Chapter LXVII (1)

Rights and Duties of Neutral Nations; Contraband Goods; Blockade; Right of Search; Safe Conducts and Passports; Truces; Treaties of Peace.

§1. A neutral nation is bound to observe a strict impartiality toward the parties at war. If she should aid one party to the injury of the other, she would be liable to be herself treated as an enemy. A loan of money to one of the belligerents, or supplying him with other means of carrying on a war, if done with the view of aiding him in the war, would be a violation of neutrality. But an engagement made in time of peace to furnish a nation a certain number of ships, or troops, or other articles of war, may afterward, in time of war, be fulfilled.

§2. A nation is not bound, however, on the occurrence of a war, to change its customary trade, and to cease supplying a belligerent with articles of trade which such belligerent was wont to receive from her, although the goods may afford him the means of carrying on the war. So if a nation has been accustomed to lend money to another for interest, and the latter should become engaged in war with a third power, the neutral would not break her neutrality if she should continue to lend her money. The wrong in any case lies in the _intention_ to aid one to the detriment of the other.

§3. This rule, it is believed, is universally admitted in cases of belligerents going themselves to a neutral country to make their purchases. But whether a neutral nation is at full liberty to _carry the goods_ in the cases mentioned, is not so certain. A nation in a just war has a right to deprive her enemy of the means of resisting or injuring her, and therefore may lawfully intercept every thing of a warlike nature which a neutral is carrying to such enemy.

§4. Articles which a neutral nation is not allowed to carry to an enemy, are called contraband goods. What these are, it is impossible to say with precision, as some articles may in certain cases be lawfully carried, which would be justly prohibited under other circumstances. Among the articles usually contraband, are arms, ammunition, materials for ship-building, naval stores, horses, and sometimes even provisions.

§5. Contraband goods, when ascertained to be such, are confiscated to the captors as lawful prize. Formerly the vessel also was liable to be condemned and confiscated; but the modern practice, it is said, exempts the ship, unless it belongs to the owner of the contraband articles, or the carrying of them is connected with aggravating circumstances.

§6. One of the rights of a belligerent nation which a neutral is bound to regard, is the right of blockade. _Blockade_ is a blocking up. A war blockade is the stationing of ships of war at the entrance of an enemy's ports, to prevent all vessels from coming out or going in. The object of a blockade is to hinder supplies of arms, ammunition, and provisions from entering, with a view to compel a surrender by hunger and want, without an attack. A neutral vessel attempting to enter or depart, becomes liable to be seized and condemned. Towns and fortresses also may be shut up by posting troops at the avenues.

§7. A simple decree or order declaring a certain coast or country in a state of blockade, does not constitute a blockade. A force must be stationed there, competent to maintain the blockade, and to make it dangerous to enter. And it is necessary that the neutral should have due notice of the blockade, in order to subject his property to condemnation and forfeiture. According to modern usage, if a place is blockaded by sea only, trade with it by a neutral nation may be carried on by inland communication. And a neutral vessel, loaded before the blockade was established, has a right to leave the port with her cargo.

§8. To prevent the conveyance of contraband goods, the law of nations gives a belligerent nation the _right of search_; that is, the right, in time of war, to search neutral vessels, to ascertain their character, and what articles are on board. A neutral vessel refusing to be searched by a lawful cruiser, would thereby render herself liable to condemnation as a prize. Private merchant vessels only are subject to search; the right does not extend to public ships of war.

§9. The property of an enemy found on board of a neutral vessel, may be seized, if the vessel is beyond the limits of the jurisdiction of the nation to which she belongs; but the vessel is not confiscated; and the master is entitled to freight for the carriage of the goods. The _property of neutrals_ found in an enemy's vessels, is to be restored to the owners.

§10. A neutral is forbidden by the law and practice of nations, to permit a belligerent to arm and equip vessels of war within her forts. Nor may the citizens of a nation fit out any vessel, or enlist, to go beyond the limits of their own country to assist any people in war against another with whom they are at peace.

§11. It is sometimes agreed to suspend hostilities for a time. If the agreement is only for a short period, for the purpose of burying the dead after battle, or for a parley between the hostile generals; or if it regards only some particular place, it is called a cessation or _suspension of arms_; if for a considerable time, and especially if general, it is called a _truce_. By a partial truce, hostilities are suspended in certain places, as between a town and the general besieging it; and generals have power to make such truces. By a general truce, hostilities are to cease generally, and in all places, and are made by the governments or sovereigns. Such truces afford opportunities for nations to settle their disputes by negotiation.

§12. A truce binds the contracting parties from the time it is made; but individuals of the nation are not responsible for its violation before they have had due notice of it. And for all prizes taken after the time of its commencement, the government is bound to make restitution. During the cessation of hostilities, each party may, within his own territories, continue his preparations for war, without being charged with a breach of good faith.

§13. War is generally terminated, and peace secured, by _treaties of peace_. The manner of making treaties has been described. (Chap. XL, §5.) A treaty of peace puts an end to the war, and leaves the contracting parties no right to take up arms for the same cause.

§14. The parties to a treaty of peace are bound by it from the time of its conclusion, which is the day on which it is signed; but, as in the case of a truce, persons are not held responsible for any hostile acts committed before the treaty was known; and their government is bound to order and enforce the restitution of property captured subsequently to the conclusion of the treaty.

§15. War is sometimes terminated by _mediation_. A friend to both parties, desirous of stopping the destruction of human life, kindly endeavors to reconcile the parties. The friendly sovereign who thus interposes, is called _mediator_. Many desolating wars might have been early arrested in this way, or wholly prevented, had there always been among friendly powers a disposition to reconcile contending nations.

Synopsis of the State Constitutions.

Maine.

The District of Maine, formerly belonging to the state of Massachusetts, adopted in convention, October 29, 1819, the present constitution, and was admitted into the Union as a state, March 15, 1820. The constitution has received several alterations.

_Electors._ All male citizens, having had a residence in the state three months, except paupers, persons under guardianship, and Indians not taxed.

_Legislature._ The house of representatives consists of one hundred and fifty-one members, apportioned among the counties according to population; and the number apportioned to each county are apportioned among the towns according to the population. A representative must have been a citizen of the United States five years, resided in the state one year, and in the town or district he is chosen to represent, three months. Senate, not less than twenty, nor more than thirty-one members, elected in districts by majority. If a senator is not elected by the electors, the house and the senators elected choose one from the two candidates having the highest numbers of votes. Age, twenty-five years, otherwise qualified as representatives.

A majority constitutes a _quorum_. Bills vetoed by the governor become laws when re-passed by two-thirds majorities. Also bills become laws if not returned by the governor within five days, unless their return is prevented by adjournment, in which case they will become laws unless returned within three days after the next meeting.

_Executive._ The governor is elected annually, by majority. If no person has a majority, the house, from those voted for (not exceeding four) having the highest numbers of votes, elects two, of whom the senate elects a governor. Age, thirty years, a native citizen, resident of the state five years. An executive council of seven, chosen annually by the legislature on joint ballot. Power of appointment is exercised by the governor and council. No lieutenant-governor.

Secretary of state, treasurer, and attorney-general, are chosen annually by joint ballot of both houses.

_Judiciary._ A supreme judicial court, and such other courts as the legislature may establish. Judges of the judicial court are appointed by the governor and council for seven years; judges and registers of probate are elected in the counties for four years.

Officers may be removed by impeachment, and by the governor and council on address of both houses of the legislature.

Amendments to the constitution may be proposed by two-thirds of both branches, and ratified by the electors at the next annual election.

New Hampshire.

The first constitution of this state was adopted in 1784; the present one in 1792, and has been amended.

_Electors._ All male citizens, except paupers and persons excused from paying taxes at their own request, resident in the state six months, and in the town three months.

_Legislature_--called _general court_. Senate, twelve members, elected annually in single districts; thirty years of age; inhabitants of the state seven years, and inhabitants of their respective districts. Representatives are apportioned among the towns according to ratable male polls, (male tax-payers;) state residence, two years. Senators and representatives must be of the Protestant religion. _Quorum_, a majority.

Bills passed against the veto by two-thirds majorities--also become laws if not returned within five days, unless the return is prevented by adjournment.

_Executive._ The governor is elected annually by majority. If no person has a majority, the two houses elect one of the two highest. Age, thirty years; inhabitant of the state, seven years, and a Protestant. Council of five, one in each district, elected annually by majority. Power of appointment and of pardon exercised by the governor and council. No lieutenant-governor.

Secretary of state, treasurer, and commissary-general appointed by joint ballot of both houses.

_Judiciary._ Judicial officers are appointed by the governor and council; justices of the peace for five years, judges of the higher courts during good behavior. Judges disqualified at seventy years of age.

Attorney-general, solicitors, sheriffs, coroners, registers of probate, and naval and the higher militia officers, are appointed by the governor and council. County treasurers and registers of deeds are elected in the counties.

_Amendments._ The sense of the people is taken every seven years; and if a majority favor a revision, the legislature calls a convention; and any alterations proposed by the convention must be approved by two-thirds of the qualified electors who vote thereon.

Vermont.

This state was admitted into the Union in 1791, with a constitution formed in 1777; the present one was adopted in 1793, and has been several times amended.

_Electors._ Citizens having resided in the state one year, of quiet and peaceable behavior, are entitled to all the privileges of freemen, by taking an oath that, in giving their votes, they will so do it as they believe will conduce to the best good of the state.

_Legislature._ Senate, thirty members, elected annually; apportioned among the counties according to population, each county to have at least one senator; age, thirty years; freemen of the county. Representatives are elected in towns, each town being entitled to at least one representative; resident of the state two years, of the town one year.

_Quorum_, a majority. For raising a tax, two-thirds of the members elected must be present.

Bills vetoed by the governor may be again passed by simple majorities. Bills not returned by the governor within five days become laws, unless their return is prevented by adjournment.

_Executive._ The governor is elected annually by majority. If no person has a majority, the legislature chooses one of the three highest. Resident of the state four years. A lieutenant-governor.

A secretary of state, chosen by the two houses; a treasurer, elected as governor and lieutenant-governor.

_Judiciary._ A supreme court and county courts; the judges chosen annually by the senate and house; justices of the peace are elected in the towns; judges of probate in districts; assistant judges of county courts, sheriffs, high bailiffs, and state's attorneys, in their respective counties.

_Amendments._ A council of thirteen censors, chosen every seven years, examines into the different departments, and have power to call a convention to amend the constitution.

Massachusetts.

The constitution of this state was formed in 1780. It has been several times amended.

_Electors._ Every male citizen, except paupers and persons under guardianship, having resided in the state one year, in the town or district six months; and having paid a tax within two years, or is legally exempt from taxation.

_Legislature_--styled _general court_. Senate, forty members, chosen in districts, and apportioned according to population; residents of the state five years, and inhabitants of the districts they represent. Representatives are apportioned among the towns and cities. Every town or city containing 1,200 inhabitants, is entitled to one, and an additional one for every 2,400 additional inhabitants. Residence one year in the towns they represent.

Bills passed against the veto by two-thirds majorities--or become laws if not returned within five days, unless the legislature by adjournment, prevent their return.

_Executive._ The governor is chosen annually, by majority. If no candidate has a majority, the house elects two of those voted for, (not exceeding four,) having the highest numbers of votes, of which two the senate elects a governor. He must have resided in the state seven years, and declare himself to be of the Christian religion. A council of nine, elected annually by joint ballot of the two houses, act with the governor in pardons and appointments, and in directing the affairs of state generally. Counselors must have resided in the state five years.

The secretary, treasurer, receiver-general, commissary-general, notaries public, and naval officers, are chosen annually by the legislature.

_Judiciary._ A supreme judicial court and a court of common pleas, held in every county of the state, and courts held by justices of the peace. All judicial officers are appointed by the governor and council; justices of the higher courts during good behavior, justices of the peace for seven years. The former are removable by the governor and council, or address of the legislature.

The attorney-general, the solicitor-general, sheriffs, coroners, and registers of probate, are appointed as justices.

_Amendments_ agreed to by a majority of the senators and two-thirds of the representatives at two successive sessions, are submitted to the qualified voters of the state for ratification.

Rhode Island.

A charter granted in 1663, by Charles II, to the Rhode Island and Providence Plantations, continued, with some modifications, the basis of government of this state, until 1842, when the present constitution was adopted.

_Electors._ Every male _native_ citizen, resident in the state two years, in the town or city six months, and having within a year paid a tax of $1, or has done military duty. Also every naturalized citizen, resident in the state one year, in the town or city six months, owning real estate worth $134 above all incumbrances, or which rents for $7 a year. Voters in this state must be registered in the town clerk's office, at least seven days before they offer their votes.

_Legislature_ styled _general assembly_. Representatives, not to exceed seventy-two, are apportioned among the towns, no town to have more than one-sixth of the whole house. The senate consists of the lieutenant-governor and one senator from each town or city. The governor, and in his absence, the lieutenant-governor, presides in the senate, and in grand committee, (the two houses united.) _Quorum_, a majority.

Bills when passed by both houses are laws.

_Executive._ The governor and lieutenant-governor are elected annually by majority. If no candidate has a majority, the two houses in joint assembly (grand committee) elect from the two having the highest numbers of votes.

A secretary, an attorney-general, and a general treasurer, are elected in the same manner as the governor.

_Judiciary._ A supreme court and such inferior courts as the legislature shall establish. Judges of the supreme court are elected by the two houses in grand committee. The judges hold their offices until their places shall be declared vacant by the general assembly.

_Amendments_ must be agreed to by two successive legislatures, (a majority of all the members elected to each house voting in their favor,) and approved by three-fifths of the electors of the state voting thereon.

Connecticut.

This state was governed under a charter granted by Charles II, in 1662, until 1818, when the present constitution was adopted. This constitution has received numerous amendments.

_Electors._ Every white male citizen, who has resided in the state a year, and in the town six months, who sustains a good moral character, and is able to read any section of the constitution of the state and of the constitution of the United States.

_Legislature_--styled _general assembly_. Representatives are apportioned among the towns according to population. Any elector is eligible to either house. Senators, not less than eighteen, nor more than twenty-four, are chosen in districts, the number of which is not to be less than eight, nor more than twenty-four. _Quorum_, a majority.

Bills rejected by the governor may be again passed by a majority of each house. Bills become laws also if not returned by the governor within three days, unless the legislature sooner adjourn.

_Executive._ A governor and lieutenant-governor are elected annually. Any qualified elector thirty years of age is eligible. Election by majority. In case of a failure to elect, the general assembly chooses a governor from the two having the highest numbers of votes.

A treasurer, a secretary, and a controller of public accounts, are elected as the governor and lieutenant-governor. A sheriff is elected in each county for three years.

_Judiciary._ A supreme court, a superior court, and such inferior courts as the legislature shall establish. The judges are appointed by the general assembly; the judges of the supreme and superior courts for eight years; removable by the governor on address of two-thirds of each house. Judges of probate are chosen annually by the electors in districts; justices of the peace in the towns.

_Amendments_ are proposed by a majority of the house of representatives, approved by two-thirds of both houses of the next legislature and a majority of the electors at an election.

New York.

The first constitution of this state was formed in 1777; the second in 1821, and adopted in 1822; the present was formed and adopted in 1846.

_Electors._ Every white male citizen, resident in the state a year, and in the county four months, and thirty days in the district which the person voted for is to represent. Naturalized persons must have been admitted as citizens ten days before voting. Colored men must have resided in the state three years, own a freehold of $250 in value over incumbrances, and have paid a tax thereon.

_Legislature._ Senate, thirty-two members elected in single districts for two years. Assembly, one hundred and twenty-eight members, apportioned among the counties. Counties entitled to more than one member are divided into districts and a member is elected in each district. A census is taken, and a new apportionment made every ten years. A majority is a quorum to do business. The final passage of bills requires a majority of all the members. Bills may be passed against the veto by two-thirds majorities. They become laws if not returned within ten days, unless their return is prevented by adjournment.

_Executive._ A governor is elected for two years; a citizen, thirty years of age; a resident of the state five years. A lieutenant-governor.

_Judiciary._ A court of appeals, a supreme court, county courts, and courts held by justices of the peace. There are eight judicial districts, in each of which four justices of the supreme court are elected for eight years, two of them every two years. The court of appeals is composed of eight judges, four of whom are elected by the electors of the state for eight years, one every two years, and the other four are of the class of justices of the supreme court whose term has most nearly expired. In each county are held circuit courts and special terms of the supreme court, by one or more justices of the supreme court. General terms of the supreme court are held in the several districts by three or more of the justices. A county court is held by a county judge elected for four years, who is also _surrogate_, called in other states, _judge of probate_. In counties having more than 40,000 inhabitants, a separate officer may be chosen as surrogate. Justices of the peace are elected in the several towns for four years.

Judges of the court of appeals and justices of the supreme court may be removed by the legislature; county judges by the senate on recommendation of the governor.

A secretary of state, a controller, a treasurer, an attorney-general, and a state engineer and surveyor, are chosen for two years; three canal commissioners and three inspectors of state prisons, for three years, one of each every year.

Sheriffs, clerks of counties, coroners, and district attorneys, are elected for three years in the several counties. Sheriffs are ineligible for the next three years.

_Amendments_ must receive the sanction of two successive legislatures, and of a majority of the electors voting thereon at an election.

New Jersey.

New Jersey, as a colony, adopted a constitution in 1776, under which the state was governed until the present constitution, framed in 1844, was adopted.

_Electors._ White male citizens, who have resided in the state a year, and in the county five months.

_Legislature._ A senate and general assembly. The senate consists of one senator from each county, elected for three years; one-third of the senators elected every year. Age, thirty years; residence in the state four years, and in the county one year. Members of the general assembly, not to exceed sixty, are apportioned among the counties according to population. Residence in the state two years, in the county one year. A majority is a _quorum_.

The final passage of bills requires a majority of the members elected. The same majorities may pass bills disapproved by the governor. Bills become laws if not returned by the governor within five days, unless their return is prevented by adjournment.

_Executive._ The governor is elected for three years, and is ineligible for the next three years. He must be thirty years of age; have been twenty years a citizen, seven years a resident of the state. The pardoning power is exercised by the governor in conjunction with the chancellor and the judges of the court of errors and appeals. No lieutenant-governor.

The state treasurer, and the keeper and inspectors of the state prison are appointed annually by joint assembly of the two houses. The secretary of state, attorney-general, and prosecutors of the pleas, are appointed by the governor and senate, for five years.

_Judiciary._ A court of errors and appeals; a court of chancery; a prerogative court; a supreme court; circuit courts; and inferior courts. The court of errors and appeals consists of the chancellor, the justice of the supreme court, and six judges, or a majority of them. The court of chancery consists of the chancellor, who is also the ordinary, or surrogate-general, and judge of the prerogative court, to which appeals are made from the orphans' court. The supreme court consists of a chief justice and four associates. The circuit courts are held in every county by one or more justices of the supreme court, or a judge appointed for that purpose. Chancellor and justices of the supreme court hold for seven years; judges of the court of errors and appeals for six years; and all are appointed by the governor and senate. The inferior court of common pleas shall not have more than five judges, one to be appointed every year by the senate and assembly.

Justices of the peace, from two to five, are elected in each township and city ward, for five years.

Sheriffs and coroners are elected annually in their respective counties, and may be re-elected until they shall have served three years; after which they are ineligible for three years.

_Amendments_ must be agreed to by two successive legislatures, a majority of all the members elected to each house concurring, and be ratified by the electors at an election held for that purpose. Amendments, (if more than one,) must be submitted separately; and not oftener than once in five years.

Pennsylvania.

A Constitution was adopted in 1776; another in 1790; the present one in 1838.

_Electors._ White freemen, having resided in the state one year, in the election district ten days, and paid a tax within two years; if between twenty-one and twenty-two years, they need not have paid the tax. An elector having removed from the state and returned, may vote after six months residence in the state, and ten days in the district, and the payment of taxes.

_Legislature_--called _general assembly_. Representatives are chosen annually, and apportioned every seven years among the counties according to the number of taxable inhabitants; number not less than sixty, nor more than one hundred. Age, twenty-one; residence in the state three years, one in the district. Senators are chosen for three years, (one-third every year,) in districts, not more than two in any district, unless the taxable inhabitants in any city or county entitle it to elect more; but no city or county may elect more than four. The whole number may not be less than one-fourth nor greater than one-third of the number of representatives. Twenty-five years; state residence, four years; district, one year.

_Quorum_, a majority of each house. Bills passed against the veto by two-thirds majorities. Bills not returned by the governor within ten days, become laws, unless their return is prevented by adjournment.

_Executive._ The governor is elected for three years, and may not hold the office more than six years in nine Age, thirty years; a citizen and inhabitant of the state, seven years. No lieutenant-governor.

A secretary is appointed by the governor during pleasure. A treasurer is chosen annually by joint assembly.

_Judiciary._ Supreme court, the judges elected for fifteen years; courts of oyer and terminer and general jail delivery in the counties, held by judges of the supreme court and court of common pleas; a court of common pleas in each judicial district, which may not include more than five counties, the presiding judge to hold his office for ten years, the associates for five years; a court of quarter sessions and orphans' court for each county, held by judges of the common pleas; a register's court for each county, composed of the register of wills and judges of the common pleas; and courts held in the several townships, wards, and boroughs, by justices of the peace or aldermen elected by the voters therein, for five years. Judges of the supreme court are elected by the people of the state at large; others are chosen in the districts or counties over which they preside.

Sheriffs and coroners are elected in their counties for three years. Sheriffs may not be twice chosen in any term of six years.

_Amendments_ must be agreed to by majorities of all the members of two successive legislatures, and ratified by a majority of the electors voting thereon. Amendments must be voted on separately; and none may be submitted to the electors oftener than once in five years.

Delaware.

The first constitution of this state was adopted in 1776; the present, in 1831, and has been amended.

_Electors._ White males twenty-two years of age, having resided in the state one year, in the county one month, and within two years paid a county tax assessed at least six months before the election. If twenty-one, and under twenty-two years of age, they may vote without having paid any tax.

_Legislature_--called _general assembly_. Representatives are chosen in counties for two years; must be twenty-four years of age; have been citizens and inhabitants of the state three years, of the county one year. Senators are elected in the counties for four years; the number not to be greater than one-half, nor less than one-third of the number of representatives. A senator must be twenty-seven years of age; have been a citizen and an inhabitant of the state three years, of the county, one year; and possess a freehold estate in the county of two hundred acres of land, or real and personal property, or either, worth £1,000, at least.

A majority of each house is a quorum. Bills are not submitted to the governor.

_Executive._ The governor is elected for four years, and is not eligible a second time. Thirty years of age; a citizen and inhabitant of the United States twelve years, of the state, six years. No lieutenant-governor.

A secretary of state, appointed by the governor during his continuance in office; a state treasurer, biennially, by a concurrent vote of the two houses. [By this mode of election, the two houses do not meet and vote jointly, but they vote separately, as in passing laws.]

_Judiciary._ Five judges appointed by the governor, of whom one is chancellor, and holds the court of chancery. Of the other four, one is chief-justice, and the other three are associate justices, of whom one resides in each county.

The superior court, and the court of general sessions of the peace and jail delivery, consist of the chief-justice and two associates. The court of oyer and terminer consists of all the judges except the chancellor. The court of errors and appeals issues writs of error to the superior court, receives appeals from the court of chancery, and determines finally all matters in error in the judgments and proceedings of the superior court; and when thus acting, it consists of the chancellor and two of the other judges. In other cases, it is differently constituted. The orphans' court in each county is held by the chancellor and the associate judge residing in the county. The register's court in each county is held by the register of the county.

Judges of the courts are appointed by the governor during good behavior; and they may be removed by him on the address of two-thirds of all the members of each branch of the general assembly.

In pursuance of the power vested in the legislature to establish inferior courts, a court of common pleas is established in each county.

Justices of the peace in each county are appointed by the governor for seven years, and may be removed as the judges.

The attorney-general, registers, and prothonotaries are appointed for five years, removable in like manner.

The sheriff and the coroner of each county are elected by the citizens thereof; but the legislature may vest their appointment in the governor. The sheriff may not be chosen twice in any term of six years.

_Amendments_ are proposed by two-thirds of each house, with the approbation of the governor, and ratified by three-fourths of each branch of the next general assembly. Or, a convention to amend may be called by the legislature, in pursuance of the sense of the people expressed at a previous election.

Maryland.

The constitution of this state adopted in 1776, continued until 1851, when the present one was adopted.

_Electors._ White male citizens, having resided a year in the state, and six months in the county.

_Executive._ The governor is elected for four years; must be thirty years of age; have been a citizen five years, a resident of the state five years, and for three years a resident of the district from which he is elected. In case of vacancy, the general assembly elects a resident of the same district for the residue of the term. If the vacancy happens during the recess of the legislature, the president of the senate serves until the next session. No lieutenant-governor.

A secretary of state is appointed by the governor and senate during the official term of the governor. A controller of the treasury is elected by the electors of the state for two years; and a treasurer and a state librarian are chosen by the legislature on joint ballot at each session.

_Legislature._ A senate and a house of delegates, styled _general assembly_. Senators, one from each county and the city of Baltimore, are elected for four years, one-half every two years. Age, twenty-five years; residence, three years in the state, one in the county. Delegates are eligible at twenty-one; otherwise qualified as senators; elected for two years, apportioned among the counties according to population; the city of Baltimore to have four more delegates than the most populous county, and no county to have less than two delegates; the whole number not to be more than eighty, nor less than sixty-five.

A majority constitutes a quorum. Bills must pass by majorities of all the members elected; and when so passed and sealed with the great seal, the governor is required to sign them in the presence of the presiding officers and chief clerks of both houses.

_Judiciary._ A court of appeals, consisting of four judges, one of whom is elected in each judicial district for ten years. One is designated by the governor and senate as chief-justice. They must be thirty years of age, and have been citizens of the state five years. They are disqualified at seventy. There are eight judicial circuits, in each of which, except the fifth, is elected a judge, for ten years, who holds circuit courts in the counties within his circuit.

There are, in the city of Baltimore, courts peculiar to that city.

Justices of the peace and constables, are elected for two years in each ward of the city of Baltimore, and in each election district in the several counties.

A sheriff and a state's attorney are elected in each county and the city of Baltimore, the former for two, and the latter for four years. Sheriffs are ineligible for the next two years.

_Amendments_ may be made only by a convention, called by the legislature in pursuance of a vote of the people to be taken after each United States census.

Virginia.

A constitution was adopted in 1716; another in 1830; the present in 1851.

_Electors._ White male citizens, having resided in the state two years, and in the county, city or town where they offer to vote, one year. Votes are given openly, or _viva voce_. Dumb persons only vote by ballot.

_Legislature._ Senate and house of delegates. Delegates, one hundred and fifty-two in number, are elected biennially, and apportioned among the several counties and election districts according to population. The senate consists of fifty members, elected in single districts for four years, one-half every two years. Apportionments are made every ten years. Delegates are eligible at the age of twenty-one years; senators at the age of twenty-five.

_Quorum_, a majority. Bills to become laws, do not require the governor's approval.

_Executive._ The governor is elected for four years, and is ineligible for the next term. He must be thirty years of age, a native citizen of the United States, and have been a citizen of the state five years. A lieutenant-governor.

A secretary of state, a treasurer, and an auditor of public accounts, are elected for two years in joint assembly; an attorney general is elected for four years by the people at every election for governor.

_Judiciary._ The state is divided into twenty-one judicial circuits, ten districts, and five sections, in each of which division, one judge is elected by the people; the circuit judges for eight years, the judges of the supreme court of appeals for twelve years. A circuit judge holds circuit courts in the several counties composing his district. The judges of the circuits constituting a section, and the judge of the supreme court of appeals for that section, hold district courts in such section. The supreme court of appeals consists of the five judges elected in the sections, and three of whom may hold a court. Judges may be removed by the legislature.

A county court is held monthly in each county, by not less than three, nor more than five justices of the peace, except when the law requires a greater number. Each county is divided into districts, in each of which four justices are elected for four years. The justices so elected choose one of their own body as presiding justice of the county court.

In each county are elected, a clerk of the county court and a surveyor, for six years; an attorney for four years; a sheriff for two years: and constables and overseers of the poor as may be prescribed by law.

_Amendments._ The constitution does not provide for its amendment. The last two constitutions were framed by conventions authorized by acts of the legislature, and ratified by the electors.

North Carolina.

This state adopted a constitution in 1776, which was amended in 1835.

_Legislature._ A senate and a house of commons, called the _general assembly_. The senate consists of fifty members, chosen biennially, in single districts, which are laid off in proportion to the average amount of taxes paid by the citizens during the five years preceding. Senators must have resided within their respective districts a year, and possess not less than three hundred acres of land. The house of commons is composed of one hundred and twenty members, chosen biennially, and apportioned among the counties, according to population, three-fifths of the slaves being added to the number of free persons. They must have resided a year in the counties they represent, and possess one hundred and twenty acres of land.

Bills passed by both houses become laws without being presented to the governor.

_Executive._ A governor is elected every two years, and is eligible only four years in any term of six years. He must be thirty years of age; must have been a resident of the state five years, and must have in the state a freehold of the value of £1,000. No lieutenant-governor.

There is a council of seven persons to advise the governor; a secretary of state, and a treasurer, all chosen by joint vote of the two houses at each session, for two years; and an attorney-general for four years, unless for certain reasons the term shall be altered.

_Judiciary._ A supreme court, superior courts, courts of admiralty, and justices' courts. The judges are appointed by the general assembly, and hold during good behavior. Justices of the peace, within their respective counties, are recommended to the governor by the representatives of the general assembly. They are commissioned by the governor, and hold during good behavior.

_Electors._ White freemen, inhabitants of the state one year, who have paid taxes. Voters for senators are required also to own a freehold of fifty acres.

_Amendments._ A convention may be called by a majority of two-thirds of all the members of each house of the general assembly. Or, amendments may be proposed by majorities of three-fifths of all the members of both houses; and they take effect when agreed to by two-thirds majorities of the whole representation in the next assembly, and ratified by the qualified voters of the state.

South Carolina.

The first constitution of this state was formed in 1775; the present in 1790. Its principal amendments were made in 1808.

_Legislature._ A senate and a house of representatives, styled _general assembly_. The house consists of one hundred and twenty-four members, elected for two years in districts, and apportioned according to the number of white inhabitants and the amount of taxes paid therein. Residence in the state three years: and if a resident of the election district, a freehold of five hundred acres of land and ten negroes, or a real estate worth £150 sterling, clear of debt; if a non-resident of the district, a clear freehold of £500 sterling. Senators, forty-five, elected by districts, for four years, one-half every two years; each district, except one, having one senator. Age, thirty years, state residence, five years. If a resident in the district, a clear freehold of £300 sterling; if a non-resident, a freehold in the district of £1,000.

Bills passed by both houses are laws without being presented to the governor.

_Executive._ The governor and lieutenant-governor are chosen by the legislature for two years. Age, thirty years: state residence, ten years; a clear freehold in the state of £1,500 sterling. A governor is ineligible for the next four years.

Commissioners of the treasury, secretary of state, and surveyor-general, are elected by joint ballot of both houses for four years, and ineligible for the next four years.

_Judiciary._ Such superior and inferior courts of law and equity as the legislature may establish. The judges are appointed by the legislature during good behavior.

_Electors._ White male citizens, resident in the state two years, and owning a freehold of 50 acres of land, or a town lot, which he has owned six months; or, not having such freehold, or town lot, resident in the election district six months, and having paid a tax the preceding year of three shillings sterling.

_Amendments_ may be made by a convention called by two-thirds of all the members of both branches. Alterations may also be made by like majorities of two successive legislatures.

Georgia.

The first constitution was formed in 1777; the second in 1785; the present in 1798, and amended in 1839, and 1844.

_Legislature._ Senate and house, together styled _general assembly_. The members of both houses are elected biennially. Representatives are apportioned among the counties according to population, including three-fifths of the slaves. Age, twenty-one years; citizenship, seven years; state residence, three years; county, one year. Senators are elected in districts. Age, twenty-five years; citizenship, nine years; state residence, three years; district, one year.

Bills are passed against the veto by two-thirds majorities. Bills not returned by the governor within five days are laws, unless their return is prevented by adjournment.

_Executive._ The governor is elected for two years; must be thirty years of age; have been a citizen of the United States twelve years, of the state, six years. No lieutenant-governor.

Secretary of state, treasurer, and surveyor-general, are elected for two years.

_Judiciary._ A supreme court for the correction of errors, to consist of three judges chosen by the legislature for six years, one every two years; a superior court, whose judges are elected in their several circuits for four years; inferior courts, one in each county, consisting of five judges, elected by the people; courts held by justices of the peace elected for four years.

Sheriffs are elected for two years, but may not be twice elected in four years.

_Electors_, white male citizens and inhabitants of the state, having resided in the county six months, and paid all the taxes required of them, and which they had an opportunity of paying the preceding year.

_Amendments_ may be made by two successive legislatures, two-thirds of both houses concurring.

Florida.

This state was admitted into the union with its present constitution, by act of congress, March 3, 1845.

_Executive._ The governor is elected for four years, and is ineligible for the next term. Age, thirty years; citizenship; state residence five years. No lieutenant-governor.

A secretary of state, elected by the people for four years; a treasurer and a controller of public accounts for two years.

_Legislature._ A senate and a house of representatives, styled, the _general assembly_. Representatives are apportioned among the counties according to the number of free whites and three-fifths of the slaves; the number not to exceed sixty. They are elected biennially. Age, twenty-one; citizenship; state residence, two years; county, one year. Senators are elected in districts, at least one in each district, for four years, one-half every two years; the number to be not less than one-fourth, nor more than one-half of the number of representatives. Age, twenty-five years; other qualifications the same as those of representatives.

Bills become laws against the veto by majorities of all the members elected.

_Judiciary._ A supreme court, courts of chancery, circuit courts, and justices of the peace. The supreme court consists of three judges elected by the people for six years. The state is divided into four circuits, and a judge elected in each judicial circuit for six years, who presides in the courts held in his circuit. Justices of the peace for each county are appointed or elected, as the general assembly may direct.

An attorney-general is chosen by joint vote of the two houses, for four years.

_Electors._ White male citizens, residents of the state two years, of the county, six months; enrolled in the militia, unless by law exempted from serving. The general assembly is required to provide for registering the qualified electors of each county.

_Amendments._ A convention may be called by the general assembly, two-thirds of each house concurring. Alterations may be made by like majorities of two successive legislatures.

Alabama.

This state was admitted into the union in 1819, with its present constitution.

_Legislature_--called the _general assembly_. Representatives are apportioned among the counties according to the free white population; chosen biennially; must be twenty-one years of age, residents of the state two years, and of the county, city or town they represent, one year. Senators are chosen in single districts for four years, one-half of them every two years; must be twenty-seven years of age; residence the same as representatives. The number of representatives may not exceed one hundred; the number of senators may not exceed thirty-three.

Bills negotiated by the governor, may be passed by majorities of all the members elected. If not returned within five days, vetoed bills become laws unless their return is prevented by adjournment.

_Electors._ White male citizens, having resided in the state one year, in the county, city, or town, three months.

_Executive._ The governor is elected for two years, and eligible four years in any term of six years. He must be thirty years of age, a native citizen of the United States, and have been a resident of the state four years. No lieutenant-governor.

A secretary of state is chosen biennially, and a treasurer and a controller of public accounts are chosen annually, by joint vote of both houses.

_Judiciary._ A supreme court; circuit courts to be held in each county; and inferior courts of law and equity, to be established by the general assembly. Judges of the supreme court, and chancellors are chosen by the legislature for six years; judges of the circuit and inferior courts by the people for the same term. A competent number of justices of the peace, and a sheriff, are elected in each county.

An attorney-general for the state, and the requisite number of solicitors are elected by joint vote of the general assembly, for four years.

_Amendments_ are proposed by one legislature, approved by the electors at the next election for representatives, and ratified by the next legislature; two-thirds majorities being required in both cases.

Mississippi.

In 1817, this state was admitted into the union with a constitution adopted the same year. The present constitution was formed in 1832.

_Electors._ White male citizens, residents of the state one year, of the county, four months. An elector who happens to be in any county, city, or town, other than that of his residence, or who may have removed to any such place within four months preceding an election, may vote for such officers as he could have voted for in the county of his residence, or from which he removed.

_Legislature._ Representatives, not less than thirty-six, nor more than one hundred, are elected for two years in the several counties, among which they are apportioned according to the number of white inhabitants. They must have been residents of the state two years, one of the county. Senators, not less than one-fourth, nor more than one-third of the number of representatives, are elected by districts for four years. Age, thirty years; state residence, four years; district one year.

Bills are passed against the veto by two-thirds majorities. Bills must be returned within six days, or they become laws, unless their return is prevented by adjournment.

_Judiciary._ A high court of errors and appeals, consisting of three judges, one in each district, elected for six years; a circuit court to be held in each county at least twice a year, the judges to be elected in their respective judicial districts for four years; a superior court of chancery, the chancellor to be elected by the electors of the whole state for six years; a court of probate in each county, the judge to be elected for two years; a competent number of justices of the peace and constables, chosen in each county for two years. Other inferior courts may be established by the legislature.

An attorney-general is chosen by the electors of the state, and a competent number of district-attorneys in their respective districts. A sheriff and one or more coroners are elected in each county for two years.

_Executive._ The governor is elected for two years; must be thirty years of age; have been a citizen twenty years, a resident of the state five years; and may not hold the office more than four years in six. No lieutenant-governor.

A secretary of state, a treasurer, and an auditor of public accounts, are elected for two years.

_Amendments_ are proposed by two-thirds of both branches of the legislature, and ratified by the people at the next election.

Louisiana.

This state was admitted into the union in 1812, with a constitution formed the same year. In 1845, a second, and in 1852 the present constitution was adopted.

_Legislature_--styled _general assembly_. Representatives are apportioned among the several parishes, (corresponding to counties in other states,) and are elected for two years; the number not to exceed one hundred, nor to be less than seventy. Senators, in number thirty-two, are apportioned among the districts according to population, and are elected for four years, one-half every two years. Every qualified elector is eligible to a seat in either house.

Vetoed bills are passed by majorities of two-thirds of all the members. They become laws if not returned within ten days, unless their return is prevented by adjournment; in which case they will become laws if not sent back within three days after the commencement of the next session.

_Executive._ The governor is elected for four years, and is ineligible the next four. Age, twenty-eight years; citizenship, and residence in the state four years. A lieutenant-governor.

A secretary of state and a treasurer are elected by the electors, the former for four years, the latter for two years.

_Judiciary._ A supreme court and such inferior courts as the legislature may establish, and justices of the peace. The supreme court is composed of a chief-justice and four associate justices; the former elected by the electors of the state at large, the latter in their respective districts. They are elected for ten years, one of the five every two years. Judges of the inferior courts are elected in their respective parishes or districts. Justices of the peace are elected for two years by the electors in each parish, district, or ward.

An attorney-general and a requisite number of district-attorneys, are elected for four years; the former by the electors of the whole state, the latter in their respective districts.

A sheriff and a coroner are elected in each parish for two years.

_Electors._ White males, having been citizens two years, residents of the state one year, and of the parish six months. An elector removing from one parish to another, may vote in the former until he shall have become a voter in the latter.

_Amendments_ are proposed by two-thirds of all the members of each house, and ratified by a majority of the electors voting thereon at the next general election.

Texas.

Texas, formerly a part of Mexico, declared itself independent in 1835. By a joint resolution of congress, approved December 29, 1845, this independent republic was admitted as a state into the union.

_Electors._ White male citizens who have resided in the state one year, and the last six months in the district, city, or town in which they offer to vote. If an elector happens to be in any other county within his district, he may there vote for any district officer; and he may vote any where in the state for state officers.