which persons vote at an election. To ballot signifies voting by ballot, i. e. by, ball, or ticket. Formerly, voting was altogether viva voce, that is, by the voice,the elector designating by name the person voted for; now, elections are generally made by ballot. The name of the person voted for is written on a ticket, and depo. sited in a box.

42. QUORUM,-is such a number of any body as is necessary to do business. Thus, when it is said there shall be eleven directors of any institution, and seven shall constitute a quorum, seven is the number necessary to do business; and unless the contrary is expressed, a majority of a quorum only is necessary to a decision. Hence it often happens, that less than a majority of the whole decide important questions.

43. MAJORITY AND MINORITY.-A majority is any number greater than one half, and a minority is any number less than one half. One half, then, neither constitutes a majority nor minority; and, if a public body were so constituted, as to have an even number, with equal division of opinion, and no chairman, there never could be a majority, and consequently, no positive action. This has been the case in some public bodies, and is always attended with difficulty.

44. A PLURALITY,-is to have more than another number, though not always to have a majority of all the given numbers. Thus, when there are several candidates at an election, one may have a plurality, though not a majority; for he may have more votes than any one, though not more than all put together.

45. INDICTMENT.-An indictment is a written accusation of one or more persons, of a crime or misdemeanor, preferred to, and presented upon oath, by a grand jury.a

46. A GRAND JURY,-is a number of men not less than twelve, nor more than twenty-three, selected from the people in the body of the county, to enquire into of

fences against the states. They are instructed by the court in the matters pertaining to their enquiries, and then withdraw to receive indictments, which are preferred to them, in the name of the state, but at the suit of a private prosecutor. After an examination, such of the bills as are found correct, are endorsed "A true Bill,' signed by the foreman; and hence becomes an official accusation, to be rebutted only, by proof at the trial.

47. TAXES.-All contributions imposed by the government upon individuals, for the service of the state, are called taxes, by whatever name known.3 Thus, the tithes imposed upon the people of England for the support of church government is a tax; so also imposts, duties, excises, &c., are taxes.

48. A LEGAL TENDER,-is the tender of such an article as the law requires to be made, in payment of a debt. In the United States, gold and silver coin is the legal tender; and the states are forbid making anything else a tender; but it is not so in many countries, nor has it always been so in this.

14 Blackst. 302. 84 Blackst. 302.

3

*2 Story's Comm. 419.

CHAPTER I

RIGIN OF THE CONSTITUTION OF THE UNITED STATES.

1. THE continent of North America was chiefly settled by emigrants from Great Britain. The jurisdiction over the new region, as well as the title to its lands, was claimed by the mother country, under the color of discovery and conquest. Hence, to acquire the right of property, as well as to sustain themselves against oppo sition, the authority of Great Britain became necessary to the early colonists. This was given in the form of grants and charters, to companies and large proprietors. Such was the grant of the territory of Massachusetts to the Plymouth Company, and of Maryland to Lord Balti

more.1

2. There were originally three different forms of government in the colonies, viz.-The Charter, the Proprietary, and Royal Governments. The Charter Governments were confined to New-England; the middle and southern colonies were divided between the Proprietary and Royal Governments.

3. The Charter Governments were composed of a Governor, Deputy-governor, and Assistants, elected by the people; these, with the freemen, i. e. citizens of the colony, were to compose the "General Courts," which were authorized to appoint such officers, and make such laws and ordinances for the welfare of the colony as to them might seem meet. These first forms of government in New-England contained the same principles as, and were doubtless the origin of, our republican system.

1 Pitkin's Civil History, p. 31. * Idem. p. 36.

4. The Proprietary! governments were those of Maryland, Pennsylvania, the Carolinas, and Jersey. Part of these soon became royal governments. In the proprietary governments, the power of appointing officers and making laws rested in the proprietors, by the advice and assent, generally, of the freemen. In some of them, as in the Carolinas, singular irregularities were found. In all, great confusion took place.

5. In the royal governments, which were NewYork, Virginia, Georgia, and Delaware, the Governor and Council were appointed by the crown; and the people elected representatives to the colonial legislature. The Governor had a negative in both houses of the legisla ture; and most of the officers were appointed by the king.

6. These different governments, operating also upon a people of different habits and manners, as the Puritans of New-England, the Cavaliers of Virginia, and the Quakers of Pennsylvania, produced many diversities of legislation and political character. Notwithstanding these, however, the necessities of a common danger from hostile tribes of Indians, and of a common interest from similarity of circumstances, soon induced a union, or confederacy of the colonies. Those of Massachusetts, Plymouth, Connecticut, and New-Haven, as early as 1643, formed a league, offensive and defensive, which they declared should be perpetual, and distinguished by the name of the United Colonies of New-England. This confederacy subsisted for forty years, under a regular form of government, in which the principle of a delegated congress was the prominent feature.

7. A congress of commissioners, representing NewHampshire, Massachusetts, Rhode Island, Connecticut New-York, Pennsylvania, and Maryland, was held a Albany, in 1754. This convention3 unanimously re * Idem. p. 71.

1 Pitkin's Civil History, p. 55. Kent's Comm. p. 191, 192.

solved, that a union of the colonies was absolutely ne cessary for their preservation. They proposed a general plan of federal government, which, however, was not adopted.

8. In October, 1765, a congress' of delegates from nine states assembled at New-York, and digested a bill of rights on the subject of taxation.

9. In September, 1774, an association of twelve states was formed, and delegates authorized to meet and consult for the common welfare.

10. In May, 1775, the first congress of the thirteen states assembled at Philadelphia; and in July, 1776, issued the Declaration of Independence.

§ 11. In November, 1777, Congress agreed upon the celebrated Articles of Confederation, under which the United States successfully terminated the Revolution. This was the first formation of a general government of all the states, and continued till the adoption of the Constitution in 1788. This, however, had inherent defects, which forced the states to the adoption of the present system. During the Revolution, the pressure of an instant and common danger kept the states in a close union, and incited them to make all possible efforts in the com mon defence. When that was over, however, mutual jealousies and separate interests, weakening the common bonds, soon proved the utter insufficiency of a mere confederacy for the purposes of national government. Then it was that the ablest heads and the purest hearts in the nation exercised their faculties in devising a new and better form of government. General Washington, in June, 1783, addressed a letters to the governors of the several states, in which he says, "There are four things which I humbly conceive are essential to the wellbeing, I may even venture to say, to the existence of the United States as an independent power. 1. An indis

1 Kent's Comm. p. 193.

Marshall's Life of Washington, vol. 5, c. 1. p. 46.

* Idem. 195.