The Act of Mediation was the Swiss constitution of February the 19th 1803, which Bonaparte substituted for that of the Helvetic republic, which lasted to the end of 1813. In it, the name 'Switzerland' was first officially used as the name of the Swiss confederation. Research Act of Mediation
The first elected representative legislature in America was that which met at Jamestown, Virginia, in 1619. The colonies of Southern New England started with primary assemblies, from which representative assemblies were soon developed. In New York the first true legislature was assembled in 1683. In general the colonial legislatures were modelled on the British Parliament, the procedure of which they followed closely. To king, lords and commons corresponded the governor, the council appointed by him, and the representatives of the people, variously called house of burgesses, house of delegates, assembly, or house of representatives. These last were elected by voters having a property qualification, two members or more for each county in the Middle and Southern States, one or two from each town in New England.
The American Revolution broke up the upper houses or councils, and the new constitutions substituted what in Virginia (1776) and then in the other States was called a senate. Pennsylvania and Georgia had at first legislatures of but one house. The legislatures of the Southern States were generally given the power to choose the governor. The Constitution of 1787 gave the State Legislatures the right to choose US Senators. All the amendments to the Federal Constitution have been ratified by them. During the later half of the 19th century it was generally felt that State Legislatures had been declining in excellence during the last two generations, state constitutions having imposed more and more restrictions upon their action. Research American Legislature
The Bill of Rights was a statute embodied in the declaration of Rights presented by both houses of the Convention to the Prince and Princess of Orange in 1689. After declaring the late King James II to have done various acts contrary to the laws of the realm, and to have abdicated the government, the Bill of Rights proceeds to enact in detail the celebrated declaration as to the rights and liberties of the English people. It was laid down that the crown had no power to suspend or dispense with the ordinary laws, or form judicial courts, or levy money without parliamentary sanction. The raising or keeping of a standing army within the kingdom in time of peace, unless with the consent of Parliament was declared to be unlawful. Freedom of election for members of Parliament, freedom of speech in debate, and the right of the subject to petition the crown were alike maintained. A clause also stated that if any king or queen should embrace the Roman Catholic religion, or intermarry with a Roman Catholic, their subjects should be absolved of their allegiance.
In America, the first Bill of Rights was the Declaration of Rights which accompanied the VirginiaConstitution of 1776, and was largely the work of ColonelGeorge Mason who based it upon the English Bill of Rights. The American Constitution of 1787 was strongly criticised for not including and statements of individual rights, and accordingly the first ten amendments of the US Constitution were made to include statements of individual rights in the nature of a Bill of Rights. Research Bill of Rights
The Charles River Bridge Case was an important American Supreme Court case. In 1785 the Legislature of Massachusetts incorporated a company to build a bridge over the Charles River from Charlestown to Boston, granting tolls. In 1828 the Legislature granted the incorporation of another company to build what is known as the Warren Bridge, which was eventually to be free. The first company brought suit in the Supreme Court of Massachusetts for an injunction to prevent the erection of the Warren Bridge, stating that the act of the Legislature incorporating the second company impaired the obligations of a contract made with the first company and was therefore repugnant to the National Constitution.
The Supreme Court of Massachusetts found judgment for the defendant, and this decision was confirmed by the Supreme Court of the United States in 1837, on the ground that a State law may be retrospective and may divest vested rights, without impairing contract. This was a limitation of the decision given in the Dartmouth College case. Research Charles River Bridge Case
The Chisholm Case was a legal proceeding in the USA that eventually led, through the enactment of the 11th Amendment to the US. Constitution, to a limitation on the jurisdiction of the federal courts. Decided in 1793 by the US. Supreme Court, the case of Chisholm v. Georgia (2 Dallas 419) was brought against the state of Georgia by Alexander Chisholm, a citizen of South Carolina, regarding an inheritance of which he was the legatee. The Supreme Court took jurisdiction under ArticleIII, Section 2, of the Constitution, which confers jurisdiction on the federal courts in cases between a state and citizens of another state. Georgia challenged both the right of citizens to sue state governments and the jurisdiction of the Supreme Court in such cases. The Supreme Court ruling affirmed the jurisdiction of the courts.
On March the 5th, 1794, Congress passed the 11th Amendment, which was ratified on February the 7th, 1795. It removed from the jurisdiction of the federal courts cases in which a citizen of one state is the plaintiff and the government of another state is the defendant; it limited the jurisdiction of the federal courts to cases in which the government of a state is the plaintiff and the citizen of another state is the defendant. Research Chisholm Case
The Commonwealth is an informal grouping of the United Kingdom and the majority of its former dependencies. The Commonwealth has no charter or constitution, but the heads of governments of its member states meet every two years. The member states are independent, but recognise the British monarch as the head of the
Commonwealth. Research Commonwealth
When the newly formed United States was drawing up its constitution, disagreements occurred within the parties involved. Compromises were formed at the Convention of 1787, which was mainly divided as to whether, in the new government, one State's influence should be equal to that of any other State, or should be based on population. The plans for a Constitution submitted by Edmund Randolph, of Virginia, and William Paterson, of New Jersey, were diametrically opposed in this respect. The former favoured representation according to population in both Houses; the latter an equal vote for each State and only one House. Johnson, of Connecticut, proposed as a compromise, two Houses, an equal representation in the Senate and a proportionate one in the House. Ellsworth formally moved that this be adopted, and thus the first compromise was effected after considerable debate.
The second compromise was in regard to the regulation of commerce by Congress. It was proposed to tax both exports and imports at the discretion of Congress. C C Pinckney declared that South Carolina would not enter the Union if exports were to be taxed, since nearly the whole of her wealth lay in one article of export, rice. Hence it was decided, on August the 6th, that 'no tax or duty shall be laid by the Legislature on articles exported from any State', and on these terms the Federal control over commerce was conceded.
The Compromise of 1850 was a compromise between the anti-slavery and pro-slavery parties in the USA. As it was finally passed, it took the form of several separate bills, which had been practically comprehended in Clay's 'Omnibus Bill', proposed and defeated a short time before. Under the compromise, Texas was allowed $10,000,000 for New Mexico, and the boundary of that territory was cut down considerably. On August the 13th, California was admitted to the Union with her free Constitution. On August the 15th, bills for establishing territorial governments in New Mexico and Utah were passed, containing a slavery option clause proposed by SenatorSoule. On August the 26th, the fugitive slave bill, denying arrested Negroes a trial by jury, and prohibiting redress to free coloured [black] seamen imprisoned in Southern ports, was passed. Research Compromise of 1850
The Confederate States was a government formed in 1861, in North America, by seceding States. The second State to secede, Mississippi, at the time of secession, January 9, 1861, proposed a convention to form a Southern Confederacy. This provisional Congress met at Montgomery, Alabama, on February 4, with delegates present from six of the seven States - which had then seceded. It voted by States. On February 8, it adopted a provisional Constitution, and the next day choseJefferson Davis, of Mississippi, provisional President and Alexander H Stephens, of Georgia, Vice-President.
The permanent Constitution was adopted on March 11. It set forth the doctrines of State sovereignty and recognized slavery, though it forbade the slave trade. It forbade protective tariffs and Federal expenditures for internal improvements. Congress was forbidden to emit bills of credit. It could permit members of the Cabinet to speak before it. The President was empowered to veto single items in appropriation bills. His term was to be six years, and he was not to be re-elected. All the seceding States ratified the Constitution through conventions. Virginia, North Carolina, Tennessee and Arkansas seceded, and were admitted into the Confederacy. The seat of government was removed to Richmond, and Davis and Stephens were chosen again under the permanent Constitution. They were inaugurated as such on February 22, 1862.
During most of the existence of the Confederate Government, Judah P Benjamin was Secretary of State, Charles G Memminger Secretary of the Treasury, James A Seddon Secretary of War, Stephen R Mallory of the Navy and John H Reagan Postmaster-General. In this government Congress was of little account. Everything was subordinated to the energetic prosecution of the war, for which the President assumed almost dictatorial powers. Extraordinary efforts were made.
Money was obtained by means of the issue of Treasury notes, by cotton loans and by requisitions. Supplies were obtained by any means possible. Troops were obtained, finally, by conscription. The Government, though given belligerent rights by most maritime nations, could not secure any recognition of its independence. As the armies began to be more and more completely destroyed, dissensions broke out. Violent criticism of Davis prevailed. Finally, the surrender of Lee brought the Confederate Government to an end. The Federal Government of the USA never recognized its existence. Research Confederate States
A constitution is the fundamental law of a state, whether it be a written instrument of a certain date, as that of the United States of America, or an aggregate of laws and usages which have been formed in the course of ages, like the English constitution. The ideal constitution is that established by a free sovereign people for their own regulation, though the expediency of other forms at various stages of national development cannot but be recognized. The chief of these are: 1. Constitutions granted by the plenary power of absolute monarchs, or constitutions octroyees; such as Louis XVIII's Charte. 2. Those formed by contract between a ruler and his people, the contract being mutually binding - a class under which, in a great degree, the British constitution must be placed. 3. Those formed by a compact between different sovereign powers, such as the constitutions of the German Empire, of the United Provinces of Holland, and of the Swiss Confederation.
In regard to political principles, constitutions are; 1. Democratic, when the fundamental law guarantees to every citizen equal rights, protection, and participation, direct or indirect, in the government, such as the constitutions of the United States and of some cantons of Switzerland. 2. Aristocratic, when the constitution recognizes privileged classes, as the nobility and clergy, and intrusts the government entirely to them, or allows them a very disproportionate share in it. Such a constitution was that of Venice, and such at one time those of some Swiss cantons, for instance, Bern. 3. Of a mixed character. To this, latter division belong some monarchical constitutions, which recognize the existence of a king whose power is modified by other branches of government of a more or less popular cast. The British constitution belongs to this division. Research Constitution
The Probert Encyclopaedia was designed, edited and programed by
Matt and Leela Probert
Abbreviations
Research Act of Mediation
