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Studies in Civics by James T. McCleary

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If more than one return has been received from any state, those votes only
shall be counted which have been determined as provided in section two.

If two or more returns appear, each certified by authorities claiming to
be the lawful tribunal of the state, the vote shall be counted which the
two houses, acting separately, "concurrently decide is supported by the
decision of such state so authorized by its laws."

If more than one return comes in from any state, no determination such as
is prescribed in section two having been made, the two houses concurrently
decide which, if any, of the votes shall be counted. If in such a case the
houses disagree, the votes of those electors shall be counted whose
appointment shall have been certified by the executive of the state.

When the case in question has been disposed of, the joint session is
resumed and the counting continued.

7. In the joint meeting, the president of the senate has authority to
preserve order. No debate is allowed, and no question can be put, "except
to either house on a motion to withdraw."

8. When discussing an objection, in separate session, no member can speak
more than once, and then for not longer than five minutes. The entire time
for discussion is limited to two hours.

9. Provision is made for the seating of every one entitled to a seat on
the floor of the house; and the act declares that "such joint meeting
shall not be dissolved until the count of electoral votes shall be
completed and the result declared."

Some time after the passage of the law, it was discovered that a strange
omission had been made. By the old law, the electors in each state were
required to appoint a messenger to take one of the certificates of votes
cast, and deliver it to the president of the senate on or before the
_first Wednesday_ in January. By the new law the electors do not meet
until the _second Monday_ in January. The inconsitency was remedied,
however, by a supplementary act, providing that certificates shall be
forwarded "as soon as possible," and authorizing the president of the
senate to send for missing certificates on the fourth Monday in January.


Extradition is "the delivering up to justice of fugitive criminals by the
authorities of one state or country to those of another." [Footnote:
Lalor's Cyclopedia of Political Science.]

The duty of extradition between the states of this republic is imposed by
the federal constitution, IV. 2; and the mode of procedure is prescribed
by an act of congress passed in 1793. The term "other crimes" used in the
constitution is generally interpreted "so as to include any offense
against the laws of the state or territory making the demand." On the
question whether the executive upon whom demand is made is bound to
comply, the federal courts have decided that his duty in the matter is
imperative; that he must deliver up the fugitive, unless the accused shall
also be under prosecution for breach of the laws of the state to which he
has fled.

The procedure is this: "The accused must be indicted in the state in which
the crime was committed, or a charge must be brought against him before a
magistrate, who, if satisfied that the charge is true, issues a warrant
for the arrest of the criminal. A copy of the indictment or affidavit is
forwarded to the executive of the state, and he issues to the executive of
the state to which the fugitive has gone, a requisition for his surrender.
If the executive upon whom the requisition is made is satisfied that the
papers are regular and the proof of the crime sufficient," he issues a
warrant "for the arrest and delivery of the accused to the agent of the
state making the demand."

The expense of these proceedings is borne by the state making the demand.

Between nations extradition is regarded as a matter of comity, and is
based upon special treaty. "In this country, power to make such a
surrender is conferred upon the executive [Footnote: This of course means
the president, as states cannot treat with foreign powers.] only where the
United States are bound by treaty, and have a reciprocal right to claim
similar surrender from the other power." In relation to the crimes for
which extradition may be demanded, it may be said in general that they are
specified in the treaty, and are such offenses as are recognized as crimes
by both countries. Consequently no two treaties are exactly alike.
Generally only things wrong in themselves, not things wrong by local
prohibition, are included. Offenses merely political are not included; and
"as opinions differ in different countries on what constitutes a political
crime, the surrendering nation is very properly made the judge of this

As a corollary to the preceding, it is a well-established rule of
international law, that the surrendered party can be tried only on the
allegations for which extradition has been accorded. This principle is
also generally recognized among the states.


A court martial is "a court consisting of military or naval officers, for
the trial of offenses against military or naval laws."

Courts martial are of three classes, general, garrison, and regimental.
General courts martial consists of from five to thirteen officers,
appointed by a general or by the president. Garrison and regimental courts
martial consist of three officers appointed respectively by the garrison
and the regimental commanders. Only general courts martial have
jurisdiction of capital offenses.

There are two marked characteristics of courts martial. First, the accused
is tried, not as in a civil court by his peers, but by his superiors.
Second, there is no distinction between judge and jury; the officers
comprising the court act in both capacities--they determine the fact and
apply the law. Sentence is by majority vote, except that to pronounce
sentence of death a two-thirds vote is necessary.

For convenience, one of the officers is designated to act as president by
the order convening the court. As prosecutor in the case, and also as the
_responsible_ adviser of the court, a judge-advocate is appointed, usually
by the same order. The accused is entitled to counsel; but if he is unable
to obtain any, the judge-advocate "must insist upon all rights belonging
to the accused under the law and the evidence."

The "findings" of a court martial must in each case be transmitted to the
convening authority and by it be approved, before being carried into
execution. "In time of peace, no sentence of a court martial involving
loss of life or the dismissal of a commissioned officer, and either in
time of peace or war no sentence against a general officer, can be carried
into effect without approval by the president of the United States."

The jurisdiction of courts martial extend only over offenses committed by
persons enlisted in the military or the naval service of the country.


The organization of territories in the United States is for two purposes:
to provide good government while population is sparse, and to encourage
their development into self-governing commonwealths, and their
incorporation into the federal system as rapidly as possible. (See page

Territories are organized by congress. In the organic act the boundaries
of the territory are defined, and a system of government is established.
"The governor and the administrative and judicial officers are appointed
by the president, but a territorial legislature is entrusted with limited
powers, subject to the approval of congress."

Each of the several territories may elect one delegate to a seat in the
United States Congress. The delegate may speak on subjects in which his
territory is interested, but he cannot vote.


The public lands are not meant to be held forever by the general
government. They are designed to be owned and occupied by American
citizens. To divide the land into pieces and thus to facilitate the
description and the location of any piece, is the principal purpose of the
survey. Incidentally the portions six miles square serve as bases for the
political divisions called towns, and this was part of the original plan.

The "old thirteen" and Maine, Vermont, Kentucky, Tennessee, and West
Virginia were surveyed in a very irregular way. Lands were described as
bounded by lines running from stumps to stones, thence to a creek and down
the main channel thereof. In 1785, a committee of the continental congress
was appointed, with Thomas Jefferson as chairman, to devise a simple and
uniform mode of surveying the public lands in what was about to be
organized as the Northwest Territory.

The most noticeable peculiarity of the system is that it is rectangular. A
prime meridian is first determined, then a baseline crossing it at right
angles. Then from points on the baseline six miles and multiples thereof
from the meridian, lines are run due north. And parallels to the base-line
are run at distances of six miles. The approximate squares thus formed are
called townships. The rows of townships running north and south are called
ranges. Townships are numbered north and south from the base-line; ranges
east and west from the meridian. The diagram on page 341 illustrates the

Since meridians all terminate at the poles, the lines between ranges,
being meridians, gradually approach each other as they go northward. The
lines, then, soon become so much less than six miles apart that a new
beginning has to be made. The parallel upon which this correction is made
is naturally called the correction line. Corrections were at first made
every thirty-six miles, but they are now made every twenty-four miles.

The first prime meridian starts at the mouth of the Great Miami and forms
the western boundary of Ohio. The second prime meridian begins at the
mouth of Little Blue Creek, in Indiana. The third, at the mouth of the
Ohio; the fourth at the mouth of the Illinois; and the fifth at the mouth
of the Arkansas. [Illustration: RANGES AND TOWNSHIPS] [Illustration: The
numbering of sections in a township.] [Illustration: Divisions of a
section.] The first prime meridian has several base-lines. The base-line
of the second meridian crosses it about twenty-four miles north of its
point of beginning, and the base-line of the third is a continuation of
that of the second. The principal base-line of the fourth meridian
coincides with the southern boundary of Wisconsin. It has also a short
base-line about six miles north of Quincy, Ills. The base-line of the
fifth meridian is just south of Little Rock, Ark.

From the first meridian most of Ohio is surveyed; from the second, Indiana
and the eastern twenty-four miles of Illinois; from the third, the rest of
Illinois, except a small portion north of Quincy; from the fourth, the
portion of Illinois just referred to, all of Wisconsin, and that part of
Minnesota east of the Mississippi; from the fifth, Arkansas, Missouri,
Iowa, Minnesota west of the Mississippi, and the Dakotas east of the

The sixth coincides with meridian 97 deg. 22', west of Greenwich. From it are
surveyed Kansas, Nebraska, Dakota south and west of the Missouri, Wyoming,
and all of Colorado except the valley of the Rio Grande del Norte.

Michigan, Florida, Alabama, Mississippi, and the states and territories in
the far west are surveyed from special meridians.


As a general rule, only surveyed lands are subject to entry. Under the
mineral land laws, however, claims can be located upon unsurveyed lands.

The public lands are divided as to price into two classes: those whose
minimum price is $1.25 per acre and those whose minimum is $2.50 per acre.
The latter, usually called "double minimum lands," are in most cases the
alternate sections reserved in railroad or other public land grants. In
some cases Indian reservations restored to the public domain have been
rated differently, the price varying from below the single minimum to
above the double minimum.

The remaining public lands are subject to entry under the homestead law,
the desert land law, and the timber and stone act; by the location of
scrip; and as town-site entries. Mineral lands are subject to entry only
under the mining laws; and special laws provide for the disposal of coal
lands and lands containing petroleum. Any person who is the head of a
family or is over twenty-one years old, and who is a citizen of the United
States, or has declared his or her intention to become such, may enter 160
acres of land without cost, except the land-office fees provided by law,
inhabiting, cultivating, and making actual residence thereon for the
period of five years; or such a settler may at the expiration of fourteen
months from date of settlement commute the entry by paying the government
price for the land.

No part of the public domain is now (since 1889) subject to private cash
entry, except in the state of Missouri and in cases where Congress has
made special provision therefor. The preemption and timber culture laws
were repealed in 1891. It has also been provided that no public lands of
the United States shall be sold by public sale, except abandoned military
reservations of less than 5,000 acres, mineral lands and other lands of a
special nature, and isolated tracts that have been subject to homestead
entry for three years after the surrounding land has been disposed of.


The slave _trade_ was prohibited by congress in 1808. From that time on it
was a felony to bring slaves into the United States.

Slavery never legally existed in the states carved out of the Northwest
Territory. It was forbidden by the ordinance of 1787.

Vermont abolished it in forming her state constitution in 1777. [Footnote:
Before her admission into the Union.]

Massachusetts, by constitution, 1780.

Pennsylvania, gradual abolition by statute, began in 1780; had 64 in 1840.

New Hampshire, by constitution, 1783.

Rhode Island and Connecticut, gradual abolition, 1784.

New York began in 1799, finished July 4, 1827.

New Jersey began in 1804, but had 18 in 1860.

By the Missouri compromise, 1820, slavery ceased "in all that territory
ceded by France to the United States, under the name of Louisiana, which
lies north of 36 degrees and 30 minutes north latitude," [Footnote: Thomas
amendment to act for admitting Missouri.] except Missouri. This part of
the act was, in the Dred Scott case, declared by the supreme court to be
invalid, still a provision forbidding slavery found its way into the
constitution of each of the states afterward seeking admission.

By the emancipation proclamation, Jan. 1, 1863, the slaves of those in
arms against the United States were declared free.

The thirteenth amendment, adopted 1865, abolished slavery in all parts of
the United States.

Lawmakers, pp. 168-70.]

Acclamation.--The most common way of voting on ordinary questions is by
acclamation; that is, when a question is put those in favor of it say
"aye," and then those opposed say "no." In this case, a majority of those
voting prevails. This is sometimes called voting _viva voce._

Division.--If the presiding officer is uncertain as to which side is in
the majority, he may call for a division, or this may be demanded by any
member. Then those voting in the affirmative stand and are counted, after
which those voting in the negative do similarly.

Yea and Nay.--On important questions in congress, or on any question by
demand of one-fifth of the members, the vote is by "yeas and nays" that
is, the roll is called, and each member responds "yea" or "nay." In some
states, including Minnesota, _all bills_ must be voted on in this way, and
must receive a majority of the total membership in order to pass.

HOW LAWS ARE MADE. [Footnote: The Minnesota process, given as a type.]

Framing a Bill.--A bill is a proposed law. The framing or drawing up of a
bill may be done by any person. For instance, a citizen desiring
legislation on any matter may formulate a bill for consideration by the
legislature. But many requests for legislation come in the form of
petitions, in which case the member to whom the matter is committed by the
petitioners usually frames the bill. Many bills originate in committee,
some of them as substitutes.

Bringing in.--At the time set in the daily order of business for
introducing bills, the member announces his bill by title, which should
indicate the matter considered therein, and sends it to the clerk's desk.

First Reading.--No bill can pass without at least three readings. When a
bill is first presented, the clerk reads it at the table, and hands it to
the speaker, who, rising, states to the house the title of the bill, and
that this is the first reading of it.

Commitment.--Unless objection is made, the bill, if not one which has been
formulated by a committee, is then referred for careful consideration to a
committee, standing or special. The number of subjects coming before a
legislative body is too great to permit the initial consideration of each
by the whole body. It is a note-worthy fact that our lawmaking is
virtually committee legislation. All bills for appropriating money shall
before passage be referred to the finance committee.

Second Reading.--When reported favorably by the committee, with
amendments, such amendments must be read in full, and if they are adopted
the bill passes to its second reading, which is by title only. If the bill
is of a general nature, it is printed and placed on the General Orders or
list of bills ready for consideration by the committee of the whole.

Committee of the Whole.-This consists of the entire membership of the
house. Its work is to perfect bills before they come up for final passage.
To this end great freedom of debate is permitted. This is the last
opportunity to offer amendments, except by unanimous consent. When the
house resolves itself into committee, the regular presiding officer leaves
the chair after designating a member to act as chairman. When the
committee rises, the presiding officer resumes the chair and the chairman
of the committee reports its action. Bills reported favorably are
engrossed, that is, rewritten neatly as amended, and are placed on the
Calendar, or list of bills ready for third reading.

Third Reading.--This is in full, and the question is on the passage of the
bill. If passed the bill is sent to the other house, with the announcement
that it has passed the first house.

Action in other House.--The bill is treated in the other house as in the
first. If passed, it is returned similarly to the house in which it
originated. If passed with amendments, these are considered. ENROLLMENT.--
When it has passed both houses, the bill is plainly and accurately written
on parchment, under supervision of the committee on enrolled bills.

SIGNING.--The enrolled bill is signed by the presiding officer of each
house, and, if he approves it, by the executive.

DISPOSITION.--The bill is then carried by the executive to the secretary
of state, who deposits it among the archives. Copies are made for
publication. [Footnote: Read Among the Lawmakers, pp. 60-64.]


Nature and Origin.--A savage meeting in the forest a person whom he has
never seen before is apt to look upon him as a foe. As civilization
increases, danger to one's personal rights decreases, and stranger ceases
to mean enemy. It has gradually come about that the confidence and
courtesy shown to one another by men in their individual relations have
extended to the relations of states. Morality, reason, and custom have
established among the nations certain rules of conduct with respect to one
another. The rules constitute what is called international law.

As might be guessed, international law is a matter of comparatively recent
origin, and exists only among the most highly civilized nations. Not being
the enactment of any general legislative body, having no courts competent
to pass upon it nor executive to enforce its provisions, this law must be
framed by agreement, and its carrying out must rest upon national good


The great purpose of international law being to preserve peace by removing
the causes of war, we shall first consider some of the arrangements
operative in times of peace.

Non-interference.--Among individuals it is found that, as a rule, it is
best for each person to mind his own business. Similarly, among nations
non-interference by one with the internal affairs of another is a cardinal
principle. It is, therefore, a general rule that a people may adopt such
form of government as they choose, and that whenever they wish they may
amend or entirely alter it. [Footnote: A change in the form of government
does not release the nation from prior obligations.] And the government
formed has a right to operate without dictation from other powers. Nor has
any foreign nation a right to inquire _how_ the government has come into
being; sufficient that it _is_ the government.

This right of a nation to manage its own affairs is called _sovereignty_.
It belongs to a small independent nation as completely as to a large one.
The act of one government in acknowledging the validity and sovereignty of
another is called _recognizing_ it. (See page 349, last paragraph.)

It is sometimes a delicate question to determine whether to recognize a
community as a nation or not. Thus, if a dependency is seeking to become
independent, our personal sympathies are naturally with it, and yet it
might be contrary to the law of nations, an "unfriendly act" to the
sovereign power, for our government to recognize its independence. During
the struggle of the Spanish-American colonies for separate political
existence, John Quincy Adams, then (1822) secretary of state, formulated
the proper rule of action thus: "In every question relating to the
independence of a nation two principles are involved, one of right and the
other of fact, the former exclusively depending upon the determination of
the nation itself, and the latter resulting from the successful execution
of that determination ... The government of the United States yielded to
an obligation of duty of the highest order by recognizing as independent
states nations which, after deliberately asserting their right to that
character, have maintained and established it against all the resistance
which had been or could be brought to oppose it. This recognition is ...
the mere acknowledgment of existing facts." [Footnote: Wharton's
International Law Digest, Volume I., page 162.]

Although sovereignty implies the right of a government to enter freely
into such relations with any other nation as may be mutually agreeable,
the nations of Europe feel at liberty in self-defense to interfere with
any arrangements that threaten the "balance of power." Thus France would
feel justified in opposing a very close alliance between Prussia and

It is our good fortune not to have any dangerous neighbors. We are
reasonably sure of peace so long as we act in accordance with the counsel
of Washington, "Friendly relations with all, entangling alliances with

Jurisdiction.--It is clear that the authority of a nation properly extends
over the land within its borders and over its inland waters. It is equally
clear that no nation should have exclusive jurisdiction over the ocean. It
is generally understood that a nation's authority extends out into the sea
a marine league from shore. But difficulty is encountered in determining a
rule of jurisdiction over bays, straits, wide-mouthed rivers and other
coast-waters. Shall the United States of right freely navigate the St.
Lawrence to its mouth, and the British the Yukon? Should Denmark receive
tribute of ships passing through the sounds to the Baltic, and may Turkey
prohibit foreign war vessels from passing through the Bosphorus? Is the
mouth of the Amazon part of the "high seas?" Is Hudson's Bay? Is Delaware
Bay? The difficulty is to formulate a rule that shall not unnecessarily
abridge commercial freedom but shall still have due regard to national
defense. The question at large is not settled yet, but it seems to be
agreed that in the cases of bays not more than ten miles wide at the
mouth, the marine league shall be measured from a straight line joining
the headlands.

"The United States cannot purchase a grant of land in, or concession of
right of way over, the territories of another nation, as could an
individual or a private corporation."

Intercourse.--While as an act of sovereignty a nation may shut out from
its borders any or all of the rest of mankind, intercourse is so natural
and is usually so mutually profitable that such prohibition is almost
unknown among civilized nations. Intercourse is regulated in different
nations in various ways. Some limit or control it by a passport system;
some by special supervision of strangers; some by a protective tariff;
others by giving to one nation commercial privileges not given to another.

Among the general rules that govern intercourse are these: Aliens are
entitled to protection from violence for themselves and their property.
They are amenable to the laws of the country in which they are sojourning,
except in certain oriental and other partly civilized countries. Aliens
may expatriate themselves and may become naturalized in the land of their
adoption. "The right of emigration is inalienable; only self-imposed or
unfulfilled obligations can restrict it." [Footnote: Heffter, quoted, in
Woolsey's International Law.]

The principle that crime should be tried and punished where committed
stands in the way of the trial of a culprit who has escaped to another
country. But for mutual protection most of the civilized nations have
treaties for the extradition of criminals. The United States have
extradition treaties with over twenty countries. (See How Criminals Are
Extradited, page 337.)

Ambassadors and Consuls.--We have considered briefly the rights and duties
of individual sojourners in foreign lands. Let us now consider the modes
and means of intercourse between the governments themselves.

Formerly when a nation wished to come to an understanding with another it
sent a special messenger clothed with necessary authority to act; but for
about two hundred years these representatives have, as a rule, taken up
their residence at the capitals of the countries to which they are sent.

There are various grades of these ambassadors. Ours in order of rank are
ambassadors, envoys-extraordinary and ministers plenipotentiary, ministers
resident, envoys, charges d'affaires, and, temporarily, secretaries of

"Ambassadors [including all of the above] always and everywhere have had
special immunities and often something of a sacred character ... Neither
public authority nor private persons can use any force, or do any violence
to him, without offending against the law of nations." [Footnote: Except
that if necessary for self-defense, passive resistance may be made.] This
immunity extends to his house, furniture, and attendants. Except in
extreme cases, he is exempt from civil or criminal process.

These diplomatic agents are appointees of the executive. Official
communications with the president are made through the secretary of state.
"In all negotiations between nations, sovereign should always speak to
sovereign and minister to minister."

A country may decline to receive _any_ ambassador from a certain nation;
and this may be necessary in case of a civil war in which two parties
claim to be the legal authorities, because receiving the ambassador of one
party would be equivalent to recognizing it as the legitimate authority.
And it may, without offense, decline to receive a _particular_ ambassador,
on account of some objection to him personally. It may also decline to
treat with a minister who has so deported himself as to become

When an ambassador arrives at the capitol of the country to which he is
sent, he seeks an interview with the secretary in charge of foreign
affairs and delivers to him a copy of his credentials. Afterwards on a day
appointed for the purpose, the secretary presents him to the executive
(sovereign or president), to whom he delivers the original commission.

Ambassadors of all grades are expected to avoid all interference with
political movements in the countries where they are stationed.

Consuls are the commercial agents of a country. They are stationed at the
principal ports of the world. Their chief functions are:

1. To furnish their government information that may be of service in the
commercial relations of the countries.

2. To settle disputes between masters and crews of merchant vessels in the
port sailing under the protection of the flag of the consul's country.

3. To reclaim deserters from vessels, and provide for destitute seamen.

4. In some non-Christian lands to act as judge in cases in which a
countryman or other person from a Christian state is a party. (See also
page 321.)

Treaties.--Treaties are contracts between nations[1], and in international
law much resemble ordinary contracts in municipal law. For instance, they
can be made only by certain persons--the constituted authorities of
nations, or by persons specially deputed by them for that purpose. A
treaty cannot obligate to do an unlawful act. There must be consideration
--a treaty which sacrifices the interests of one party is not binding upon
that party. Treaties obtained by fraud or force are not binding.

[Footnote 1: This from Woolsey's International Law is too good to be
omitted: "A contract is one of the highest acts of human free-will; it is
the will binding itself in regard to the future, and surrendering its
right to change expressed intention, so that it becomes morally and
jurally a wrong to act otherwise; it is the act of two parties in which
each or one of the two conveys power over himself to the other in
consideration of something; done or to be done by the other. The binding
force of contracts is to be deduced from the freedom and foresight of man,
which would have almost no sphere in society or power of co-operation,
unless trust could be excited. Trust lies at the basis of society; society
is essential for the development of the individual; the individual could
not develop his free forethought unless an acknowledged obligation made
him sure in regard to the actions of others. That nations as well as
individuals are bound by contract, will not be doubted when we remember
that they have the same properties of free will and foresight; that they
can have no safe intercourse otherwise."]

Further similarity between municipal and international law is to be seen.
The minister appointed to negotiate the treaty is an agent, and his work
is subject to the general law of agency. Thus, if he acts within his
instructions, his principal (the nation) is bound by what he does, and the
treaty-making power is in honor bound to ratify the treaty. From this it
will properly be inferred that there is an implied understanding that the
sovereign, or other power intrusted with the making of treaties, reserves
the right to accept or reject the work of the agent. (See sample treaty,
page 360.)

Remedy.--In municipal law, remedy for a wrong is obtained through the
courts, if personal influence fails. Among nations there is no general
court having jurisdiction. If redress cannot be obtained by remonstrance,
arbitration, or other peaceful means, it may be sought through retaliation
or finally in war.


"International law assumes that there must be wars and fightings among
nations, and endeavors to lay down rules by which they shall be brought
within the limits of justice and humanity."

Causes.--A nation may wage war to defend any right which as a state it is
bound to protect, to redress wrong, or to prevent injury; for instance, to
defend its own sovereignty; to protect a citizen in his rights; to obtain
satisfaction for insults to its flag, its ambassadors, or its good name;
for the violation of treaty rights; to prevent injury, as by checking the
onward march of some "conquering hero." War for conquest is not now
recognized as legitimate.

Beginning.--"War between independent sovereignties, is and ought to be, an
_avowed, open_ way of obtaining justice." Even among the ancients
announcements were usually made before war was begun. The Greeks sent a
herald to carry the news. "Among the Romans the ceremonies of making known
the state of war were very punctilious." But formal declarations of war
are now falling into disuse; not from any intention of taking the enemy
unawares, but because of the rapidity with which news is now disseminated.
Still a state is in honor bound to indicate in some way its changed
relation. This is due to the enemy, and just to its own citizens and to
neutrals, that they may know how to act. The enemy is usually informed by
the peremptory dismissal of its ambassador; the citizens and neutrals by a
manifesto of some kind. (See p.354.)

Between whom.--War being an interruption of peaceful relations, commerce
between the citizens is at an end--is forbidden. Contracts between them
then become either "impossible in their nature" or "unlawful," and
therefore void.

The war is not between the individual citizens of the two countries, it is
between the governments and is waged by authorized agents--the soldiers
and sailors enlisted for the purpose. "The smallest amount of injury
consistent with self-defense and the sad necessity of war, is to be
inflicted." Passive citizens are not unnecessarily to be molested.

Weapons.--Not "all things are fair in war." Though ingenuity may properly
tax itself to produce death-dealing instruments, underhanded means, such
as poisoning springs or spreading a plague, are condemned; nor is it now
regarded as consistent with right for a civilized nation to employ against
another, persons accustomed to an inhuman mode of warfare.

Heralds and Spies.--Heralds bearing flags of truce are inviolable--they
must not be molested. Spies, unless in their regimentals, are subject to
the death penalty if caught.

Pirates and Privateers.--Pirates, acting under no authority, having no
purpose to serve except to enrich themselves at the expense of any one
else, are not protected by any nation, and may be put to death by any one
capturing them. But privateers, acting as an arm of the government and by
its authority, granted by its letters of marque and reprisal, must be
treated as prisoners of war.

Prisoners of War.--Prisoners taken in war were formerly the property of
their captors, to be used for their pleasure or profit as slaves. Modern
usage requires that they be merely detained; that they be fed and
sheltered with reasonable comfort, and not treated with any unnecessary
harshness. A common practice, worthy of encouragement, is that of
exchanging prisoners, thus restoring them to their own side. Sometimes,
too, prisoners are released on _parole,_ that is, on their word of honor
not to re-enter the army. If a paroled prisoner breaks his word in this
respect, upon recapture he is liable to be put to death.

Termination.--Peace comes by treaty. There is usually a preliminary
treaty, containing the general statement of conditions to which both
parties will consent. When all the details have been arranged, a
definitive treaty is concluded. Treaties of peace go into effect as
between the parties, when they are signed; as between individuals of the
belligerent nations, when they are notified.


When intercourse between the countries of the world was small, owing to
lack of facilities, the rights of neutrals were regarded as unimportant.
But intercourse has increased so enormously, that no great war can be
waged without interfering with the interests of almost all the rest of the
world, and the rights of neutrals are assuming more importance in
international law.

The great obligation resting upon neutrals is "to allow nothing to the
belligerents which either would object to as being adverse to his

What Neutrals may do.--The common instincts of humanity may be complied
with. Thus a ship of war in distress may run into a neutral port. Soldiers
running into neutral territory may be disarmed and then protected as

Things Contraband.--It is a breach of neutrality to lend money or furnish
troops or munitions of war to a belligerent, or to allow ships of war to
be built by citizens of the neutral power within its borders, if it knows
(or _should_ know) that they are to be armored and used in the service of
one of the belligerents.

Citizens of Neutral States.--Members of a neutral state may lend money to
a belligerent or may go into the army or navy of a belligerent without
breach of the neutrality of their nation. They may sell goods, except
materials of war, to either belligerent, Blockade.--A belligerent may, as
a war measure, close the ports of the enemy. This is called a blockade.
Two things are necessary to make a blockade valid--due notice must be
given, and the blockade must be made effective by placing before the ports
armed vessels to prevent the entrance of trading vessels. If the
conditions have been complied with, neutrals trade with the port at the
risk of losing all captured ships and cargoes.


An act declaring war between the United Kingdom of Great Britain and
Ireland, and the dependencies thereof, and the United States of America
and their territories.[Footnote: Drawn by William Pinckney, Attorney
General of the United States.]

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That war be, and the same is
hereby declared to exist between the United Kingdom of Great Britain and
Ireland, and the dependencies thereof, and the United States of America
and their territories; and that the President of the United States is
hereby authorized to use the whole land and naval force of the United
States to carry the same into effect, and to issue to private armed
vessels of the United States commissions, or letters of marque and general
reprisal, in such form as he shall think proper, and under the seal of the
United States, against the vessels, goods, and effects, of the government
of the United Kingdom of Great Britain and Ireland and the subjects



[Passed February 26, 1857.]

SECTION 1. Be it enacted by the Senate and House of Representatives of the
United States of America, in Congress assembled, That the inhabitants of
that portion of the Territory of Minnesota which is embraced within the
following limits, to-wit: beginning at the point in the center of the main
channel of the Red River of the North, where the boundary line between the
United States and the British Possessions crosses the same; thence up the
main channel of said river to that of the Bois de Sioux River; thence up
the main channel of said river to Lake Traverse; thence up the centre of
said lake to the southern extremity thereof; thence in a direct line to
the head of Big Stone Lake; thence through its centre to its outlet;
thence by a due south line to the north line of the State of Iowa; thence
along the northern boundary of said state to the main channel of the
Mississippi River; thence up the main channel of said river, and following
the boundary line of the State of Wisconsin, until the same intersects the
St. Louis River; thence down the said river to and through Lake Superior
on the boundary line of Wisconsin and Michigan, until it intersects the
dividing line between the United States and the British Possessions;
thence up Pigeon River and following said dividing line to the place of
beginning, be, and they hereby are authorized to form for themselves a
constitution and state government by the name of the State of Minnesota,
and to come into the Union on an equal footing with the original states,
according to the federal constitution.

SEC. 2. And be it further enacted, That the State of Minnesota shall have
concurrent jurisdiction on the Mississippi and all other rivers and waters
bordering on the said State of Minnesota, so far as the same shall form a
common boundary to said state and any state or states now or hereafter to
be formed or bounded by the same; and said river or waters leading into
the same shall be common highways, and forever free, as well to the
inhabitants of said state as to all other citizens of the United States,
without any tax, duty, impost, or toll therefor.

SEC. 3. And be it further enacted, That on the first Monday in June next,
the legal voters in each representative district then existing within the
limits of the proposed state, are hereby authorized to elect two delegates
for each representative to which said district may be entitled according
to the apportionment for representatives to the territorial legislature,
which election for delegates shall be held and conducted, and the returns
made, in all respects in conformity with the laws of said territory
regulating the election of representatives; and the delegates so elected
shall assemble at the capitol of said territory on the second Monday in
July next, and first determine by a vote whether it is the wish of the
people of the proposed state to be admitted into the Union at that time;
and if so, shall proceed to form a constitution, and take all necessary
steps for the establishment of a state government, in conformity with the
federal constitution, subject to the approval and ratification of the
people of the proposed state.

SEC 4. And be it further enacted, That in the event said convention shall
decide in favor of the immediate admission of the proposed state into the
Union, it shall be the duty of the United States marshal for said
territory to proceed to take a census or enumeration of the inhabitants
within the limits of the proposed state, under such rules and regulations
as shall be prescribed by the Secretary of the Interior, with a view of
ascertaining the number of representatives to which said state may be
entitled in the Congress of the United States. And said state shall be
entitled to one representative, and such additional representatives as the
population of the state shall, according to the census, show it would be
entitled to according to the present ratio of representation.

SEC 5. And be it further enacted, That the following propositions be, and
the same are hereby offered to the said convention of the people of
Minnesota for their free acceptance or rejection, which, if accepted by
the convention, shall be obligatory on the United States, and upon the
said State of Minnesota, to-wit.

_First_--That sections numbered sixteen and thirty-six in every township
of public lands in said state, and where either of said sections, or any
part thereof, has been sold or otherwise disposed of, other lands,
equivalent thereto, and as contiguous as may be, shall be granted to said
state for the use of schools.

_Second_--That seventy-two sections of land shall be set apart and
reserved for the use and support of a state university, to be selected by
the Governor of said state, subject to the approval of the Commissioner of
the General Land Office, and to be appropriated and applied in such manner
as the legislature of said state may prescribe, for the purpose aforesaid,
but for no other purpose.

_Third_--Ten entire sections of land to be selected by the Governor of
said state, in legal sub-divisions, shall be granted to said state for the
purpose of completing the public buildings, or for the erection of others
at the seat of government, under the direction of the legislature thereof.

_Fourth_--That all salt springs within said state, not exceeding twelve in
number, with six sections of land adjoining or as contiguous as may be to
each, shall be granted to said state for its use, and the same to be
selected by the Governor thereof within one year after the admission of
said state, and, when so selected, to be used or disposed of on such
terms, conditions and regulations as the legislature shall direct,
provided, that no salt spring or land, the right whereof is now vested in
any individual or individuals, or which may be hereafter confirmed or
adjudged to any individual or individuals, shall by this article be
granted to said state.

_Fifth_--That five per centum of the net proceeds of sales of all public
lands lying within said state, which shall be sold by Congress after the
admission of said state into the Union, after deducting all the expenses
incident to the same, shall be paid to said state for the purpose of
making public roads and internal improvements, as the legislature shall
direct, provided, the foregoing propositions herein offered, are on the
condition that the said convention which shall form the constitution of
said state, shall provide, by a clause in said constitution, or an
ordinance, unrevocable without the consent of the United States, that said
state shall never interfere with the primary disposal of the soil within
the same by the United States, or with any regulations Congress may find
necessary for securing the title in said soil to _bona fide_ purchasers
thereof; and that no tax shall be imposed on lands belonging to the United
States, and that in no case shall non-resident proprietors be taxed higher
than residents.


[Passed May 11, 1858.]

Whereas, an act of Congress was passed February twenty-sixth, eighteen
hundred and fifty-seven, entitled "An act to authorize the people of the
Territory of Minnesota to form a constitution and state government
preparatory to their admission into the Union on an equal footing with the
original states;" and whereas, the people of said territory did, on the
twenty-ninth day of August, eighteen hundred and fifty-seven, by delegates
elected for that purpose, form for themselves a constitution and state
government, which is republican in form, and was ratified and adopted by
the people at an election held on the thirteenth day of October, eighteen
hundred and fifty-seven, for that purpose; therefore,

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the State of Minnesota shall
be one, and is hereby declared to be one of the United States of America,
and admitted into the Union on an equal footing with the original states,
in all respects whatever.

SEC. 2. And be it further enacted, That said state shall be entitled to
two representatives in Congress, until the next apportionment of
representatives amongst the several states.

SEC. 3. And be it further enacted, That from and after the admission of
the State of Minnesota, as hereinbefore provided, all the laws of the
United States, which are not locally inapplicable, shall have the same
force and effect within that state as in other states of the Union; and
the said state is hereby constituted a judicial district of the United
States, within which a district court with the like powers and
jurisdiction as the district court of the United States for the district
of Iowa, shall be established; the judge, attorney and marshal of the
United States for the said district of Minnesota, shall reside within the
same, and shall be entitled to the same compensation as the judge,
attorney and marshal of the district of Iowa; and in all cases of appeal
or writ of error heretofore prosecuted and now pending in the supreme
court of the United States upon any record from the supreme court of
Minnesota Territory, the mandate of execution or order of further
proceedings shall be directed by the supreme court of the United States to
the district court of the United States for the district of Minnesota, or
to the supreme court of the State of Minnesota, as the nature of such
appeal or writ of error may require; and each of those courts shall be the
successor of the supreme court of Minnesota Territory, as to all such
cases, with full power to hear and determine the same, and to award mesne
or final process therein.


(Thirty-ninth Congress, First Session.)

Joint resolution restoring Tennessee to her relations to the Union.

Whereas, in the year eighteen hundred and sixty-one, the government of
the state of Tennessee was seized upon and taken possession of by persons
in hostility to the United States, and the inhabitants of the state in
pursuance of an act of Congress, were declared to be in a state of
insurrection against the United States; and whereas, said state government
can only be restored to its former political relations in the Union by
consent of the law-making power of the United States; and whereas, the
people of said state did on the twenty-second day of February, eighteen
hundred and sixty-five, by a large popular vote, adopt and ratify a
constitution of government whereby slavery was abolished, and all
ordinances and laws of secession and debts contracted under the same were
declared void; and whereas a state government has been organized under
said constitution which has ratified the amendment to the constitution of
the United States abolishing slavery, also the amendment proposed by the
thirty-ninth Congress, and has done other acts proclaiming and denoting
loyalty; Therefore,

Be it resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the state of Tennessee is
hereby restored to her former proper, practical relations to the Union,
and is again entitled to be represented by senators and representatives in

Approved, July 24,1866.


I. Resolved, That whosoever directly or indirectly abets, or in any way,
form, or manner countenances the unchartered and dangerous invasion of our
rights, as claimed by Great Britain, is an enemy to this country, to
America, and to the inherent and inalienable rights of man.

II. Resolved, That we do hereby declare ourselves a free and independent
people; are, and of right ought to be a sovereign and self-governing
association, under the control of no power, other than that of our God and
the general government of the congress: To the maintainance of which
independence we solemnly pledge to each other our mutual co-operation, our
lives, our fortunes, and our most sacred honor.

III. Resolved, That as we acknowledge the existence and control of no law
or legal officer, civil or military, within this county, we do hereby
ordain and adopt as a rule of life, all, each, and every one of our former
laws, wherein, nevertheless, the crown of Great Britain never can be
considered as holding rights, privileges, or authorities therein.

IV. Resolved, That all, each, and every military officer in this county is
hereby reinstated in his former command and authority, he acting
conformably to their regulations, and that every member present of this
delegation, shall henceforth be a civil officer, viz.; a justice of the
peace, in the character of a committee man, to issue process, hear and
determine all matters of controversy, according to said adopted laws, and
to preserve peace, union, and harmony in said county, to use every
exertion to spread the love of country and fire of freedom throughout
America, until a more general and organized government be established in
this province.



NOTE.--This declaration of independence (with a supplementary set of
resolutions establishing a form of government) was adopted by a convention
of delegates from different sections of Mecklenburgh county, which
assembled at Charlotte, May 20, 1775.


In the name of God, amen. We, whose names are underwritten, the loyal
subjects of our dread Sovereign Lord King James, by the grace of God, of
Great Britain, France, and Ireland, King, Defender of the Faith, &c.
Having undertaken for the glory of God, and advancement of the Christian
faith, and the honour of our king and country, a voyage to plant the first
colony in the northern parts of Virginia;

Do by these presents, solemnly and mutually, in the presence of God and
one another, covenant and combine ourselves together into a civil body
politick, for our better ordering and preservation, and furtherance of the
ends aforesaid. And by virtue hereof do enact, constitute and frame, such
just and equal laws, ordinances, acts, constitutions, and officers, from
time to time, as shall be thought most meet and convenient for the general
good of the colony, unto which we promise all due submission and

In witness whereof we have hereunto subscribed our names at Cape Cod the
eleventh of November, in the reign of our Sovereign Lord King James, of
England, France, and Ireland, the eighteenth, and of Scotland, the
fifty-fourth, anno domini, 1620.

John Carver, Samuel Fuller, Edward Tilly,
William Bradford, Christopher Martin, John Tilly,
Edward Winslow, William Mullins, Francis Cooke,
William Brewster, William White, Thomas Rogers,
Isaac Allerton, Richard Warren, Thomas Tinker,
Miles Standish, John Howland, John Ridgdale,
John Alden, Steven Hopkins, Edward Fuller,
John Turner, Digery Priest, Richard Clark,
Francis Eaton, Thomas Williams, Richard Gardiner,
James Chilton, Gilbert Winslow, John Allerton,
John Craxton, Edmund Margesson, Thomas English,
John Billington, Peter Brown, Edward Doten,
Joses Fletcher, Richard Bitteridge, Edward Liester,
John Goodman, George Soule.

NOTE.--The "Pilgrims" who landed at Plymouth had procured before leaving
Europe a grant of land from the London or South Virginia Company, but had
subsequently decided to establish a colony in New England. Before leaving
the ship which had brought them across the Atlantic they drew up this
compact. They obtained several successive letters patent from the Plymouth
Company, but none of them were confirmed by the crown, and in 1691 the
Plymouth colony was annexed to Massachusetts Bay.


Whereas, General Antonio Lopez de Santa Anna and other military chieftains
have, by force of arms, overthrown the federal institutions of Mexico, and
dissolved the social compact which existed between Texas and the other
members of the Mexican Confederacy,--Now, the good people of Texas,
availing themselves of their natural rights, solemnly declare:

1st. That they have taken up arms in defense of their rights and
liberties, which were threatened by the encroachments of military despots,
and in defense of the republican principles of the federal constitution of
Mexico of eighteen hundred and twenty-four.

2nd. That Texas is no longer, morally or civilly, bound by the compact of
union; yet, stimulated by the generosity and sympathy common to a free
people, they offer their support and assistance to such of the members of
the Mexican Confederacy as will take up arms against military despotism.

3d. That they do not acknowledge that the present authorities of the
nominal Mexican Republic have the right to govern within the limits of

5th. That they hold it to be their right, during the disorganization of
the federal system and the reign of despotism, to withdraw from the union,
to establish an independent government, or to adopt such measures as they
may deem best calculated to protect their rights and liberties, but that
they will continue faithful to the Mexican government so long as that
nation is governed by the constitution and laws that were formed for the
government of the political association.

6th. That Texas is responsible for the expenses of her armies now in the

7th. That the public faith of Texas is pledged for the payment of any
debts contracted by her agents.

8th. That she will reward by donations in land, all who volunteer their
services in her present struggle, and receive them as citizens.

These declarations we solemnly avow to the world, and call God to witness
their truth and sincerity; and invoke defeat and disgrace upon our heads,
should, we prove guilty of duplicity.


A.H.S. KIMBLE, Secretary.


The United States of America and Her Majesty the Queen of the United
Kingdom of Great Britain and Ireland, deeming it to be desirable for the
future welfare of both countries that the state of doubt and uncertainty
which has hitherto prevailed respecting the sovereignty and government of
the territory on the northwest coast of America, lying westward of the
Rocky or Stony Mountains, should be finally terminated by an amicable
compromise of the rights mutually asserted by the two parties over the
said territory, have respectively named plenipotentaries to treat and
agree concerning the terms of such settlement, that is to say:

The President of the United States of America has, on his part, furnished
with full powers James Buchanan, Secretary of State of the United States,
and Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, has, on her part, appointed the Right Honorable Richard
Parkenham, a member of Her Majesty's Most Honorable Privy Council, and Her
Majesty's Envoy Extraordinary and Minister Plenipotentiary to the United

Who after having communicated to each other their respective full powers,
found in good and due form, have agreed upon and concluded the following


From the point on the forty-ninth parallel of north latitude, where the
boundary laid down in existing treaties and conventions between the United
States and Great Britain terminates, the line of boundary between the
territories of the United States and those of Her Brittanic Majesty shall
be continued westward along the said forty-ninth parallel of north
latitude to the middle of the channel which separates the continent from
Vancouver's Island, and thence southerly through the middle of the said
channel, and of Fuca's Straits, to the Pacific Ocean: _Provided, however,_
That the navigation of the whole of the said channel and straits, south of
the forty-ninth parallel of north latitude, remain free and open to both


From the point at which the forty-ninth parallel of north latitude shall
be found to intersect the great northern branch of the Columbia River, the
navigation of the said branch shall be free and open to the Hudson's Bay
Company, and to all British subjects trading with the same, to the point
where the said branch meets the main stream of the Columbia, and thence
down the said main stream to the ocean, with free access into and through
the said river or rivers, it being understood that all the usual portages
along the line thus described shall, in like manner, be free and open.

In navigating the said river or rivers, British subjects, with their goods
and produce, shall be treated on the same footing as citizens of the
United States; it being, however, always understood that nothing in this
article shall be construed as preventing, or intended to prevent, the
Government of the United States from making any regulations respecting the
navigation of the said river or rivers not inconsistent with the present


In the future appropriation of the territory south of the forty-ninth
parallel of north latitude, as provided in the first article of this
treaty, the possessory rights of the Hudson's Bay Company, and of all
British subjects who may be already in the occupation of land or other
property lawfully acquired within the said territory, shall be respected.


The farms, lands, and other property of every description belonging to the
Puget's Sound Agricultural Company, on the north side of the Columbia
River, shall be confirmed to the said company. In case, however, the
situation of those farms and lands should be considered by the United
States to be of public and political importance, and the United States
Government should signify a desire to obtain possession of the whole, or
of any part thereof, the property so required shall be transferred to the
said Government, at a proper valuation, to be agreed upon between the


The present treaty shall be ratified by the President of the United
States, by and with the advice and consent of the Senate thereof, and by
Her Brittanic Majesty; and the ratifications shall be exchanged at London,
at the expiration of six months from the date hereof, or sooner if
possible. In witness whereof the respective plenipotentiaries have signed
the same, and have affixed thereto the seals of their arms.

Done at Washington the fifteenth day of June, in the year of our Lord one
thousand eight hundred and forty-six.


NOTE.--This treaty was concluded at Washington, June 15, 1846,
ratifications were exchanged July 17, 1846, and it was proclaimed Aug.


Whereas on the twenty-second day of September, in the year of our Lord one
thousand eight hundred and sixty two, a proclamation was issued by the
President of the United States, containing, among other things, the
following, to-wit:

"That on the first day of January, in the year of our Lord one thousand
eight hundred and sixty-three, all persons held as slaves within any
State, or designated part of a State, the people whereof shall then be in
rebellion against the United States, shall be then, thenceforward, and
forever free; and the Executive Government of the United States, including
the military and naval authority thereof, will recognize and maintain the
freedom of such persons, and will do no act or acts to repress such
persons, or any of them, in any efforts they may make for their actual

"That the Executive will, on the first day of January aforesaid, by
proclamation, designate the States and parts of States, if any, in which
the people thereof, respectively, shall then be in rebellion against the
United States; and the fact that any State, or the people thereof, shall
on that day be in good faith represented in the Congress of the United
States, by members chosen thereto at elections wherein a majority of the
qualified voters of such state shall have participated, shall, in the
absence of strong countervailing testimony, be deemed conclusive evidence
that such State, and the people thereof, are not then in rebellion against
the United States."

Now, therefore, I, Abraham Lincoln, President of the United States, by
virtue of the power in me vested as Commander-in-Chief of the Army and
Navy of the United States in time of actual armed rebellion against the
authority and Government of the United States, and as a fit and necessary
war measure for suppressing said rebellion, do, on this first day of
January, in the year of our Lord one thousand eight hundred and
sixty-three, and in accordance with my purpose so to do, publicly
proclaimed for the full period of one hundred days, from the day first
above mentioned, order and designate as the States and parts of States
wherein, the people thereof respectively are this day in rebellion against
the United States, the following, to-wit:

Arkansas, Texas, Louisiana (except the parishes of St. Bernard,
Plaqueminos, Jefferson, St. John, St. Charles, St. James, Ascension,
Assumption, Terre Bonne, Lafourche, Ste. Marie, St. Martin, and Orleans,
including the city of New Orleans), Mississippi, Alabama, Florida,
Georgia, South Carolina, North Carolina, and Virginia, (except the
forty-eight counties designated as West Virginia, and also the counties of
Berkeley, Accomac, Northampton, Elizabeth City, York, Princess Ann, and
Norfolk, including the cities of Norfolk and Portsmouth), and which
excepted parts are for the present left precisely as if this proclamation
were not issued.

And by virtue of the power and for the purpose aforesaid, I do order and
declare that all persons held as slaves within said designated States and
parts of States are and henceforward shall be free; and that the Executive
Government of the United States, including the military and naval
authorities thereof, will recognize and maintain the freedom of said

And I hereby enjoin upon the people so declared to be free to abstain from
all violence, unless in necessary self-defense; and I recommend to them
that, in all cases when allowed, they labor faithfully for reasonable

And I further declare and make known that such persons, of suitable
condition, will be received into the armed service of the United States to
garrison forts, positions, stations, and other places, and to man vessels
of all sorts in said service.

And upon this act, sincerely believed to be an act of justice, warranted
by the Constitution upon military necessity, I invoke the considerate
judgment of mankind, and the gracious favor of Almighty God.

In testimony whereof I have hereunto set my name and caused the seal of
the United States to be affixed.

Done at the city of Washington this first day of January, in the year of
our Lord one thousand eight hundred and sixty-three, and of the
independence of the United States the eighty-seventh.

[Sidenote: L.S.]


By the President:

WILLIAM H. SEWARD, Secretary of State.

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