delegates are chosen at State conventions, which consist of delegates chosen in town and ward caucuses. At the national conventions, candidates are nominated for the office of president and vice-president; and their friends come before the people with their claims, just as if the people were to vote directly for them. At subsequent State conventions, persons are nominated for electors, pledged to vote for the party candidates. For these persons the people vote, with the understanding that by so doing they are expressing their choice for president. All that the electors have to do is to record their votes for the persons previously agreed upon. The electoral voting is therefore only a form. If the candidate. should die between the time of the choice of electors, and the day for them to vote, the responsibility of choice would fall more directly upon them.

JUDICIAL DEPARTMENT.

The Constitution vests judicial power in one supreme court, and such inferior courts as Congress Supreme Court. shall from time to time establish. The Supreme Court of the United States consists of one chief justice and eight associate justices. It holds an annual term in Washington, beginning on the second Monday in October.

The United States has been divided by Congress into nine judicial circuits, in each of which is Circuit Courts. a justice. Each justice of the supreme court holds a circuit court with the assistance of the circuit justice.

These circuits are divided into districts, in each of which is a judge, a clerk, a marshal, and an

District Courts

attorney. Some of the larger States are

divided into two or three districts; each of the others forms one district. The duties of the marshal are similar to those of the sheriff in the State courts.

Court of Claims.

Besides the courts of justice that have been described, there is a Court of Claims, consisting of five justices. The business of this court is, to examine all claims against the government for the payment of money about which there is dispute, and to make such awards as the court deems just. As a sovereign state cannot be sued in an ordinary court, justice requires that some such provision should be made for the benefit of the public creditors.

Appointment and Salary of Judges.

All the judges are appointed by the president, with the advice and consent of the senate. They hold their office during good behavior, and may be removed by impeachment and subsequent conviction. Their compensation is fixed by law; but the Constitution provides that it shall not be diminished during their continuance in office. The marshals and district attorneys are also appointed by the president.

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CHAPTER XXIX.

Power of Taxation.

THE POWERS OF CONGRESS.

1. RESPECTING FINANCE.

THE superiority of the constitutional government over the confederation is nowhere more apparent than in the extensive powers given to Congress for raising money. The grant is as follows: "Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States." The four words used are intended to cover all forms of taxation. A tax is "a contribution imposed by government on individuals for the service of the state." Duties, in a restricted sense, are taxes upon articles imported or exported. Imposts are the same as duties. Excises are taxes upon articles manufactured or produced for home consumption. The Constitution divides taxes into two classes, direct and indirect, and prescribes different modes of apportionment. Direct taxes include poll-taxes, that is, taxes upon the person of the contributors, and taxes on land, houses, and other real estate. These must be apportioned as representatives are; that is, according to the population of the several States. This provision was a compromise between the

Direct Taxes.

slaveholding and non-slaveholding States. The former wished all the slaves counted in the representative population: the latter wished none of them counted. The controversy was settled by counting three-fifths of them both for representation and for taxation. Direct taxes have very rarely been levied by the government of the United States.

Duties.

Indirect taxes include duties, imposts, and excises. These are required to be uniform throughout the country. Duties upon exports are prohibited. Duties upon imports are of two kinds. Specific duties are proportioned to the quantity of the article imported; ad valorem duties are proportioned to the market value of the article in the country from which it comes, as shown by an invoice accompanying it. A duty of a dollar a yard on silk would be specific ; a duty of forty per cent on silk would be ad valorem. Congress prescribes the rate of duties to be paid on different articles of merchandise, and the

mode of collection. A schedule of dutiable

Tariff.

Collection of

Duties.

goods, with the rate upon each, is called a tariff. Officers are appointed to inspect all merchandise, to assess the duties upon it, and to collect these. All duties are paid in gold by the importer. For convenience in collection, custom-houses are established at different places on the seacoast, on the navigable rivers, and on the boundary-line between the States and the Dominion of Canada.

During the war of the Rebellion, excise duties were levied upon a large number of articles of home production and use; but most of them have since been withdrawn. Taxes of this kind are still levied upon the manufacture of distilled and fermented liquors, and of tobacco.

In time of peace, the duties upon imports have been sufficient to meet the expenses of the govPower to Borrow Money. ernment; but, to meet extraordinary expenses, Congress has the power to borrow money on the credit of the United States. Congress by law determines the amount to be borrowed, the kind of securities to be given, the rate of interest to be paid, and the time and place of payment. of principal and interest. The money is actually borrowed by the secretary of the treasury. Under this provision of the Constitution, Congress authorized the issue of United States notes, payable on demand, without interest, and made them legal tender, that is, lawful money for the payment of debts.

Expenditures.

Congress has not only the power to provide for a revenue, but the complete control of all expenditures. No money can be drawn from the treasury but in consequence of appropriations made by law; and a regular statement of all receipts and expenditures is required to be published from time to time.

2. RESPECTING COMMERCE AND COMMERCIAL

INTERESTS.

The Constitution gives to Congress power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes.

Under this grant Congress declares what vessels are Regulation of entitled to protection as American, by Commerce. what process protection may be secured, at what ports vessels may land cargoes, what rules shall govern the entering and leaving ports. It makes rules for the government of seamen on board of Ameri