The Project Gutenberg eBook of Civil Government for Common Schools Prepared as a Manual for Public Instruction in the State of New York, by Henry C. Northam

To which are appended the Constitution of the State of New York as amended at the election of 1880, the Constitution of the United States, and the Declaration of Independence.

BY HENRY C. NORTHAM,

CONDUCTOR OF TEACHERS' INSTITUTES.

PREFACE TO THIRD EDITION.

Instruction in Civil Government should be both theoretical and practical. Unfortunately the text-books in general use stop with the theory.

They deal with the science of government, but, being intended for use throughout the United States, they give no information as to the ART of government as practiced in this State.

Our students learn what is the guaranty of Republican government, but not how that government is exercised in their own town.

They are drilled in Incorporeal Hereditaments, but do not learn what kind of causes can be tried before a Justice of the Peace.

To supply this deficiency, is the aim of the present manual. Beginning with the school district, the names, manner of election, duties, and salaries are given of all important officers from the school trustee to the President of the United States.

The rapid sale of the First and Second Editions of this book encourages the hope that, with the additions now made, this manual may be considered indispensable in every PROGRESSIVE school in the State of New York.

I.—INTRODUCTION.

I. The United State
II. Each State
III. Counties.
IV. Cities
V. Towns
VI. Districts

The following are names given to some of the different kinds of districts in the State of N. York

I. Road, School and Election Districts.
II. School Commissioner Districts.
III. Assembly districts
IV. Senatorial districts
V. Congressional districts
VI. Judicial districts

A. A portion of a town placed under the charge of an officer, whose duty it is to see that the roads are kept in good condition.

A. A portion of a town or city, placed under the care of officers, whose duties are to maintain a public school in and for the district

A. A whole or a portion of a county, under the jurisdiction of a school commissioner.

A. A whole or a portion of a county set off for the purpose of electing a "Member of the Assembly," except Fulton and Hamilton, which together form one district, and elect one member.

A. A portion of a county, a whole county, or several counties combined for the purpose of electing a Senator; the amount of territory depending upon population.

A. A portion of a county, a whole county, or several counties combined for the purpose of electing a "Representative in Congress;" the amount of territory depending upon population.

A. One county (as in the case of New York), or several counties united for the purpose of electing Supreme Court Judges.

Q. Name the civil divisions in regular order and tell what a combination of each forms?

A. Road and school districts form towns; towns when united form counties; counties when united form a State; and also in many instances, Senatorial, Congressional and Judicial districts. States when united form a Union.

A. Nine hundred and forty; the number is changing from year to year; the exact number can be found by consulting the almanacs that give the election returns.

A. Generally by the school commissioners, sometimes assisted by the supervisor and town clerk of the town; sometimes by special legislation.

Q. What power defines the number of Assembly, Senatorial and
Judicial districts?

NOTE—The following table will be the guide for questioning through all the succeeding pages:

II—THE SCHOOL DISTRICT.

A. I. One or three trustees, as a district decides. If a board of education, it may be not less than three nor more than nine.

Q. What are the names of those districts in which there is a board of education?

A. Union free school districts; and they are allowed to have an additional officer, called a treasurer.

II. If there be three trustees, the term is three years, one being elected each year; if the board of education consists of six or nine members, the term is three years; one third of the number being elected each year.

A. None but males; they must be twenty-one years of age; and trustees can hold no other school office.

TRUSTEES.

II. To hire and pay a qualified teacher or teachers, and maintain a school for at least twenty-eight weeks during the school year.

III. To make to the school commissions an annual report between the first and second Tuesdays of August in each year.

IV. To make out all district taxes and issue a warrant for their collection, etc., etc.

CLERK.

III. To notify each person elected or appointed to office, and also to report their names and post-office address to the town clerk.

V. To keep and preserve all books, records and papers belonging to his office, and to deliver the same to his successor, etc, etc,

COLLECTOR.

LIBRARIAN.

A. The collector only is entitled to pay; he receives one per cent. on all moneys collected during the first fourteen days after advertising; after that time five per cent.

[NOTE—All questions unanswered here, should be studied by teachers very carefully, and the correct answers obtained. they should also introduce many others that will be suggested by the lesson.]

III.—THE TOWN.

Q. What are the names of the officers in a town, the number of officials in each, and their terms of office?

V. One or three highway commissioners, as the electors may determine; if one be elected, the term is one year; if three, the term is three years.

VI. One or two overseers of the poor, as the electors may determine; term one year.

XII. Three inspectors of election; term one year; and in some villages and cities a sealer of weights and measures.

I. SUPERVISORS.

I. To receive the school money belonging to the town, and pay it out by order of the trustees.

II. To receive other money belonging to the town, and disburse the same according to law.

III. To meet with the other supervisors of the county as a "board of county canvassers."

IV. To meet with the other supervisors of the county as a "board of supervisors"; to audit all lawful accounts against the county, make out the tax lists and cause them to be collected; and perform such other acts of legislation as the constitution and statute laws have conferred upon them.

II. TOWN CLERK.

IV. To file such papers as properly belong to his office; and to perform the general clerical duties for the town.

III. JUSTICES OF THE PEACE.

II. To issue warrants for the arrest of persons accused of committing crimes, and also summonses for the purpose of bringing before them persons for trial in civil actions.

III. To take acknowledgment of conveyances, administer oaths, act as inspectors at the town meeting, etc.

IV. ASSESSORS.

I. To make an inventory of the real estate in the town, naming the number of acres owned by each person, and fixing upon the same a valuation in proportion to its worth.

II. To make an inventory of the personal property held by the several persons in town, such as notes, mortgages, &c., which with the real estate forms the basis for taxes.

V. HIGHWAY COMMISSIONERS.

II. To lay out new roads, when directed by a jury legally called for that purpose and discontinue others when directed by the same authority.

VI. OVERSEERS OF THE POOR.

To look after and provide for, either at home or in the county house, such as are in indigent circumstances.

VII. COLLECTOR.

I. To give a bond to the supervisor for double the amount to be collected, with one or more sureties for the faithful performance of his duties.

II. To receive the tax list and warrant, and collect the tax and pay it over as directed.

VIII. CONSTABLES.

II. To arrest and bring prisoners before a justice, and to have the custody of them.

III. To collect moneys upon executions, and if necessary to sell property to satisfy the same.

V. To attend the higher courts in their official capacity when directed by the sheriff.

IX. GAME CONSTABLE.

X. TOWN AUDITORS.

XI. EXCISE COMMISSIONERS.

To meet and act upon petitions asking for the privilege of selling spirituous liquors.

XII. INSPECTORS OF ELECTION.

I. To preside at the annual election, receive the votes legally presented, and deposit them in boxes prepared for that purpose.

II. To count the ballots at the close of the election, make a true statement thereof and transmit it to the "board of canvassers."

A. I. Supervisors receive three dollars per day for county services, and two dollars per day for town services, and are entitled to extras for copying assessment roll and paying out school money.

II. Town clerks are paid by the day for services; also a fee for recording and filing papers.

III. Justices, mostly paid by fees; as officers of the town meeting they are paid by the day.

V. Constables receive a fee, a percentage, and for some services are paid by the day.

VI. Game constables receive a portion of the fine money collected by reason of their prosecutions.

II. A justice of the peace administers the oath to all other town officers, except inspectors of election.

III. The chairman of the inspectors of election administers the oath to the other inspectors, and one of the others in turn administers it to the chairman.

IV.—THE COUNTY.

A. Ten: viz, Kings, Queens, Suffolk, New York, Richmond,
Westchester, Dutchess, Albany, Ulster and Orange.

Q. What are the names of the county offices, the number of officials in the same office, and their term?

II. One county judge, term is six years: in a few counties there are special judges; same length of term.

III. In counties containing more than forty thousand inhabitants a surrogate may be elected; in counties containing less than forty thousand inhabitants, the county judge performs the duties of judge and surrogate; the term of surrogate is six years; in a few counties there are special surrogates.

A. I. The sheriff is prohibited from holding the same office for a succeeding term, neither can he hold any other office at the same time. Const., Art. X, Sec. I.

II. No county judge can hold the office longer than the last day of December succeeding his seventieth birthday. Art VI, Sec. 13.

III. No person, except a counselor at law in the supreme court, can hold the office of district attorney, if there be such an one in the county; if there be none, then an attorney may be elected.

IV. Supervisors and county treasurers cannot hold the office of
County superintendent of the poor.

V. No sheriff, under sheriff, deputy, sheriffs clerk or coroner can practice as counselor at law during his term of office.

VI. Justices of the sessions must be acting justices of the peace in their respective towns.

VII. There are no other prohibitions in regard to age or re- election of county officers.

I. SHERIFF.

II. By himself or by his deputies, executes civil and criminal processes throughout the county.

V. Must be present by himself or under-sheriff, at the drawing of jurors, and cause them to be legally summoned.

II. JUDGE.

II. He may with two justices of sessions, hold Courts of Sessions, with such criminal jurisdiction as the Legislature may prescribe,

III. The county judge of any county may preside at Courts of
Sessions, or hold County Courts, in any other county except New
York and Kings, when requested by the judge of such other county.
Art. VI, Sec. 15.

III. SURROGATE.

IV. COUNTY CLERK

I. He is the clerk of the courts held in and for the county, namely: Circuit, Oyer and Terminer, County Court and Court of Sessions, and the Special Term.

V. TREASURER.

I. Receives the moneys collected by the several town collectors for county and state taxes.

IV. Receives from the comptroller the school money due the county, and pays the same over to the several supervisors, as directed by the school commissioner's certificate.

V. Makes a general statement of the financial affairs of his office to the board of supervisors, annually.

VI. DISTRICT ATTORNEY.

II. Presents complaints made to him accusing parties of crime, to the grand jury.

VII. CORONERS.

I. Look after and inquire into all matters concerning persons slain, or who have died mysteriously.

II. Summon a jury, subpoena witnesses, and ascertain as far as possible all the facts in regard to the death.

III. In case of a vacancy in the office of sheriff, and there being no under sheriff, one of the coroners designated by the county judge, performs the duties of sheriff until said vacancy be filled by election or appointment.

VIII. SUPERINTENDENTS OF THE POOR.

Have the general care of the county poor house; appoint persons to take charge of the same; and render an account annually to the "board of supervisors" of their doings.

IX. JUSTICES OF SESSIONS.

I. Sit upon the bench with the county judge in the Court of
Sessions and with the Supreme Court judge in the Oyer and
Terminer, for the trial of such criminals as have been indicted by
a grand jury.

II. The law gives them just as much power in the decision of questions as the judge.

X. SCHOOL COMMISSIONERS.

II. Make an annual report to the superintendent of public instruction, containing all the statistics embraced in the several reports from the trustees of his district.

III. Visit and examine all the schools and school districts within their districts as often in each year as shall be practicable; inquire into all matters relating to the management, the course of study and mode of instruction, the text books used and the discipline of such schools.

IV. Examine in regard to the "moral character," "learning" "and ability to teach," persons proposing to teach public schools in their districts; and if they find them, qualified, grant them certificates in the form prescribed by the superintendent.

VI. Organize at least once each year, or in concert with one or more commissioners in the same county, a "teachers' institute," and induce if possible all the teachers in their districts to be present and take part in its exercises.

I. SHERIFF.

II. JUDGE.

Receives a salary established by the legislature, varying in different counties according to population and business.

III. SURROGATE.

II. When the judge performs the duties of surrogate the one salary suffices for all the duties performed.

IV. COUNTY CLERK.

V. TREASURER.

I. The county treasurer shall receive an annual salary fixed by the "board of supervisors."

II. The salary shall be established by the "board," at least six months before his election.

III. The salary shall not be increased nor diminished during his term of office.

VI. DISTRICT ATTORNEY.

II. Can try civil causes, when not engaged officially, receiving as his own the fees for the same.

VII. CORONERS.

I. For holding inquests they are entitled to a reasonable compensation to be audited and allowed by the board of supervisors.

VIII. SUPERINTENDENT OF THE POOR.

IX. JUSTICES OF SESSIONS.

X. SCHOOL COMMISSIONERS.

II. Supervisors are required to audit and allow two hundred dollars extra for expenses.

III. A majority of the supervisors of any school commissioner district may increase the salary of said school commissioner; the increased salary must be levied upon the towns composing such commissioner district.

Q What must county officers do, before entering upon the duties of their office?

Q. What county officers are required in addition to the oath prescribed to execute a bond for the faithful performance of their duties?

TOWN AUDITORS.

By laws of 1878, 1879 and 1880, the following-named counties are
exempt from electing "town auditors," as prescribed on page 13:
Wayne, Delaware, Allegany, Oneida, Cayuga, Erie, St. Lawrence,
Schuyler, Rockland, Orange, Sullivan, Columbia, Broome, Lewis,
Madison, Wyoming, Queens, Jefferson, Fulton, Oswego, Suffolk,
Onondaga, Saratoga, Ontario, Yates, Rensselaer, Genesee,
Schenectady, Monroe, Livingston, Otsego, Schoharie, Niagara and
Orleans.

A TABLE

Showing the salaries of the several county judges and surrogates of the State of New York at the present time, as established by the statutes of 1877 and 1880:

COUNTIES. JUDGE. SURROGATE.
New York, ———- $12,000
Kings, $10,000 10,000
Erie, 5,000 4,000
Albany, 4,500 4,000
Westchester, 4,500 4,000
Onondaga, 4,000 4,000
Oneida, 4,000 4,000
Monroe, 4,000 4,000
Rensselaer, 3,500 3,500
Saratoga, 3,000 2,500
Ulster, 3,000 3,000
Dutchess, 3,000 3,000
Queens, 2,500 3,000
Chautauqua, 2,000 1,600
Cayuga, 2,000 2,000
Columbia, 2,000 2,500
Ontario, 2,000 1,500
Cattaraugus, 1,500 1,500
Oswego, 1,500 1,500
Jefferson, 1,500 1,500
Niagara, 1,500 1,500
Orange, 1,500 2,500
Otsego, 1,800 1,500
St. Lawrence, 1,750 1,750
Washington, 1,200 1,500
Suffolk, 1,000 1,500

The following are counties in which county judges act as surrogates, receiving the one salary for both offices;

V.—THE CITY.

Q. Name the cities in New York State, when incorporated, and the number of wards in each?

Pop. in 1800
New York, 1680, has 24 wards, 1,206,590
Brooklyn, 1834, has 25 wards, 566,689
Buffalo, 1832, has 13 wards, 155,137
Albany, 1832, has 16 wards, 90,903
Rochester, 1686, has 16 wards, 89,363
Troy, 1816, has 13 wards, 56,747
Syracuse, 1847, has 8 wards, 51,791
Utica, 1832, has 12 wards, 33,913
Auburn, 1848, has 7 wards, 21,924
Oswego, 1848, has 8 wards, 21,117
Elmira, 1864, has 7 wards, 20,541
Poughkeepsie 1854, has 6 wards, 20,207
Cohoes, 1869, has 4 wards, 19,417
Yonkers, 1872, has 4 wards, 18,892
Kingston, 1872, has 9 wards, 18,342
Newburg, 1865, has 4 wards, 18,050
Binghamton, 1867, has 5 wards, 17,315
L. I. City, 1870, has 5 wards, 17,117
Schenectady, 1798, has 5 wards, 13,675
Lockport, 1865, has 4 wards, 13,522
Rome, 1870, has 5 wards, 12,045
Watertown, 1869, has 4 wards, 10,697
Ogdensburg, 1868, has 4 wards, 10,340
Hudson, 1785, has 4 wards, 8,828

The census for 1880 is not fully completed, but gives substantially the above figures.

A. No definite number is required; whenever a large proportion of the inhabitant desire it, the legislature will grant a city charter.

A. The Mayor. His term of office is one year, unless otherwise ordered by the, charter, as in New York and Albany where it is two years.

A. Aldermen and Supervisors; one each in every ward unless otherwise ordered by their charter.

A. Mayor and aldermen; and they are the legislative body of the city; they have authority to appoint police officers.

Q. What courts exist in cities in addition to those established for the State at large?

JURIES.

A. A body of men elected according to law, and sworn to inquire into and try any matter of fact, and declare the truth of it on the evidence given in the case.

II. One of twelve persons, summoned for the purpose of laying out new roads or discontinuing old ones.

III. One of not less than six nor more than fifteen persons, summoned by the coroner, to inquire into the cause of any violent death.

IV. One of twelve men, called a petit jury, whose duty it is to try causes, civil or criminal, in the county court and sessions, or circuit and oyer and terminer.

V. One called a grand jury of not less than sixteen nor more than twenty-three, whose duty it is to examine into accusations against persons charged with crime, and if they find sufficient testimony to warrant it, to find a bill of indictment against them to be presented to the court.

A. The supervisors, town clerk, and assessors of the several towns of the county make out a list of the names of those persons qualified, and the names in the several lists are written upon slips of paper of the same size and deposited in a box in the county clerk's office.

A. The supervisors apportion the number (three hundred,) among the several towns in the county in proportion to population. Each supervisor selects from his town the number to which it is entitled; and these several lists are written upon slips of paper as before and deposited in a box in the county clerk's office.

A. The petit jury list is changed once in three years; the grand jury list every year.

A. Not more than twenty, nor less than fourteen days before the sitting of the court for which they are drawn.

A. The thirty-six petit jurors' names are put into a box and the names are drawn out until twelve satisfactory persons are obtained.

A. When the judge is satisfied that the jury will not agree he will discharge them.

A. Another trial will take place with a different jury, unless the suit be discontinued.

Q. Who can be present with this jury? A. Only the witness who is being examined, and the district attorney, if desired by the jury; but none except jurors can be present when they ballot in regard to a bill.

A. It is handed over to the court, and the sheriff will cause the arrest of the person unless he be already in custody.

STRUCK JURY.

A. When it shall appear that an impartial trial cannot be had, or that the intricacy of the case requires such a jury.

A. The party obtaining the order shall give notice eight days before the time for striking, that he will attend before the clerk of the county in which the venue is laid, for the purpose of having such jury struck.

I. The clerk shall select from the jury lists of the several towns the names of forty-eight persons, whom he shall deem most indifferent between the parties, and best qualified to try the cause.

II. The party or his attorney, on whose application the order was granted, shall first strike one from the list, and then the opposing party or agent, alternating until twelve shall have been stricken from the list by each party.

III. The clerk shall certify the names of the twenty-four persons whose names have not been stricken off, who shall be summoned, and from which number a jury shall be impaneled as in other juries.

VII.—STATE.

A. One hundred and twenty-eight members of the Assembly, elected for one year. Thirty-two senators elected for two years. Art. Ill., Const.

Q When, and how is the number of members of the Assembly apportioned among the several counties?

A. Once in ten years by the Legislature immediately after taking the state census, and as nearly as can be, according to population, excluding aliens, but giving to every county except Hamilton at least one member.

Q. When and how is the number of members of the Senate apportioned in the State?

A. At the same time, by the Legislature; and as nearly as possible according to population. A Senatorial district sometimes embraces a portion of a county, sometimes a whole county; at other times two or more counties; but no county can be divided, unless it can be equitably entitled to two or more members.

SENATE DISTRICTS.

II. The First, Second, Fifth, Sixth, Eighth, Ninth, Tenth,
Twelfth, and Twenty-second wards of Brooklyn, and the towns of
Flatbush, Gravesend, and New Utrecht.

III. The Third, Fourth, Seventh, Eleventh, Thirteenth, Nineteenth,
Twentieth, Twenty-first, and Twenty-third wards of Brooklyn.

IV. The Fourteenth, Fifteenth, Sixteenth, Seventeenth, Twenty- fourth, and Twenty-fifth wards of Brooklyn, and New Lots and Flatlands.

V. Richmond, First, Second, Third, Fifth, Sixth, Eighth, Fourteenth, and parts of the Fourth and Ninth wards of New York, and Governor's, Bedloes, and Ellis Islands.

VI. The Seventh, Eleventh, Thirteenth, and a part of the Fourth wards of New York.

VII. The Tenth, Seventeenth, and portions of the Fifteenth,
Eighteenth, and Twenty-first wards of New York.

VIII. The Sixteenth, and parts of the Ninth, Fifteenth,
Eighteenth, and Twentieth wards of New York.

IX. The Eighteenth, Nineteenth, and Twenty-first wards, lying east of Third Avenue, New York, and Blackwell's Island.

X. Portions of Twentieth, Twenty-first, Nineteenth, Twelfth, and
Twenty-second wards, New York, and Ward's and Randall's Islands.

XI. The Twenty-third, Twenty-fourth, and portions of the Twelfth,
Twentieth, and Twenty-second wards of New York.

THE ASSEMBLY.

Allegany, Broome, Chemung, Chenango, Clinton, Columbia, Cortland,
Delaware, Essex, Franklin, Fulton and Hamilton, Genesee, Greene,
Herkimer, Lewis, Livingston, Madison, Montgomery, Ontario,
Orleans, Putnam, Richmond, Rockland, Schenectady, Schoharie,
Schuyler, Seneca, Suffolk, Sullivan, Tioga, Tompkins, Warren,
Wyoming, Yates, have each one district, except Fulton and Hamilton
which are united in one district.

Cattaraugus, Cayuga, Chautauqua, Dutchess, Jefferson, Niagara,
Orange, Oswego, Otsego, Queens, Saratoga, Steuben, Wayne,
Washington have each two districts.

Monroe, Oneida, Onondaga, Rensselaer, St. Lawrence, Ulster, and
Westchester have each three districts.

In all, there are one hundred and twenty-eight assembly districts, each electing one member of the assembly.

Q. What must be done in those counties that are entitled to two or more members?

A. The "boards of supervisors" of such counties, except the city and county of New York, must divide their respective counties into Assembly districts; the number of districts being equal to the number of members heretofore apportioned by the Legislature to these several counties; the territory must be contiguous, and no town can be divided in the formation of districts.

A. By the "board of aldermen"; they meet for that purpose at such time as the Legislature shall designate.

ELIGIBILITY.

II. He must not at the time of election, nor within one-hundred days previous thereto, have been a member of congress, a civil or military officer under the United States, or any officer under any city government.

III. Should any person after his election to the Legislature be elected or appointed to any of the offices just named, his acceptance thereof will vacate his seat in the Legislature.

DUTIES.

II. To organize by electing their presiding officer, who is called the speaker; and who must be one of their number.

III. To elect also the other officers, viz: a Clerk, Sergeant-at- Arms, Door-Keeper, and two assistant Door-Keepers; persons not members of their body.

V. To prefer charges against officers for misconduct in office; which is called impeachment.

ORGANIZATION.

A Usually by the Secretary of State. The oath may, however, be taken previously, before any Justice of the Supreme Court, Attorney-General, the Lieutenant Governor, any Judge of a County Court, the Mayor or Recorder of any city, or the Clerk of any county or Court of Record. The oath whenever taken must be duly subscribed, certified, and filed in the office of the Secretary of State. Members who are absent at the organization, may be sworn by the Speaker, if they have not previously taken the oath.

A. By the Speaker, except those in the department of the Clerk; he having power to appoint his own deputies.

THE SENATE.

DUTIES.

I. To elect the remaining officers, whose names and duties are about the same as in the Assembly.

III. To act as a court for the trial of impeachments, associated with the judges of the Court of Appeals, and the President of the Senate.

V. To elect a temporary president when the Lieutenant-Governor shall not attend as president, or shall be called to act as Governor.

BILLS.

Q. What is the difference between the Legislature of this state and Congress in this respect?

A. In Congress all bills for raising revenues MUST originate in the House of Representatives.

A. Amend them; but both houses must agree to the amendment or amendments, before they can become a law.

I. The assent of a majority of all the members elected to each branch of the Legislature, together with the approval of the Governor;

II. Or if he disapproves of it, that it be returned to the house in which it originated, with his objections; and, after reconsideration, if two-thirds of all the members elected to that house shall agree to pass the bill, it shall be sent to the other house by which it shall likewise be re-considered, and if two- thirds of all its members approve of it, it shall become a law notwithstanding the objections of the Governor.

III. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, it shall become a law in like manner as if he had signed it, unless the Legislature, by adjourning, shall prevent its returning; in which case it shall not become a law without the signature of the Governor.

IV. No bill shall become a law after the final adjournment of the Legislature, unless approved by the Governor within thirty days after such adjournment.

IMPEACHMENT.

A. Public officers that have had charges preferred against them by the Assembly.

A. Of the Senators, or a majority of them, the Judges of the Court of Appeals, or a majority of them, and the Lieutenant-Governor; and two-thirds of all present must concur in order to convict.

A. When the Governor is being tried. He may be presumed to be an interested party, for if the Governor should be found guilty and be removed, the Lieutenant-Governor becomes Governor.

A. Removal from office, or removal from office and disqualification to hold and enjoy any office of honor, trust or profit, under this state.

A. Yes; they may be indicted, tried and punished according to law, by fine or imprisonment, or both, according to the nature of the crime.

VOTING.

A. All the members in the Assembly and Senate; and this includes the Speaker of the Assembly.

A. Because he has not been elected a member of that body; but becomes its presiding officer by virtue of the constitutional provision which makes the Lieutenant-Governor its president.

KINDS OF VOTING.

A. In the election of United States Senators, usually the Speaker of the Assembly and a few other officers, and in this way: as the names of those entitled to vote are called, they respond by naming their candidate.

SALARY.

II. And one dollar for every ten miles travelled in going to and returning from the place of meeting, once in each session on the most usual route.

III. Senators when convened in extraordinary session, or when serving as members of the Court of Impeachment, and such members of the Assembly, not exceeding nine in number, as shall be appointed managers of an impeachment, shall receive ten dollars a day additional allowance.

STATE.

A tabular view of officers, showing the source from whence they derive their authority:

Elected by the People of the State
Executive
Governor.
Presiding Officer
Lieut. Governor.
Administrative
Secretary of State.
Comptroller.
Treasurer.
Attorney General.
State Engineer and Surveyor.
Judicial
Judges of the Court of Appeals.

Appointed by Governor and Senate.
Superintendent of Banking.
Superintendent of Insurance.
Canal Auditor.
Superintendent of Prisons.
Superintendent of Public Works.
Notaries Public.
State Assessors.
Loan Commissioners.
Canal Appraisers.
Quarantine Commissioners.
Trustees of State Institutions, and some others.

Elected by joint bal.
Superintendent of Public Instruction.
Regents of the University.
United States Senators.

Supt. of Prisons and Public Works. A large number of Notaries, two
Loan Commissioners for each County, three Canal Appraisers, one
Superintendent of Public Instruction, nineteen Regents, and two
United States Senators.

TERM OF OFFICE.

Q For how long a term are the Sec of State, Comp, Treas, Atty.
Gen. and State Eng. and Surveyor elected?

Q For how long a term are the Superintendents of Banking,
Insurance and Canal Auditor appointed?

ELIGIBILITY.

A. The Governor and Lieutenant Governor must be thirty years of age, and shall have been for the five years next preceding their election residents of the State.

A. He is commander-in-chief of all the military and naval forces of the State, has power to convene the Legislature (or Senate only) on extraordinary occasions, communicates by message to the Legislature at every session the condition of the State, and recommends such measures as he deems expedient, transacts all necessary business with the officers of the government, civil and military, expedites all measures resolved upon by the Legislature, takes care that the laws are faithfully executed, and has the power of granting reprieves, commutations and pardons for crimes.

A. He is President of the Senate and has the casting vote therein, is a member of the canal board, is one of the commissioners of the Land Office, is one of the commissioners of the Canal Fund, is one of the trustees of the Capitol, is one of the trustees of the Idiot Asylum, and, ex-officio, one of the Regents of the University and member of the State Board of Charities. If the Governor dies, resigns, is impeached, or otherwise becomes unable to discharge the powers and duties of his office, they devolve upon the Lieutenant Governor for the residue of the term.

A. He is the keeper of the record books and papers belonging to the State, receives and records all pardons, and other executive and legislative acts, election returns, etc., furnishes certified and printed copies to the United States, State and County officers, and other persons authorized to receive the same, supervises the printing of the laws passed each year, reports annually to the Legislature statistics of pauperism and crime, and other information which it may call for. He is a member of the Canal Board, a commissioner of the Land Office, a member of the Board of State Canvassers, a Regent of the University, a trustee of the Capitol, of the State Hall, of the Idiot Asylum, and of the Board of State Charities.

A. Superintends and manages the fiscal concerns of the State, reports to the Legislature its annual revenues, expenditures and estimates, audits, examines and settles accounts due to or from the State, directs and superintends the collection of taxes and other moneys, draws warrants on the Treasurer for the payments of debts due by the State, negotiates temporary loans, if necessary to meet demands against the State, countersigns and registers all Treasurer's checks and receipts. He is a member of the Canal Board, a commissioner of the Land Office and of the Canal Fund, a member of the Board of State Canvassers, a trustee of the Capitol, the State Hall and the Idiot Asylum, and a member of the State Board of Charities.

A. He has charge of all the moneys paid into the State Treasury, pays drafts upon the warrants of the Comptroller, the Auditor of the Canal Department and Superintendent of the Bank Department, and keeps the State's Bank account. He is commissioner of the Land Office, and of the Canal Fund, a member of the Canal Board, and Board of State Canvassers.

A. He defends and prosecutes all suits in which the State is interested, receives costs adjudged to the State, prepares drafts of contracts, etc, for State officers, and prosecutes in their behalf persons violating the laws in regard to their departments, prosecutes criminals in the Oyer and Terminer when required by the Governor or Justices of the Supreme Court. He is commissioner of the Land Office and of the Canal Fund, a member of the Canal Board, the Board of State Canvassers, the Board of State Charities and a trustee of the Capitol and State Hall.

A. He prescribes the duties of, and assigns divisions of canals to engineers, visits and inspects canals, prescribes surveys, maps, plans, estimates, etc., in the construction and improvement of a canal, is a member of the Canal Board, of State Canvassers, a commissioner of the Land Office and a trustee of the State Hall.

A. He has the general supervision of the banks of the State, and reports their condition annually to the Legislature, issues circulating notes to banks on their depositing securities, holding their stocks and mortgage securities, and when a bank proves insolvent sells them and redeems its circulation.

A. He has the general supervision of all insurance companies transacting business in the State, and, reports their condition annually to the Legislature.

A. He draws warrants on the Treasurer for all canal payments, audits all canal accounts, instructs canal collectors and disbursing officers, keeps account of canal receipts and expenditures, etc, is ex-officio secretary of the Canal Board and of the Commissioners of the Canal Fund.

A. He has general supervision of the prisons, appoints the keepers and other officers therein.

A. He has charge of the Public Works, of the construction of new canals, the certificate of the proper local authorities, and he visits and inquires into the condition and management of these institutions; is chairman of the committee of the State Normal Schools, and apportions among the counties the number of pupils which each is entitled; has charge of the Indian, schools; he is, ex-officio, a Regent of the University; compiles the commissioners' abstracts of school districts in the State setting forth their condition and the account of receipts and expenses for each year, and makes an annual report to the Legislature. Q. Of what officers is the Canal Board composed?

A. The Lieutenant Governor, Secretary of State, Comptroller,
Treasurer, Attorney General, State Engineer and Surveyor, and
Canal Superintendent.

SALARIES.
Governor $10,000
Lieutenant Governor 5,000
Secretary of State 5,000
Comptroller 6,000
Treasurer 5,000
State Engineer and Surveyor 5,000
Superintendent of Banking 5,000
Superintendent of Insurance 7,000
Canal Auditor 5,000
Superintendent of Prisons 6,000
Superintendent of Public Works 6,000
Canal Appraisers 5,000
Superintendent of Public Instruc'n, 5,000

A. Secretary of State, Comptroller, Treasurer, Attorney General and State Engineer and Surveyor.

The Governor, ex-officio.
The Lieutenant-Governor, ex-offixo.
The Secretary of State, ex-officio.
The Superintendent of Public Instruction, ex officio.

1856. George W. Clinton ……. Buffalo. 1858. Lorenzo Burrows ……… Albion. 1859. Robert S. Hale ….. Elizabethtown. 1861. Elias W. Leavenworth …. Syracuse. 1861. J. Carson Brevoort …… Brooklyn. 1864. Geo. Wm. Curtis, W. New Brighton. 1870. Francis Kernan ………. Utica. 1871. John L. Lewis ……….. Penn Yan. 1872. Henry R. Pierson …….. Albany. 1873. Martin I. Townsend ………. Troy. 1874. Anson J. Upson ……….. Auburn. 1876. Wm. L. Bostwick ……… Ithaca. 1877. Orris H. Warren ……. Syracuse. 1877. Chauncey M. Depew …… New York. 1877. Charles E. Fitch ……. Rochester. 1878. Whitelaw Reid …….. New York. 1878. Leslie W. Russell ……. Canton. 1881. Wm. H. Watson …………. Utica. 1881. Henry E. Turner ……… Lowville.

OFFICERS OF THE BOARD.

Henry R. Pierson, Chancellor. George W. Clinton, Vice-Chancellor.
David Murray, Secretary. Daniel J. Pratt, Assistant Secretary.

IX.—JUDICIARY.

A tabular view of the judiciary of the State, commencing with the lowest courts and showing them in their regular order, leaving out such as are established for particular localities.

III. Supreme 1. Circuit. 2. Oyer and Terminer. 3. Special Term. 4. General Term.

JUSTICE COURT.

A. Some can be tried in it; but usually the parties give bail for their appearance at a higher court to await the action of the Grand Jury.

COUNTY COURT.

A. The County Court is for the trial of civil causes, the Sessions for the trial of criminal causes, but not of the higher crimes.

A. Original and Appellate, that is a suit may be commenced in it, or it may be appealed from a lower court.

A. Original; no person can be tried in it, who is charged with a crime until he is indicted by a Grand Jury.

A. They can; as soon as a cause has been tried in one court the
Judge may change to the other, and should it be the Sessions, the
Justices of Sessions must be on the bench with the Judge; should
it be the County Court, he alone is the court.

SUPREME COURT.

Q. For judicial convenience, the State has been divided into districts, and how many?

A. They cannot hold the office longer than the last day of
December next after they shall be seventy years of age.

A. To preside and try causes in the Circuit, Oyer and Terminer, and also hear appeals in the Special Term, and when appointed Judges of the General Term to hear and decide appeals there.

SPECIAL TERM.

A. A court held by one of the Supreme Court Judges in the district simply for hearing and deciding motions and appeals.

GENERAL TERM.

A. It is a court for hearing appeals, and consists of a single district, or a union of several districts; and there are four in the State, organized by an act of the Legislature.

A. It is usually called a Department, and numbered First, Second,
Third and Fourth.

The following table will give a view of Departments, Districts and
Counties in the State:

II. Dep. consists of
II. Dist.
Richmond,
Kings,
Queens,
Suffolk,
Westchester,
Putnam,
Dutchess,
Orange and Rockland Counties.

III. Dep. consists of
III. Dist.
Columbia,
Rensselaer,
Sullivan,
Ulster,
Albany,
Greene and Schoharie Counties.

IV. Dist.
Warren,
Saratoga,
St. Lawr'nce,
Washington,
Essex,
Franklin,
Clinton,
Montgom'ry,
Hamilton,
Fulton and Schenectady Counties.

VI. Dist.
Otsego,
Delaware,
Madison,
Chenango,
Tompkins,
Broome,
Chemung,
Schuyler,
Tioga and Cortland Counties.

IV. Dep. consists of
V. Dist.
Onondaga,
Jefferson,
Oneida,
Oswego,
Herkimer and Lewis Counties.

VII. Dist.
Livingston,
Ontario,
Wayne,
Yates,
Steuben,
Seneca,
Cayuga and Monroe Counties.

VIII. Dist.
Erie,
Chautauqua,
Cattaraugus,
Orleans,
Niagara,
Genesee,
Allegany and Wyoming Counties.

A. One county in the First, nine in the Second, seven in the Third, eleven in the Fourth, six in the Fifth, ten in the Sixth, eight in the Seventh, eight in the Eighth district.

A. One in the First, nine in the Second, twenty-eight in the
Third, and twenty-two in the Fourth.

Q. How many Justices constitute the General Term Court, or the court held in and for the department?

A. They are appointed by the Governor from the Supreme Court
Justices that have been previously elected by the people.

A. Not necessarily; they may be transferred from another department; as for instance, a Justice from Buffalo in the Fourth Department has been transferred to the First Department.

Q. How many Supreme Court Justices are elected in the territory known as the First Department?

Q. How many Supreme Court Justices are elected in the district known as the Second Department?

Q. How many Supreme Court Justices are elected in the districts known as the Third Department?

Q. How many Supreme Court Justices are elected in the districts known as the Fourth Department?

COURT OF APPEALS.

A. Of seven Judges, elected by the electors of the whole State for a term of fourteen years; one of their number is called a Chief Judge, the others are called Associate Judges; they cannot hold the office after they are seventy years old.

A. The party aggrieved may appeal from a Justice Court to a County
Court; from County or Supreme Courts to Special Term; from Special
Term to General Term; from General Term to Court Of Appeals.

A. They may affirm decisions made by lower courts, or reverse decisions, or grant new trials. The salary of the Chief Judge of the Court of Appeals is $7,500; of his Associates, $7,000.

ILLUSTRATION.

A. He has the right to appeal to the Justice holding a special term, asking for a new trial.

A. The decision of the Oyer and Terminer must be carried out unless the Governor interferes.

Q. In case the penalty is death and the day for execution has passed, what then?

Q. In case either of the Appellate Courts grants a new trial, what is to be done?

A. The cause will be tried in the same court, or, in one having the same jurisdiction, but before a different jury.

A. In the same way, only that the court may affirm or reverse decisions as well as grant new trials.

A FEW COMPARISONS BETWEEN THE STATE AND NATIONAL GOVERNMENTS.

A. Each has two branches. In the State they are called Assembly and Senate; in the National government they are called House of Representatives and Senate. The Assembly and House of Representatives each elect their own speaker; the State Senate is presided over by the Lieutenant Governor. The National Senate is presided over by the Vice-President.

A. In the Assembly there are one hundred and twenty-eight, in the
House of Representatives two hundred and ninety-three, in the
State Senate thirty-two, in the National Senate seventy-six.

A. The members of the Assembly are elected for one year, of the House of Representatives for two years, of the State Senate for two years, of the National Senate for six years.

JUDICIARY.

A. The Constitution of the United States calls them Inferior
Courts, and one Supreme Court.

A TABULAR VIEW OF UNITED STATES COURTS.

A. Sixty-five; fifty-six of them being in the States, and nine of them in the Territories.

A. Three; Alabama, New York and Tennessee have three districts
each; Ark., Fla., Ill., Mich., Miss., Mo., N. C., Ohio, Penn,
Texas, Va. and Wis. have two districts each, and the remaining
States and Territories one each.

A. One District Judge, a District Attorney, Assistant District
Attorneys, a Marshal, a Clerk, and a large number of Deputy
Marshals; and also Registers in Bankruptcy.

5. Circuit consisting of Miss., La., Ala., Fla., Ga. and Texas. William B. Woods, Judge.

8. Circuit consisting of Minn, Iowa, Mo., Ark., Kan. and Nebraska. George W. McCrary, Judge.

9. Circuit consisting of Cal., Oregon, Nevada and Colorado. Lorenzo Sawyer, Judge.

SUPREME COURT.

CHIEF JUSTICE.

ASSOCIATE JUSTICES.

Nathan Clifford … appointed 1858
Noah H. Swayne … appointed 1862
John M. Harlan … appointed 1877
Samuel F. Miller … appointed 1862
Stephen J. Field … appointed 1863
Wiliam Strong … appointed 1870
Joseph P. Bradley … appointed 1870
Ward Hunt … appointed 1872

A. Principally Appellate; it has Original jurisdiction in a few cases, as mentioned in Constitution.

A. The Chief Justice receives ten thousand five hundred dollars.
Associates receive ten thousand dollars.

A. They hold the office for life, or during good behavior, or until they resign. Election of a President and Vice-President of the United States.

ELECTION OF A PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES

A. Two: the first being the manner pursued by the political parties for nominating candidates; the second, the constitutional provisions for electing them.

I. Calling of a National Convention.
II. Calling of State Conventions.
III. Calling of County or Assembly District Conventions.
IV. Calling of Town Caucuses.

A. By a National Committee appointed at the last National
Convention, or the one held four years before.

A. By a State Committee, appointed at the State Convention held the year before.

A. By a Town Committee, appointed at a previous meeting. Q. Which meeting is held first?

A. The Town Caucus, and delegates are elected at this meeting to attend a County or Assembly District Convention,

A. The County or Assembly District Convention, which elects delegates to attend the State Convention.

A. The State Convention, which elects delegates to attend the
National Convention.

A. The National Convention. The delegates then and there assembled nominate candidates for the offices of President and Vice- President; and adopt their political platform.

A. Once in four years, in the months of April, May and June, preceding the presidential election.

I. State Convention for nominating
the Electors for President and Vice-President.

A. At a time when it is convenient to nominate State officers: for instance, August or September.

A. As many as it has Representatives and Senators. For instance, New York has thirty-three Representatives in the House, and two Senators; therefore New York is entitled to thirty-five electoral votes. Colorado has one Representative, and two Senators, and is entitled to three electoral votes.

A. One Elector is elected for each Congressional District; the two others are called Electors at Large, and are selected from any part of the State.

Q. What must each political party do that it may get its candidates before the people?

A. Once in four years, on the Tuesday following the first Monday in November, throughout all the States.

Q. What must each voter do, in the State of New York, that he may cast a ballot for President and Vice-President?

A. He must hand to the inspectors of election a ballot upon, which is printed the names of the thirty-five Electors.

A. By the same officers that canvass other votes. In New York State the inspectors of election canvass for their respective election districts, and certify the same to the Board of County Canvassers; the County Canvassers canvass for counties, and certify to the State Canvassers; the State Canvassers canvass for the State; and the Executive authority of each State causes three lists of the Electors of such State to be made and certified and delivered to the said Electors, on or before the first Wednesday in December.

MEETING OF PRESIDENTIAL ELECTORS.

A. I. They must meet on the first Wednesday in December succeeding their election, at such place in each State as the Legislature thereof shall designate (usually the capital), and vote for President and Vice-President, one of whom shall not be an inhabitant of the same State with themselves.

II. The Electors must make and sign three certificates of all the votes by them given for President and Vice-President, annexing to each a certificate of the Electors furnished by the authority of the Executive.

III. These certificates must be sealed, certifying, on the outside of each, that there is contained therein a list of the votes of such State for President and Vice-President.

IV. A person duly appointed by the Electors, or a majority of them, must take charge of and deliver one of these certificates to the President of the Senate, at the seat of government

V. The second certificate must be forwarded through the mails to the President of the Senate, at the seat of government.

VI. The third certificate must be delivered to the Judge of the
District Court in which the electors assemble.

OPENING AND COUNTING THE ELECTORAL VOTES.

A. On the second Wednesday in February the President of the Senate, in the presence of the Senate and House of Representatives, must open these certificates, and the votes must then be counted. The person having the greatest number of votes, if that number be a majority, shall be the President; and the person having the greatest number of votes for Vice-President, if that number be a majority, shall be the Vice-President

Q. In case neither candidate for the presidency has a majority of all the electoral votes cast, what must be done?

ELECTION BY THE HOUSE OF REPRESENTATIVES.

II. The candidates must be those already voted for, and must be confined to those receiving the highest number, not exceeding three.

III. Each State is entitled to only one vote: and it will be cast according to the wishes of a majority of the members in the House from that State. If, for instance, a State has fifteen members, eight belonging to one party and seven to another; the eight, being a majority, will, if agreed, cast the one vote, the minority having no voice in the election. Should there be an even number of members from any State, and should they be equally divided between two candidates, there might be one-half of a vote for each candidate.

Q, In case of a failure on the part of the House of Representatives to elect a President before the fourth of March, what then?

ELECTION OF VICE-PRESIDENT BY THE SENATE.

A. Yes, when the people have failed to elect a Vice-President, then the Senate must elect.

II. The Senate must vote for the two persons who received the highest number of votes for Vice-President.

III. A majority of all the members elected to the Senate is necessary to a choice.

IV. Should there be a tie in the Senate, the Vice-President may give the casting vote.

V. Should the Vice-President have succeeded to the presidency, or have vacated his office, and the President pro tem, (a Senator), preside, in that case there might be a tie, and no election reached.

THE PRESIDENT PRO TEM.

Q. What are the provisions for filling temporarily the office of
President, when vacant?

A. I. In case of the removal, death, resignation, or inability, of both the President and Vice-President of the United States, the President of the Senate pro tem., and in case there be no President of the Senate, then the Speaker of the House of Representatives shall act as President of the United States for the time, until the disability be removed, or a President be elected.

II. In case of a vacancy in both the offices for President and Vice-President, the Secretary of State of the United States, shall notify the Governors of all the States, and cause the same to be printed in at least one newspaper in each State, ordering an election for electors of President and Vice-President: PROVIDED there shall be a space of two months between the ordering of the same and the first Wednesday in December following.

THE ELECTORAL COLLEGE.

I. The term "Electoral College" means the presidential Electors when assembled as a body to cast the vote for President and Vice- President

II. Each State may provide by law for the filling of any vacancy which may exist in its college of electors, when such college meets to cast its electoral vote.

ELIGIBILITY.

I. No person shall hold the office, either of President or Vice- President, except native born citizens, or those who were in this country at the time of the adoption of the Constitution.

II. The candidate must have been a resident of the United States for fourteen years.

DUTIES.

II. And of the Militia of the several States when called into the actual service of the United States.

III. He has power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.

V. He nominates, and, by and with the consent of the Senate of the
United States, appoints Ambassadors, Public Ministers, Consuls,
Judges of the United States Courts, and all other United States
officers not otherwise provided for.

VI. He may fill all vacancies that happen during recess of the Senate, by granting commissions that expire at the close of the next session.

VII. He must from time to time give to Congress information in regard to the condition of affairs in the United States, and recommend such measures as he deems expedient. For further duties, see Constitution of the United States, Art. II.

VICE-PRESIDENT.

I. The Vice-President is President of the United States Senate, and has a vote only in case of a tie.

II. In case he succeeds to the presidency, then he performs the duties of the President, and the President pro tem. (a Senator) performs the duties of Vice-President and Senator.

SALARIES. [Footnote: The President's salary cannot be increased or diminished during his term of office.]

A tabular view showing how some United States officers get their authority, and from whom.

Members of the House of Rep's.
President sometimes. [Footnote: In 1801, and 1825. Who?]

[Footnote: Richard M. Johnson was elected Vice-President by the Senate in 1837. This is, thus far, the only instance.] Appointed by the President and confirmed by the Senate.

1. Sec. of State. 2. Sec. of Treasury. 3. Sec. of War. 4. Sec. of Navy. 5. Sec. of Interior. 6. Postmaster Gen. 7. Attorney Gen.

Governors of territories.
Ambassadors.
Ministers to foreign countries.
Consuls.
Judges of the U. S. Supreme Court.
Judges of the U. S. Circuit Courts.
Judges of the District Courts.
Postmasters.
And many other officers.

Q. What class of officers in the State performs nearly the same duties as the Cabinet officers in the Nation?

A. Those classed as "Administrative," on page 55; in the State they are elected by the people; in the Nation they are appointed by the President.

DUTIES

A. I. THE SECRETARY OF STATE, at the head, of the State Department, preserves the public archives, records, laws, arguments and treaties, and supervises their publication; conducts all business and correspondence arising out of foreign relations, makes out and records passports, commissions, etc.

II. THE SECRETARY OF THE TREASURY, at the head of the Treasury Department, receives and has charge of all moneys paid into the United States Treasury, has general supervision of the fiscal transactions of the Government, the collection of revenue, the auditing and payment of accounts and other disbursements; supervises the execution of the laws relating to Commerce and Navigation, the Revenues and Currency, the Coast Survey, the Mint and Coinage, the Lighthouse Establishments, Custom Houses, etc.

III. THE SECRETARY OF WAR, at the War Department, has charge of business growing out of military affairs, keeps the records of the army, issues commissions, directs the government of troops, superintends their payment, stores, clothing, arms, equipments and ordnance, constructs fortifications and conducts works of military engineering, river and harbor improvements.

IV. THE SECRETARY OF THE NAVY, at the head of the Navy Department, has charge of the Naval establishments and all business connected therewith, issues Naval commissions, instructions and orders, supervises the enlistment and discharge of seamen, the construction of Navy Yards and Docks, the construction and equipment of vessels, Coast Surveys, etc.

V. THE SECRETARY OF THE INTERIOR, at the head of the Department of the Interior, has charge of the survey, management, sales and grants of Public Lands, the examination of Pension and Bounty Land claims, the management of Indian affairs, the award of Patents, the distribution of Seeds and Plants, the taking of Censuses, the management of Government mines, etc. The Bureau of Education is a branch of this department.

VI. THE POSTMASTER GENERAL, at the head of the Post-office Department, has charge of the Postal System, the establishment and discontinuance of Post-offices, the appointment of Agents, the contracts for carrying the mails, etc.

VII. THE ATTORNEY GENERAL, at the head of the Department of
Justice, is the legal adviser of the President and members of the
Cabinet, examines titles, applications for pardons and judicial
and legal appointments, conducts and argues suits in which the
Government is concerned, etc.

AMBASSADORS, MINISTERS AND CONSULS.

A. An Ambassador is a minister of the highest rank, appointed to represent the interests of a country at the court, or seat of government of some other country.

A. A Minister Plenipotentiary is an Ambassador or Envoy, invested with full powers to negotiate a treaty, or do some other special business, without being a permanent resident of such country. Under such circumstances, he is called Ambassador extraordinary.

A. A person commissioned to reside in a foreign country as an agent or representative of a government, to protect the rights, commerce, merchants and seamen of the country, and to aid in commercial, and sometimes in diplomatic transactions, with such foreign country; he is sometimes called Ambassador or Minister ORDINARY.

SALARIES.

A. Each receives an annual salary of five thousand dollars a year, and an allowance of twenty cents per mile for travel in going to and returning from Washington.

*** END OF THE PROJECT GUTENBERG EBOOK CIVIL GOVERNMENT FOR COMMON SCHOOLS ***

Updated editions will replace the previous one—the old editions will be renamed.

Creating the works from print editions not protected by U.S. copyright law means that no one owns a United States copyright in these works, so the Foundation (and you!) can copy and distribute it in the United States without permission and without paying copyright royalties. Special rules, set forth in the General Terms of Use part of this license, apply to copying and distributing Project Gutenberg™ electronic works to protect the PROJECT GUTENBERG™ concept and trademark. Project Gutenberg is a registered trademark, and may not be used if you charge for an eBook, except by following the terms of the trademark license, including paying royalties for use of the Project Gutenberg trademark. If you do not charge anything for copies of this eBook, complying with the trademark license is very easy. You may use this eBook for nearly any purpose such as creation of derivative works, reports, performances and research. Project Gutenberg eBooks may be modified and printed and given away—you may do practically ANYTHING in the United States with eBooks not protected by U.S. copyright law. Redistribution is subject to the trademark license, especially commercial redistribution.

START: FULL LICENSE

PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg™ mission of promoting the free distribution of electronic works, by using or distributing this work (or any other work associated in any way with the phrase “Project Gutenberg”), you agree to comply with all the terms of the Full Project Gutenberg™ License available with this file or online at www.gutenberg.org/license.

Section 1. General Terms of Use and Redistributing Project Gutenberg™ electronic works

1.A. By reading or using any part of this Project Gutenberg™ electronic work, you indicate that you have read, understand, agree to and accept all the terms of this license and intellectual property (trademark/copyright) agreement. If you do not agree to abide by all the terms of this agreement, you must cease using and return or destroy all copies of Project Gutenberg™ electronic works in your possession. If you paid a fee for obtaining a copy of or access to a Project Gutenberg™ electronic work and you do not agree to be bound by the terms of this agreement, you may obtain a refund from the person or entity to whom you paid the fee as set forth in paragraph 1.E.8.

1.B. “Project Gutenberg” is a registered trademark. It may only be used on or associated in any way with an electronic work by people who agree to be bound by the terms of this agreement. There are a few things that you can do with most Project Gutenberg™ electronic works even without complying with the full terms of this agreement. See paragraph 1.C below. There are a lot of things you can do with Project Gutenberg™ electronic works if you follow the terms of this agreement and help preserve free future access to Project Gutenberg™ electronic works. See paragraph 1.E below.

1.C. The Project Gutenberg Literary Archive Foundation (“the Foundation” or PGLAF), owns a compilation copyright in the collection of Project Gutenberg™ electronic works. Nearly all the individual works in the collection are in the public domain in the United States. If an individual work is unprotected by copyright law in the United States and you are located in the United States, we do not claim a right to prevent you from copying, distributing, performing, displaying or creating derivative works based on the work as long as all references to Project Gutenberg are removed. Of course, we hope that you will support the Project Gutenberg™ mission of promoting free access to electronic works by freely sharing Project Gutenberg™ works in compliance with the terms of this agreement for keeping the Project Gutenberg™ name associated with the work. You can easily comply with the terms of this agreement by keeping this work in the same format with its attached full Project Gutenberg™ License when you share it without charge with others.

1.D. The copyright laws of the place where you are located also govern what you can do with this work. Copyright laws in most countries are in a constant state of change. If you are outside the United States, check the laws of your country in addition to the terms of this agreement before downloading, copying, displaying, performing, distributing or creating derivative works based on this work or any other Project Gutenberg™ work. The Foundation makes no representations concerning the copyright status of any work in any country other than the United States.

1.E. Unless you have removed all references to Project Gutenberg:

1.E.1. The following sentence, with active links to, or other immediate access to, the full Project Gutenberg™ License must appear prominently whenever any copy of a Project Gutenberg™ work (any work on which the phrase “Project Gutenberg” appears, or with which the phrase “Project Gutenberg” is associated) is accessed, displayed, performed, viewed, copied or distributed:

This eBook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org . If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook.

1.E.2. If an individual Project Gutenberg™ electronic work is derived from texts not protected by U.S. copyright law (does not contain a notice indicating that it is posted with permission of the copyright holder), the work can be copied and distributed to anyone in the United States without paying any fees or charges. If you are redistributing or providing access to a work with the phrase “Project Gutenberg” associated with or appearing on the work, you must comply either with the requirements of paragraphs 1.E.1 through 1.E.7 or obtain permission for the use of the work and the Project Gutenberg™ trademark as set forth in paragraphs 1.E.8 or 1.E.9.

1.E.3. If an individual Project Gutenberg™ electronic work is posted with the permission of the copyright holder, your use and distribution must comply with both paragraphs 1.E.1 through 1.E.7 and any additional terms imposed by the copyright holder. Additional terms will be linked to the Project Gutenberg™ License for all works posted with the permission of the copyright holder found at the beginning of this work.

1.E.4. Do not unlink or detach or remove the full Project Gutenberg™ License terms from this work, or any files containing a part of this work or any other work associated with Project Gutenberg™.

1.E.5. Do not copy, display, perform, distribute or redistribute this electronic work, or any part of this electronic work, without prominently displaying the sentence set forth in paragraph 1.E.1 with active links or immediate access to the full terms of the Project Gutenberg™ License.

1.E.6. You may convert to and distribute this work in any binary, compressed, marked up, nonproprietary or proprietary form, including any word processing or hypertext form. However, if you provide access to or distribute copies of a Project Gutenberg™ work in a format other than “Plain Vanilla ASCII” or other format used in the official version posted on the official Project Gutenberg™ website (www.gutenberg.org), you must, at no additional cost, fee or expense to the user, provide a copy, a means of exporting a copy, or a means of obtaining a copy upon request, of the work in its original “Plain Vanilla ASCII” or other form. Any alternate format must include the full Project Gutenberg™ License as specified in paragraph 1.E.1.

1.E.7. Do not charge a fee for access to, viewing, displaying, performing, copying or distributing any Project Gutenberg™ works unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8. You may charge a reasonable fee for copies of or providing access to or distributing Project Gutenberg™ electronic works provided that:

• You pay a royalty fee of 20% of the gross profits you derive from the use of Project Gutenberg™ works calculated using the method you already use to calculate your applicable taxes. The fee is owed to the owner of the Project Gutenberg™ trademark, but he has agreed to donate royalties under this paragraph to the Project Gutenberg Literary Archive Foundation. Royalty payments must be paid within 60 days following each date on which you prepare (or are legally required to prepare) your periodic tax returns. Royalty payments should be clearly marked as such and sent to the Project Gutenberg Literary Archive Foundation at the address specified in Section 4, “Information about donations to the Project Gutenberg Literary Archive Foundation.”
• You provide a full refund of any money paid by a user who notifies you in writing (or by e-mail) within 30 days of receipt that s/he does not agree to the terms of the full Project Gutenberg™ License. You must require such a user to return or destroy all copies of the works possessed in a physical medium and discontinue all use of and all access to other copies of Project Gutenberg™ works.
• You provide, in accordance with paragraph 1.F.3, a full refund of any money paid for a work or a replacement copy, if a defect in the electronic work is discovered and reported to you within 90 days of receipt of the work.
• You comply with all other terms of this agreement for free distribution of Project Gutenberg™ works.

1.E.9. If you wish to charge a fee or distribute a Project Gutenberg™ electronic work or group of works on different terms than are set forth in this agreement, you must obtain permission in writing from the Project Gutenberg Literary Archive Foundation, the manager of the Project Gutenberg™ trademark. Contact the Foundation as set forth in Section 3 below.

1.F.

1.F.1. Project Gutenberg volunteers and employees expend considerable effort to identify, do copyright research on, transcribe and proofread works not protected by U.S. copyright law in creating the Project Gutenberg™ collection. Despite these efforts, Project Gutenberg™ electronic works, and the medium on which they may be stored, may contain “Defects,” such as, but not limited to, incomplete, inaccurate or corrupt data, transcription errors, a copyright or other intellectual property infringement, a defective or damaged disk or other medium, a computer virus, or computer codes that damage or cannot be read by your equipment.

1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right of Replacement or Refund” described in paragraph 1.F.3, the Project Gutenberg Literary Archive Foundation, the owner of the Project Gutenberg™ trademark, and any other party distributing a Project Gutenberg™ electronic work under this agreement, disclaim all liability to you for damages, costs and expenses, including legal fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.

1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a defect in this electronic work within 90 days of receiving it, you can receive a refund of the money (if any) you paid for it by sending a written explanation to the person you received the work from. If you received the work on a physical medium, you must return the medium with your written explanation. The person or entity that provided you with the defective work may elect to provide a replacement copy in lieu of a refund. If you received the work electronically, the person or entity providing it to you may choose to give you a second opportunity to receive the work electronically in lieu of a refund. If the second copy is also defective, you may demand a refund in writing without further opportunities to fix the problem.

1.F.4. Except for the limited right of replacement or refund set forth in paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.

1.F.5. Some states do not allow disclaimers of certain implied warranties or the exclusion or limitation of certain types of damages. If any disclaimer or limitation set forth in this agreement violates the law of the state applicable to this agreement, the agreement shall be interpreted to make the maximum disclaimer or limitation permitted by the applicable state law. The invalidity or unenforceability of any provision of this agreement shall not void the remaining provisions.

1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the trademark owner, any agent or employee of the Foundation, anyone providing copies of Project Gutenberg™ electronic works in accordance with this agreement, and any volunteers associated with the production, promotion and distribution of Project Gutenberg™ electronic works, harmless from all liability, costs and expenses, including legal fees, that arise directly or indirectly from any of the following which you do or cause to occur: (a) distribution of this or any Project Gutenberg™ work, (b) alteration, modification, or additions or deletions to any Project Gutenberg™ work, and (c) any Defect you cause.

Section 2. Information about the Mission of Project Gutenberg™

Project Gutenberg™ is synonymous with the free distribution of electronic works in formats readable by the widest variety of computers including obsolete, old, middle-aged and new computers. It exists because of the efforts of hundreds of volunteers and donations from people in all walks of life.

Volunteers and financial support to provide volunteers with the assistance they need are critical to reaching Project Gutenberg™’s goals and ensuring that the Project Gutenberg™ collection will remain freely available for generations to come. In 2001, the Project Gutenberg Literary Archive Foundation was created to provide a secure and permanent future for Project Gutenberg™ and future generations. To learn more about the Project Gutenberg Literary Archive Foundation and how your efforts and donations can help, see Sections 3 and 4 and the Foundation information page at www.gutenberg.org.

Section 3. Information about the Project Gutenberg Literary Archive Foundation

The Project Gutenberg Literary Archive Foundation is a non-profit 501(c)(3) educational corporation organized under the laws of the state of Mississippi and granted tax exempt status by the Internal Revenue Service. The Foundation’s EIN or federal tax identification number is 64-6221541. Contributions to the Project Gutenberg Literary Archive Foundation are tax deductible to the full extent permitted by U.S. federal laws and your state’s laws.

The Foundation’s business office is located at 809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up to date contact information can be found at the Foundation’s website and official page at www.gutenberg.org/contact

Section 4. Information about Donations to the Project Gutenberg Literary Archive Foundation

Project Gutenberg™ depends upon and cannot survive without widespread public support and donations to carry out its mission of increasing the number of public domain and licensed works that can be freely distributed in machine-readable form accessible by the widest array of equipment including outdated equipment. Many small donations ($1 to $5,000) are particularly important to maintaining tax exempt status with the IRS.

The Foundation is committed to complying with the laws regulating charities and charitable donations in all 50 states of the United States. Compliance requirements are not uniform and it takes a considerable effort, much paperwork and many fees to meet and keep up with these requirements. We do not solicit donations in locations where we have not received written confirmation of compliance. To SEND DONATIONS or determine the status of compliance for any particular state visit www.gutenberg.org/donate .

While we cannot and do not solicit contributions from states where we have not met the solicitation requirements, we know of no prohibition against accepting unsolicited donations from donors in such states who approach us with offers to donate.

International donations are gratefully accepted, but we cannot make any statements concerning tax treatment of donations received from outside the United States. U.S. laws alone swamp our small staff.

Please check the Project Gutenberg web pages for current donation methods and addresses. Donations are accepted in a number of other ways including checks, online payments and credit card donations. To donate, please visit: www.gutenberg.org/donate.

Section 5. General Information About Project Gutenberg™ electronic works

Professor Michael S. Hart was the originator of the Project Gutenberg™ concept of a library of electronic works that could be freely shared with anyone. For forty years, he produced and distributed Project Gutenberg™ eBooks with only a loose network of volunteer support.

Project Gutenberg™ eBooks are often created from several printed editions, all of which are confirmed as not protected by copyright in the U.S. unless a copyright notice is included. Thus, we do not necessarily keep eBooks in compliance with any particular paper edition.

Most people start at our website which has the main PG search facility: www.gutenberg.org .

This website includes information about Project Gutenberg™, including how to make donations to the Project Gutenberg Literary Archive Foundation, how to help produce our new eBooks, and how to subscribe to our email newsletter to hear about new eBooks.