CHAPTER XXII.

DEPARTMENTS OF GOVERNMENT.

1. THE powers of government are divided into three distinct departments: 1. The legislative; 2. The judiciary; 3. The executive.

2. All the States in the Union agree in dividing the Government into three separate and distinct departments: the power that makes the laws, or the legislative power; the power that applies the law to each particular state of facts proved, or the judiciary power; the power that executes the law, or the executive power. This is equally true of the national government. No power belonging to one of these departments can be exercised by either of the other departments, except in cases expressly authorized by the constitution.

CHAPTER XXIII.

ELECTIVE FRANCHISE.

Ir will be seen by what follows that only about onesixth of the population of the several States are entitled to exercise the elective franchise. The provisions of the several constitutions agree in most of the following points:

1. Into how many classes are the powers of government divided? What are they?

2. In what do all the States in the Union agree? What is the power that makes the laws called? What is the power that applies the laws called? What is the power that executes the laws called? Are the powers of the national government divided into departments? Can one department exercise the powers belonging to either of the others?

CH. 23. What proportion of the population of the several States are en

1. No person under the age of twenty-one years is allowed to vote. 2. None but males are allowed to vote. 3. None but residents of the State are allowed to vote. 4. None but citizens are allowed to vote. 5. Some States require a residence of one year in the State, and six months in the county where the elector claims to vote; and other States require but three months' residence in the county. 6. Some States require the elector to possess a freehold estate, or to have performed military duty or paid a State tax. 7. Some States require the elector to possess a good moral character, and to take an oath prescribed for electors. 8. Most of the States exclude from the right of suffrage persons convicted of infamous crimes. 9. Paupers, persons under guardianship, and Indians not taxed, are generally excluded. 10. Free negroes, in some States, are allowed to vote on an equality with white citizens. In other States, where no property qualification is required of free white male citizens, they are required to have a freehold of two hundred and fifty dollars over and above all debts and encumbrances charged thereon, and to have paid a tax thereon; and in other States no free negro, mulatto, or person of mixed blood, descended from negro ancestors to the fourth generation, inclusive, are allowed the right of suffrage. 11. Electors are generally privileged from arrest in going to, remaining at, and returning from the place of voting, except in cases of treason, felony, or breach of the peace.

titled to exercise the elective franchise? How old must a person be to be entitled to vote? Are women and children allowed to vote? Where must the elector reside? Are foreigners allowed to vote? How long a residence do the States require before a person is entitled to vote? What property qualification do some States require? Is character a test of qualification in any of the States? If a person has been convicted of an infamous crime, is he allowed to vote? What is the general rule of law as to paupers, and Indians not taxed? What is the rule as to free negroes. and mulattoes? When are electors privileged from arrest?

CHAPTER XXIV.

THE LEGISLATURE.

1. THE power in the government that makes the laws is called the Legislature. It is composed of two distinct branches. The names generally applied to these two branches are: 1. The Senate; 2. The House of Representatives. In some of the States they are called the Senate and Assembly. In the national government they are called the Senate and House of Representatives. The legislative bodies in the States are called Legislatures. The legislative body of the nation is called Congress. The legislative body of the government of Great Britain is called Parliament. It is composed of two distinct branches: 1. A House of Lords; 2. A House of Commons. The House of Representatives in the States and in the nation is the most numerous branch of the Legislature or of Congress. The senators in most of the States are elected for a longer time than the representatives. In New York there are thirty-two senators elected for two years. There are one hundred and twenty-eight representatives elected for one year. The pay of each is equal. They are entitled to three dollars per day, not to exceed one hundred days. The several States differ in the number and proportion of members of each house, and in the amount received for their services.

1. What is the legislative power in the government? Of what composed? What are the names generally applied to these two branches? What are they called in some of the States? What is the legislative body in the nation called? What is the legislative body in Great Britain called? Of what is it composed? Which is the larger in the States, the House of Representatives or the Senate? Which are elected for the longer time? How many senators in New York? How many representa tives? For what time are each elected? What is their compensation? Have the States the same or different numbers of members of the Senate and House of Representatives?

2. Members of the House of Representatives, both State and national, are elected by the direct vote of the people. Members of the State Senates are elected by the direct vote of the people. Members of the national Senate are elected by the legislatures of the several States, in joint ballot of the State Senate and House of Representatives. Members of the State legislatures must be twenty-one years of age, and otherwise qualified to vote. Representatives in Congress must be twenty-five years of age, and senators must be thirty. They receive three thousand dollars per annum.

CHAPTER XXV.

THE JUDICIARY.

1. THE second branch of government is the judiciary. The business of the judiciary is to preside in court over the investigation of all controversies in law for the settlement of claims or the punishment of crimes; to instruct the jury on points of law applicable to the case under investigation before them; and to pronounce sentence upon all criminals when found guilty by the jury.

2. The judicial powers of the States and of the nation are vested in courts of various grades. The Supreme Court of the United States is the highest court in the nation. The Court of Appeals is the highest court in the State of New York. There are courts of inferior grades: the Supreme

2. How are members of the House of Representatives elected? How are members of the State Senate elected? How are members of the United States Senate elected? What are the qualifications of members of the State legislatures? What are the qualifications of members of the national House of Representatives? What are the qualifications of senators in Congress? What is the pay of members of Congress?

1. What is the second branch of government? What is the business of the judiciary?

2. In what are the judicial powers of the State and nation vested { Which is the highest court of the nation? Which is the highest cou.

Court of the State, the Superior Court, the Court of Common Pleas, County Courts, Justices' Courts.

3. The judges of the United States courts are appointed by the president, with the consent of the Senate. They hold their office during good behavior. In most of the States, the judges are elected by the people for a limited period of time.

4. The judicial powers of the national government extend: 1. To all cases in law and equity arising under the constitution and laws of the United States and treaties with foreign countries; 2. To all cases affecting ambassadors and other public ministers and consuls; 3. To all cases of admiralty and maritime jurisdiction; 4. To controversies to which the United States shall be a party; 5. To controversies between two or more States; 6. To controversies between a State and citizens of another State; 7. To controversies between citizens of different States; 8. To controversies between citizens of the same State claiming lands under grants of different States; 9. To controversies between a State or the citizens thereof and foreign States, citizens, and subjects.

5. The judicial powers of the State governments extend to all cases, both in law and equity, arising under the constitution and laws of the State.

of the State of New York? Which are the State courts of inferior grades?

3. How are the judges of the United States courts appointed? For what time do they hold office? What is the mode of selecting judges in most of the States? For what time do they hold their office?

4. If an action arises under the constitution or laws of the United States, or treaties with foreign countries, in what court must it be prosecuted? If it affects ambassadors and other public ministers and consuls! If it is a case of admiralty and maritime jurisdiction? If the United States is a party? If the action be between two States? If between a State and a citizen of another State? If between citizens of different States? If between citizens of the same State claiming lands under grants of different States? If between a State or citizen thereof and a foreign State, citizen, or subject?

5. To what do the judicial powers of the State extend?