IMPOSTS-IMPRESSMENT IMPRESSMENT. Impressment is, in general, the act of compelling persons to serve the state. It may be applied under differing conditions, but has most frequently been used to bring sailors into the naval service. Great Britain, particularly before the War of 1812 with the United States, under the doctrine of "indelible allegiance," claimed the right to search neutral vessels on the high seas for British subjects and to take such subjects and compel them to serve upon British ships of war. powers of the Federal Government may be im- | STITUTIONAL BASIS OF; TAXES, INDIRECT. plied from the scope and purpose of the Con- Reference: E. R. A. Seligman, Essays in Taxastitution although not necessarily incidental tion (1897), 6. D. R. D. to any specific enumerated power. If the end to be attained is legitimately within the scope of the Constitution, all means which are appropriate to the attainment of that end, unless specifically prohibited or inconsistent with the spirit of the Constitution, are within the grant of power. (3) Some of the powers expressly granted are of such character as to involve the exercise within a limited scope of the general powers of legislation. Thus the grant of exclusive power to legislate with reference to the District of Columbia (Art. I, Sec. viii, ¶ 17) necessarily implies the power to enact general laws on all subject matter of legisla- President Madison, in a message of June 1, tion within such district; and the power "to 1812, said: "British cruisers have been in the dispose of and make all needful rules and continued practice of violating the American regulations respecting the territory or other flag on the great highway of nations, and of property belonging to the United States" (Art. seizing and carrying off persons sailing under IV, Sec. iii, ¶ 2) has been construed to author- it, not in the exercise of a belligerent right ize general legislation applicable within the founded on the law of nations against an eneterritories and territorial possessions (see IN- my, but of a municipal prerogative over BritSULAR CASES; TERRITORY, CONSTITUTIONAL ish subjects. British jurisdiction is thus exQUESTIONS OF). (4) From the fact of nation- tended to neutral vessels in a situation where al sovereignty necessarily implied in the crea- no laws can operate but the law of nations, tion of the Federal Government it has author- and the laws of the country to which the ity to exercise many powers not within the vessels belong." This, with other grievances, scope of state power although not even in gen- led to the declaration of war June 18, 1812. eral terms specifically granted. Any extended In speaking of the effect of failure to resist the enumeration of the implied powers which have pretensions of Great Britain, President Madibeen exercised by the Federal Government with-son in a later message, November 4, 1812, says: out serious question would be impracticable, "It would have acknowledged that on the elebut they may all be explained as incidental to the powers expressly granted or the exercise of authority reasonably implied in the creation of a national government. See CONSTRUCTION AND INTERPRETATION; Ex- IMPOSTS. This is a generic term which may include any kind of tax. In the United States, however, it signifies an indirect tax. Although the term is found in the Articles of Confederation and in the Constitution, "taxes, duties, imposts, and excises" (Art. I. Sec. viii, 1), its exact significance is not of importance, inasmuch as duties apply to customs, and exeises to internal revenue duties. Seligman, in a discussion of the etymological growth of terms involved in taxation, notes that among the latter stages of development is the sense of obligation as seen in the word duty; and of compulsion as seen in the word impost. The French, indeed, use the word impôt as the generic term for taxation. See TAXATION, CON ment which forms three-fourths of the globe we inhabit, and where all independent nations have equal and common rights, the American people were not an independent people, but colonists and vassals. It was at this moment and with such an alternative that war was chosen." This attack of the British ship of war Leopard on the American frigate Chesapeake in 1807 and the taking of four seamen from the Chesapeake, led to the disavowal on the part of the British ministry of "the pretension of a right to search ships of war in the national service of any state for deserters." The claim of right to search neutral merchantmen was not renounced, however, even at the close of the War of 1812 though never exercised by Great Britain after that date. In 1850, by statute the British government acknowledged the right of a British subject to transfer his allegiance. See ALIEN; ALLEGIANCE; EXPATRIATION; INDEFEASIBLE ALLEGIANCE; NEUTRALITY, PRINCIPLES OF. References: J. D. Richardson, Messages and Papers (1896), I, 500-529; Henry Adams, Hist. of the U. S. (1891), II, 335 et seq., IV, 39, 162; J. B. Moore, Digest of Int. Law (1906), II, 987-1001; bibliography in A. B. Hart, Manual (1908), § 177. GEORGE G. WILSON. INAUGURATION OF PRESIDENT-INCURABLES, PUBLIC CARE OF territory has assumed the complete status of territory previously within the United States. Louisiana was, by the treaty of 1803, expressly promised that the inhabitants "should be incorporated in the Union;" but the territory did not at once assume the same status as other parts of the Union not yet organized as states. The same principle applied to Florida; the annexed area did not automatically come under the existing general laws of Congress applying alike to states and territories. This principle was distinctly stated by the Supreme Court with regard to California, Fleming vs. Page, 9 How. 603; Cross vs. Harrison, 16 How. 164 (see CALIFORNIA AND NEW MEXICO, ANNEXATION OF), and it was tacitly admitted in Alaska (see ALASKA, ANNEXATION OF). INAUGURATION OF PRESIDENT. The treaty or joint resolution of Congress), the Constitution of the United States provides that the President shall take the oath to preserve, protect and defend the Constitution (Art. II, Sec. i, ¶ 7). The Continental Congress, after many days of wrangling, on Sept. 13, 1788, selected the first Wednesday in March as the time, and the seat of Congress as the place for commencing proceedings under the Constitution. It did not convene at that time, because sufficient members had not assembled to form a quorum. Washington was inaugurated in New York April 30, 1789. Livingston, chancellor of New York, was selected to administer the oath to Washington. A reception was given the President in the Senate chamber, after which he was attended by the members of Congress to the balcony, where the oath was administered, followed by the inaugural address. Washington's second inauguration passed almost without ceremonies. The Cabinet discussed the question, and decided to have a public ceremony in the Senate chamber. At first a reply was made by Congress to the President's address, but it never had the significance of the reply to the King's address to Parliament. At the present time, the inauguration of President is a great civic festival. The oath is administered by the Chief Justice, on the east front of the Capitol. The time is still the fourth of March, although there has been much agitation for a change to a time when the weather would be better. PRESIDENT. References: P. S. Reinsch, Readings in Am. Federal Govt. (1909), No. I; E. Stanwood, Hist. of the Presidency (1898), passim; R. B. Mosher, Executive Register (1903), passim. T. N. H. INCOME TAX. See TAX, INCOME. See With regard to the Philippines and Porto Rico, the Supreme Court in the Insular Cases (sce) of 1900 held that they were not “incorporated" by the treaty: they were no longer foreign territory, and were not yet an integral part of the territory of the United States; but 1emained in a kind of limbo outside general acts of Congress, and outside the constitutional guaranties to individuals, till Congress should take action. This decision reverses previous decisions of the Supreme Court to the effect that a general act of Congress applies to the District of Columbia and to organized territories, even though they are not specifically mentioned. See ANNEXATIONS TO THE UNITED STATES; DEPENDENCIES OF THE UNITED STATES; INSULAR CASES; TERRITORY, CONSTITUTIONAL QUESTIONS OF; TERRITORY, ACQUIRED, STATUS OF. References: C. E. Magoon, "Legal Status of the Territories and Inhabitants of the Islands Acquired by the U. S." in Bureau of Insular Affairs, Report, 1900, Reports on the Law of Civil Government in Territory INCOME TAX, GRADUATED. See TAX, Subject to Military Occupation, 1902, CompilaINCOME, GRADUATED. INCORPORATION OF ASSOCIATIONS. In many states, in addition to the general provisions for corporations, there is a legal method by which associations intended for social and benevolent purposes may be formally registered and their members may be relieved from individual liability for the association's debts. The usual method is simply that a specified number of incorporators register their names and afterwards elect in addition members who can then elect officers. See CHURCH AND STATE. References: W. E. Baldwin, "Private Corporations" in Two Centuries of Am. Law (1902); Campbell vs. Floyd, 25 Atl. 1033, 1036, 153 Pa. 84 (1887-1896); Am. and Eng. Encycl. of Law (1909), I, 881. A. B. H. tion of the Acts of Congress, Treaties and Proclamations Relating to Insular and Military Affairs, 1897-1903 (1904); C. F. Randolph, Law and Policy of Annexation (1901). ALBERT BUSHNELL HART. INCURABLES, PUBLIC CARE OF. There is practically no provision in the United States for the public care of incurables entirely at public expense outside of almshouses. In nearly every state some private institutions exist, often under church or religious auspices, that make provision for a few free patients and take incurables who can pay either a substantial entrance fee or weekly board ranging from eight to ten dollars a week and upwards. Latterly there has been considerable discussion and something accomplished in several localities in the direction of more adequate public provision for incurable consumptives where segregation is almost a necessity as a measure of public hygiene, and where poverty so often (either makes the condition of the sufferer additionally INCORPORATION OF TERRITORY. In the annexations of territory to the United States, the question has repeatedly arisen whether by the instrument of cession INDEFEASIBLE ALLEGIANCE-INDEPENDENT DEMOCRATS pitiful and isolation in private homes prac- | Municipal Ownership League. This league had tically impossible. See CHARITIES, PUBLIC extended its organization and activities to AGENCIES FOR; POVERTY AND POOR RELIEF. other cities and states-Massachusetts, CaliReferences: A. D. Warner, American Charities fornia, Illinois-and became influential in (2d ed., 1908); Nat. Assoc. for the Study and municipal politics in San Francisco, Boston Prevention of Tuberculosis, Annual Reports and Chicago, where Hearst had strong metro(1905 to date); Washington International politan newspapers. As an outgrowth of the Congress on Tuberculosis, Proceedings, 1908. Independence League and its political activS. McC. L. ities, came the national Independence Political Party of 1908, sometimes called the "Hearst INDEFEASIBLE ALLEGIANCE. A doc- Party." This party met in national conventrine of the English law, that a natural-born | tion at Chicago, July 28, 1908, with forty-four subject owes an allegiance which is intrinsic states and two territories represented. It and perpetual, and which he cannot by any act of his throw off. The constitutions of many of the states of the Union contain provisions recognizing the right of expatriation, thus renouncing the English view, but our Federal Government continued to claim the right of such allegiance until about 1850. Reference: J. Kent, Commentaries (14th ed., 1896), II, 42, 43. H. M. B. adopted a platform and nominated for President, Thomas L. Hisgen, of Massachusetts, and for Vice-President, John Temple Graves, of Georgia. Both men had been Democrats, as Mr. Hearst had been. These leaders were, as a matter of course, opposed to the Republican party. They denounced it as the party of privilege, monopoly, and corrupt commercial politics, controlling the government in the interest of "high finance" and "big business." They were now prepared to denounce, also, the Democratic organization as unworthy of confidence, the creature of unscrupulous bosses, an "ever-changing, wobbling, inconsistent, divided and disgraced party." INDENTURES AND INDENTED SERVANTS. This term is applied in English usage to certain contracts, including those between master and servant; the document was originally divided into two, by tearing, and the two parties proved their portions by bringing them in and showing that they fitted together. In the English colonies, the term was applied to white servants who agreed to serve for a term of years, in consideration of their passage over, or other advantages. Such a contract was enforceable by law which made the servant for the time being a bondman. Very often the indenture provided that at the end of the term of years the servant should receive a specified quantity of land or other property. On the other hand, a servant who misbehaved or ran away might thus prolong the term of his servitude. Many women as well as men went through this bondage. Large numbers of indented servants afterward founded families and took a high position in the colonies. See LABOR CONTRACTS; REDEMPTIONER. References: Diary of John Harrower in Am. Hist. Rev., VI (1900), 67; K. J. Geiser "Redemp-watering and corporation frauds; and a retioners and Indented Servants in Pennsylvania" in Yale Review, X (1901-2); E. I. McCormac and J. C. Ballagh in Johns Hopkins University, Studies (1892), X, Nos. 6, 7, (1903), XXI, Nos. 3, 4; bibliography in A. B. Hart, Manual (1908), § 32, (lect. 15). A. B. H. The party platform therefore declared for independence from the old parties: for direct nominations, direct legislation (see LEGISLA TION, DIRECT), the referendum (see), and the recall (see), in order "to restore the power of government to the people;" for drastic corrupt practices acts; public ownership of the telegraph, immediately, and of "other public ultilities as rapidly as government shall show abili ty to conduct public utilities for public benefit;" an inherent right in the Government to issue money and a central Government bank to provide an emergency currency, which should be a legal tender for all debts; the eight-hour day; compulsory use of safety appliances on railways; an anti-blacklist law; postal savings banks and parcel post; good roads; penal anti-trust laws; popular election of Senators; abolition of child labor; prohibition of stock INDEPENDENCE, DECLARATION See DECLARATION OF INDEPENDENCE. The vision of the tariff "not by the friends of the References: "Mr. Hearst's Party" in Outlook, OF. LXXXIX (Aug. 8, 1908), 776; "Independence Party" in Arena, XL (Sept., 1908), 229-234; "Outlook for Third Parties" in Nation, LXXXVI (Feb. 27, 1908), 186; F. T. Graves, "Mission of Independence Party" in Review of Reviews, XXXVII (1908), 307. J. A. W.. INDEPENDENCE LEAGUE. This organization was incorporated in New York under the direction of Mr. William Randolph Hearst, Dec. 9, 1905. The founder of the League had made a race for mayor of New York City in 1905 on an independent ticket put out by the INDEPENDENT DEMOCRATS. A term applied to a body of Free Soilers (see), some of INDEPENDENT MOVEMENTS IN POLITICS The former method is illustrated by the party developments during the forties. In 1840 both Democrats and Whigs ignored the question of slavery in official party utterances, because in the membership of each party contradictory views were held. Extremists on whom had been Whigs but most of whom | tion ought to be used to give effect to different had been Democrats, who united in urging an opinions or to uphold an opposing interest. independent movement against slavery exten- This principle is always working in the party sion in 1854. In January of that year there system. Men possessing qualities of leadership was published an "Appeal of the Independent reach definite conclusions on a given policy, Democrats in Congress to the People of the and uniting with others of like mind they seek United States." It was signed by Salmon P. to convince the larger public. The direct way Chase, Charles Sumner, J. R. Giddings, Edward to secure a reform is to gain the coöperation Wade, Gerrit Smith, and Alexander De Witt. of the party in power. If they fail in this, It was a protest against the proposed repeal of reformers may either organize a third party the anti-slavery restriction of the Missouri (see) to champion their view or form an inCompromise by the Kansas-Nebraska bill (see). dependent non-partisan organization. The appeal, which was written by Chase from a draft by Giddings, warned the people of the United States of the imminent danger that was menacing the freedom of the territories. It denounced the new Nebraska bill as a "gross violation of a sacred pledge, a criminal betrayal of precious rights, as part and parcel | each side tried to force their views upon their of an atrocious plot to exclude from a vast unoccupied region immigrants from the old world and free laborers from our own States and convert it into a dreary region of despotism, inhabited by masters and slaves." The Independent Democrats asserted that to repeal the Missouri restriction (see CoмPROMISE OF 1820) and admit slavery to the vast Nebraska country, would be an act of Punic faith, and they declared that they would resist the Kansas-Nebraska Act "by speech and vote and with all the abilities which God has given us." This powerful manifesto, prompted by deep conviction and high purpose, met a vigorous response from the country. It helped to arouse an AntiNebraska sentiment within all parties and was one of the first steps in the formation of the present Republican party. See REPUBLICAN PARTY; SLAVERY CONTROVERSY. References: J. F. Rhodes, Hist. of U. S. (1893), I, 441; A. B. Hart and E. Channing, Eds., Am. Hist. Leaflets, No. 17 (1894-1901); J. A. Woodburn, Political Parties and Party Problems (1803); T. C. Smith, Liberty and Free Soil Parties in the Northwest (1897), Parties and Slavery (1906). J. A. W. INDEPENDENT MOVEMENTS IN POLITICS.-Independent movements in politics include all those that lead away from unswerving adherence to the established parties. Very seldom do they capture the thoroughgoing party man who makes regularity (see) the chief article of his political creed. They make an especial appeal to and depend for support on the large numbers of citizens who, regarding party as an evil, are eager to join any movement that, for the time, promises relief from the dominance of the organization. But they arise often within the party from the natural variety and conflict of opinions and interests. The party view of a certain problem, which at the time is accepted as orthodox, does not satisfy the entire constituency. There are always those who believe that the organiza regular party organization with various results. The Wilmot Proviso (see), introduced in Congress in 1846, by a Pennsylvania Democrat, expressed the anti-slavery sentiment of a large number of northern Democrats who finally left the party to become Free-Soilers and to nominate Van Buren in 1848. A corresponding anti-slavery movement was progressing among the Whigs. Failing to capture the organization this faction separated from the party and became an independent party opposed to the extension of slavery, and finally united with the Free-Soilers to form the Republican party (see). Reform of the civil service has followed the other course. It has always been independent of party and has appealed to all parties for support. An Another type of political reform movement has developed in cities and states where the regular organization has become a machine (see). The machine is not, like the normal party, an organ for expressing public opinion, but is a means of controlling the government regardless of public opinion. Two methods of opposition to its influence have developed. Either good citizens within the party organize to restore the party to its proper function; or regardless of party they organize independently to gain control of the government. instance of the former method is the case of Abram Hewitt and others who for a time displaced Tammany (see) rule in New York and secured official party recognition of an Anti-Tammany organization (see COUNTY DEMOCRACY). An instance of the second method is the election of Seth Low as mayor of New York on a citizens' ticket in 1901. The Mugwump movement, that of the "organized Independents," represents a similar revolt of Republicans in New York state and elsewhere. Many movements of this sort appear in every machine-ridden city or state. In a Reform movements, such as the last named above, encounter peculiar difficulties. time of excitement they may carry an election, but to hold the position permanently against INDEPENDENT NATIONAL PARTY-INDETERMINATE SENTENCE experienced machine politicians they seem forced to create an organization equally thorough and efficient. This also is liable to corruption; it is certain to be accounted corrupt. No city or state has been gained and long held on the simple issue that one organization is better than another. County Democracy displaced Tammany for one or two years only. Seth Low was followed by a Tammany mayor. How far they should depend on thorough organization in preference to the simple open appeal to the voters is always a question with reformers. Each method has its advocates and exemplars. Governor Hughes followed the policy of ignoring organization and effected reform by the open appeal. President Roosevelt for years remained with the organization and made large use of its methods, while appealing for support to independent voters until he withdrew from the Republican Party after his defeat in the national convention of 1912 and formed the national Progressive party (see). As to how much or what sort of organization the reformer should adopt depends upon personality and the nature of the business in hand. Even temporary victory over the machine is of great advantage; no monarchy likes rebellion. Tammany is much weaker in its grip on the city than is the corresponding Republican machine of Philadelphia which has incurred fewer defeats. INDEPENDENT NATIONAL PARTY. See GREENBACK Party. INDEPENDENT PARTY. See INDEPENDENCE LEAGUE. INDEPENDENT TREASURY. Independent treasury is the name applied to the system of keeping the funds of the Federal Government in the custody of federal officials. Legislation was first enacted in 1840, repealed in 1841; reenacted in 1846 and since that time, with amendments. See SUB-TREASURY. D. R. D. INDEPENDENT VOTING. See VOTING, INDEPENDENT. INDESTRUCTIBLE UNION OF INDESTRUCTIBLE STATES. This was an expression used by Chief Justice Chase in rendering the decision of the Supreme Court of the United States in the case of Texas vs. White et al (7 Wall. 700). The case involved the right of secession and the question as to whether Texas was ever out of the Union. The court declared that the Union never was a purely artifical one, that in the Articles of Confederation it was declared to be "perpetual," and that the Constitution was ordained "to form a more perfect union," and The independent movement or uprising is that the preservation of the states was within only one among many means for restoring to the design and care of the Constitution. "The the people the control of the government; but Constitution, in all of its provisions, looks to as a demonstration of a desire for reform it an indestructible Union, composed of indestrucis a necessary agency. Whether the effort ap-tible states." See RECONSTRUCTION. Reference: pears at the time to succeed or fail is a minor A. B. Hart, Salmon P. Chase (1899). consideration. The machine-made type of independent movement is not found in states where the party system is normal. Each of the parties there furnishes an open forum for the discussion of disputed policies. The two parties compete for the honor and the profit of giving effect to a popular policy; or the parties represent opposing sides of the more permanent lines of disputed policy. In such a state independent action takes the form of a non-partisan propaganda, or the promoters organize a third party. In a normal party a large field for independent action is secured within regular party ranks. The machine, on the other hand, lays emphasis on orthodoxy and tends to destroy the liberty of dissent. See COUNTY DEMOCRACY; MACHINE, POLITICAL; MUNICIPAL VOTERS LEAGUE; NON-PARTISAN POLITICAL ORGANIZATIONS; PARTIES, STATE AND LOCAL; REFORM MOVEMENTS, POLITICAL; THIRD PARTIES; VOTING, INDEPENDENT. References: J. Bryce, Am. Commonwealth (4th ed., 1910), II, 47, 48; J. A. Woodburn, Pol. Parties and Party Problems (1909), ch. vii; M. Ostrogorski, Democracy and Party System (1910), ch. xiv; R. M. La Follette, "Autobiography" in The American Magazine, LXII (1911-12). JESSE MACY. A. C. McL. INDETERMINATE SENTENCE. An indeterminate sentence is one which does not have a fixed time limit. Theoretically the prisoner should be sentenced to remain in prison until he has been reformed, just as an insane patient or a sick patient is committed to a hospital until cured. In practice, indeterminate or indefinite sentences, as they are sometimes called, usually have a maximum limit and a minimum limit. The prisoner may be sentenced for not less than two or more than ten years; or for a period not exceeding the maximum term provided by law for the crime of which he is convicted. The system was first applied in the United States by a New York law of 1823, providing that the boys in the House of Refuge, instead of being sentenced for fixed terms should be committed to the guardianship of the board of directors, subject to parole and discharge at the discretion of the board. The indeterminate sentence as applied to adults was first used in reformatories for young men, the New York State reformatory at Elmira, the Massachusetts reformatory at Concord and the Ohio state reformatory at |