USA > Tennessee > History of Tennessee, from its earliest discoveries and settlements to the end of the year 1894 > Part 20
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The duties of these Commissioners resemble in some respects those of Justices of the Peace as examining courts. They are re- quired by law to perform various duties, the principal of which are to assist the District and Circuit Courts in taking evidence to be used in the trial of causes, and arresting persons charged with offenses against the United States, and investigating the charges, and holding the accused for trial.
Any Judge of a State or of the United States or any Magistrate is authorized, by law, to arrest. imprison, or bail any person charged with an offense against the United States.
QUESTIONS.
What are the Federal Courts? What is the Supreme Court? Of how many judges does it consist? By whom are they ap- pointed, and for how long? What of their salaries? Jurisdic- tion? What is the Court of Claims? Of how many judges does
EXECUTIVE DEPARTMENT OF THE UNITED STATES.
it consist? What of their salaries? Jurisdiction? How is the United States divided? How many District Judge in a State? By whom and for how long is the District Judge appointed ? What is the jurisdiction? What of Circuit Courts? By whom and for how long are the Judges appointed? How are the Cir- cuit Courts held? What of the salaries? Jurisdiction of the Circuit Courts? What of appeals? £ Practice and pleadings? What are the officers, and what are their duties and salaries? Commissioners of Circuit Courts? Their duties?
CHAPTER XIII. -
EXECUTIVE DEPARTMENT OF THE UNITED STATES.
President and Vice-President .- The President is the chief execu- tive officer of the United States. He is called the Chief Magistrate of the nation. He is elected and holds his office for four years. At the same time and for the same period another officer is elected, called the Vice-President.
They are not voted for or elected directly by the people, but br a body of men called electors, in the following manner:
Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole nul- ber of Senators and Representatives to which the State may be entitled in Congress.
These electors choose the President and Vice-President. In case no person receive a majority of the votes cast by the electors. then the Constitution of the United States directs how the election shall take place.
In case of the death. resignation, or removal of the President. the Vice-President becomes the President; and, in case he dies while President, the Secretary of State is President.
No person except a natural born citizen of the United States shall be eligible to the office of President : neither shall any person Le eligible to that, office who shall not have attained the age of
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thirty-five years, and been fourteen years a resident within the United States.
The duties of the President and Vice-President are outlined in the Constitution.
They receive an annual salary, payable monthly.
President's Cabinet .- The Cabinet of the President consists of eight officers, each the head of a separate administrative depart- ment, appointed by the President, as follows, viz: The Secretary of State, who shall perform such duties as shall from time to time be enjoined on him by the President, relative to correspondence. negotiations with or instructions to public ministers or consuls from the United States, or to negotiations with public ministers from foreign States or Princes, or such other matters respecting foreign affairs as the President shall assign to his department : the Secretary of the Treasury, who superintends the financial affairs of the Government, and recommends to Congress such measures as he considers to be of advantage to the credit of the nation : the Secretary of War, who has charge of the military affairs of the nation -- it is his duty to attend to the construction of fortifica- tions, to direct surveys, to attend to the transportation of troope. to prescribe the kinds as well as the amount of supplies to be purchased for the army, to establish signal stations, and to har- supervision of the engineer, subsistence, ordnance, topographical. medical, and Quartermaster-General's bureaus, and the Adjutant- General's office; the Secretary of the Navy, who has charge of all naval affairs and of the bureaus that are naturally appurtenant thereto, such as navy yards, construction, etc .; the Secretary of the Interior, who has charge and supervision of the census, the public lands, the Indians, pensions, bounty lands, patents, and education; the Secretary of Agriculture, whose duty is to acquire and diffuse among the people useful information on subjects con- nected with agriculture; the Postmaster-General, who has the general control and supervision of all the post-offices in the United States, and of all postal arrangements, both in the United States and with foreign nations; and the Attorney-General, who is the
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EXECUTIVE DEPARTMENT OF THE UNITED STATES.
head of the Department of Justice, which includes the courts of the United States. He is the legal counsel for the President and other Government officers, and it is his duty to advise them and give them opinions on any subjects connected with their offices, when requested.
Department of State .-- Ambassadors and others Public Ministers are persons sent abroad to represent our Government in other countries. These representatives are of different grades, and are connected with the Department of State. A Secretary of Legation is the secretary or clerk to a foreign embassy.
Consuls are persons sent to foreign countries to watch over the interests of our commerce, and to protect the rights of seamen, and are under the supervision of the Secretary of State.
Treasury Department .- In the Treasury Department the work is performed by various bureaus, under control of the following officers, viz: First Comptroller, Second Comptroller. First Audi- tor, Second Auditor, Third Auditor, Fourth Auditor, Fifth Audi- tor, Sixth Auditor, Treasurer, Register, Commissioner of Customs. Comptroller of the Currency, Commissioner of Internal Revenue, Chief of the Bureau of Statistics, Director of the Mint, Chief of the Bureau of Engraving and Printing.
Duties of Officers .- The duties of the Comptrollers are to examine all accounts settled by the Auditors, to superintend the adjust- ment of the public accounts, to countersign all warrants drawn by the Secretary of the Treasury, War, or Navy, and authorized by law, and to superintendent the preservation of public accounts: of the Auditors are to receive, examine, and audit all accounts presented against the United States, and transmit the same to the Comptroller for his decision thereon; of the Register are to keep all accounts of the receipts and expenditures of the public money, and all debts due to or from the United States, and to receive and preserve all accounts which shall have been finally adjusted by the Comptroller and Commissioner of Customs; and of the commissioner of Customs are to examine all accounts
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settled by the First Auditor relating to the receipts from cus. toms.
The Comptroller of the Currency shall have supervision of the National Banks, and conduct the business of the currency bureau. The Comunissioner of Internal Revenue shall have general super- intendence of the assessment and collection of all duties and taxes imposed by any law providing for internal revenue. The Bureau of Statistics shall have charge of the collection, arrangement, and classification of such statistical information as may be procured. showing or tending to show each year the condition of the agri- culture, manufactures, domestic trade, currency, and banks of the several States and Territories. The Bureau of the Mint has under its control all mints for the manufacture of coin. The Bureau of Engraving and Printing has under its supervision the internal revenue stamps, the National Bank notes, and the notes, bonds, and securities of the United States.
Besides these the Supervising Architect, who has the general supervision of the construction of all United States buildings, is under the direction of the Treasury Department.
War Department .- The Secretary of War is assisted in the dis- charge of the duties of his office by the Adjutant-General, his chief assistant : the Quartermaster-General, who has charge of the military stores and supplies; the Commissary-General, who has charge of the subsistence department; the Paymaster-General, who superintend- the pay department of the army; the Surgeon- General, who has charge of the medical department; the Chief of Engineers, who has charge of the corps of army engineers; the Chief of Ordnance, who has charge of the ordnance supplies: the Chief Signal Officer, who has charge of all signal duty: and the Judge-Advocate General, who has charge of the bureau of military justice.
The Coast Survey, which has charge of the preparations of charts from surveys of the entire sea-coast of the United States, is under the direction of the War Department.
EXECUTIVE DEPARTMENT OF THE UNITED STATES.
Nicy Department .- The Navy Department contains the Bureau of Yards and Docks, which has charge of the construction of docks, piers, etc .: the Bureau of Equipment and Recruiting, which has charge of recruiting: the Bureau of Navigation, which has charge of the naval apprentices, the naval observatory, the naval signal office, etc .: the Bureau of Ordnance, which has charge of the ordnance stores: the Bureau of Medicine and Surgery, which has charge of the medical supplies and naval hospitals; the Bureau of Steam Engineering, in charge of the steam machinery. and the Bureau of Construction and Repair, in charge of planning, baild- ing, and repairing vessels.
Department of the Interior .- Its branches are: The Patent Office. the Commissioner of which has charge of the hearing and decid- ing cases relating to patents; the Pension Office, the Commissioner of which has charge of the granting of pensions: the Land Office, the Commissioner of which has charge of the various matters concerning the public lands: the Office of Indian Affairs. the Commissioner of which has the general superintendence of all Indian affairs: the Office of the Census. the Superintendent of which has charge of the census: and the Bureau of Educa- tion, the Commissioner of which has charge of collecting and distributing statistics in regard to education in the United States.
Postoffice Department .- The Assistants of the Postmaster-General are: The First Assistant Postmaster-General, who has the super- intendence of the appointment and removal of postmasters of a certain class: the Second Assistant Postmaster-General, who has supervision of letting contracts for carrying the mall, and the Third Assistant Postmaster-General. who has charge of the general financial business of the department.
Postmasters are divided into different classes. The highest elass are appointed by the President, others by the Postoffice Department.
General Remarks-In all these Cabinet departments a sufficient
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number of clerks are employed to assist in the transaction of' business:
The Army and Navy of the United States have numerous officers, all of whom receive their pay from the United State. treasury.
Many of the officers appointed by the President have to be con- firmed by the Senate.
There are many thousands of officers in the United States per- forming service under the different departments of the Govern- ment. It would require a large volume to describe minutely the grand system by which our Government is conducted.
QUESTIONS.
Who is the President? For how long does he hold his office? Who is the Vice-President? How are the President and Vice- President elected? In case of death, etc., who becomes Presi- dent? What are the qualifications of the President? What are the salaries of the President and Vice-President? What is the Cabinet? By whom appointed? Describe the duties of the Secretary of State: Secretary of the Treasury; Secretary of War: Secretary of the Navy; Secretary of the Interior; Secretary of Agriculture; Postmaster-General; Attorney-General; Ambassa- dors, etc .; Secretary of Legation ; Consuls; Comprollers; Auditors: Commissioners of Customs; Comptroller of the Currency; Com- missioner of Internal Revenue; Bureau of Statistics: Bureau of the Mint; Bureau of Engraving and Printing: Supervising Archi- tect; Adjutant-General: Quartermaster-General: Commissary- General; Paymaster-General; Surgeon-General: Chief of Engi- neers; Chief of Ordnance; Chief Signal Officer: Advocate-General. Coast Survey? What of the Bureau of Yards and Docks: Equip- ment and Recruiting: Navigation: Ordnance; Medicine and Surgery; Provisions and Clothing; Steam Engineering, and Construction and Repairs: Patent Office: Pension Office: Land Office; Indian Affairs: Office of the Census: Bureau of Educa- tion; Assistants Po-tmasters-General? How are Postinasters al --
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CONGRESS.
pointed? What confirms certain Presidenttial appointments? What of the army and navy?
DEBATE:
Rosolred, That the compensation of these executive officers is too much.
CHAPTER XIV.
CONGRESS.
Organization .- The law-making power of the United States is vested in the Senate and House of Representatives. These two bodies are known as Congress.
Each Congress lasts two years, and holds two sessions-a long one and a short one; but special sessions may be called by the President of the United States.
The Constitution of the United States defines the powers and the duties of Congress.
Congress is very similar to our State Legislature.
The President may veto any bill; but it can be passed over his veto, and become a law, if approved by two-thirds of both Houses.
Senate .- Each State is entitled to two Senators. They are elected by their respective State Legislatures, and hold office for six years.
In the original selection of Senators it was so arranged. and i- now so-continued, that one-third of the Senators go out every two years; that is, that whenever a new Congress meets two-thirds of the Senate are men who have previously served in that body. It is believed that this plan best preserves the dignity and usefulness of the Senate.
The Vice-President is reagirin President of the Senate. "
A Senator must be at least thirty years of age, a citizen of the State from which he is elected, and have been a citizen of the United States nine years preceding his election.
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House of Representatives .- The House of Representatives consists of members elected directly by the people. They hold office for two years.
The number of Representatives from any State is determined by its population, according to a regular apportionment, which is based upon the decennial census. Each State, however, is entitled to one Representative.
Each organized Territory is entitled to one Delegate, who may engage in debate. but not vote.
A representative must be at least twenty-five years of age, and must have been at least seven years a citizen of the United States. and an inhabitant of the State from which he is chosen.
All bills for raising revenue must originate in the House of Representatives.
The Senators and Representatives receive a compensation fixed by law, and paid out of the treasury of the United States.
QUESTIONS.
In what is the law-making power of the United States vested? What is Congress? What of the veto power? By what vote may a bill be passed over the President's veto? What is the Compensation of Senators and Representatives? How long does each Congress last? How may special sessions be called? To how many Senators is each Stato entitled? How are they elected? For how long do they hohl office? How is the election of Senators arranged? What are the qualifications of a Senator? How are Representatives elected? For how long do they hold office? How is the number of Representatives determined? What are their qualifications? What of Territorial representa- tion in the House of Representatives? What can Territorial Delegates not do? What of bills for raising revenue?
DEBATE.
Rrso'r. l. That United States Senators should be elected by pop- ular vote.
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REVENUE OF THE UNITED STATES. CHAPTER AV.
REVENUE OF THE UNITED STATES.
Sompex of Reranne-The Revenue of the United States is ob- tained principally from the Tariff and the Internal Revenue.
The Revenue thus collected is paid into the treasury of the United States, and is used for the purpose of paying the debts and expenses of the Government, and providing for the common defense and general welfare.
A vast sum of money is collected every year from these sources.
The Tariff .- The Tariff is a tax or duty imposed by law upon certain articles imported into this country from foreign coun- trics.
Collectors of Customs are stationed at the different ports of the United States, whose duty it is to collect the Tariff.
The Intena! Brenne-The Internal Revenue consists of taxes levied upon certain articles, and the manufacturers thereof, which are manufactured in the United States, the principal of which are whiskey and tobacco.
Collectors of Internal Revenue are located throughout the different States for the purpose of collecting the Internal Reve- que.
The officers who attend to the collection of the Internal Revenue are the Collectors, Gaugers, and Storekeepers.
QUESTIONS.
How is the Revenue of the United States obtained? What is done with the Revenue? What is the Tariff: Collectors of Cus- Ima: Internal Revenue: Collectors of Internal Revenue? What are Gaugers and Storekeepers?
DEBATE.
Rsr.d, That revenue should be collected by direct taxation.
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FREES MANUAL. CHAPTER XVI.
CRIMES AND PUNISHMENTS.
A knowledge of the criminal law is very essential to the peace. happiness, and prosperity of every government.
Every citizen should understand the nature of crimes and pun- ishment in order that he may avoid committing a crime.
A crime or misdemeanor is an act committed or omitted in violation of public law, either forbidding or commanding it. This general definition comprehends both crimes and misdemeanors, which. properly speaking, are mere synonymous terms; though, in common usage, the word "crimes" is made to denote such offenses as are of a deeper and more atrocious dye, while smaller faults and omissions of less consequence are comprised under the gentler name of misdemeanors only.
U'nder our statute offenses are either felonies or misdemeanors. Such offenses as are punishable with death or confinement in the penitentiary are felonies. All other offenses, whether at common law or made so by statute, are misdemeanors.
Felonies .-- Treason, which is levying war against the Govern- ment, or adhering to its enemies. giving them aid and comfort. and murder, which is the willful and malicious taking of human life, are classed as felonies by our statutes.
The punishment of these crimes is death or confinement in the penitentiary.
Manslaughter, which is taking life in sudden heat and passion : bigamy, which is the crime of marrying again when the offender has a living wife or husband undivorced; robbery, which is the feloniously taking of the personal property of another from his person or in his presence by violence, or putting him in fear: burglary, which is the breaking into a dwelling-house in the night time with the intention of committing a felony; maiming, which is unlawfully putting out an eye. or cutting or biting off or slit- ting the tongue, nose, car, or lips, or cutting or biting of any other limb or member of another person; arson, which is the
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CRIMES AND PUNISHMENTS.
malicious and willful burning or attempting to burn any house : perjury and false swearing, which is willfully swearing to that which is false in some judicial proceeding: subordination of per- jury, which is unlawfully and corruptly causing or procuring another to commit these offenses; forgery, which is the fraudulent making or alteration of a writing to the prejudice of another man's right: counterfeiting, which is the making or imitations of the true money or currency of the State or Government without lawful authority, with a view to defraud by passing the imita- tions for the true currency or money; grand larceny, which is the felonious taking and carrying away of the personal goods of another, where the property stolen is worth ten dollars or more: embezzlement, which is for one person willfully and fraudulently to convert the property of another person to his own use, are also felonies, the punishment for which is confinement in the peniten- tiary for a term of years corresponding to the gravity of the crime.
Of other felonies the following may be named: Willfully and maliciously shooting or stabbing another with intention to kill, or maliciously attempting to poison another, when death does not ensue; willfully stabbing, striking, or shooting another, not in- tending to produce death. whereby the person so injured shall die; attempting to commit robbery ; having burglar's tools in pos- session with intent to use them burglariously ; knowingly sending a treatening letter to another with the intention to extort money or other property; breaking into any house with intent to steal or destroy property ; unlawfully arresting or imprisoning another. or transporting him against his will beyond the bounds of this State, or aiding or abetting any one to do the same; unlawfully collecting or receiving money or other property from another. under the pretext of acting under any civil or military authority of this State or the United States; pretending to act under aly civil or military authority of this State or the United States, andi unlawfully, by force or threats, prevent another from exercising his lawful trade or calling, or from the free import or export of
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any article of produce or merchandise, the import or export of which is not prohibited by law, or requiring any license other than that imposed by law for the doing of any such acts; kno: - ingly having counterfeit money in possession with the intention of passing the same: attempting to destroy a steamboat, vessel. or other water-craft: knowingly receiving stolen goods of the value of ten dollars or more: fraudulently destroying or concealing a will: obtaining money or property by false pretenses: marrying another, becoming bail for any party, confessing any judgment. acknowledging the conveyance of any instrument, which by law may be recorded, or doing any other act, in another's name. whereby the person so personated becomes liable or may become liable for debt, damages, or money; defacing or cutting down a corner stone to the survey of any tract of land; tearing up a rail- road track or placing an obstruction thereon (if death is caused thereby, it is murder); voluntarily suffering a prisoner to escape. guilty of felony, by any officer having him in his custody; assist- ing a prisoner to escape, if the prisoner is charged with felony. The punishment for all these crimes is confinement in the peni- tentiary.
Any school trustee willfully making any false report, required by law to be reported, or any notary public, falsely stating inany protest made by him that notices were given or sent by him, shall be deemed guilty of false swearing, and confined in the peniten- tiary.
A person in jail convicted of felony. if he escapes, shall be con- fined in the penitentiary one year for the offense.
Misdemeanors .- Petit larceny, which is the felonious taking and carrying away of the personal goods of another, where the prop- erty is of less value than ten dollars: knowingly receiving stolen goods of less value than ten dollars: unlawfully shooting and wounding, or shooting at without wounding, another: enticing any person to abandon any contract for labor: voluntarily suffer- ing a prisoner guilty of a misdemeanor to escape by any officer having him in custody: assisting a prisoner to escape if the
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CRIMES AND PUNISHMENTS.
prisoner is charged with misdemeanor: disturbing religious wor- ship: swearing profanely or being drunk: violating the Sabbath day by doing work or business; killing, disfiguring, or maiming any stock not his own: being guilty of riot, rout, or breach of the peace; fighting a duel or sending a challenge; racing on the high- way; injuring or defacing property of any kind; carrying con- cealed a deadly weapon; unlawfully shooting in a town or city: salling liquor without license, or to a minor, or to any known inebriate. and gaming. are the principal misdemeanors defined in our statutes. The punishment for a misdemeanor is fine or im- prisonment in jail, or both.
Crimes Against the United States .- These are principally as fol- lows, viz:
Treason, which has already been defined.
Violating the pension laws, such as fraudulently obtaining or fraudulently assisting any one to obtain a pension, or for an attorney or agent to charge an applicant for obtaining a pension a larger sum than is allowed by law, etc.
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