ི*

134. All acts done by executors and administrators, in the settlement of estates, appear by rendering accounts to the probate judge; who, from time to time, makes such orders and decrees as the case requires. In all probate proceedings, interested parties are to be notified, that they may appear in court, and examine for themselves, and make objection, if any error has arisen. The judgments, decrees and orders are recorded by the register; and any party, who considers himself to be aggrieved, is entitled to an appeal to the Supreme Judicial Court, which is the Supreme Court of Probate for the whole state. In this court the proceedings are re-examined, and corrected if wrong, and returned to the Court of Probate to be further acted on, as the Supreme Court may have ordered, in deciding on the appeal. There are proper provisions when a judge happens to be personally interested.

135. The settlement of the estates of deceased persons involves a great variety of interests, affecting widows, children, heirs, legatees, devisees and creditors. Difficult questions sometimes arise, especially as to the meaning of wills; and sometimes interested parties are obliged to resort to the Supreme Court to settle their rights. But, with such exceptions, the settlement of estates is effected with promptness and justice; and with as much economy as can be, consistently with obtaining the right result; and with less expense and delay than occur in most other governments. Expensive suits often occur between members of the same family, on the meaning of wills. A wil can be expounded only from the words in which it is expressed. Want of certainty in its meaning, may occasion great difference of opinion among interested parties. A testator often lays the foundation for bitter contention, where he meant to secure peace. One who puts off the making of a will because he can do it at any time, runs some risk of never doing it; or of having to do it when not in health, but while he is under the visitation of mortal disease; and the risk, also, of being obliged to rely on a scribe incompetent to such duty, even if there were no call for despatch. Wills should be executed in the presence of respectable witnesses, who have no sort of interest in the tes tator's estate, nor in his disposal of it.

136. Removal of Judges. The constitution properly contemplates the possibility that a judicial officer may become an unfit person to hold his station; and that the public good may require his removal. There are two modes of removal.

Wherever a case arises, in which a majority of both branches of the legislature concur in an opinion that a judge ought to be removed, they may express that opinion to the governor in the form of an address. The address would set forth the reasons for making it. Such a measure ought not to be resorted to, without having notified the interested party of the intention to pursue it, nor without giving him an opportunity to be heard, in repelling the grounds on which his removal is proposed. If such address be made, and the governor is of opinion that it ought to be complied with, the officer is accordingly removed by the governor, with consent of the coun cil, and the vacant place supplied.

137. The other mode of removal from judicial office is by impeachment by the IIouse of Representatives, and trial be fore the Senate. This kind of trial is provided for in the state constitution, for all officers of the commonwealth, who are charged, by the House of Representatives, with misconduct and maladministration in their offices. For example, a magistrate receives money for giving a judgment, and condemns the innocent, or acquits the guilty and thereupon a complaint is made, by petition or memorial, to the House of Representatives. The House choose a committee to inquire into the matter, and if they report that the complaint is well founded, a committee is appointed to prepare an accusation in writing, which is called" Articles of Impeachment.' The House chooses, from among their own number (usually), five managers, to conduct the trial. They carry the articles to the Senate, and inform them that the House impeach such an officer, and for such cause, and request the Senate to proceed thereon. The president answers, that proper order will be taken on the subject. The accused is summoned. The senators are organized as a court, by taking the proper oath. A time is fixed for the trial. The House of Representatives attend. The accused is assisted by counsel, and the trial proceeds as in common law courts. If questions arise in which a discussion is necessary among the senators, they retire. When they return to their seats, the question is put to each senator (as, for example, whether evidence proposed, and objected to, shall be received), who answers, Yes, or No, and a majority decides. When the whole matter has been heard, the senators retire and deliberate, as juries do. Having resumed their places, the president asks each senator, as to each article, whether the accused is guilty or not guilty. The question is answered, without giving any reason for the

opinion. If a majority answer, Guilty, on any article, the Senate, by their president, pronounce sentence, which may be suspension from office for a time or for life, or removal from office, and disqualification for life to hold any office. This is the extent of sentence which this court can pronounce. Besides being removed, the accused may be tried for the same offence on indictment, and punished, in a court of justice, if the case be one which demands a punishment beyond that which the Senate can impose. There have been six impeachments since the adoption of the constitution. The results were, 1. removal from office; 2. suspension one year; 3. removal and disqualification* for life; 4. removal from office; 5. not guilty; 6. not guilty.

CHAPTER XIII.

The State Governments.

138. ALL the state governments are representative republics. All of them are conducted in conformity to written constitutions, adopted by the people, in each state, excepting in Rhode Island, where the ancient colonial charter is yet in force. The like effects are obtained in each state, by the exercise of political power. Each one has a legislative, executive and judicial branch, and its own modes of exercising power in these several departments. The distinctions existing among the state governments are found in the qualifications of the electors, and of the elected; in the origin and duration of office; in the limitation of the powers which may be exercised; and in peculiar constitutional provisions; and, especially, in the character of legislation in cach state. It is intended to show, in this chapter, the prominent features of each constitution, and the striking peculiarities in each. It would not be expedient, if it could be done, to set forth the interior policy of each state, because this depends on laws which are subject to be amended or repealed. The manner in which republican government is administered in this country, appears from the examination of the Massachusetts constitution, and of the powers exercised under it; and will fur

* This disqualification was afterwards removed by the governor, who has this power in cases of impeachment, as well as in all others. In some states, this power (in impeachments) is reserved to the legislature.

ther appear by examining the national constitution. It is supposed that instructers can easily make known to their pupils the manner in which political power is exercised in their respective states. After having noticed, in the mode now proposed, the several constitutions, a short comparative view of them will be added. In the extensive territories of the West, new constitutions will be formed, and existing ones will sometimes need amendments; and whatever may have been done, in any state, on the important subject of framing a political system, must be interesting to those who are about to undertake any similar measures. To this consideration may be added, that the people, in each state, are interested to know in what manner those of other states are governed, since the people of all the states are united together for their common security and welfare.

139. State of MAINE. The constitution dated in 1819. Legislature. House of Representatives chosen in towns, in proportion to number of inhabitants. Citizens, who have been such five years, and resident in the state one year, are eligible. Senate of twelve, of like qualifications, and twentyfive years of age; chosen in districts, in proportion to the number of inhabitants therein. Annual election. Meeting, first Wednesday of January.

ate.

Executive. A governor, chosen annually by the people Same qualifications as senators, except thirty years of age. A council of seven, chosen in convention of House and SenThe executive has the power of appointment and pardon, and a qualified negative on legislative acts, as in Massachusetts. Removable by impeachment. President of the Senate acts as governor in case of vacancy.

Judiciary. Supreme Judicial Court, and county courts. Judges appointed and removable as in Massachusetts; disqualified at the age of seventy.

Voters. The qualifications are so inconsiderable, that suffrage may be said to be universal.

Maine is supposed to have derived its name from a province in France. Originally a settlement by itself. United to Massachusetts in 1652; included in Massachusetts colonial charter of 1691. Separated from Massachusetts in 1820, by a law of the state, and a law of Congress. The constitution has a declaration of rights. Religious freedom is provided for; there is no religious test in oaths of office.

[Square miles, 32,000.]

140. State of NEW HAMPSHIRE. Constitution adopted in 1792. It has a declaration of rights.

Legislature. Vested in a General Court of two branches, House of Representatives and Senate. Representatives are chosen in towns, in proportion to ratable polls; must have been inhabitants two years; must have estate of £100, half of which is freehold. Senate of twelve. Senators must have been residents in the state seven years; must have freehold of £200; must be thirty years of age. They are chosen in districts, in proportion to amount of taxes paid therein. All elections for one year. Meeting, first Wednesday in June.

Executive. A governor. He must have an estate of £500, half of it freehold; like residence as senators. A council of five, chosen by the people. Executive powers and duties the same as in Maine. Removable by impeachment. President of the Senate acts as governor in case of vacancy.

Judiciary. The same as in Maine.

Electors. Residence and payment of taxes; but, practically, universal suffrage.

Legislature empowered to provide by law for maintenance of religious worship. No religious test.

[Square miles, 9,280.]

141. State of MASSACHUSETTS.

In this notice of states, some things are added which were omitted in the chapters on this state.

Legislature. Representatives are required to have been resident one year in the town in which they are chosen ; and to have a freehold of £100, or a taxable estate of £200. Senators are required to have been resident five years in the district in which they are chosen; and to have a freehold of £300, or taxable estate of £600.

Executive. The governor and lieutenant governor are required to have been seven years resident in the state, and to have a freehold estate of £1000, and to be of the Christian religion, though there is no religious test in oaths of office. Electors. Residence and payment of taxes; but this is, practically, universal suffrage.

[Square miles, 7,800.]

142. State of VERMONT. Constitution adopted in 1793. It has a declaration of rights.

Legislature. Vested in a House of Representatives, styled the General Assembly. Members are qualified by two years'