(On the appellate jurisdiction, cf. 352 a and 372. Section 25 of the
Judiciary Act of 1789, still in force, defines that jurisdiction as follows :
" And be it further enacted, That a final judgment or decree in any
suit, in the highest court of law or equity of a State in which a decision
in the suit could be had, when is drawn in question the validity of a
treaty or statute of, or an authority exercised under, the United States,
and the decision is against their validity ; or when is drawn in question
1 Limited by the Eleventh Amendment to cases begun by a State.
APPENDIX I 11
the validity of a statute of, or an authority exercised under, any State, on
the ground of their being repugnant to the Constitution, treaties, or laws
of the United States, and the decision is in favor of such their validity ;
or when is drawn in question the construction of any clause of the Con
stitution, or of a treaty, or statute of, or commission held under, the
United States, and the decision is against the title, right, privilege, or
exemption, specially set up or claimed . . . under such clause of the said
Constitution, treaty, statute, or commission, may be re-examined, and
revised or affirmed in the Supreme Court of the United States upon a
writ of error . . ."
The "inferior courts" at present (1918) are, from the bottom up:
1. District Courts. Over ninety. The law of 1789 provided for
2. Circuit Courts. Nine, each three justices. The first law, 1789,
provided three circuit courts, but no special circuit judges ; a circuit court
then consisted of a justice of the Supreme Court " or circuit " and one or
more judges of district courts included within the circuit. This remained
the rale with a brief attempt at change in 1801 ( 421), until 1866, when
separate circuit justices were provided.
3. Circuit Courts of Appeals. One for each of the nine circuits, com
posed of a justice of the Supreme Court and of other Federal judges
not less than three in all, and not including any justice from whose deci
sion the appeal is taken. This order of courts was instituted in 1891, to
relieve the Supreme Court which was then hopelessly overburdened with
appeals from lower courts. In most cases the decision of a circuit court
of appeals is final.
4. The Supreme Court. One Chief Justice and eight Associate Jus
tices. Its business now is confined very largely to those supremely impor
tant matters specified in the Constitution and in the law of 1789 quoted
There are also two special courts, somewhat outside this system : (1)
the Federal Court of Claims, to determine money claims against the
United States, established in 1855 ; (2) Court of Customs Appeals, estab
lished in 1909.)
Section i. Full Faith and Credit shall be given in each State to the
public Acts, Records, and judicial Proceedings of every other State.
And the Congress may by general Laws prescribe the Manner in which
such Acts, Records and Proceedings shall be proved, and the Effect
12 APPENDIX I
Section 2. The Citizens of each State shall be entitled to all Privi
leges and immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime,
who shall flee from Justice, and be found in another State, shall on
Demand of the executive Authority of the State from which he fled, be
delivered up, to be removed to the State having Jurisdiction of the
[No Person held to Service or Labour in one State, under the Laws
thereof, escaping into another, shall, hi Consequence of any Law or
Regulation therein, be discharged from such Service or Labour, but
shall be delivered up on Claim of the Party to whom such Service or
Labour may be due.] l
Section 3. New States may be admitted by the Congress into this
Union ; but no new State shall be formed or erected within the Juris
diction of any other State ; nor any State be formed by the Junction of
two or more States, or Parts of States, without the Consent of the Legis
latures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful
Rules and Regulations respecting the Territory or other Property
belonging to the United States ; and nothing in this Constitution shall
be so construed as to Prejudice any Claims of the United States, or of
any particular State.
Section 4. The United States shall guarantee to every State in
this Union a Republican Form of Government, and shall protect each
of them against Invasion ; and on Application of the Legislature, or of
the Executive (when the Legislature cannot be convened) against
The Congress, whenever two thirds of both Houses shall deem it
necessary, shall propose Amendments to this Constitution, or, on the
Application of the Legislatures of two thirds of the several States, shall
call a Convention for proposing Amendments, which, in either Case,
shall be valid to all Intents and Purposes, as Part of this Constitution,
when ratified by the Legislatures of three fourths of the several States,
or by Conventions in three fourths thereof, as the one or the other
Mode of Ratification may be proposed by the Congress ; Provided [that
no Amendment which may be made prior to the Year One thousand
eight hundred and eight shall in any Manner affect the first and fourth
Clauses in the Ninth Section of the first Article ; and] that no State, with
out its Consent, shall be deprived of its equal Suffrage in the Senate.
1 Superseded, so far as slaves are meant, by the Thirteenth Amendment.
APPENDIX I 13
All Debts contracted and Engagements entered into, before the
Adoption of this Constitution, shall be as valid against the United
States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be
made in Pursuance thereof ; and all Treaties made, or which shall be
made, under the Authority of the United States, shall be the supreme
Law of the Land ; and the Judges hi every State shall be bound thereby,
any Thing in the Constitution or Laws of any State to the Contrary
The Senators and Representatives before mentioned, and the Mem
bers of the several State Legislatures, and all executive and judicial
Officers, both of the United States and of the several States, shall be
bound by Oath or Affirmation, to support this Constitution; but no
religious Test shall ever be required as a Qualification to any Office or
public Trust under the United States.
The Ratification of the Conventions of nine States, shall be sufficient
for the Establishment of this Constitution between the States so ratify
ing the Same.
Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press ; or the right of the people peaceably to assemble,
and to petition the Government for a redress of grievances.
A well regulated Militia, being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not be
No Soldier shall, hi time of peace be quartered hi any house, with
out the consent of the Owner, nor hi time of war, but hi a manner to
be prescribed by Law.
1 Originally, the first twelve amendments were not numbered in the official
14 APPENDIX I
The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause, sup
ported by Oath or affirmation, and particularly describing the place to
be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infa
mous crime, unless on a presentment or indictment of a Grand Jury
except hi cases arising hi the land or naval forces, or in the Militia,
when in actual service in time of War or public danger ; nor shall any
person be subject for the same offence to be twice put in jeopardy of
life or limb ; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without
due process of law ; nor shall private property be taken for public use,
without just compensation.
In all criminal prosecutions the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature
and cause of the accusation ; to be confronted with the witnesses against
him ; to have compulsory process for obtaining witnesses in his favor,
and to have the Assistance of Counsel for his defence.
In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no fact
tried by a jury shall be otherwise re-examined in any Court of the United
States, than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
APPENDIX I 15
The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively
or to the people.
The Judicial power of the United States shall not be construed to
extend to any suit in law or equity, commenced or prosecuted against
one of the United States by Citizens of another State, or by Citizens
or Subjects of any Foreign State.
The Electors shall meet in their respective States, and vote by ballot
for President and Vice President, one of whom, at least, shall not be an
inhabitant of the same State with themselves ; they shall name in their
ballots the person voted for as President, and in distinct ballots the
person voted for as Vice President, and they shall make distinct lists
of all persons voted for as President, and of all persons voted for as
Vice President, and of the number of votes for each, which lists they
shall sign and certify, and transmit sealed to the seat of the government
of the United States, directed to the President of the Senate ; The
President of the Senate shall, in the presence of the Senate and House
of Representatives, open all the certificates and the votes shall then be
counted ; The person having the greatest number of votes for Presi
dent, shall be the President, if such number be a majority of the whole
number of Electors appointed ; and if no person have such majority,
then from the persons having the highest numbers not exceeding three
on the list of those voted for as President, the House of Representatives
shall choose immediately, by ballot, the President. But in choosing the
President, the votes shall be taken by States, the representation from
each State having one vote ; a quorum for this purpose shall consist of a
member or members from two-thirds of the States, and a majority of
all the States shall be necessary to a choice. And if the House of
Representatives shall not choose a President whenever the right of
choice shall devolve upon them, before the fourth day of March next
following, then the Vice President shall act as President, as in the case
of the death or other constitutional disability of the President. The
person having the greatest number of votes as Vice President, shall be
the Vice President, if such number be a majority of the whole number of
1 These first ten amendments were in force after November 3, 1791.
16 APPENDIX I
Electors appointed, and if no person have a majority, then from the two
highest numbers on the list, the Senate shall choose the Vice President ;
a quorum for the purpose shall consist of two-thirds of the whole number
of Senators, and a majority of the whole number shall be necessary to a
choice. But no person constitutionally ineligible to the office of Presi
dent shall be eligible to that of Vice President of the United States.
Section i. Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly convicted,
shall exist within the United States, or any place subject to their juris
Section 2. Congress shall have power to enforce this article by
Section i. All persons born or naturalized hi the United States, and
subject to the jurisdiction thereof, are citizens of the United States
and of the State wherein they reside. No State shall make or enforce
any law which shall abridge the privileges or immunities of citizens
of the United States : nor shall any State deprive any person of life,
liberty, or property, without due process of law ; nor deny to any person
within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several
States according to their respective numbers, counting the whole num
ber of persons in each State, excluding Indians not taxed. But when
the right to vote at any election for the choice of electors for President
and Vice President of the United States, Representatives hi Congress,
the Executive and Judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants of such
State, being twenty one years of age, and citizens of the United States,
or in any way abridged, except for participation hi rebellion, or other
crime, the basis of representation therein shall be reduced in the pro
portion which the number of such male citizens shall bear to the whole
number of male citizens twenty one years of age in such State.
Section 3. No person shall be a Senator or Representative in
Congress, or elector of President and Vice President, or hold any office,
civil or military, under the United States, or under any State, who,
having previously taken an oath, as a member of Congress, or as an
officer of the United States, or as a member of any State legislature, or
as an executive or judicial officer of any State, to support the Constitu-
APPENDIX I 17
tion of the United States, shall have engaged in insurrection or rebellion
against the same, or given aid or comfort to the enemies thereof. But
Congress may by a vote of two-thirds of each House, remove such
Section 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions
and bounties for services in suppressing insurrection or rebellion, shall
not be questioned. But neither the United States nor any State shall
assume or pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss or emanci
pation of any slave ; but all such debts, obligations and claims shall be
held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate
legislation, the provisions of this article.
Section i. The right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any State on
account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article
by appropriate legislation.
The Congress shall have power to lay and collect taxes on incomes,
from whatever source derived, without apportionment among the States,
and without regard to any census or enumeration.
The Senate of the United States shall be composed of two Senators
from each State, elected by the people thereof for six years ; and each
Senator shall have one vote. The electors in each State shall have
the qualifications requisite for electors of the most numerous branch
of the State Legislatures.
When vacancies happen in the representation of any State in the
Senate, the executive authority of such State shall issue writs of elec
tion to fill such vacancies : Provided, that the Legislature of any State
may empower the executive thereof to make temporary appointments
until the people fill the vacancies by election as the legislature may
i Proclaimed in force, 1913.
18 APPENDIX I
Section i. After one year from the ratification of this article the
manufacture, sale, or transportation of intoxicating liquors within, the
importation thereof into, or the exportation thereof from the United
States and all territory subject to the jurisdiction thereof, for beverage
purposes, is hereby prohibited.
Section 2. The Congress and the several states shall have concur
rent power to enforce this article by appropriate legislation.
Section 3. This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the Legislatures of the
several States as provided in the Constitution within seven years from
the date of the submission hereof to the States by the Congress.
A SELECT LIBRARY ON AMERICAN HISTORY
(No books on the World War, now in progress, are listed. Every library
however should have the publications of the Committee of Public Information
printed for free distribution by the Government Printing Office at Washington.
Several of these are especially referred to in notes in the final chapter of this
Adams (Brooks). Emancipation of Massachusetts (an anti-Puritan account
of the overthrow of Puritan theocracy). Houghton. $ 1.50.
Adams (Henry). History of the United States in the Administration of
Jefferson. (This is part of a larger work continuing the story to 1824.
In all there are nine volumes. Volumes I and II ($ 2.00 each) may profit
ably be used by students.) Scribner.
Adams and Sumner. Labor Problems. Macmillan. $1.50.
Andrews (C. M.). Colonial Self-government. (American Nation Series.)
The Colonial Period. (Home University Library.) Holt. $ .50.
Babcock(K. C.). Rise of American Nationality. (American Nation Series.)
Harpers. $ 2.00.
BassettQ. S.). The Federalist System. (American Nation.) Harpers. $2.00.
A Short History of the United States. Macmillan. $ 2.50.
Becker (Carl L.). Beginnings of the American People (vol. I of the Riverside
History of the United States). Houghton. $ 1.25.
Bourne (E. G.). Spain in America. (American Nation.) Harpers. $2.00.
Bradford (William) . History of Plymouth Plantation. (Original Narrative
Series.) Scribner. $ 3.00.
Brown (W.G.). Andrew Jackson. Houghton. $.50.
Bryce (James). The American Commonwealth. 2 vols. Macmillan. $ 4.00.
Channing (Edward). The Jeffersonian System. (American Nation Series.)
Harpers. $ 2.00.
History of the United States. (Three volumes ready, through the Revo
lution.) Macmillan. $ 2.50 a volume.
Dewey (Davis Rich). National Problems. (American Nation.) Harpers. $2.00.
Dodd (Wm. E.). Expansion and Conflict (vol. Ill of the Riverside History of
the United States). Houghton. $1.25. (The best brief treatment of the
period from Jackson to Lincoln.)
20 APPENDIX II
Dodge (T. A.)- Bird's-eye View of our Civil War. Houghton. $1.00.
Dunn (J. P.). Indiana. (American Commonwealths.) Houghton. $1.50.
Dunning (W. A.) . Reconstruction, 1865-1877. (American Nation.) Harpers.
Earle (Alice Morse) . Customs and Fashions in Old New England. Houghton.
Eggleston (Edward). Beginners of a Nation. Appleton. $2.00.
Eggleston (G. C.) A Rebel's Recollections. Putnam. $1.00.
Farrand (Max), editor. Records of the Federal Convention of 1787. 3 vols.
Yale University Press. $ 15.00.
Fish (C. R.). American Diplomacy (to 1915). Holt. $ 2.75.
Fiske (John). Discovery of America. 2 vols. Houghton. $4.00.
Old Virginia and her Neighbors. 2 vols. Houghton. $4.00.
American Revolution. 2 vols. Houghton. $4.00.
- The Critical Period. Houghton. $2.00.
Garrison (G. P.). Westward Extension. (American Nation.) Harpers. $2.00.
Greene (E.B.). Provincial America. (American Nation.) Harpers. $2.00.
Hart (A. B.). Salmon P. Chase. (American Statesman.) Houghton. $1.50.
Haworth (P. L.). Reconstruction and Union. (Home University Library.)
Hosmer (James K.). Samuel Adams. (American Statesman.) Houghton. $1.50.
Howard (G. E.) . Preliminaries of the Revolution. (American Nation Series.)
Harpers. $ 2.00.
Johnson (Tom L.). My Story. Huebsch. $2.00.
LaFollette (R. M.). Personal Narrative of Political Experiences. Doubleday.
Lee (Robert E.). Recollections and Letters of General Robert E. Lee.
Lodge (Henry Cabot). George Washington. (American Statesman Series.)
2 vols. Houghton. $3.00.
Alexander Hamilton. (American Statesman Series.) Houghton. $1.50.
Daniel Webster. (American Statesman Series.) Houghton. $1.50.
McDonald (William). Select Documents illustrative of the History of the
United States, 177&-1861. Macmillan. $ 1.50.
Jacksonian Democracy. (American Nation Series.) Harpers. $ 2.00.
From Jefferson to Lincoln. (Home University.) Holt. $ .50.
McLaughlin ( Andrew C.). Confederation and Constitution. (American Nation
Series.) Harpers. $ 2.00.
Morse (J. T.). Abraham Lincoln. (American Statesman Series.) 2 vols.
John Quincy Adams. (American Statesman Series.) Houghton. $1.50
Page (Thomas Nelson) . The Old South. Scribner. $1.25.
APPENDIX II 21
Parkman (Francis). Half-Century of Conflict. 2 vols. Little, Brown, & Co
Montcalm and Wolfe. 2 vols. Little, Brown, & Co. $3.00.
Conspiracy of Pontiac. Button. 2 vols. Each $ .35.
Paxson (F. L.) . The Civil War (1854-1855). (Home University Library.) Holt.
The New Nation. (Riverside History ; 1861-1915.) Houghton. $ 1.25.
Price (Overton). The Land We Live In ("Boys' Book of Conservation.")
Small, Maynard & Co. $1.50.
Roosevelt (Theodore) . Thomas Benton. (American Statesman Series.)
Gouverneur Morris. (American Statesman Series.) Houghton. $ 1.50.
Winning of the West. 6 vols. Putnam. $3.00.
Fifty Years of My Life. Macmillan. $ 2.50.
Schouler (James). Thomas Jefferson. (Makers of America.) Dodd. $1.00.
Schurz (Carl). Henry Clay. (American Statesman.) Houghton. $1.50.
Straus (0. S.). Roger Williams. (Makers of America.) Century. $1.00.
Tarbell (Ida M.) . The Tariff in Our Own Times. 2 vols. Macmillan. $ 3.00.
History of the Standard Oil Company. 2 vols. Macmillan. $5.00.
The Golden Rule in Business. Macmillan. $ 2.00.
Thwaites (R. G.). France in America. (American Nation Series.) Harpers.
Tocqueville (Alexis de) . Democracy in America. Barnes. $2.50.
Turner (Frederic J.). Rise of the New West. (American Nation Series.)
Twichell (John). John Winthrop. (Makers of America.) Century. $1.00.
Van Tyne. American Revolution. (American Nation.) Harpers. $2.00.
Walker (Francis A.). Making of the Nation. Scribuer. $1.00.
Washington (Booker T.). Story of the Negro. 2 vols. Doubleday. $3.00!
West (W. M.), editor. Source Book in American History, to 1789. Allyn
and Bacon. $1.50.
Whitlock (Brand). Forty Years of It [1875-1914]. Appleton. $1.00.
Wilson (Woodrow). Congressional Government. Houghton. $1.25.
Division and Reunion. Longmans. $1.25.
Woodburn (J. A.), editor. Lecky's American Revolution. Appleton. $1.00.
A SHORT LIST OF ILLUSTRATIVE FICTION
Austin (Jane G.). Standish of Standish. Houghton.
Avary (M. L.). A Virginia Girl in the Civil War. Appleton,
Churchill (Winston) . The Crossing ; The Crisis ; Mr. Carewe's Career ; A Far
22 APPENDIX II
Eggleston and Seelye. Pocahontas. Dodd.
Foote (Mary Hallock) . Cceur d'Alene. Houghton.
Ford (P. L.) . The Honorable Peter Sterling. Holt.
Garland (Hamlin). Cavanagh, The Forest Ranger; Hesper (a story of the
recent West). Harpers.
Johnston (Mary). To Have and to Hold. Houghton.
Prisoners of Hope. Houghton.
Kingsley (Charles). Westward Ho. (Everyman's Library.) Button.
Larcom (Lucy). A New England Girlhood. Houghton.
Lindsey (B. B.). The Beast and the Jungle. Doubleday.
Norris (Frank). The Octopus. Grosset.
The Pit. Grosset.
Page (T. N.). Red Rock. Scribner.
Among the Camps. Scribner.
Stimson (F. J.). King Noanett. Scribner.
Tarkington (Booth). The Turmoil. Harpers.
White (Stewart Edward). The Riverman. Doubleday.
The Rules of the Game. Doubleday.
White (William Allen). A Certain Rich Man. Macmillan.
Wister (Owen). The Virginian. Macmillan.
Crothers (Samuel). The Pardoner's Wallet (for the essay, " The Land of the