members, 1 36

Freedom of speech in debate. 136 Separate power and duties of each

House.

General powers and privileges, 136 To judge of the election and qualification of members, 136 As to a quorum, 136 Officers, 136 Rules of proceeding, 136 Power to punish its members, 1 37 Expulsion of members, 137 To sit with open doors, 137

Journals, 137

Power to punish for contempt, 137

General duties and powers of the State

Legislatures.

Powers derived from the State constitutions, 138 Powers granted, express or implied, 138 Powers prohibited, expressly impliedly, 139 Powers prohibited by federal constitution, 139 As to the appointment of officers, 140 Impeachment of officers, 140 As to the mode of enacting laws, 140 bills to be presented to the governor of the State, 1 40 his approval or disapproval, 140 Of the acts of Assembly, or statute of a State, 141 where filed and recorded, 141 publication of. 141 proof of, 141

CHAPTER V. Of the Governors of the several States

Of the executive department of a

State, 142

Supreme executive power generally

vested in a governor, Executive council in some States, Qualifications for.

Election,

142 143 143 143

Term of service, Compensation, Duties and powers,

as to the Legislature, As to bills of the Legislature, Power of appointing officers, Military power.

CONTENTS.

Power of pardon,

Impeachment of,

Vacancy in office, how filled,

PAGE.

144 145 145

PA9E.

Lieutenant Governor, 145

Chief executive State officers, or Heads of Departments. 145

Chapter VI

ral courts,

Judges, appointment of, salaries, removal from office, incompatibility,

Mayor's or Recorder's Court,

Justices of the Peace,

Officers of the State courts,

Prothonotary, or clerk,

Attornies at law,

Attorney General,

Prosecuting Attornies,

Constables.

Of the Courts and Judiciary of the States.

Of the judicial power of the several States,

Courts of original, and appellate, jurisdiction,

Courts of civil, and criminal, jurisdiction,

Courts of record, and not of record,

Courts of equity or chancery,

The ordinary courts in a State, organization of,

Jurisdiction of State courts under the laws of the United States,

State courts may declare laws unconstitutional and void,

Appeal to the Supreme Court of the U. States from State courts,

Jurisdiction concurrently with fede-

Chapter VII

Of the States, and State officers ; and counties and townships, and the officers thereof.

Of Counties and County Officers.

States divided into counties and townships : and of cities and boroughs, 157 Counties, organization of, 157 County taxes and expenditures, 158 Courts in a county, 158 County officers, 158 Prothonotary, or clerk of courts, 158 Register, 158 Recorder, 159 Prosecuting attorney, 159 Sheriff, 159 Coroner, 160 County trustees or commissioners, 160 County treasurer, 160 County auditors, 160 Of townships, and township Officers.

Justices of the Peace, 161 Supervisors of roads, 161 Directors of the Poor, 162 Assessors, 162 Collectors of taxes, 162 Constables, 162

Officers, in general,

State, county or township, judicial or executive, civil or military, offices, how created, power of appointment, in general,

Electors, right to vote,

Elections, how held,

Tenure of office,

Qualifications for office,

Religious sentiments,

Removal from office ,

Oath of office.

States and State Officers.

State officers,

Executive department,

Governor, df Heads of Departments

Taxation and revenue,

State loans and stocks,

Secretary of State,

State Treasurer,

State Auditor,

CONTENTS.

PAGE.

School directors, 163

Township auditors, 163

Of Cities and Officers therein.

Definition, 163

Division into wards, 164

Officers, corporate, 164

officers, under general law, 1 64

Mayor, 164

PAGE.

Of Boroughs, and Officers therein.

Definition, 165

part of township, 165

divided into wards, 165

Officers, corporate, 165

Officers under general law. 165

CONSTITUTION OF PENNSYLVANIA.

CHAPTER I. Of the Government of Pennsylvania, in general

The State a republic, 187

principles of government, 187

Constitution of the State, 188

Relation to the Union, 188

Relation to the other States severally,

Classification of provisions of the

State constitution, 189

Departments of government, legislative, executive and judicial. 190

CHAPTER II. Of the municipal law of Pennsylvania, in general

Definition of municipal law, Divided into common or unwritten law, and statute or written law, 192

Explanation of common law, 192

Explanation of statute or written law, 193 Rules for construction of statutes. 193

CHAPTER III. Of the Declaration of Rights of Pennsylvania

Its nature and authority, 1 95 I

Equality of rights, 195

Supreme power of the people, 1 96 |

As to religion & rights of conscience, 196 j Freedom of elections, 196 i

Trial by jury, 197 j

Freedom of speech, and of the press, 197 j prosecutions for libels, 197

Searches and seizures, 197

Rights of accused in criminal cases, 198

Security of private property, ] 98

Courts and administration of justice, 199 Suspension of laws, 199

Bailing of prisoners, 199

Fines and punishments, 199

Writ of Habeas corpus, 200

Commissions of Oyer & Terminer, 200 Imprisonment of debtors, 200

fSx post facto laws, 201

Laws impairing contracts, 201

CO>fT.

BNT3.

xiii

PAGE.

PAGE.

As to the quartering of soldiera,

No titles of nobility,

Tenure of offices,

As to emigration.

, 202

Attainder of treason and felony.

As to a standing army,

Military power to be subordinate,

CHAPTER IV. Of the Legislature of Pennsylvania

Legislative department, 204 | bers, 4-c.

Divided into Senate and House of as to vacancies,

Representatives, 204 Quorum of each House,

Branches act separately, 204 | Elections of officers,

Assent of both necessary to pass a | Rules of proceeding,

l aw 204 i Power to punish members, and ex-

pulsion of, Doors of each House to be open,

209 210 210 210 210

SENATE Z

Election of Senators, and term of

service, 204

Number and apportionment, 205

Power as to appointment of officers, 205 To try impeachments, 206

HOUSE OF REPRESENTATIVES :

Election of members, and term of

service, 208

Number of members, apportionment, 207 Bills for revenue must originate in, 207

Of the duties, powers and privileges, of the Legislature.

Time of meeting of the Legislature, 207

Governor may convene, members may be compelled to at tend, Adjournment of the Legislature, Privilege of members from arrest, Freedom of speech in debate, Incompatibility of offices, Compensation of members,

210 211 211 211

Power to punish for contempt,

As to proceedings of the Governor, 211

Adjournment, 211

Of the general duties and poivers of

the Legislature.

Its powers defined by State constitution, 212 its powers limited, by constitutions of the U. States and of the State, 212

212 212 213 213 213 general nature of its powers, Divorces, Revenue, State Treasurer, Corporations, banks, Taking private property for public use,

2 ()8 I Schools, seminaries, tyn.Q Amendments to the constitution, 20o | Of the mode of enacting laws, 9f) o j Of acts of assembly, ~^ () filed and recorded in office of Secretary of the Commonwealth,

Separate powers and duties of each I how published,

House. j their force an d' effect,

Nature of the powers of each House, 209 j may be declared unconstitutional

To judge of the election of its mem- j and void.

Chapter V. 213 213 214 214 215 216

217 216

Supreme executive power, Election ; Qualifications ; Term of office ; Re-eligibility ; Oath of office ; salary ; Military power, Power of appointment, Power of pardon and reprieve,

Of the Governor of Pennsylvania.

217 I To give information to the Legisla- 217 ture, 220

217 power of the Legislature as to his

218 acts and proceedings, 220

218 Power to convene the Legislature, 221

219 to adjourn the Legislature, 221

220 | Power as to legislation ; veto power ; 22 ^

CONTENTS.

PAGE.

General duty as to the execution of

the laws, 221

Impeachment of the Governor, 221

JPAGE.

Vacancy in office, how supplied, 222 Chief executive departments, Heads of Departments. 222

CHAPTER VI. Of the Judiciary of Pennsylvania

Judicial department,

Judges ; how appointed ; duration of office ; tenure of office ; salaries; incompatibility; 223

Supreme Court of Pennsylvania.

Organization, districts, 225

Jurisdiction, 225

appeals and writs of error, 226

Courts of Nisi Prius, in Philadelphia,

Decisions final,

Appeal from it in certain cases, to the Supreme Court of the United States,

Courts of Common Pleas.

Organization, and jurisdiction, judicial districts, Courts of Oyer and Terminer, $c.

Organization, and jurisdiction, 227

Courts of Quarter Sessio?is of the Peace.

Organization and jurisdiction. 227

226 226 226

226 226

228 229 229

Register's Courts.

Organization and jurisdiction, Orphans' Courts.

Organization and juridiction, District Courts.

Organization and jurisdiction, Officers of courts.

Prothonotaries and clerks, Sheriffs,

Attornies-at-law, Attorney General of Commonwealth, 229 Deputies, or prosecuting attornies, 230 Of Jurors, 230 grand jurors, 231 petit jurors, 231 Justices of the peace, 232 election, jurisdiction, 232 Aldermen, 233 election, juiisdiction, 233 Constables, 233 Tipstaves. 234