CIVIL GOVERNMENT IN THE UNITED STATES T/-%TIXT T^TOlxril? cJUrliN JrllDrvt!, CIVIL GOVERNMENT IN THE UNITED STATES CONSIDERED WITH SOME REFERENCE TO ITS ORIGINS BY JOHN FISKE NEW EDITION, WITH ADDITIONS BY D. S. SANFORD , ireu Zyvbs 'E\ev9epiov, If,epav evpvdpot. PINDAR, Olymp. xiL Thou, too, sail on, O Ship of State 1 Sail on, O Union, strong and great ! . . . Our hearts, our hopes, are all with thee. Our hearts, our hopes, our prayers, our tears, Our faith triumphant o'er our fears, Are all with thee, are all with thee ! LONGFELLOW. BOSTON AND NEW YORK HOUGHTON MIFFLIN COMPANY COPYRIGHT 1890 BT JOHN FISKK. COPYRIGHT 1904 BY ABBY M. FISKE. All rights reserved. UU THIS little book is dedicated, with the author's best wishes and sincere regard, to the many hundreds of young friends whom he has found it so pleasant to meet in years past, and also to those whom he looks forward to meeting in years to come, in studies and read- ings upon the rich and fruitful history of our beloved country. PREFACE. SOME time ago, my friends, Messrs. Houghton, Mifflin & Co., requested me to write a small book on Civil Government in the United States, which might be useful as a text-book, and at the same time service- able and suggestive to the general reader interested in American history. In preparing the book certain points have been kept especially in view, and deserve some mention here. It seemed desirable to adopt a historical method of exposition, not simply describing our political insti- tutions in their present shape, but pointing out their origin, indicating some of the processes through which they have acquired that present shape, and thus keep- ing before the student's mind the fact that govern- ment is perpetually undergoing modifications in adapt- ing itself to new conditions. Inasmuch as such gradual changes in government do not make themselves, but are made by men and made either for better or for worse it is obvious that the history of political in- stitutions has serious lessons to teach us. The stu- dent should as soon as possible come to understand that every institution is the outgrowth of experiences. One probably gets but little benefit from abstract definitions and axioms concerning the rights of men and the nature of civil society, such as we often find VI PREFACE. at the beginning of books on government. Meta- physical generalizations are well enough in their place, but to start with such things as the French philos- ophers of the eighteenth century were fond of doing is to get the cart before the horse. It is better to have our story first, and thus find out what govern- ment in its concrete reality has been, and is. Then we may finish up with the metaphysics, or do as I have done leave it for somebody else. I was advised to avoid the extremely systematic, intrusively symmetrical, style of exposition, which is sometimes deemed indispensable in a book of this sort. It was thought that students would be more likely to become interested in the subject if it were treated in the same informal manner into which one naturally falls in giving lectures to young people. I have endeavoured to bear this in mind without sacri- ficing that lucidity in the arrangement of topics which is always the supreme consideration. For many years I have been in the habit of lecturing on history to col- lege students in different parts of the United States, to young ladies in private schools, and occasionally to the pupils in high and normal schools, and in writing this little book I have imagined an audience of these earnest and intelligent young friends gathered before me. I was especially advised by my friend, Mr. James MacAlister, superintendent of schools in Philadelphia, for whose judgment I have the highest respect to make it a little book, less than three hundred pages in length, if possible. Teachers and pupils do not have time enough to deal properly with large treatises. Brevity, therefore, is golden. A concise manual is the desideratum, touching lightly upon the various points, bringing out their relationships distinctly, and .PREFACE. YU referring to more elaborate treatises, monographs, and documents, for the use of those who wish to pursue the study at greater length. Within limits thus restricted, it will probably seem strange to some that so much space is given to the treatment of local institutions, comprising the gov- ernments of town, county, and city. It may be ob- served, by the way, that some persons apparently conceive of the state also as a "local institution." In a recent review of Professor Howard's admirable " Local Constitutional History of the United States," we read, " the first volume, which is all that is yet published, treats of the development of the township, hundred, and shire ; the second volume, we suppose, being designed to treat of the State Constitutions." The reviewer forgets that there is such a subject as the " development of the city and local magistracies " (which is to be the subject of that second volume), and lets us see that in his apprehension the American state is an institution of the same order as the town and county. We can thus readily assent when we are told that " many youth have grown to manhood with so little appreciation of the political importance of the state as to believe it nothing more than a geographical division." 1 In its historic genesis, the American state is not an institution of the same order as the town and county, nor has it as yet become de- pressed or " mediatized " to that degree. The state, while it does not possess such attributes of sovereignty as were by our Federal Constitution granted to the United States, does, nevertheless, possess many very important and essential characteristics of a sovereign body, as is here pointed out on pages 172-177. The study of our state governments is inextricably wrapped 1 Young's Government Clats Book, p. iv. tiii PREFACE. up with the study of our national government, in such wise that both are parts of one subject, which cannot be understood unless both parts are studied. Whether in the course of our country's future development we shall ever arrive at a stage in which this is not the case, must be left for future events to determine. But, if we ever do arrive at such a stage, " American insti- tutions " will present a very different aspect from those with which we are now familiar, and which we have always been accustomed (even, perhaps, without al- ways understanding them) to admire. The study of local government properly includes town, county, and city. To this part of the subject I have devoted about half of my limited space, quite unheedful of the warning which I find in the preface of a certain popular text-book, that " to learn the duties of town, city, and county officers, has nothing whatever to do with the grand and noble subject of Civil Government," and that " to attempt class drill on petty town and county offices, would be simply burlesque of the whole subject." But, suppose one were to say, with an air of ineffable scorn, that petty experiments on terrestrial gravitation and radiant heat, such as can be made with commonplace pendu- lums and tea-kettles, have nothing whatever to do with the grand and noble subject of Physical Astronomy I Science would not have got very far on that plan, I fancy. The truth is, that science, while it is perpetu- ally dealing with questions of magnitude, and knows very well what is large and what is small, knows nothing whatever of any such distinction as that be- tween things that are " grand " and things that are " petty." When we try to study things in a scientific spirit, to learn their modes of genesis and their present aspects, in order that we may foresee their tendencies, PREFACE. ix and make our volitions count for something in mod- ifying them, there is nothing which we may safely dis- regard as trivial. This is true of whatever we can study ; it is eminently true of the history of institu- tions. Government is not a royal mystery, to be shut off, like old Deiokes, 1 by a sevenfold wall from the ordinary business of life. Questions of civil govern- ment are practical business questions, the principles of which are as often and as forcibly illustrated in a city council or a county board of supervisors, as in the House of Representatives at Washington. It is partly because too many of our citizens fail to realize that local government is a worthy study, that we find it making so much trouble for us. The " bummers " and " boodlers " do not find the subject beneath their notice ; the Master who inspires them is wide awake and for a creature that divides the hoof ex- tremely intelligent. It is, moreover, the mental training gained through contact with local government that enables the people of a community to conduct successfully, through their representatives, the government of the state and the nation. And so it makes a great deal of difference whether the government of a town or county is of one sort or another. If the average character of our local governments for the past quarter of a century had been quite as high as that of the Boston town-meeting or the Virginia boards of county magistrates, in the days of Samuel Adams and Patrick Henry, who can doubt that many an airy demagogue, who, through session after sessfon, has played his pranks at the na- tional capital, would long ago have been abruptly re- called to his native heath, a sadder if not a wiser man? We cannot expect the nature of the aggregate to be 1 Herodotus, i. 98. X PREFACE. much better than the average natures of its units. One may hear people gravely discussing the difference between Frenchmen and Englishmen in political effi- ciency, and resorting to assumed ethnological causes to explain it, when, very likely, to save their lives they could not describe the difference between a French commune and an English parish. To com- prehend the interesting contrasts between Gambetta in the Chamber of Deputies, and Gladstone in the House of Commons, one should begin with a historical inquiry into the causes, operating through forty gen- erations, which have frittered away self-government in the rural districts and small towns of France, until there is very little left. If things in America ever come to such a pass that the city council of Cambridge must ask Congress each year how much money it can be allowed to spend for municipal purposes, while the mayor of Cambridge holds his office subject to re- moval by the President of the United States, we may safely predict further extensive changes in the char- acter of the American people and their government. It was not for nothing that our profouudest political thinker, Thomas Jefferson, attached so much impor- tance to the study of the township. In determining the order of exposition, I have placed local government first, beginning with the township as the simplest unit. It is well to try to understand what is near and simple, before dealing with what is remote and complex. In teaching geog- raphy with maps, it is wise to get the pupil interested in the streets of his own town, the country roads run- ning out of it, and the neighbouring hills and streams, before burdening his attention with the topographical details of Borrioboola Gha. To study grand generali- cations about government, before attending to such of PREFACE. XI its features as come most directly before us, is to run the risk of achieving a result like that attained by the New Hampshire school-boy, who had studied geology in a text-book, but was not aware that he had ever set eyes upon an igneous rock. After the township, naturally comes the county. The city, as is here shown, is not simply a larger town, but is much more complex in organization. His- torically, many cities have been, or still are, equiva- lent to counties ; and the development of the county must be studied before we can understand that of the city. It has been briefly indicated how these forms of local government grew up in England, and how they have become variously modified in adapting them- selves to different social conditions in different parts of the United States. Next in order come the general governments, those which possess and exert, in one way or another, attri- butes of sovereignty. First, the various colonial gov- ernments have been considered, and some features of their metamorphosis into our modern state govern- ments have been described. In the course of this study, our attention is called to the most original and striking feature of the development of civil govern- ment upon American soil, the written constitution, with the accompanying power of the courts in certain cases to annul the acts of the legislature. This is not only the most original feature of our government, but it is in some respects the most important. Without the Supreme Court, it is not likely that the Federal Union could have been held together, since Congress has now and then passed an act which the people in some of the states have regarded as unconstitutional and tyrannical ; and in the absence of a judicial method of settling such questions, the only available rii PREFACE. remedy would have been nullification. I have de- voted a brief chapter to the origin and development of written constitutions, and the connection of our colonial charters therewith. Lastly, we come to the completed structure, the Federal Union ; and by this time we have examined so many points in the general theory of American government, that our Federal Constitution can be more concisely described, and (I believe) more quickly understood, than if we had made it the sub- ject of the first chapter instead of the last. In con- clusion, there have been added a few brief hints and suggestions with reference to our political history. These remarks have been intentionally limited. It is no part of the purpose of this book to give an account of the doings of political parties under the Constitu- tion. But its study may fitly be supplemented by that of Professor Alexander Johnston's " History of American Politics." This arrangement not only proceeds from the sim- pler forms of government to the more complex, but it follows the historical order of development. From time immemorial, and down into the lowest strata of savagery that have come within our ken, there have been clans and tribes ; and, as is here shown, a town- ship was originally a stationary clan, and a county was originally a stationary tribe. There were town- ships and counties (or equivalent forms of organiza- tion) before there were cities. In like manner there were townships, counties, and cities long before there was anything in the world that could properly be called a state. I have remarked below upon the way in which English shires coalesced into little states, and in course of time the English nation was formed by the union of such little states, which lost their PREFACE. xiii statehood (i. e., their functions of sovereignty, though not their self-government within certain limits) in the process. Finally, in America, we see an enormous nationality formed by the federation of states which partially retain their statehood; and some of these states are themselves of national dimensions, as, for example, New York, which is nearly equal in area, quite equal in population, and far superior in wealth, to Shakespeare's England. In studying the local institutions of our different states, I have been greatly helped by the "Johns Hopkins University Studies in History and Politics," of which the eighth annual series is now in course of publication. In the course of the pages below I have frequent occasion to acknowledge my indebtedness to these learned and sometimes profoundly suggestive monographs ; but I cannot leave the subject without a special word of gratitude to my friend, Dr. Herbert Adams, the editor of the series, for the noble work which he is doing in promoting the study of American history. It had always seemed to me that the mere existence of printed questions in text-books proves that the pub- lishers must have rather a poor opinion of the aver- age intelligence of teachers ; and it also seemed as if the practical effect of such questions must often be to make the exercise of recitation more mechanical for both teachers and pupils, and to encourage the besetting sin of " learning by heart." Nevertheless, there are usually two sides to a case ; and, in deference to the prevailing custom, for which, no doubt, there is much to be said, full sets of questions have been appended to each chapter and section. It seemed de- sirable that such questions should be prepared by some one especially familiar with the use of school- xiy PREFACE. books ; and for these I have to thank Mr. F. A. Hill, Head Master of the Cambridge English High School. I confess that Mr. Hill's questions have considerably modified my opinion as to the merits of such appara- tus. They seem to add very materially to the useful- ness of the book. It will be observed that there are two sets of these questions, entirely distinct in character and purpose. The first set " Questions on the Text " is ap- pended to each section, so as to be as near the text as possible. These questions furnish an excellent top- ical analysis of the text. 1 In a certain sense they ask " what the book says," but the teacher is advised em- phatically to discourage any such thing as committing the text to memory. The tendency to rote-learning is very strong. I had to contend with it in teaching history to seniors at Harvard twenty years ago, but much has since been done to check it through the de- velopment of the modern German seminary methods. (For an explanation of these methods, see Dr. Herbert Adams on " Seminary Libraries and University Ex- tension," J. H. U. Studies, V., xi.) With younger students the tendency is of course stronger. It is only through much exercise that the mind learns how to let itself as Matthew Arnold used to say " play freely about the facts." In order to supply the pupil with some wholesome exercise of this sort, Mr. Hill has added, at the end of each chapter, a set of " Suggestive Questions and Directions." Here he has thoroughly divined the purpose of the book and done much to further it. 1 " This," says Mr. Hill, " will please those who prefer the topical method, while it does not forbid the easy transformation of topics to questions, which others may demand." In the table of contents I have made a pretty full topical analysis pf the book, which may prove useful for comparison with Mr. Hill's. PREFACE. xv Problems or cases are suggested for the student to consider, and questions are asked which cannot be disposed of by a direct appeal to the text. Some- times the questions go quite outside of the text, and relate to topics concerning which it provides no in- formation whatever. This has been done with a pur- pose. The pupil should learn how to go outside of the book and gather from scattered sources informa- tion concerning questions that the book suggests. In other words, he should begin to learn how to make researches, for that is coming to be one of the useful arts, not merely for scholars, but for men and women in many sorts of avocations. It is always useful, as well as ennobling, to be able to trace knowledge to its sources. Work of this sort involves more or less con- ference and discussion among classmates, and calls for active aid from the teacher ; and if the teacher does not at first feel at home in these methods, practice will nevertheless bring familiarity, and will prove most wholesome training. For the aid of teachers and pupils, as well as of the general reader who wishes to pursue the subject, I have added a bibliographical note at the end of each chapter, immediately after Mr. Hill's " Suggestive Questions and Directions." This particular purpose in my book must be care- fully borne in mind. It explains the omission of many details which some text-books on the same sub- ject would be sure to include. To make a manual complete and self-sufficing is precisely what I have not intended. The book is designed to be suggestive and stimulating, to leave the reader with scant in- formation on some points, to make him (as Mr. Samuel Weller says) " vish there wos more," and to show him how to go on by himself. I am well aware that, in making an experiment in this somewhat new direction, xvi PREFACE. nothing is easier than to fall into errors of judgment I can hardly suppose that this book is free from such errors ; but if in spite thereof it shall turn out to be in any way helpful in bringing the knowledge and use of the German seminary method into our higher schools, I shall be more than satisfied. Just here, let me say to young people in all parts of our country : If you have not already done so, it would be well worth while for you to organize a debating society in your town or village, for the dis- cussion of such historical and practical questions re- lating to the government of the United States as are suggested in the course of this book. Once started, there need be no end of interesting and profitable subjects for discussion. As a further guide to the books you need in studying such subjects, use Mr. W. E. Foster's "References to the Constitution of the United States," the invaluable pamphlet men- tioned below on page 277. If you cannot afford to buy the books, get the public library of your town or village to buy them ; or, perhaps, organize a small special library for your society or club. Librarians will naturally feel interested in such a matter, and will often be able to help with advice. A few hours every week spent in such wholesome studies cannot fail to do much toward the political education of the local community, and thus toward the general im- provement of the American people. For the ameli- oration of things will doubtless continue to be ef- fected in the future, as it has been effected in the past, not by ambitious schemes of sudden and uni- versal reform (which the sagacious man always sus- pects, just as he suspects all schemes for returning a fabulously large interest upon investments), but by the gradual and cumulative efforts of innumerable in- PREFACE. arm dividuals, each doing something to help or instruct those to whom his influence extends. He who makes two clear ideas grow where there was only one hazy one before, is the true benefactor of his species. In conclusion, I must express my sincere thanks to Mr. Thomas Emerson, superintendent of schools in Newton, for the very kind interest he has shown in my work, in discussing its plan with me at the outset, in reading the completed manuscript, and in offering valuable criticisms. CAMBRIDGE, August 5, 18901 PREFACE TO THIS EDITION. ONLY those who have subjected Mr. Fiske's book to the test of extended use with classes of varying ability can fully appreciate its merits as a text-book. It has the right point of view. A bold pioneer in the field of elementary text-books, followed by many imitators, it still stands without a peer in the emphasis it places upon the organic character of American gov- ernmental institutions. The realization that these have life, that they have their roots in the past, that they are still growing and adjusting themselves to changing conditions, is of far greater value to the student, young or old, than any number of dry details about present forms of government. It is progressive and interpretative in method. The student is led by natural and easy stages from the sim- plest to the highest development and application of Anglo-Saxon principles of government. Each upward step extends the horizon ; and the author, with the skill of the trained guide, is ever opening up new vistaa by rriii PREFACE. comparing objects near and remote. It is this which makes the book so suggestive, and suggestiveness in a text-book is of quite inestimable worth. Moreover, the free use of historical material, both in showing the origin of our own government and in recalling for purposes of comparison that which is sig- nificant in the institutions of other peoples, admirably adapts the book to the scheme of study planned by the Committee of Seven. It must not be assumed, how- ever, that the book is not for those who from lack of time or for any other reason must focus their atten- tion upon present forms and problems of government. Upon the next page I have indicated how easily the book may be used for a brief course in government, dealing with modern conditions and involving a mini- mum of history. Finally, the story of our government as here given is admirably told. Surely no argument is needed to establish the advantage of putting into the hands of young people a book written by one who has an assured place among the masters of English style. When asked to revise the book, my first resolve was studiously to avoid sacrificing merits which are none too common in an elementary text-book. Radical changes have not been attempted. Scope, plan, and spirit of the book remain unaltered. Minor inaccura- cies, the result of changed conditions, have been cor- rected. Some omissions have been made good. A fuller treatment of the federal executive departments and an account of our new island dependencies have been added. All of these changes are clearly indicated in the text by the use of brackets inclosing the new matter. The most distinctive addition to the book is the substitution of what is virtually a new discussion of American city government for Section 3 of Chapter V PREFACE. nx It has been written in the belief that the most vitally important of all American problems of government are municipal problems, and that in training for citi- zenship these are worthy of the first attention. An attempt has been made within the compass of twenty- five pages to state clearly the principal defects of American city government and the remedies which in the opinion of competent authorities give most promise of reform. A BRIEF COURSE DEALING WITH MODERN CONDITIONS AND INVOLVING A MINIMUM OF HISTORY. Chap. I. Taxation. Chap. II. Sec. 1. The New England Township. Chap. III. Sec. 2. The Modern County in Massachusetts. Sec. 3. The Old Virginia County. Chap. IV. The Local System under which the student lives. Chap. V. Sec. 1. Direct and Indirect Government. Sec. 3. Government of Cities in the United States, Chap. VI. Sec. 3. The State Governments. Chap. VIII. Sec. 2. The Federal Congress. Sec. 3. The Federal Executive. Sec. 4. The Nation and the States. Sec. 5. The Federal Judiciary. Sec. 6. Territorial Government. Sec. 7. Ratification and Amendments. Sec. 8. A Few Words about Politics. Thus within a little more than half of the book is included a direct, logical, and reasonably complete presentation of American government as it is. D. S. SANFORD. BROOKLINE, December 5, 1903. CONTENTS. CHAPTER I. TAXATION AND GOVERNMENT. PAGE "Too much taxes" 1,2 What is taxation ? 3 Taxation and eminent domain ...... 4 What is government ? 6 The "ship of state" 6 " The government " 6 Whatever else it may be, " the government " is the power which imposes taxes 7 Difference between taxation and robbery .... 8 Sometimes taxation is robbery 9 The study of history is full of practical lessons, and helpful to those who would be good citizens . . . 9, 10 Perpetual vigilance is the price of liberty ... 11 QUESTIONS ON THE TEXT 11, 12 SUGGESTIVE QUESTIONS AND DIRECTIONS . . 12-14 BIBLIOGRAPHICAL NOTE 14, 15 CHAPTER II. THE TOWNSHIP. 1. The New England Township. The most ancient and simple form of government . . 16 New England settled by church congregations . . 16, 17 Policy of the early Massachusetts government as to hind grants 17 xxii CONTENTS. Smallncss of the farms 18 Township and village 18 Social position of the settlers 19 The town-meeting ........ 19 Selectmen ; town-clerk 20 Town-treasurer ; constables ; assessors of taxes and over- seers of the poor 21 Act of 1647 establishing public schools .... 22 School committees 22, 23 Field-drivers and pound-keepers ; fence-viewers ; other town officers 23, 24 Calling the town-meeting 24 Town, county, and state taxes 26 Poll-tax 25 Taxes on real-estate ; taxes on personal property . . 26 When and where taxes are assessed .... 26, 27 Tax-lists 27 Cheating the government 28 The rate of taxation 28 Undervaluation; the burden of taxation .... 29 The " magic-fund " delusion 30 Educational value of the town-meeting .... 31 By-laws 31 Power and responsibility 32 There is nothing especially American, democratic, or meri- torious about " rotation in office " 32 QUESTIONS ON THE TEXT 32-34 2. Origin of the Township. Town-meetings in ancient Greece and Home . . .34 Clans; the mark and the tun 35 The Old-English township, the manor, and the parish 36, 37 The vestry-meeting 37 Parish and vestry clerks; beadles, way wardens, hay wards, common-drivers, churchwardens, etc. . . .38 Transition from the English parish to the New England township ......... 38, 39 Building of states out of smaller political units . . 39 Representation; shire-motes; Earl Simon's Parliament . 46 The township as the " unit of representation " in the shire- mote and in the General Court . . . . .41 Contrast with the Russian village-community which is not represented in the general government . ... 42 CONTENTS. xxiii QUESTIONS ON THE TEXT 43 SUGGESTIVE QUESTIONS AND DIRECTIONS . . 43-46 BIBLIOGRAPHICAL NOTE 46, 47 CHAPTER THE COUNTY. 1. The County in its Beginnings. Why do we have counties ? ....... 48 Clans and tribes ........ 49 The English nation, like the American, grew out of the union of small states ...... 49, 50 Ealdonnan and sheriff; shire-mote and county court 50, 51 The coroner, or " crown officer "..... 61, 52 Justices of the peace; the Quarter Sessions; the lord lieu- tenant .......... 52 Decline of the English county ; beginnings of counties in Massachusetts ........ 53 QUESTIONS ON THE TEXT ...... 54 2. The Modern County in Massachusetts. County commissioners, etc. ; shire-towns and court-houses 55 Justices of the peace, and trial justices .... 55, 56 The sheriff . . . ....... 56 QUESTIONS ON THE TEXT ..... 57 3. The Old Virginia County. Virginia sparsely settled ; extensive land grants to individ- uals ......... 67, 58 Navigable rivers ; absence of towns ; slavery ... 58 Social position of the settlers ...... 59 Virginia parishes ; the vestry was a close corporation 59, 60 Powers of the vestry ....... 60 The county was the unit of representation . . . .61 The county court was virtually a close corporation . . 61, 62 The county-seat, or Court House ..... 62 Powers of the court ; the sheriff ..... 63 The county-lieutenant ........ 64 Contrast between old Virginia and old New England, in re- spect of local government ...... 64, 65 xxiv CONTENTS. Jefferson's opinion of township government . . .65 Court-day " in old Virginia 66, 66 Virginia has been prolific in great leaders . . . 66, 67 QUESTIONS ON THE TEXT 67, 68 SUGGESTIVE QUESTIONS AND DIRECTIONS . . 68-70 BIBLIOGRAPHICAL NOTE . .... 70 CHAPTER IV. TOWNSHIP AND COUNTY. 1. Various Local Systems. Parishes in South Carolina ....... 71 The back country ; the " regulators " .... 72 The district system 72, 73 The modern South Carolina county 73, 74 The counties are too large 74 Tendency of the school district to develop into something like a township 74 Local institutions in colonial Maryland ; the hundred . . 75 Clans ; brotherhoods, or phratries ; and tribes . . 75 Origin of the hundred ; the hundred court ; the high con- stable 76 Decay of the hundred ; hundred-meeting in Maryland . 77 The hundred in Delaware ; the levy court, or representa- tive county assembly -78 . The old Pennsylvania county ...... 78 Town-meetings in New York 79 The county board of supervisors ..... 79, 80 QUESTIONS ON THE TEXT 80 2. Settlement of the Public Domain. Westward movement of population along parallels of lati- tude 81 Method of surveying the public lands . . . 81-83 Origin of townships in the West ..... 83 Formation of counties in the West . . . 84, 85 Some effects of this system ...... 85 The reservation of a section for public schools . . .86 In this reservation there were the germs of township gov- ernment . . .87 CONTENTS. xxv But at first the county system prevailed . . 87, 88 QUESTIONS ON THE TEXT 88 $ 3. The Representative Township-County System in the West. The town-meeting in Michigan ...... 89 Conflict between township and county systems in Illinois 89, 90 Effects of the Ordinance of 1787 90 Intense vitality of the township system . . . .91 County option and township option in Missouri, Nebraska, Minnesota, and Dakota 91, 92 Grades of township government in the West . . .92 An excellent result of the absence of centralization in the United States 93 Effect of the self-governing school district in the South, in preparing the way for the self-governing township . . 94 QUESTIONS ON THE TEXT 94, 95 SUGGESTIVE QUESTIONS AND DIRECTIONS . . 95, 96 BIBLIOGRAPHICAL NOTE . . .97 CHAPTER V. THE CITY. 1. Direct and Indirect Government. Summary of the foregoing results ; township government is direct, county government is indirect ... 98 Representative government is necessitated in a county by the extent of territory, and in a city by the multitude of people 100 Josiah Quincy's account of the Boston town-meeting in 1820 100, 101 Government more complex as population increases . 101, 102 City charters obtained from the state legislature . . 102 Distinctions between towns and cities in America and in England 102, 103 QUESTIONS ON THE TEXT .... 103, 104 2. Origin of English Boroughs and Cities. Origin of the chesters and casters in Roman camps . . 104 Coalescence of towns into fortified boroughs . . 104, 105 The borough as a hundred ; it acquires a court . . . 105 CONTENTS. The borough as a county ; it acquires a sheriff . . 105 Government of London under Henry I. ... 105, 106 The guilds ; the town guild, and Guild Hall . . 106, 107 Government of London as perfected in the thirteenth cen- tury; mayor, aldermen, and common council . . 107, 108 The city of London, and the metropolitan district . . 108 English cities were for a long time the bulwarks of liberty 108, 109 Simon de Montfort and the cities .... 109, 110 Oligarchical abuses in English cities, beginning with the Tudor period . . . . . . . . . 110 The Municipal Reform Act of 1835 . . . .110 Government of the city of New York before the Revolution 1 10-1 12 Changes after the Revolution 112 City government in Philadelphia in the eighteenth cen- tury 112,113 The very tradition of good government was lacking in these cities 114 QUESTIONS ON .THE TEXT 114, 115 3. The Government of Cities in the United States. Functions of the modern municipality . . . 115-120 American cities derive authority from state legislature . 120 Organization of American city governments . . 121, 122 American city governments do not work well . . . 123 Rapid growth of American cities ..... 124 Consequences of rapid growth .... 124, 125 Actual defects of American cities .... 125-127 Causes 127, 128 Root of trouble, " too much politics " . . . . . 128 Confusion of national, state, and local issues . . 128, 129 Divided authority 129, 130 Interference of state legislature .... 131, 132 Comparison of city with business corporation . . 133, 134 Specific reforms proposed 135-137 Two schools of reformers 137, 138 Plan of concentrating power in municipal council . . 138 Plan of concentrating power in hands of mayor . . 138, 139 Duty of individual citizen 140 QUESTIONS ON THE TEXT 140-142 SUGGESTIVE QUESTIONS AND DIRECTIONS . 142-144 BIBLIOGRAPHICAL NOTE 144, 145 CONTENTS. xxvn CHAPTER VI. THE STATE. 1. The Colonial Governments. Claims of Spain to the possession of North America . . 146 Claims of France and England .... 146, 147 The London and Plymouth Companies .... 147 Their common charter ....... 148 Dissolution of the two companies ..... 149 States formed in the three zones .... 149-151 Formation of representative governments ; House of Bur- gesses in Virginia ....... 151, 152 Company of Massachusetts Bay .... 152, 153 Transfer of the charter from England to Massachusetts 153 The General Court ; assistants and deputies . . 153, 154 Virtual independence of Massachusetts, and quarrels with the Crown 154, 155 New charter of Massachusetts in 1692 ; its liberties cur- tailed 155 Republican governments in Connecticut and Rhode Island 155 Counties palatine in England ; proprietary charter of Mary- land 156, 157 Proprietary charter of Pennsylvania 158 Quarrels between Penns and Calverts ; Mason and Dixon's line 188 Other proprietary governments 158, 159 They generally became unpopular ..... 159 At the time of the Revolution there were three forms of co- lonial government : 1. Republican ; 2. Proprietary ; 3. Royal 160 (After 1692 the government of Massachusetts might be de- scribed as semi-royal) 160 In all three forms there was a representative assembly, which alone could impose taxes .... 160, 161 The governor's council was a kind of upper house . . 161 The colonial government was much like the English system in miniature . . . . . . . . 162 The Americans never admitted the supremacy of parlia- ment 162, 163 Except in the regulation of maritime commerce . . . 163 xxviii CONTENTS. In England there grew up the theory of the imperial su- premacy of parliament 163 And the conflict between the British and American theories was precipitated by becoming involved in the political schemes of George III. ....... 164 QUESTIONS ON THE TEXT .... 165-167 2. The Transition from Colonial to State Governments. Dissolution of assemblies and parliaments . . . 167, 168 Committees of correspondence ; provincial congresses 168, 169 Provisional governments ; " governors " and " presi- dents " 169, 170 Origin of the senates 170 Likenesses and differences between British and American Systems 171 QUESTIONS ON THE TEXT 172 3. The State Governments. Later modifications ........ 173 Universal suffrage ........ 173 Historical reasons for restriction of suffrage to men . 174 Suffrage rights of women at present time . . . 174, 175 Separation between legislative and executive departments ; its advantages and disadvantages as compared with the European plan ....... 175, 176 In our system the independence of the executive is of vital importance ......... 176 The state executive 177 The governor's functions : 1. adviser of legislature ; 2. commander of state militia ; 3. royal prerogative of pardon ; 4. veto power 178, 179 Importance of the veto power as a safeguard against cor- ruption 179 In building the state, the local self-government was left un- impaired 179, 180 Instructive contrast with France .... 180, 181 Some causes of French political incapacity .... 181 Vastness of the functions retained by the states in the Amer- ican Union 182-184 Illustration from recent English history . . . 184, 185 Independence of the state courts ..... 185 Constitution of the state courts ..... 185. 186 CONTENTS. xxix The pry system 186, 187 Elective and appointive judges 187, 188 QUESTIONS ON THE TEXT .... 189, 190 SUGGESTIVE QUESTIONS AND DIRECTIONS . . 190-194 BIBLIOGRAPHICAL NOTE .... 194 CHAPTER VII. WRITTEN CONSTITUTIONS. In the American state there is a power above the legis- lature 195 Germs of the idea of a written constitution . . . 196 Development of the idea of contract in Roman law ; medi- aeval charters 196, 197 The "Great Charter" (1215) 197 The Bill of Rights (1689) 198 Foreshadowing of the American idea by Sir Harry Vane (1656) 199, 200 The Mayflower compact (1620) 200 The " Fundamental Orders " of Connecticut (1639) 200, 201 Germinal development of the colonial charter toward the modern state constitution ...... 201 Abnormal development of some recent state constitutions encroaching upon the legislature ..... 202 The process of amending constitutions .... 203 The Swiss " Referendum " 204 QUESTIONS ON THE TEXT 204-206 SUGGESTIVE QUESTIONS AND DIRECTIONS . 206-207 BIBLIOGRAPHICAL NOTE . 208 CHAPTER VIII. THE FEDERAL UNION. 1. Origin of the Federal Union. Circumstances favourable to the union of the colonies . 209, 210 The New England Confederacy (1643-84) . . . 210 Albany Congress (1754); Stamp Act Congress (1765) ; committees of correspondence (1772-75) . . . 211 CONTENTS. The Continental Congress (1774-89) . . . .212 The several states were never at any time sovereign states . 213 The Articles of Confederation 213 Nature and powers of the Continental Congress . . 213, 214 It could not impose taxes, and therefore was not fully en- dowed with sovereignty ..... 214, 215 Decline of the Continental Congress 216 Weakness of the sentiment of union ; anarchical tenden- cies 216,217 The Federal Convention (1787) 217-219 QUESTIONS ON THE TEXT .... 219, 220 2. The Federal Congress. The House of Representatives 220, 221 The three fifths compromise . . . . . .221 The Connecticut compromise 222 The Senate 223 Electoral districts; the "Gerrymander" . . . 224,225 The election at large 226 Time of assembling 226, 227 Privileges of members 227 The Speaker 228 Impeachment in England ; in the United States . . 229 The president's veto power ....... 230 QUESTIONS ON THE TEXT .... 231, 232 3. The Federal Executive. The title of " President " 232 The electoral college 233, 234 The Twelfth Amendment 235 The electoral commission (1877) ..... 236 Provisions against a lapse of the presidency . . 236, 237 Original purpose of the electoral college not fulfilled 237, 238 Electors formerly chosen in many states by districts ; now always on a general ticket ...... 238 " Minority presidents " 238,239 Advantages of the electoral system ..... 239 Nomination of candidates by congressional caucus (1800-24) 240 Nominating conventions ; the " primary " ; the district con- vention ; the national convention .... 240, 241 Qualifications for the presidency ; the term of office 241, 242 Powers and duties of the president .... 242, 243 CONTENTS. xxxi The president's message > . 243 Executive departments ; the cabinet .... 244 The secretary of state ........ 245 Diplomatic and consular service ..... 246 The secretary of the treasury 247 War and navy departments, post-office department . . 248 Departments of interior, justice, and agriculture . . . 249 Department of commerce and labor 250 QUESTIONS ON THE TEXT 250-253 4. The Nation and the States. Difference between confederation and federal union . 253, 254 Powers granted to Congress ...... 254 The " Elastic Clause " 255 Powers denied to the states 255 Evils of an inconvertible paper currency . . . 265, 256 Powers denied to Congress ...... 257 Bills of attainder 257 Intercitizenship ; mode of making amendments . . 258 QUESTIONS ON THB TEXT 259, 260 5. The Federal Judiciary. Need for a federal judiciary ...... 260 Federal courts and judges ...... 260, 261 District attorneys and marshals 261 The federal jurisdiction ...... 261, 262 QUESTIONS ON THE TEXT 262 6. Territorial Government. The Northwest Territory and the Ordinance of 1787 . . 263 Louisiana Purchase ........ 263 Other territories and their governments .... 264 New dependencies 265 Hawaiian Islands ........ 265 Cuba, Porto Rico, and the Philippines . . . 266, 267 New problems of government 267 Beneficent work of United States government . . 268 QUESTIONS ON THE TEXT 268 7. Ratification and Amendments. Provisions for ratification 269 Concessions to slavery . . . ... . . . 269 xxxii CONTENTS. Demand for a bill of rights 269, 270 The first ten amendments ....... 270 QUESTIONS ON THE TEXT 271 8. A Few Wards about Politics. Federal taxation 271 Hamilton's policy ; excise ; tariff .... 271-273 Origin of American political parties ; strict and loose con- struction of the Elastic Clause ..... 273 Tariff, Internal Improvements, and National Bank . . 274 Civil service reform 276 Origin of the " spoils system " in the state politics of New York and Pennsylvania ...... 276 " Rotation in office ; " the Crawford Act .... 276 How the " spoils system " was made national . . . 277 The Civil Service Act of 1883 278 The Australian ballot 279 The English system of accounting for election expenses . 280 QUESTIONS ON THE TEXT .... 281-283 SUGGESTIVE QUESTIONS AND DIRECTIONS . . 283-286 BIBLIOGRAPHICAL NOTE 286-292 APPENDIX. A. The Articles of Confederation ..... 293 B. The Constitution of the United States . . . 301 C. Magna Charta 322 D. Part of the Bill of Rights, 1689 .... 339 E. The Fundamental Orders of Connecticut . . . 343 F. The States classified according to origin . . 349 G. Table of states and territories ..... 350 H. Population of the United States 1790-1900, with per- centages of urban population .... 351 I. An Examination Paper for Customs Clerks . . . 351 J. The New York Corrupt Practices Act of 1890 . 356 K. Specimen of an Australian ballot .... 361 INDEX 367 CIVIL GOVERNMENT IN THE UNITED STATES, CONSIDERED WITH SOME REFER- ENCE TO ITS ORIGINS. CHAPTER I. TAXATION AND GOVERNMENT. IN that strangely beautiful story, "The Cloister and the Hearth," in which Charles Reade has drawn such a vivid picture of human life at the close of the Middle Ages, there is a good description of the siege of a revolted town by the army of the Duke of Bur- gundy. Arrows whiz, catapults hurl their ponderous stones, wooden towers are built, secret mines are ex- ploded. The sturdy citizens, led by a tall knight who seems to bear a charmed life, baffle every device of the besiegers. At length the citizens capture the brother of the duke's general, and the besiegers cap- ture the tall knight, who turns out to be no knight after all, but just a plebeian hosier. The duke's gen- eral is on the point of ordering the tradesman who has made so much trouble to be shot, but the latter still remains master of the situation ; for, as he dryly observes, if any harm comes to him, the enraged citi- zens will hang the general's brother. Some parley ensues, in which the shrewd hosier promises for the townsfolk to set free their prisoner and pay a round 2 TAXATION AND GOVERNMENT. sum of money if the besieging army will depart and leave them in peace. The offer is accepted, and so the matter is amicably settled. 'As the worthy citizen is about to take his leave, the general ventures a word of inquiry as to the cause of the town's revolt. " What, then, is your grievance, my good friend ? " Our ho- "TOO much s ^ er knight, though deft with needle and keen with lance, has a stammering tongue. He answers : " Tuta tuta tuta tuta too much taxes ! " " Too much taxes : " those three little words fur- nish us with a clue wherewith to understand and ex. plain a great deal of history. A great many sieges of towns, so horrid to have endured though so pictur- esque to read about, hundreds of weary marches and deadly battles, thousands of romantic plots that have led their inventors to the scaffold, have owed their origin to questions of taxation. The issue between the ducal commander and the warlike tradesman has been tried over and over again in every country and in every age, and not always has the oppressor been so speedily thwarted and got rid of. The questions as to how much the taxes shall be, and who is to decide how much they shall be, are always and in every stage of society questions of most fundamental importance. And ever since men began to make history, a very large part of what they have done, in the way of making history, has been the attempt to settle these questions, whether by discussion or by blows, whether in council chambers or on the battlefield. The French Revolution of 1789, the most terrible political convul- sion of modern times, was caused chiefly by " too much taxes," and by the fact that the people who paid the taxes were not the people who decided what the taxes were to be. Our own Revolution, which made TAXATION AND GOVERNMENT. 3 the United States a nation independent of Great Brit- ain, was brought on by the disputed question as to who was to decide what taxes American citizens must pay. What, then, are taxes ? The question is one which is apt to come up, sooner or later, to puzzle children. They find no difficulty in understanding the butcher's bill for so many pounds of meat, or the tailor's bill for so many suits of clothes, where the value received is something that can be seen and handled. But the tax bill, though it comes as inevitably as the What is tax . autumnal frosts, bears no such obvious rela- atlon? tion to the incidents of domestic life ; it is not quite so clear what the money goes for ; and hence it is apt to be paid by the head of the household with more or less grumbling, while for the younger members of the family it requires some explanation. It only needs to be pointed out, however, that in every town some things are done for the benefit of all the inhabitants of the town, things which concern one person just as much as another. Thus roads are made and kept in repair, school-houses are built and salaries paid to school-teachers, there are constables who take criminals to jail, there are engines for putting out fires, there are public libraries, town cemeteries, and poor-houses. Money raised for these purposes, which are supposed to concern all the inhabitants, is sup- posed to be paid by all the inhabitants, each one fur- nishing his share ; and the share which each one pays is his town tax. From this illustration it would appear that taxes are private property taken for public purposes ; and in making this statement we come very near the truth. Taxes are portions of private property which a gov- ernment takes for its public purposes, Before going 4 TAXATION AND GOVERNMENT. farther, let us pause to observe that there is one other way, besides taxation, in which government eminent do- sometimes takes private property for public purposes. Roads and streets are of great importance to the general public ; and the government of the town or city in which you live may see fit, in opening a new street, to run it across your garden, or to make you move your house or shop out of the way for it In so doing, the government either takes away or damages some of your property. It exercises rights over your property without asking your permission. This power of government over private property is called "the right of eminent domain." It means that a man's private interests must not be allowed to ob- struct the interests of the whole community in which he lives. But in two ways the exercise of eminent domain is unlike taxation. In the first place, it is only occasional, and affects only certain persons here or there, whereas taxation goes on perpetually and affects all persons who own property. In the second place, when the government takes away a piece of your land to make a road, it pays you money in return for it ; perhaps not quite so much as you believe the piece of land was worth in the market ; the aver- age human nature is doubtless such that men seldom give fair measure for measure unless they feel com- pelled to, and it is not easy to put a government un- der compulsion. Still it gives you something ; it does not ask you to part with your property for nothing. Now in the case of taxation, the government takes your money and seems to make no return to you indi- vidually ; but it is supposed to return to you the value of it in the shape of well-paved streets, good schools, efficient protection against criminals, and so forth. In giving this brief preliminary definition of taxes TAXATION AND GOVERNMENT. 5 and taxation, we have already begun to speak of " the government " of the town or city in which you live. We shall presently have to speak of other i' govern- ments," as the government of your state and the government of the United States ; and we shall now and then have occasion to allude to the gov- i What fa ernments of other countries in which the peo- govern- ment ? pie are free, as, for example, England ; and of some countries hi which the people are not free, as, for example, Russia. It is desirable, therefore, that we should here at the start make sure what we mean by " government," in order that we may have a clear idea of what we are talking about. Our verb " to govern " is an Old French word, one of the great host of French words which became a part of the English language between the eleventh and fourteenth centuries, when so much French was spoken in England. The French word was gouverner, and its oldest form was the Latin gubernare, a word which the Romans borrowed from the Greek, and meant originally " to steer the ship." Hence it very naturally came to mean " to guide," " to direct," " to command." The comparison between governing and steering was a happy one. To govern is not to com- mand as a master commands a slave, but it is to issue orders and give directions for the common good ; for the interests of the man at the helm are the same as those of the people in the ship. All must Th e " B hi P float or sink together. Hence we sometimes of Btate -" speak of the " ship of state," and we often call th< state a " commonwealth," or something in the weal o* welfare of which all the people are alike interested. Government, then, is the directing or managing of such affairs as concern all the people alike, as, f Or example, the punishment of criminals, the enforce- 6 TAXATION AND GOVERNMENT. ment of contracts, the defence against foreign enemies, the maintenance of roads and bridges, and so on. To the directing or managing of such affairs all the peo- ple are expected to contribute, each according to his ability, in the shape of taxes. Government is some- thing which is supported by the people and kept alive by taxation. There is no other way of keeping it alive. The business of carrying on government of steer- ing the ship of state either requires some special training, or absorbs all the time and attention of those who carry it on ; and accordingly, in all coun- tries, certain persons or groups of persons are se- lected or in some way set apart, for longer or shorter periods of time, to perform the work of government. Such persons may be a king with his council, as in the England of the twelfth century ; or a parliament led by a responsible ministry, as in the England of to-day ; or a president and two houses of congress, as in the United States ; or a board of selectmen, as in a New England town. When we speak of " a government " or "the government," we often mean the group o f persons thus set apart for carrying on the work of government. Thus, by " the Glad- stone government " we mean Mr.' Gladstone, with his colleagues in the cabinet and his Liberal majority in the House of Commons ; and by " the Lincoln gov- ernment," properly speaking, was meant President Lincoln, with the Republican majorities in the Senate and House of Representatives. " The government " has always many things to do, and there are many different lights in which we might regard it. But for the present there is one thing which we need especially to keep in mind. "The government " is the power which can rightfully take TAXATION AND GOVERNMENT. 1 away a part of your property, in the shape of taxes, to be used for public purposes. A government is not worthy of the name, and cannot long be kept in exist- ence, unless it can raise money by taxation, whatever and use force, if necessary, in collecting its {^"tuT 7 taxes. The only general government of the j^t"'i United States during the Revolutionary War, S wer and for six years after its close, was the Con- taxe8> tinental Congress, which had no authority to raise money by taxation. In order to feed and clothe the army and pay its officers and soldiers, it was obliged to ask for money from the several states, and hardly ever got as much as was needed. It was obliged to borrow millions of dollars from France and Holland, and to issue promissory notes which soon became worthless. After the war was over it became clear that this so-called government could neither preserve order nor pay its debts, and accordingly it ceased to be respected either at home or abroad, and it became necessary for the American people to adopt a new form of government. Between the old Continental Congress and the government under which we have lived since 1789, the differences were many ; but by far the most essential difference was that the new gov- ernment could raise money by taxation, and was thus enabled properly to carry on the work of governing. If we are in any doubt as to what is really the government of some particular country, we cannot do better than observe what person or persons in that country are clothed with authority to tax the people. Mere names, as customarily applied to governments, are apt to be deceptive. Thus in the middle of the eighteenth century France and England were both called " kingdoms ; " but so far as kingly power was concerned, Louis XV. was a very different sort of a 8 TAXATION AND GOVERNMENT. king from George II. The French king could impose taxes on his people, and it might therefore be truly said that the government of France was in the king. Indeed, it was Louis XV.'s immediate predecessor who made the famous remark, " The state is myself." But the English king could not impose taxes ; the only power in England that could do that was the House of Commons, and accordingly it is correct to say that in England, at the time of which we are speaking, the government was (as it still is) in the House of Com- mons. I say, then, the most essential feature of a govern- ment or at any rate the feature with which it is most important for us to become familiar at the start is its power of taxation. The government is that Difference which taxes. If individuals take away some between o y Our property for purposes of their own, taxation and robbery, jj. j g ro bbery ; you lose your money and get nothing in return. But if the government takes away some of your property in the shape of taxes, it is sup- posed to render to you an equivalent in the shape of good government, something without which our lives and property would not be safe. Herein seems to lie the difference between taxation and robbery. When the highwayman points his pistol at me and I hand him my purse and watch, I am robbed. But when I pay the tax-collector, who can seize my watch or sell my house over my head if I refuse, I am simply pay- ing what is fairly due from me toward supporting the government. In what we have been saying it has thus far been assumed that the government is in the hands of up- right and competent men and is properly administered. It is now time to observe that robbery may be com- mitted by governments as well as by individuals. If TAXATION AND GOVERNMENT. 9 the business of governing is placed in the hands of men who have an imperfect sense of their duty toward the public, if such men raise money by taxa- .11 i i . i Sometimes tion and then spend it on their own pleas- taxation w ures, or to increase their political influence, or for other illegitimate purposes, it is really robbery, just as much as if these men were to stand with pis- tols by the roadside and empty the wallets of people passing by. They make a dishonest use of their high position as members of government, and extort money for which they make no return in the shape of ser- vices to the public. History is full of such lament- able instances of misgovernment, and one of the most important uses of the study of history is to teach us how they have occurred, in order that we may learn how to avoid them, as far as possible, in the future. When we begin in childhood the study of history we are attracted chiefly by anecdotes of heroes and their battles, kings and their courts, how the j^ 6 gtudy Spartans fought at Thermopylae, how Alfred of histor y- let the cakes burn, how Henry VIII. beheaded his wives, how Louis XIV. used to live at Versailles. It is quite right that we should be interested in such per- sonal details, the more so the better ; for history has been made by individual men and women, and until we have understood the character of a great many of those who have gone before us, and how they thought and felt in their time, we have hardly made a fair beginning in the study of history. The greatest his- torians, such as Freeman and Mommsen, show as lively an interest in persons as in principles ; and I would not give much for the historical theories of a man who should declare himself indifferent to little personal details. Some people, however, never outgrow the child's 10 TAXATION AND GOVERNMENT. notion of history as merely a mass of pretty anec- dotes or stupid annals, without any practical bearing upon our own every-day life. There could not be a greater mistake. Very little has happened in the past which has not some immediate prac- It is full of r . , . _ _ _ r , practical tical lessons for us ; and when we study his- l^yfluUS " tory in order to profit by the experience of our ancestors, to find out wherein they succeeded and wherein they failed, in order that we may emulate their success and avoid their errors, then history be- comes the noblest and most valuable of studies. It then becomes, moreover, an arduous pursuit, at once oppressive and fascinating from its endless wealth of material, and abounding in problems which the most diligent student can never hope completely to solve. Few people have the leisure to undertake a syste- matic and thorough study of history, but every one ought to find time to learn the principal features of the governments under which we live, and to get some inkling of the way in which these governments have come into existence and of the causes which have made them what they are. Some such and helpful r AT. J to those who knowledge is necessary for the proper dis- would be ?.. f i T i- i good citi- charge 01 the duties ot citizenship. Political rens - -i 11 11 questions, great and small, are perpetually arising, to be discussed in the newspapers and voted on at the polls ; and it is the duty of every man and woman, young or old, to try to understand them. That is a duty which we owe, each and all of us, to ourselves and to our fellow-countrymen. For if such questions are not settled in accordance with knowledge, they will be settled in accordance with ignorance ; and that is a kind of settlement likely to be fraught with results disastrous to everybody. It cannot be too often repeated that eternal vigilance is the price of lib- TAXATION AND GOVERNMENT. 11 erty. People sometimes argue as if they supposed that because our national government is called a re- public and not a monarchy, and because we Eterna i have free schools and universal suffrage, therefore our liberties are forever secure. Ubert y- Our government is, indeed, in most respects, a marvel of political skill ; and in ordinary times it runs so smoothly that now and then, absorbed as most of us are in domestic cares, we are apt to forget that it will not run of itself. To insure that the government of the nation or the state, of the city or the township, shall be properly administered, requires from every citizen the utmost watchfulness and intelligence of which he is capable. QUESTIONS ON THE TEXT. To the teacher. Encourage full answers. Do not permit any- thing like committing the text to memory. In the long run the pupil who relies upon his own language, however inferior it may be to that of the text, is better off. Naturally, with thoughtful study, the pupil's language will feel the influence of that of the text, and so improve. The important thing in any answer is the fundamental thought. This idea once grasped, the expres- sion of it may receive some attention. The expression will often be broken and faulty, partly because of the immaturity of the pupil, and partly because of the newness and difficulty of the theme. Do not let the endeavour to secure excellent expression check a certain freedom and spontaneity that should be encoiir- aged in the pupil. When the teacher desires to place special stress on excellent presentation, it is wise to assign topics before- hand, so that each pupil^ may know definitely what is expected of him, and prepare himself accordingly. 1. Tell the story that introduces the chapter. 2. What lesson is it designed to teach ? 3. What caused the French Revolution ? 4. What caused the American Revolution ? 5. Compare the tax bill with that of the butcher or tailor. 6. What are taxes raised for in a town ? For whose benefit ? jr. Define taxes. 12 TAXATION AND GOVERNMENT. 8. Define the right of eminent domain. 9. Distinguish between taxes and the right of eminent domain. 10. What is the origin of the word "govern " ? 1 1 . Define government. 1 2. By whom is it supported, how is it kept alive, and by whom is it carried on ? 13. Give illustrations of governments. 14. What one power must government have to be worthy of the name? 15. What was the principal weakness of the government during the American Revolution ? 1 6. Compare this government with that of the United States since 1789. 1 7. If it is doubtful what the real government of a country is, how may the doubt be settled ? 1 8. Illustrate by reference to France and England in the eigh- teenth century. 19. What is the difference between taxation and robbery ? 20. Under what conditions may taxation become robbery ? 21. To what are we easily attracted in our first study of history ? 22. What ought to be learned from history ? 23. What sort of knowledge is helpful in discharging the duties of citizenship ? 24. Show how " eternal vigilance is the price of liberty." SUGGESTIVE QUESTIONS AND DIRECTIONS. To the teacher. The object of this series of questions and suggestions is to stimulate reading, investigating, and thinking. It is not expected, indeed it is hardly possible, that each pupil shall respond to them all. A single question may cost prolonged study. Assign the numbers, therefore, to individuals to report upon at a subsequent recitation, one or more to each pupil, according to the difficulty of the numbers. Reserve some for class consideration or discussion. Now and then let the teacher answer a question himself, partly to furnish the pupils with good examples of answers, and partly to insure attention to matters that might otherwise escape notice. 1. Are there people who receive no benefit from their payment of taxes ? 2. Are the benefits received by people in proportion to the amounts paid by them ? TAXATION AND GOVERNMENT. 18 3. Show somewhat fully what taxes had to do with the French Revolution. 4. Show somewhat fully what taxes had to do with the American Revolution. 5. Give illustrations of the exercise of the right of eminent domain in your own town or county or state. 6. Do railroad corporations exercise such a right ? How do they succeed in getting land for their tracks ? 7. In case of disagreement, how is a fair price determined for property taken by eminent domain ? 8. What persons are prominent to-day in the government of your own town or city ? Of your own county ? Of your own state ? Of the United States ? 9. Who constitute the government of the school to which you belong ? Does this question admit of more than one answer ? Has the government of your school any power to tax the people to support the school ? 10. What is the difference between a state and the government of a state ? 11. Which is the more powerful branch of the English Parlia- ment ? Why ? 12. Is it a misuse of the funds of a city to provide entertain- ments for the people July 4 ? To expend money in en- tertaining distinguished guests ? To provide flowers* carriages, cigars, wines, etc., for such guests ? 13. What is meant by subordinating public office to private ends ? Cite instances from history. 14. What histories have you read ? What one of them, if any, would you call a " child's history," or a " drum and trum- pet" history ? What one of them, if any, has impressed any lessons upon you ? 15. Mention some principles that history has taught you. 16. Mention a few offices, and tell the sort of intelligence that is needed by the persons who hold them. What results might follow if such intelligence were lacking ? 14 TAXATION AND GOVERNMENT. BIBLIOGRAPHICAL NOTE. It is designed in the bibliographical notes to indicate some au- thorities to which reference may be made for greater detail than is possible in an elementary work like the present. It is be- lieved that the notes will prove a help to teacher and pupil in special investigations, and to the reader who may wish to make selections from excellent sources for purposes of self-culture. It is hardly necessary to add that it is sometimes worth much to the student to know where valuable information may be ob- tained, even when it is not practicable to make immediate use of it. Certain books should always be at the teacher's desk during the instruction in civil government, and as easily accessible as the large dictionary ; as, for instance, the following : The Gen- eral Statutes of the state, the manual or blue-book of the state legislature, and, if the school is in a city, the city charter and ordinances. It is also desirable to add to this list the statutes of the United States and a manual of Congress or of the general government. Manuals may be obtained through representatives in the state legislature and in Congress. They will answer nearly every purpose if they are not of the latest issue. The States- man's Year Book, published by Macmillan & Co., New York, every year, is exceedingly valuable for reference. Certain al- manacs, particularly the comprehensive ones issued by the New York Tribune and the New York World, are rich in state and national statistics, and so inexpensive as to be within everybody's TAXATION AND GOVERNMENT. As to the causes of the American revolution, see my War of Independence, Boston, 1889 ; and as to the weakness of the government of the United States before 1789, see my Critical Period of American History, Boston, 1888. As to the causes of the French revolution, see Paul Lacombe, The Growth of a People, N. Y., 1883, and the third volume of Kitchin's History of France, London, 1887 ; also Morse Stephens, The French Revolution, vol. i., N. Y., 1887 ; Taine, The Ancient Regime, N. Y., 1876, and The Revolution, 2 vols., N. Y., 1880. The student may read with pleasure and profit Dickens's Tale of Two Cities, For the student familiar TAXATION AND GOVERNMENT. 15 with French, an excellent book is Albert Babeau, Le Village sous Vanden Regime, Paris, 1879 ; see also Tocqueville, L'ancien Regime et la Revolution, 7th ed., Paris, 1866. There is a good sketch of the causes of the French revolution in the fifth volume of Lecky's History of England in the Eighteenth Century, N. Y., 1887 ; see also Buckle's History of Civilization, chaps, xii.-xiv. There is no better commentary on my first chapter than the lurid history of France in the eighteenth century. The strong contrast to English and American history shows us most instructively what we have thus far escaped. CHAPTER n. THE TOWNSHIP. 1. The New England Township. OF the various kinds of government to be found in the United States, we may begin by considering that of the New England township. As we shall presently see, it is in principle of all known forms of govern- ment the oldest as well as the simplest. Let us ob- serve how the New England township grew up. When people from England first came to dwell in the wilderness of Massachusetts Bay, they settled in groups upon small irregular-shaped patches of land, which soon came to be known as townships. There were several reasons why they settled thus in small groups, instead of scattering about over the country and carving out broad estates for themselves. In the first place, their principal reason for coming undwas to New England was their dissatisfaction settled by . . church con- with the way in which church affairs were gregations. " managed in the old country. They wished to bring about a reform in the church, in such wise that the members of a congregation should have more voice than formerly in the church-government, and that the minister of each congregation should be more independent than formerly of the bishop and of the civil government. They also wished to abolish sun- dry rites and customs of the church of which they THE NEW ENGLAND TOWNSHIP. 17 had come to disapprove. Finding the resistance to their reforms quite formidable in England, and having some reason to fear that they might be themselves crushed in the struggle, they crossed the ocean in order to carry out their ideas in a new and remote country where they might be comparatively secure from interference. Hence it was quite natural that they should come in congregations, led by their favour- ite ministers, such men, for example, as Higginson and Cotton, Hooker and Davenport. When such men, famous in England for their bold preaching and imperilled thereby, decided to move to America, a considerable number of their parishioners would de- cide to accompany them, and similarly minded members of neighbouring churches would leave their own pastor and join in the migration. Such a group of people, arriving on the coast of Massachusetts, would natu- rally select some convenient locality, where they might build their houses near together and all go to the same church. This migration, therefore, was a movement, not of individuals or of separate families, but of church- congregations, and it continued to be so as the settlers made their way inland and westward. The first river towns of Connecticut were founded by congregations coming from Dorchester, Cambridge, and Watertown, This kind of settlement was favoured by the govern- ment of Massachusetts, which made grants . ,..,,, . Land grants. of land, not to individuals but to companies of people who wished to live together and attend the same church. In the second place, the soil of New England was not favourable to the cultivation of great quantities of staple articles, such as rice or tobacco, so that there was nothing to tempt people to undertake exten- 18 THE TOWNSHIP. sive plantations. Most of the people lived on small farms, each family raising but little more than enough food for its own support ; and the small size Small farm*. ** . of the farms made it possible to have a good many in a compact neighbourhood. It appeared also that towns could be more easily defended against the Indians than scattered plantations ; and this doubtless helped to keep people together, although if there had been any strong inducement for solitary pioneers to plunge into the great woods, as in later years so often happened at the West, it is not likely that any dread of the savages would have hindered them. Thus the. early settlers of New England came to live in townships. A township would consist of about as many farms as could be disposed within convenient distance from the meeting-house, where all the inhab- tants, young and old, gathered every Sunday, coming on horseback or afoot. The meeting-house was thus Township centrally situated, and near it was the town nd village, pasture or " common," with the school-house and the block-house, or rude fortress for defence against the Indians. For the latter building some commanding position was apt to be selected, and hence we so often find the old village streets of New Eng- land running along elevated ridges or climbing over beetling hilltops. Around the meeting-house and common the dwellings gradually clustered into a vil- lage, and after a while the tavern, store, and town- house made their appearance. Among the people who thus tilled the farms and built up the villages of New England, the differences in what we should call social position, though notice- able, were not extreme. While in England some had been esquires or country magistrates, or " lords of the manor," a phrase which does not mean a member THE NEW ENGLAND TOWNSHIP. 19 of the peerage, but a landed proprietor with dependent tenants ; 1 some had been yeomen, or persons holding farms by some free kind of tenure ; some had been artisans or tradesmen in cities, tion of set- All had for many generations been more or less accustomed to self-government and to public meet- ings for discussing local affairs. That self-govern- ment, especially as far as church matters were con- cerned, they were stoutly bent upon maintaining and extending. Indeed, that was what they had crossed the ocean for. Under these circumstances they de- veloped a kind of government which we may describe in the present tense, for its methods are pretty much the same to-day that they were two centuries ago. In a New England township the people directly govern themselves ; the government is the people, or, to speak with entire precision, it is all the male inhab- itants of one-and-twenty years of age and upwards. The people tax themselves. Once each year, usually in March but sometimes as early as February or as late as April, a " town-meeting " is held, at -n^ town . which all the grown men of the township are meetm s- expected to be present and to vote, while any one may introduce motions or take part in the discussion. In early times there was a fine for non-attendance, but that is no longer the case ; it is supposed that a due re- gard to his own interests will induce every man to come. The town-meeting is held in the town-house, but at first it used to be held in the church, which was thus a " meeting-house " for civil as well as ecclesiastical purposes. At the town-meeting measures relating to the administration of town affairs are discussed and adopted or rejected ; appropriations are made for the public expenses of the town, or in other words the 1 Compare the Scottish " laird." 20 THE TOWNSHIP. amount of the town taxes for the year is determined ; and town officers are elected for the year. Let us first enumerate these officers. The principal executive magistrates of the town are the selectmen. They are three, five, seven, or nine in number, according to the size of the town and the amount of public business to be transacted. The odd number insures a majority decision in case of any difference of opinion among them. They have the general management of the public business. They issue warrants for the holding of town- meetings, and they can call such a meeting at any time during the year when there seems to be need for it, but the warrant must always specify the subjects which are to be discussed and acted on at the meeting. The selectmen also lay out highways, grant licenses, and impanel jurors ; they may act as health officers and issue orders regarding sewerage, the abatement of nuisances, or the isolation of contagious diseases ; in many cases they act as assessors of taxes, and as over- seers of the poor. They are the proper persons to listen to complaints if anything goes wrong in the town. In county matters and state matters they speak for the town, and if it is a party to a law-suit they represent it in court ; for the New England town is a legal corporation, and as such can hold property, and sue and be sued. In a certain sense the selectmen may be said to be " the government " of the town during the intervals between the town-meetings. An officer no less important than the selectmen is the town-clerk. He keeps the record of all votes passed in the town-meetings. He also re- cords the names of candidates and the num- ber of votes for each in the election of state and county officers. He records the births, marriages, THE NEW ENGLAND TOWNSHIP. 21 and deaths in the township, and issues certificates to persons who declare an intention of marriage. He likewise keeps on record accurate descriptions of the position and bounds of public roads ; and, in short, has general charge of all matters of town-record. Every town has also its treasurer, who receives and takes care of the money coming in from the Town . taxpayers, or whatever money belongs to treasurer - the town. Out of this money he pays the public ex- penses. He must keep a strict account of his receipts and payments, and make a report of them each year. Every town has one or more constables, who serve warrants from the selectmen and writs from the law courts. They pursue criminals and take them to jail. They summon jurors. In many towns they serve as collectors of taxes, but in many other towns a special officer is chosen for that pur- pose. When a person fails to pay his taxes, after a specified time the collector has authority to seize upon his property and sell it at auction, paying the tax and costs out of the proceeds of the sale, and handing over the balance to the owner. In some cases, where no property can be found and there is reason to be- lieve that the delinquent is not acting in good faith, he can be arrested and kept in prison until the tax and costs are paid, or until he is released by the proper legal methods. Where the duties of the selectmen are likely to be too numerous, the town may choose three or Assessors of more assessors of taxes to prepare the tax ^Le^of lists ; and three or more overseers of the the poon poor, to regulate the management of the village alms- house and confer with other towns upon such ques- tions as often arise concerning the settlement and maintenance of homeless paupers. 22 THE TOWNSHIP. Every town has its school committee. In 1647 the legislature of Massachusetts enacted a law with the following preamble : " It being one chief project of PuHte that old deluder, Satan, to keep men from school*. the knowledge of the Scriptures, as in for- mer times by keeping them in an unknown tongue, so in these latter times by persuading from the use of tongues, that so at least the true sense and meaning of the original might be clouded and corrupted with false glosses of deceivers ; to the end that learning may not be buried in the graves of our forefathers, in church and commonwealth, the Lord assisting our endeavours ; " it was therefore ordered that every township containing fifty families or householders should forthwith set up a school in which children might be taught to read and write, and that every township containing one hundred families or house- holders should set up a school in which boys might be fitted for entering Harvard College. Even before this statute, several towns, as for instance Roxbury and Dedham, had begun to appropriate money for free schools ; and these were the beginnings of a system of public education which has come to be adopted throughout the United States. The school committee exercises powers of such a School character as to make it a body of great im- committeos. p Or t an ce. The term of service of the mem- bers is three years, one third being chosen annually. The number of members must therefore be some mul- tiple of three. The slow change in the membership of the board insures that a large proportion of the members shall always be familiar with the duties of the place. The school committee must visit all the public schools at least once a month, and make a re- port to the town every year. It is for them to decide 9 THE NEW ENGLAND TOWNSHIP. 23 what text-books are to be used. The^ examine can- didates for the position of teacher and issue certifi- cates to those whom they select. The certificate is issued in duplicate, and one copy is handed to the selectmen as a warrant that the teacher is entitled to receive a salary. Teachers are appointed for a term of one year, but where their work is satisfactory the appointments are usually renewed year after year. A recent act in Massachusetts permits the appointment of teachers to serve during good behaviour, but few boards have as yet availed themselves of this law. If the amount of work to be done seems to require it, the committee appoints a superintendent of schools. He is a sort of lieutenant of the school committee, and under its general direction carries on the detailed work of supervision. Other town officers are the surveyors of highways, who are responsible for keeping the roads and bridges in repair ; field - drivers and pound-keepers ; fence- viewers ; surveyors of lumber, measurers of wood, and sealers of weights and measures. The field-driver takes stray animals to the pound, and then notifies their owner ; or if he does j. i i .LI ^ ^ Field-drivera not know who is the owner he posts a de- and pound- scription of the animals in some such place as the village store or tavern, or has it published in the nearest country newspaper. Meanwhile the strays are duly fed by the pound-keeper, who does not let them out of his custody until all expenses have been paid. If the owners of contiguous farms, gardens, or fields get into a dispute about their partition fences or walls, they may apply to one of the fence- p ence . viewers, of whom each town has at least Tiewers - two. The fence-viewer decides the matter, and charges 24 THE TOWNSHIP. a small fee for his services. Where it is necessary he may order suitable walls or fences to be built. The surveyors of lumber measure and mark lumber offered for sale. The measurers of wood do the same for firewood. The sealers test the correct- negs o y^g]^ an( j measures used in trade, and tradesmen are not allowed to use weights and measures that have not been thus officially examined and sealed. Measurers and sealers may be appointed by the selectmen. Such are the officers always to be found in the Mas- sachusetts town, except where the duties of some of them are discharged by the selectmen. Of these offi- cers, the selectmen, town-clerk, treasurer, constable, school committee, and assessors must be elected by ballot at the annual town-meeting. When this meeting is to be called the selectmen issue a warrant for the purpose, specifying the time and place of meeting and the nature of the business to be transacted. The constable posts copies of the warrant in divers conspicuous places not less than a week before the time appointed. Then, after Calling the town-meet- making a note upon the warrant that he has duly served it, he hands it over to the town- clerk. On the appointed day, when the people have assembled, the town-clerk calls the meeting to order and reads the warrant. The meeting then proceeds to choose by ballot its presiding officer, or " modera- tor," and business goes on in accordance with parlia- mentary customs pretty generally recognized among all people who speak English. At this meeting the amount of money to be raised by taxation for town purposes is determined. But, as we shall see, every inhabitant of a town lives not only under a town government, but also under a county THE NEW ENGLAND TOWNSHIP. 25 government and a state government, and all these gov- ernments have to be supported by taxation. -IT Town, coun In Massachusetts the state and the county t y , and make use of the machinery of the town government in order to assess and collect their taxes. The total amounts to be raised are equitably divided among the several towns and cities, so that each town pays its proportionate share. Each year, therefore, the town assessors know that a certain amount of money must be raised from the taxpayers' of their town, partly for the town, partly for the county, partly for the state, and for the general convenience they usually assess it upon the taxpayers all at once. The amounts raised for the state and county are usu- ally very much smaller than the amount raised for the town. As these amounts are all raised in the town and by town officers, we shall find it convenient to sum up in this place what we have to say about the way in which taxes are raised. Bear in mind that we are still considering the New England system, and our illustration is taken from the practice in Massa- chusetts. But the general principles of taxation are so similar in the different states that, although we may now and then have to point to differences of detail, we shall not need to go over the whole subject again. We have now to observe how and upon whom the taxes are assessed. They are assessed partly upon persons, but chiefly upon property, and property is divisible into real estate and personal estate. The tax assessed upon persons is called the poll-tax, and can- not exceed the sum of two dollars upon every male cit- izen over twenty years old. In cases of extreme pov- erty the assessors may remit the poll-tax. As to real estate, there are in every town some 26 THE TOWNSHIP. lands and buildings which, for reasons of public pol- Reai-esut* icy, are exempted from paying taxes ; as, for taie8 * example, churches, graveyards, and tombs ; many charitable institutions, including universities and colleges ; and public buildings which belong to the state or to the United States. All lands and buildings, except such as are exempt by law, must pay taxes. Personal property includes pretty much everything that one can own except lands and buildings, pretty much everything that can be moved or car- PHMMI ried about from one place to another. It thus includes ready money, stocks and bonds, ships and wagons, furniture, pictures, and books. It also includes the amount of debts due to a person in excess of the amount that he owes ; also the income from his employment, whether in the shape of profits from business or a fixed salary. Some personal property is exempted from taxation ; as, for example, household furniture to the amount of $1,000 in value, and income from employment to the extent of $2,000. The obvious intent of this exemp- tion is to prevent taxation from bearing too hard upon persons of small means ; and for a similar reason the tools of farmers and mechanics are exempted. 1 The date at which property is annually reckoned for assessment is in Massachusetts the first day of May. The poll-tax is assessed upon each person in the town or city where he has his legal habitation on that day; and as a general rule the taxes When and / ' where taxes upon his personal property are assessed to are assessed. f J him in the same place. 13ut taxes upon lands or buildings are assessed in the city or town 1 United States bonds are also especially exempted from tax- ation. THE NEW ENGLAND TOWNSHIP. 27 where they are situated, and to the person, wherever he lives, who is the owner of them on the first day of May. Thus a man who lives in the Berkshire moun- tains, say for example in the town of Lanesborough, will pay his poll-tax to that town. For his personal property, whether it be bonds of a railroad in Col- orado, or shares in a bank in New York, or costly pictures in his house at Lanesborough, he will like- wise pay taxes to Lanesborough. So for the house in which he lives, and the land upon which it stands, he pays taxes to that same town. But if he owns at the same time a house in Boston, he pays taxes for it to Boston, and if he owns a block of shops in Chicago he pays taxes for the same to Chicago. It is very apt to be the case that the rate of taxation is higher in large cities than in villages ; and accordingly it often happens that wealthy inhabitants of cities, who own houses in some country town, move into them before the first of May, and otherwise comport themselves as legal residents of the country town, in order that their personal property may be assessed there rather than in the city. About the first of May the assessors call upon the inhabitants of their town to render a true statement as to their property. The most approved form is for the assessors to send by mail to each taxable inhabitant a printed list of questions, with blank spaces which he is to fill with written answers. The questions relate to every kind of property, and when the person addressed returns the list to the as- sessors he must make oath that to the best of his knowledge and belief his answers are true. He thus becomes liable to the penalties for perjury if he can be proved to have sworn falsely. A reasonable time usually six or eight weeks is allowed for the list to 28 THE TOWNSHIP. be returned to the assessors. If any one fails to return his list by the specified time, the assessors must make their own estimate of the probable amount of his property. If their estimate is too high, he may petition the assessors to have the error corrected, but in many cases it may prove troublesome to effect this. Observe here an important difference between the imposition of taxes upon real estate and upon personal property. Houses and lands cannot run away or be tucked out of sight. Their value, too, is something of which the assessors can very likely judge as well !_ as the owner. Deception is therefore ex- Cheating the govern- tremelv difficult, and taxation for real estate merit. is pretty fairly distributed among the differ- ent owners. With regard to personal estate it is very different. It is comparatively easy to conceal one's ownership of some kinds of personal property, or to understate one's income. Hence the temptation to lessen the burden of the tax bill by making false statements is considerable, and doubtless a good deal of deception is practised. There are many people who are too honest to cheat individuals, but still con- sider it a venial sin to cheat the government. After the assessors have obtained all their returns they can calculate the total value of the taxable prop- erty i6 the town ; and knowing the amount of the tax to be raised, it is easy to calculate the rate at which the The rate of *&* * ^ e assessed. In most parts of the taxation. United States a rate of one and a half per cent, or $15 tax on each $1,000 worth of property, would be regarded as moderate ; three per cent would be regarded as excessively high. At the lower of these rates a man worth $50,000 would pay $750 for his yearly taxes. The annual income of $50,000, in- vested on good security, is hardly more than $2,500. THE NEW ENGLAND TOWNSHIP. 29 Obviously $750 is a large sum to subtract from such an income. In point of fact, however, the tax is seldom quite as heavy as this. It is not easy to tell exactly how much a man is worth, and accordingly assessors, not wish- ing to be too disagreeable in the discharge of their duties, have naturally fallen into a way of giving the lower valuation the benefit of the doubt, until in many places a custom has grown up of regularly undervaiua- undervaluing property for purposes of taxa- tton> tion. Very much as liquid measures have gradually shrunk until it takes five quart bottles to hold a gal- lon, so there has been a shrinkage of valuations until it has become common to tax a man for only three fourths or perhaps two thirds of what his property is worth in the market. This makes the rate higher, to be sure, but the individual taxpayer nevertheless seems to feel relieved by it. Allowing for this under- valuation, we may say that a man worth $50,000 com- monly pays not less than $500 for his yearly taxes, or about one fifth of the annual income of the property. We thus begin to see what a heavy burden The burden taxes are, and how essential to good govern- of taxation - ment it is that citizens should know what their money goes for, and should be able to exert some effective control over the public expenditures. Where the rate of taxation in a town rises to a very high point, such as two and a half or three per cent, the prosperity of the town is apt to be seriously crippled. Traders and manufacturers move away to other towns, or those who would otherwise come to the town in question stay away, because they cannot afford to use up all their profits in paying taxes. If such a state of things is long kept up, the spirit of enterprise is weakened, the place shows signs of untidiness and want of thrift, 80 THE TOWNSHIP. and neighbouring towns, once perhaps far behind it in growth, by an'd by shoot ahead of it and take away its business. Within its proper sphere, government by town- meeting is the form of government most effectively under watch and control. Everything is done in the full daylight of publicity. The specific objects for which public money is to be appropriated are dis- cussed in the presence of everybody, and any one who disapproves of any of these objects, or of the way in which it is proposed to obtain it, has an opportunity to declare his opinions. Under this form of govern- ment people are not so liable to bewildering delusions as under other forms. I refer especially to the delu- sion that " the Government " is a sort of mysterious power, possessed of a magic inexhaustible fund " deiu- fund of wealth, and able to do all manner of things for the benefit of " the People." Some such notion as this, more often implied than expressed, is very common, and it is inexpressibly dear to demagogues. It is the prolific root from which springs that luxuriant crop of humbug upon which political tricksters thrive as pigs fatten upon corn. In point of fact no such government, armed with a magic fund of its own, has ever existed upon the earth. No government has ever yet used any money for pub- lic purposes which it did not first take from its own people, unless when it may have plundered it from some other people in victorious warfare. The inhabitant of a New England town is per- petually reminded that " the Government " is " the People." Although he may think loosely about the government of his state or the still more remote gov- ernment at Washington, he is kept pretty close to the facts where local affairs are concerned, and in this there is a political training of no small value. THE NEW ENGLAND TOWNSHIP. 31 In the kind of discussion which it provokes, in the necessity of facing argument with argument Educational and of keeping one's temper under control, t^-mLt? 6 the town-meeting is the best political train- ing> ing school in existence. Its educational value is far higher than that of the newspaper, which, in spite of its many merits as a diffuser of information, is very apt to do its best to bemuddle and sophisticate plain facts. The period when town-meetings were most im- portant from the wide scope of their transactions was the period of earnest and sometimes stormy discussion that ushered in our Revolutionary war. Country towns were then of more importance relatively than now ; one country town Boston was at the same time a great political centre ; and its meetings were pre- sided over and addressed by men of commanding abil- ity, among whom Samuel Adams, " the man of the town-meeting," 1 was foremost. In those days great principles of government were discussed with a wealth of knowledge and stated with masterly skill in town- meeting. The town-meeting is to a very limited extent a leg- islative body ; it can make sundry regulations for the management of its local affairs. Such regulations are known by a very ancient name, " by-laws." By is an Old Norse word meaning " town," and it appears in the names of such towns as Derby and Whitby in the part of England overrun by the Danes in the ninth and tenth centuries. By-laws are town laws. 2 1 The phrase is Professor Hosmer's : see his Samuel Adams, the Man of the Town Meeting, in " Johns Hopkins Univ. Studies," vol. II. no. iv.; also his Samuel Adams, in "American States- men " series, Boston, 1885. a In modern usage the rules and regulations of clubs, learned societies, ap^ "ther associations, are also called by-laws. 82 THE TOWNSHIP. In the selectmen and various special officers the town has an executive department ; and here let us observe that, while these officials are kept strictly ac- countable to the people, they are intrusted with very considerable authority. Things are not so arranged that an officer can plead that he has failed responsiwi- in his duty from lack of power. There is ample power, joined with complete responsi- bility. This is especially to be noticed in the case of the selectmen. They must often be called upon to exercise a wide discretion in what they do, yet this ex- cites no serious popular distrust or jealousy. The an- nual election affords an easy means of dropping an unsatisfactory officer. But in practice nothing has been more common than for the same persons to be reelected as selectmen or constables or town-clerks for year after year, as long as they are able or willing to serve. The notion that there is anything peculiarly American or democratic in what is known as " rota- tion in office " is therefore not sustained by the prac- tice of the New England town, which is the most com- plete democracy in the world. It is the most perfect exhibition of what President Lincoln called " govern- ment of the people by the people and for the peo- ple." QUESTIONS ON THE TEXT. 1. What reason exists for beginning the study of government with that of the New England township ? 2. Give the origin of the township in New England according to the following analysis : a. Settlement in groups. b. The chief reason for coming to New England. c. The leaders of the groups. d. The favouring action of the Massachusetts government. e. Small farms. f. Defence against the Indians. g. The limits of a township. h. The village within the township. THE NEW ENGLAND TOWNSHIP. 33 3. What was the social standing of the first settlers ? 4. What training had they received in self-government ? 5. Who do the governing in a New England township ? 6. Give an account of the town-meeting in accordance with the following analysis : a. The name of the meeting. b. The time for holding it. c. The place for holding it. d. The persons who take part in it. . The sort of business done in it. 7. Give an account of the selectmen : a. Their number. b. The reason for an odd number. c. Their duties. 8. When public schools were established by Massachusetts in 1647, what reasons were assigned for the law ? 9. What classes or grades of schools were then established ? 10. What are the duties of the Massachusetts school committee ? 1 1. What is the term of service of teachers in that state ? 12. What are the duties of the following officers ? a. Field-drivers. b. Pound-keepers. c. Fence-viewers. d. Surveyors of lumber. e. Measurers of wood. f. Sealers of weights and measures. 13. What are the duties of the following officers? a. The town-clerk. 6. The treasurer. c. Constables. d. Assessors. e. Overseers of the poor. 14. Describe a warrant for a town-meeting. 1 5. For what other purposes than those of the town are taxes raised ? [6. Explain the following : a. The poll-tax. 6. The tax on personal property. c. The tax on real estate. 1 7. What kinds of real estate are exempted from taxation, and why? 1 8. What kinds of personal property are exempted, and why ? 84 THE TOWNSHIP. 19. Where must the several kinds of taxes be assessed and paid ? Illustrate. 20. If a person changes his residence from one town in the state to another before May 1, what consequences about taxes might follow ? 21. How do the assessors ascertain the property for which one should be taxed ? 22. What difficulties beset the taxation of personal property ? 23. Mention a common practice in assigning values to property. What is the effect on the tax-rate ? Illustrate. 24. How do high taxes operate as a burden ? 25. Describe a delusion from which people who directly govern themselves are practically free. 26. What is the educational value of the town-meeting ? 27. What are by-laws ? Explain the phrase. 28. What of the power and responsibility of selectmen ? 2. Origin of the Township. It was said above that government by town-meet- ing is in principle the oldest form of government Town-meet- known in the world. The student of ancient Greece and history is familiar with the comitia of the Eome> Romans and the ecclesia of the Greeks. These were popular assemblies, held in those soft cli- mates in the open air, usually in the marketplace, the Roman forum, the Greek agora. The govern- ment carried on in them was a more or less qualified democracy. In the palmy days of Athens it was a pure democracy. The assemblies which in the Athe- nian market-place declared war against Syracuse, or condemned Socrates to death, were quite like New England town-meetings, except that they exercised greater powers because there was no state government above them. The principle of the town-meeting, however, is older than Athens or Rome. Long before streets were built or fields fenced in, men wandered about the ORIGIN OF THE TOWNSHIP. 35 earth hunting for food in family parties, somewhat as lions do in South Africa. Such family groups were what we call clans, and so far as is known they were the earliest form in which civil so- ciety appeared on the earth. Among all wandering or partially settled tribes the clan is to be found, and there are ample opportunities for studying it among our Indians in North America. The clan usually has a chief or head-man, useful mainly as a leader in war- time ; its civil government, crude and disorderly enough, is in principle a pure democracy. When our ancestors first became acquainted with American Indians, the most advanced tribes lived partly by hunting and fishing, but partly also by rais- ing Indian corn and pumpkins. They had begun to live in wigwams grouped together in small villages and surrounded by strong rows of palisades for de- fence. Now what these red men were doing our own fair-haired ancestors in northern and central Europe had been doing some twenty centuries earlier. The Scandinavians and Germans, when first known in his- tory, had made considerable progress in exchanging a wandering for a settled mode of life. When the clan, instead of moving from place to place, fixed upon some spot for a permanent residence, a village grew up there, surrounded by a belt of waste land, or some- what later by a stockaded wall. The belt of land was called a mark, and the wall was called a tun. 1 Afterwards the inclosed space came to and the be known sometimes as the mark, sometimes as the tun or town. In England the latter name pre- vailed. The inhabitants of a mark or town were a stationary clan. It was customary to call them by the clan name, as for example " the Beorings "or " the 1 Pronounced " toon." 86 THE TOWNSHIP. Crossings , " then the town would be called Barring- ton, " town of the Beorings," or Cressingham, " home of the Crossings." Town names of this sort, with which the map of England is thickly studded, point us back to a time when the town was supposed to be the stationary home of a clan. The Old English town had its tungemot, or town- meeting, in which "by-laws" were made and other important business transacted. The principal officers were the " reeve " or head-man, the " bea- Eugiish die " or messenger, and the " tithing-man " township. . * rT\"% *v or petty constable. These officers seem at first to have been elected by the people, but after a while, as great lordships grew up, usurping jurisdic- tion over the land, the lord's steward and bailiff came *io supersede the reeve and beadle. After the Norman Conquest the townships, thus brought under the sway jf great lords, came to be generally known by the French name of manors or " dwelling places." Much might be said about this change, but here it is enough for us to bear in mind that a manor was essentially a township in which the chief executive officers were directly responsible to the lord rather than The manor. . w -1-11 * to the people. It would be wrong, however, to suppose that the manors entirely lost their self- government. Even the ancient town-meeting survived in them, in a fragmentary way, in several interesting assemblies, of which the most interesting were the court leet, for the election of certain officers and the trial of petty offences, and the court baron, which was much like a town-meeting. Still more of the old self-government would doubt- less have survived in the institutions of the manor if it had not been provided for in another way. The parish was older than the manor. ORIGIN OF THE TOWNSHIP. 37 After the English had been converted to Christianity local churches were gradually set up all over the coun- try, and districts called parishes were assigned for the ministrations of the priests. Now a parish generally coincided in area with a township, or sometimes with a group of two or three townships. In the old heathen times each town seems to have had its sacred place or shrine consecrated to some local deity, and it was a favourite policy with the Roman missionary priests to purify the old shrine and turn it into a church. In this way the township at the same tune naturally be- came the parish. As we find it in later times, both before and since the founding of English colonies in North America, the township in England is likely to be both j i ?, T-, Township, a manor and a parish. or some purposes manor, and ~ . . , parish. it is the one, for some purposes it is the other. The townsfolk may be regarded as a group of tenants of the lord's manor, or as a group of parish- ioners of the local church. In the latter aspect the parish retained much of the self-government of the ancient town. The business with which the lord was entitled to meddle was strictly limited, and all other business was transacted in the " vestry-meeting," which was practically the old town-meeting ^^ vest y. under a new name. In the course of the meetm s- thirteenth century we find that the parish had acquired the right of taxing itself for church purposes. Money needed for the church was supplied in the form of " church-rates " voted by the ratepayers themselves in the vestry-meeting, so called because it was originally held in a room of the church in which vestments were kept. The officers of the parish were the constable, the 88 THE TOWNSHIP. parish and vestry clerks, 1 the beadle, 2 the " way war- pruh offl- dens " or surveyors of highways, the " hay- cer> - wards " or fence-viewers, the " common drivers," the collectors of taxes, and at the beginning of the seventeenth century overseers of the poor were added. There were also churchwardens, usually two for each parish. Their duties were primarily to take care of the church property, assess the rates, and call the vestry-meetings. They also acted as overseers of the poor, and thus in several ways remind one of the selectmen of New England. The parish officers were all elected by the ratepayers assembled in vestry- meeting, except the common driver and hayward, who were elected by the same ratepayers assembled in court leet. Besides electing parish officers and grant- ing the rates, the vestry-meeting could enact by-laws ; and all ratepayers had an equal voice in its deliber- ations. During the last two centuries the constitution of the English parish has undergone some modifications which need not here concern us. The Puritans who settled in New England had grown up under such parish government as is here described, and tion from they were used to hearing the parish called, England to J . , . & Ne* Eng- on some occasions and tor some purposes, a township. If we remember now that the earliest New England towns were founded by church congregations, led by their pastors, we can see how 1 Of these two officers the vestry clerk is the counterpart of the New England town-clerk. 9 Originally a messenger or crier, the beadle came to assume some of the functions of the tithing-man or petty constable, such as keeping order in church, punishing petty offenders, wait- ing on the clergyman, etc. In New England towns there were formerly officers called tithing-men, who kept order in church, arrested tipplers, loafers, and Sabbath-breakers, etc. ORIGIN OF THE TOWNSHIP. 39 town government in New England originated. It was simply the English parish government brought into a new country and adapted to the new situation. Part of this new situation consisted in the fact that the lords of the manor were left behind. There was no longer any occasion to distinguish between the town- ship as a manor and the township as a parish ; and so, as the three names had all lived on together, side by side, in England, it was now the oldest and most gen- erally descriptive name, "township," that survived, and has come into use throughout a great part of the United States. The townsfolk went on making by- laws, voting supplies of public money, and electing their magistrates in America, after the fashion with which they had for ages been familiar in England. Some of their offices and customs were of hoary an- tiquity. If age gives respectability, the office of con- stable may vie with that of king ; and if the annual town-meeting is usually held in the month of March, it is because in days of old, long before Magna Charta was thought of, the rules and regulations for the vil- lage husbandry were discussed and adopted in time for the spring planting. To complete our sketch of the origin of the New England town, one point should here be briefly men- tioned in anticipation of what will have to be said hereafter; but it is a point of so much importance that we need not mind a little repetition in stating it. We have seen what a great part taxation plays in the business of government, and we shall presently have to treat of county, state, and federal governments, all of them wider in their 8tafces ' sphere than the town government. In the course of history, as nations have gradually been built up, these wider*governments have been apt to absorb or sup- 40 THE TOWNSHIP. plant and crush the narrower governments, such as the parish or township ; and this process has too often been destructive to political freedom. Such a result is, of course, disastrous to everybody ; and if it were unavoidable, it would be better that great national governments need never be formed. But it is not un- avoidable. There is one way of escaping it, and that is to give the little government of the town some real share in making up the great government of the state. That is not an easy thing to do, as is shown by the fact that most peoples have failed in the attempt. The people who speak the English language have been the most successful, and the device by which they have Represent*- overcome the difficulty is REPRESENTATION. tton> The town sends to the wider government a delegation of persons who can represent the town and its people. They can speak for the town, and have a voice in the framing of laws and imposition of taxes by the wider government. In English townships there has been from time Immemorial a system of representation. Long before Alfred's time there were "shire-motes," or Bhirc-motos. what were afterwards called county meet- ings, and to these each town sent its reeve and " four discreet men " as representatives. Thus to a certain extent the wishes of the townsfolk could be brought to bear upon county affairs. By and by this method was applied on a much wider scale. It was applied to the whole kingdom, so that the people of all its towns and parishes succeeded in securing a representation of their interests in an elective national council or House of Commons. This great work was accomplished in Kari Simon's * ne thirteenth century by Simon de Mont- Pariiament. f ort} jjarl of Leicester, and was completed by Edward I. Simon's parliament, the first in"which ORIGIN OF THE TOWNSHIP. 41 the Commons were fully represented, was assembled in 1265 ; and the date of Edward's parliament, which has been called the Model Parliament, was 1295. These dates have as much interest for Americans as for Englishmen, because they mark the first definite establishment of that grand system of representative government which we are still carrying on at our vari- ous state capitals and at Washington. For its humble beginnings we have to look back to the " reeve and four" sent by the ancient townships to the county meetings. The English township or parish was thus at an early period the " unit of representation " in the govern- ment of the county. It was also a district for the as- sessment and collection of the national taxes ; in each parish the assessment was made by unit of rep- a board of assessors chosen by popular vote. These essential points reappear in the early history of New England. The township was not only a self- governing body, but it was the " unit of representa- tion " in the colonial legislature, or " General Court ; " and the assessment of taxes, whether for town pur- poses or for state purposes, was made by assessors elected by the townsfolk. In its beginnings and fun- damentals our political liberty did not originate upon American soil, but was brought hither by our fore- fathers the first settlers. They brought their political institutions with them as naturally as they brought their language and their social customs. Observe now that the township is to be regarded in two lights. It must be considered not only in itself, but as part of a greater whole. We began by de- scribing it as a self-governing body, but in order to complete our sketch we were obliged to speak of it as a body which has a share in the government of the 42 THE TOWNSHIP. state and the nation. The latter aspect is as impor- tant as the former. If the people of a town had only the power of managing their local affairs, without the power of taking part in the management of national affairs, their political freedom would be far from com- plete. In Russia, for example, the larger part of the vast population is resident in village communities which have to a considerable extent the power of managing their local affairs. Such a village community is called a mir. and like the English township it is The Russian village com- Imeally descended from the stationary clan. munity ; not _,, . i T tit represented 1 he people or the Kussian mir hold meetings inthena- . , . , i tionai gov- in which they elect sundry local officers, dis- ernmeut. . tribute the burden of local taxation, make regulations concerning local husbandry and police, and transact other business which need not here con- cern us. But they have no share in the national government, and are obliged to obey laws which they have no voice in making, and pay taxes assessed upon them without their consent ; and accordingly we say with truth that the Russian people do not possess political freedom. One reason for this has doubtless been that in times past the Russian territory was the great frontier battle-ground between civilized Europe and the wild hordes of western Asia, and the people who lived for ages on that turbulent frontier were subjected to altogether too much conquest. They have tasted too little of civil government and too much of military government, a pennyworth of whole- some bread to an intolerable deal of sack. The early English, in their snug little corner of the world, belted by salt sea, were able to develop their civil government with less destructive interference. They made a sound and healthful beginning when they made the township the "unit of representation" for the ORIGIN OF THE TOWNSHIP. 43 county. Then the township, besides managing its own affairs, began to take part in the management of wider affairs. QUESTIONS ON THE TEXT. 1 . Show that the principle of government by town - meeting was known a. In ancient Greece and Rome. b. Earlier still in primitive society. c. Among the American Indians. d. Among the old Scandinavians and Germans. 2. Distinguish between the mark and the tun. Illustrate the English use of the latter name. 3. Give an account of the following : a. The English township and its officers before the Conquest. 6. The changes due to the Conquest. c. The survival of self-government in the manor. d. The parish and its relation to the township. 4. Contrast the township as a manor with the township as a par- ish in respect to government. 5. Describe the parish government under the following heads : a. The vestry-meeting. b. Taxation. c. The officers of the parish. d. The persons entitled to vote. 6. Show how town government in New England grew out of parish government in Old England. What features were retained and what were given up ? 7. Show the antiquity of some details of town government. 8. What is the object of representation f 9. What were the shire-motes of Alfred's time ? 10. What was the origin of the English House of Commons ? 11. Why should Americans be interested in this English body ? 12. What essential points of the English township reappear in New England ? 13. In what two aspects must the township now be regarded ? 14. Show how in Russia the township presents one of these as- pects but lacks the other. 15. What political result follows from the lack of representation in the Russian township ? 16. Mention one probable reason why England succeeded where Russia failed ? 44 THE TOWNSHIP. SUGGESTIVE QUESTIONS AND DIRECTIONS. 1. Obtain the following documents : a. A town warrant. b. A town report. c. A tax bill, a permit, a certificate, or any town paper that has or may have an official signature. d. A report of the school committee. If you live in a city, send to the clerk of a neighbouring town for a warrant, inclosing a stamp for the reply. City documents will answer most of the purposes of this exer- cise. Make any of the foregoing documents the basis of a report. 2. Give an account of the following : a. The various kinds of taxes raised in your town, the amount of each kind, the valuation, the rate, the proposed use of the money, etc. b. The work of any department of the town government for a year, as, for example, that of the overseers of the poor. e. Any pressing need of your town, public sentiment towards it, the probable cost of satisfying it, the obstacles in the way of meeting it, etc. 3. A good way to arouse interest in the subject of town gov- ernment is to organize the class as a town-meeting, and let it discuss live local questions in accordance with arti- cles in a warrant. For helpful details attend a town- meeting, read the record of some meeting, consult some person familiar with town proceedings, or study the Gen- eral Statutes. To insure a discussion, it may be necessary at the outset for the teacher to assign to the several pupils single points to be expanded and presented in order. There is an advantage in the teacher's serving as moderator. He may, as teacher, pause to give such directions and explanations as may be helpful to young citizens. The pupils should be held up to the more obvious require- ments of parliamentary law, and shown how to use its rules to accomplish various purposes. 4* Has the state a right to direct the education of its youth ? If the state has such a right, are there any limits to the exercise of it ? Does the right to direct the education of ORIGIN OF THE TOWNSHIP. 45 its youth carry with it the right to abolish private schools ? 5. Is it wise to assist private educational institutions with pub- lic funds ? 6. Ought teachers, if approved, to be appointed for one year only, or during good behaviour ? 7. What classes of officers in a town should serve during good behaviour ? What classes may be frequently changed without injury to the public ? 8. Compare the school committee in your own state (if it is not Massachusetts) with that in Massachusetts. 9. Illustrate from personal knowledge the difference between real estate and personal property. 10. A loans B $1000. May A be taxed for the $1000 ? Why ? May B be taxed for the $1000 ? Why ? Is it right to tax both for $1000 ? Suppose B with the money buys goods of C. Is it right to tax the three for $1000 each ? 11. A taxpayer worth $100,000 in personal property makes no return to the assessors. In their ignorance the assessors tax him for $50,000 only, and the tax is paid without question. Does the taxpayer act honourably ? 12. What difficulties beset the work of the assessors ? 13. Would anything be gained by exempting personal property from taxation ? If so, what ? Would anything be lost ? If so, what ? 14. Does any one absolutely escape taxation ? 1 5. Does the poll-tax payer pay, in any sense, more than his poll- tax ? id Are there any taxes that people pay without seeming to know it ? If so, what ? (See below, chap. viii. 8.). 17- Have we clans to-day among ourselves? (Think of family reunions, people of the same name in a community, de- scendants of early settlers, etc.). What important dif- ferences exist between these modern so-called clans and the ancient ones ? 1 8. What is a " clannish " spirit ? Is it a good spirit or a bad one ? Is it ever the same as patriotism ? 19. Look up the meaning of ham, wick, and stead. Think of towns whose names contain these words ; also of towns whose names contain the word tun or ton or town. ZO. Give an account; of the titbing-man in early New England, 46 THE TOWNSHIP. 21. In what sense is the word " parish " commonly used in the United States ? Is the parish the same as the church ? Has it any limits of territory ? 22. In Massachusetts, clergymen were formerly paid out of the taxes of the township. How did this come about ? In this practice was there a union or a separation of church and state ? 23. Ministers are not now supported by taxation in the United States. What important change in the parish idea does this fact indicate ? Is it a change for the better ? 24. Are women who do not vote represented in town govern- ment ? 25. Are boys and girls represented in town government ? 26. Is there anybody in a town who is not represented in its gov- ernment ? 27. How are citizens of a town represented in state govern- ment ? 28. How are citizens of a town represented in the national gov- ernment ? 29. Imagine a situation in which the ballot of a single voter in a town might affect the action of the national govern- ment. BIBLIOGRAPHICAL NOTE. 1. THE NEW ENGLAND TOWNSHIP. There is a good ac- count in Martin's Text Book on Civil Government in the United States. N. Y. & Chicago, 1875. 2. ORIGIN OF THE TOWNSHIP. Here the Johns Hopkins University Studies in Historical and Political Science, edited by Dr. Herbert Adams, are of great value. Note especially series I. no. i. E. A. Freeman, Introduction to American Institutional History ; I., ii. iv. viii. ix.-x. H. B. Adams, The Germanic Origin of New England Towns, Saxon Tithing-Men in America, Norman Constables in America, Village Communities of Cape Ann and Sa- lem ; II., x. Edward Channing, Town and County Government in the English Colonies of North America ; IV., .-xii. Melville Egleston, The Land System of the New England Colonies ; VII., yii.-ix. C. M. Andrews, The River Towns of Connecticut. ORIGIN OF THE TOWNSHIP. 4T See also Howard's Local Constitutional History of the United States, vol. i. " Township, Hundred, and Shire," Baltimore, 1889, a work of extraordinary merit. The great book on local self-government in England is Toul- min Smith's The Parish, 2d ed., London, 1859. For the an- cient history of the township, see Gomme's Primitive Folk-Moots, London, 1880 ; Gomme's Village Community, London, 1890 ; Seebohm's English Village Community, London, 1883 ; Nasse's Agricultural Community of the Middle Ages, London, 1872 ; La- veleye's Primitive Property, London, 1878; Phear's Aryan Village in India and Ceylon, London, 1880; Hearn (of the University of Melbourne, Australia), The Aryan Household, London & Mel- bourne, 1879 ; and the following works of Sir Henry Maine : Ancient Law, London, 1861; Village Communities in the East and West, London, 1871; Early History of Institutions, London, 1875; Early Law and Custom, London, 1883. All of Maine's works are republished in New York. See also my American Political Ideas, N. Y., 1885. Gomme's Literature of Local Institutions, London, 1886, con- tains an extensive bibliography of the subject, with valuable crit- ical notes and comments. CHAPTER HI. THE COUNTY. 1. The County in its Beginnings. . IT is now time for us to treat of the county, and we may as well begin by considering its origin. In treat- ing of the township we began by sketching it in its fullest development, as seen in New England. With the county we shall find it helpful to pursue a differ- ent method and start at the beginning. If we look at the maps of the states which make up our Union, we see that they are all divided into coun- ties (except that in Louisiana the corresponding divi- sions are named parishes). The map of England shows that country as similarly divided into coun- ties. If we ask why this is so, some people will tell us that it is convenient, for purposes of admin- Whydo . we have istration, to have a state, or a kingdom, di- counties ? ' . nded into areas that are larger than single towns. There is much truth in this. It is convenient. If it were not so, counties would not have survived, so as to make a part of our modern maps. Neverthe- less, this is not the historic reason why we have the particular kind of subdivisions known as counties. We have them because our fathers and grandfathers had them ; and thus, if we would find out the true reason, we may as well go back to the ancient times THE COUNTY IN ITS BEGINNINGS. 49 when our forefathers were establishing themselves in England. We have seen how the clan of our barbarous ances- tors, when it became stationary, was established as the town or township. But in those early times clans were generally united more or less closely into tribes. Among all primitive or barbarous races of men, so far as we can make out, society is organized in Clang ^ tribes, and each tribe is made up of a num- tnbeB> ber of clans or family groups. Now when our Eng- lish forefathers conquered Britain they settled there as clans and also as tribes. The clans became townships, and the tribes became shires or counties ; that is to say, the names were applied first to the people and afterwards to the land they occupied. A few of the oldest county names in England still show this plainly. JEtssex, Middlesex, and Sussex were originally " East Saxons," " Middle Saxons," and " South Saxons ; " and on the eastern coast two tribes of Angles were distinguished as " North folk " and " South folk," or Norfolk and Suffolk. When you look on the map and see the town of Icklingham in the county of Suf- folk, it means that this place was once known as the " home " of the " Icklings " or " children of Ickel," a clan which formed part of the tribe of " South folk." In those days there was no such thing as a King- dom of England ; there were only these ~ . . . -, i i T-I i The En K llsh groups oi tribes living side by, side. Each nation, like M i i i -i i T 7 the An) eri- tribe had its leader, whose title was ealdor- can, grew 1 11 11 M OU * ^ * n8 man, 1 or "elder man. After a while, as union of . small states. some tribes increased in size and power, their ealdormen took the title of kings. The little king- doms coincided sometimes with a single shire, some- 1 The pronunciation was probably something like yawl-dor- 50 THE COUNTY. times with two or more shires. Thus there was a king- dom of Kent, and the North and South Folk were combined in a kingdom of East Anglia. In course of time numbers of shires combined into larger king- doms, such as Northumbria, Mercia, and the West Saxons ; and finally the king of the West Saxons became king of all England, and the several shires became subordinate parts or " shares " of the kingdom. In England, therefore, the shires are older than the nation. The shires were not made by dividing the nation, but the nation was made by uniting the shires. The English nation, like the American, grew out of the union of little states that had once been independ- ent of one another, but had many interests in com- mon. For not less than three hundred years after all England had been united under one king, these shires retained their self-government almost as completely as the several states of the American Union. 1 A few words about their government will not be wasted, for they will help to throw light upon some things that still form a part of our political and social life. The shire was governed by the shire-mote (i. e. "meeting"), which was a representative wudorman,' body. Lords of lands, including abbots and *nd sheriff. . J IT. priors, attended it, as well as the reeve and four selected men from each township. There were thus the germs of both the kind of representation that is seen in the House 0f Lords and the much more per- fect kind that is seen in the House of Commons. Af- ter a while, as cities and boroughs grew in importance, they sent representative burghers to the shire-mote. There were two presiding officers ; one was the ealdor- man, who was now appointed by the king ; the other was the shire-reeve (i.e. "sheriff"), who was still elected by the people and generally held office for life. 1 Chalmers, Local Government, p. 90. THE COUNTY IN ITS BEGINNINGS. 51 This shire-mote was both a legislative body and a court of justice. It not only made laws for the shire, but it tried civil and criminal causes. After the Nor- man Conquest some changes occurred. The shire now began to be called by the French name "county," because of its analogy to the small pieces of territory on the Continent that were governed by " counts.'* l The shire-mote became known as the county The county court, but cases coming before it were tried court- by the king's justices in eyre, or circuit judges, who went about from county to county to preside over the judicial work. The office of ealdorman became extinct. The sheriff was no longer elected by the people for life, but appointed by the king for the term of one year. This kept him strictly responsible to the king. It was the sheriff's duty to see that the county's share of the national taxes was duly col- lected and paid over to the national treasury. The sheriff also summoned juries and enforced the judg. ments of the courts, and if he met with resistance in so doing he was authorized to call out a force of men, known as the posse comitatus (i. e. "power of the county "), and overcome all opposition. Another county officer was the coroner, or crowner, 2 so called because originally (in Alfred's time) he was appointed by the king, and was especially the crown officer in the county. Since the time of Ed- ward I., however, coroners have been elected by the people. Originally coroners held small courts of in- quiry upon cases of wreckage, destructive fires, or sudden death, but in course of time their jurisdiction became confined to the last-named class of cases. If 1 Originally conutes, or " companions " of the king. 8 This form of the word, sometimes supposed to be a vulgar- ism, is as correct as the other. See Skeat, Etym, Diet., s, v, 52 THE COUNTY. a death occurred under circumstances in any way mys- terious or likely to awaken suspicion, it was the business of the coroner, assisted by not less than twelve jurors (i. e. " sworn men "), to hold an inquest for the pur- pose of ascertaining the cause of death. The coroner could compel the attendance of witnesses and order a medical examination of the body, and if there were sufficient evidence to charge any person with murder or manslaughter, the coroner could have such person arrested and committed for trial. Another important county officer was the justice of justices of th e peace. Originally six were appointed by the peace. fa e crown in each county, but in later times any number might be appointed. The office was created by a series of statutes in the reign of Edward III., in order to put a stop to the brigandage which still flourished in England ; it was a common practice for robbers to seize persons and hold them for ransom. 1 By the last of these statutes, in 1362, the justices of the peace in 'each county were to hold a court four times in the year. The powers of this court, which came to be known as the Quarter Sessions, were from time to time increased by act of parliament, until it quite The Quarter supplanted the old county court. In modern Sessions. times the Quarter Sessions has become an administrative body quite as much as a court. The justices, who receive no salary, hold office for life, or during good behaviour. They appoint the chief con- stable of the county, who appoints the police. They also take part in the supervision of highways and bridges, asylums and prisons. Since the reign of Henry VIII., the English county has had an officer The lord . known as the lord-lieutenant, who was once lieutenant. j ea ^ er o f tne coun ty militia, but whose f unc- 1 Longman's Life and Times of Edward III., vol. i. p. 301, THE COUNTY IN ITS BEGINNINGS. 58 tions to-day are those of keeper of the records and principal justice of the peace. During the past five hundred years the English county has gradually sunk from a self-governing com- munity into an administrative district ; and in recent times its boundaries have been so crossed and cris- crossed with those of other administrative areas, such as those of school-boards, sanitary boards, etc., that very little of the old county is left in recognizable shape. Most of this change has been effected since the Tudor period. The first English settlers in Amer- ica were familiar with the county as a district for the administration of justice, and they brought Beginnings with them coroners, sheriffs, and quarter chusetta*" sessions. In 1635 the General Court of Mas- couaties - sachusetts appointed four towns Boston, Cam- bridge, Salem, and Ipswich as places where courts should be held quarterly. In 1643 the colony, which then included as much of New Hampshire as was set- tled, was divided into four " shires," Suffolk, Essex, Middlesex, and Norfolk, the latter lying then to the northward and including the New Hampshire towns. The militia was then organized, perhaps without con- sciousness of the analogy, after a very old English fashion ; the militia of each town formed a company, and the companies of the shire formed a regiment. The county was organized from the beginning as a judicial district, with its court-house, jail, and sheriff. After 1697 the court, held by the justices of the peace, was called the Court of General Sessions. It could try criminal causes not involving the penalty of death or banishment, and civil causes in which the value at stake was less than forty shillings. It also had con- trol over highways going from town to town ; and it apportioned the county taxes among the several towns- 54 THE COUNTY. The justices and sheriff were appointed by the gov- ernor, as in England by the king. QUESTIONS ON THE TEXT. 1. Why do we have counties in the United States ? Contrast the popular reason with the historic. 2. What relation did the tribe hold to the chin among our an- cestors ? 3. In time what did the clans and the tribes severally become ? 4. Show how old county names in England throw light on the county development. 5. Trace the growth of the English nation in accordance with the following outline : a. Each tribe and its leader. b. A powerful tribe and its leader. c. The relation of a little kingdom to the shire. d. The final union under one king. e. The relative ages of the shire and the nation. 6. Give an account (1) of the shire-mote, (2) of the two kinds of representation in it, (3) of its presiding officers, and (4) of its two kinds of duties. ^. Let the pupil make written analyses or outlines of the fol- lowing topics, to be used by him in presenting the topics orally, or to be passed in to the teacher : a. What changes took place in the government of the shire after the Norman Conquest ? b. Trace the development of the coroner's office. c. Give an account of the justices of the peace and the courts held by them. d. Show what applications the English settlers in Massachu- setts made of their knowledge of the English county. 2. The Modern County in Massachusetts. The modern county system of Massachusetts may now be very briefly described. The county, like the town, is a corporation ; it can hold property and sue or be sued. It builds the court-house and jail, and keeps them in repair. The town in which these buildings are placed is called, as in England, the shire town. In each county there are three commissioners, MODERN COUNTY IN MASSACHUSETTS. 55 elected by the people. Their term of service is three years, and one goes out each year. These commis- sioners represent the county in law-suits, as the select- men represent the town. They " apportion the County com . county taxes among the towns ; " " lay out, mis8ioners - alter, and discontinue highways within the county ; " " have charge of houses of correction ; " and erect and keep in repair the county buildings. 1 The revenues of the county are derived partly from taxation and partly from the payment of fines and costs in the courts. These revenues are re- County ceived and disbursed by the county treasurer, treasurer - who is elected by the people for a term of three years. The Superior Court of the state holds at least two sessions annually in each county, and tries civil and criminal causes. There is also in each county a pro- bate court with jurisdiction over all matters relating to wills, administration of estates, and appointment of guardians ; it also acts as a court of insolvency. The custody of wills and documents relating to the business of this court is in the hands of an officer known as the register of probate, who is elected by the people for a term of five years. To preserve the records of all land-titles and trans- fers of land within the county, all deeds and mort- gages are registered in an office in the shire . . Shire town town, usually within or attached to the court- and court- house. The register of deeds is an officer elected by the people for a term of three years. In counties where there is much business there may be more than one. Justices of the peace are appointed by the governor for a term of seven years, and the appoint- j UBt ioes of ment may be renewed. Their functions have the peace ' 1 Martin's Civil Government, p. 197. 56 THE COUNTY. been greatly curtailed, and now amount to little more than administering oaths, and in some cases issuing warrants and taking bail. They may join persons in marriage, and, when specially commissioned as " trial justices," have criminal jurisdiction over sundry petty offences. The sheriff is elected by the people for a term of three years. He may appoint deputies, for whom he is responsible, to assist him in his work. He must attend all county courts, and the meetings of the county commissioners whenever required. He must inflict, either personally or by dep- uty, the sentence of the court, whether it be fine, im- prisonment, or death. He is responsible for the preser- vation of the peace within the county, and to this end must pursue criminals and may arrest disorderly per- sons. If he meets with resistance he may call out the posse comitatus ; if the resistance grows into insurrection he may apply to the governor and obtain the aid of the state militia ; if the insurrection proves too formidable to be thus dealt with, the governor may in his behalf apply to the president of the United States for aid from the regular army. In this way the force that may be drawn upon, if necessary, for the suppression of disorder in a single locality, is practically unlimited and irresistible. We have now obtained a clear outline view of the township and county in themselves and in their rela- tion to one another, with an occasional glimpse of their relation to the state ; in so far, at least, as such a view can be gained from a reference to the history of England and of Massachusetts. We must next trace the development of local government in other parts of the United States ; and in doing so we can advance at somewhat quicker pace, not because our subject THE OLD VIRGINIA COUNTY. 57 becomes in any wise less important or less interesting, but because we have already marked out the ground and said things of general application which will not need to be said over again. QUESTIONS ON THE TEXT. Give an account of the modern county in Massachusetts under the following heads : 1. The county a corporation. 2. The county commissioners and their duties. 3. The county treasurer and his duties. 4. The courts held in a county. 5. The shire town and che court-house. 6. The register of deeds and his duties. 7. Justices of the peace and trial justices. 8. The sheriff and his duties. 9. The force at the sheriff's disposal to suppress disorder. 3. The Old Virginia County. By common consent of historians, the two most dis- tinctive and most characteristic lines of development which English forms of government have followed, in propagating themselves throughout the United States, are the two lines that have led through New England on the one hand and through Virginia on the other. We have seen what shape local government assumed in New England ; let us now observe what shape it assumed in the Old Dominion. The first point to be noticed in the early settlement of Virginia is that people did not live so near together as in New England. This was because tobacco, culti- vated on large estates, was a source of wealth. To- bacco drew settlers to Virginia as in later days gold drew settlers to California and sparsely Australia. They came not in organized groups or congregations, but as a multitude of indi- viduals. Land was granted to individuals, and some- 58 THE COUNTY. times these grants were of enormous extent. " John Boiling, who died in 1757, left an estate of 40,000 acres, and this is not mentioned as an extraordinary amount of land for one man to own." 1 From an early period it was customary to keep these great estates together by entailing them, and this continued until entails were abolished in 1776 through the influ- ence of Thomas Jefferson. A glance at the map of Virginia shows to what a remarkable degree it is intersected by navigable rivers. This fact made it possible for plantations, even at a Absence of l n g distance from the coast, to have each its own private wharf, where a ship from England could unload its cargo of tools, cloth, or furniture, and receive a cargo of tobacco in return. As the planters were thus supplied with most of the necessaries of life, there was no occasion for the kind of trade that builds up towns. Even in compara- tively recent times the development of town life in Virginia has been very slow. In 1880, out of 246 cities and towns in the United States with a popula- tion exceeding 10,000, there were only six in Virginia. The cultivation of tobacco upon large estates caused a great demand for cheap labour, and this was supplied partly by bringing negro slaves from Africa, partly by bringing criminals from English jails. The latter were sold into slavery for a limited term of years, and were known as " indentured white servants." So great was the demand for labour that it became customary to kidnap poor friendless wretches on the streets of seaport towns in England and ship them off to Virginia to be sold into servitude. At first these white servants were more numerous than 1 Edward Chanuing, " Town and County Government," in Johns Hopkins University Studies, vol. ii. p. 467. THE OLD VIRGINIA COUNTY. 59 the negroes, but before the end of the seventeenth century the blacks had come to be much the more nu- merous. In this rural community the owners of plantations came from the same classes of society as the settlers of New England ; they were for the most part country squires and yeomen. But while in New Eng- J , . Social posi- land there was no lower class of society tion of set- sharply marked off from the upper, on the other hand in Virginia there was an insurmountable distinction between the owners of plantations and the so-called " mean whites " or " white trash." This class was originally formed of men and women who had been indentured white servants, and was increased by such shiftless people as now and then found their way to the colony, but could not win estates or ob- tain social recognition. With such a sharp division between classes, an aristocratic type of society was developed in Virginia as naturally as a democratic type was developed in New England. In Virginia there were no town-meetings. The dis- tances between plantations cooperated with the dis- tinction between classes to prevent the growth of such an institution. The English parish, with its Virginia par- churchwardens and vestry and clerk, was re- Whe8> produced in Virginia under the same name, but with some noteworthy peculiarities. If the whole body of ratepayers had assembled in vestry meeting, to enact by-laws and assess taxes, the course of development would have been like that of the New England town- meeting. But instead of this the vestry, which exer- cised the chief authority in the parish, was composed of twelve chosen men. This was not government by a primary assembly, it was representative government. A.t first the twelve vestrymen were elected by the peo- 60 THE COUNTY. pie of the parish, and thus resembled the selectmen of New England ; but after a while " they obtained the power of filling vacancies in their own a close number," so that they became what is called a " close corporation," and the people had nothing to do with choosing them. Strictly speaking, that was not representative government ; it was a step on the road that leads towards oligarchical or despotic government. It was the vestry, thus constituted, that apportioned the parish taxes, appointed the churchwardens, pre- Powers of sented the minister for induction into office, the vestry. an( j 3^,^^ as overseers of the poor. The minister presided in all vestry meetings. His salary was paid in tobacco, and in 1696 it was fixed by law at 16,000 pounds of tobacco yearly. In many parishes the churchwardens were the collectors of the parish taxes. The other officers, such as the sexton and the parish clerk, were appointed either by the minister or by the vestry. With the local government thus administered, we see that the larger part of the people had little di- rectly to do. Nevertheless in these small neighbour- hoods government was in full sight of the people. Its proceedings went on in broad daylight and were sus- tained by public sentiment. As Jefferson said, " The vestrymen are usually the most discreet farmers, so distributed through the parish that every part of it may be under the immediate eye of some one of them. They are well acquainted with the details and economy of private life, and they find sufficient inducements to execute their charge well, in their philanthropy, in the approbation of their neighbours, and the distinction which that gives them." l 1 See Howard, Local Constitutional History of the United States, vol. i. p. 122. THE OLD VIRGINIA COUNTY. 61 The difference, however, between the New England township and the Virginia parish, in respect of self- government, was striking enough. We have now to note a further difference. In New England, as we have seen, the township was the unit of representation in the colonial legislature ; but in Virginia the parish was not the unit of representation. The county was that unit. In the colonial legislature of Vir- r^ county ginia the representatives sat not for parishes, ^ f as r , the umt epresen- tation. but for counties. The difference is very sig- nificant. As the political life of New England was in a manner built up out of the political life of the towns, so the political life of Virginia was built up out of the political life of the counties. This was partly because the vast plantations were not grouped about a compact village nucleus like the small farms at the North, and partly because there was not in Vir- ginia that Puritan theory of the church according to which each congregation is a self-governing democ- racy. The conditions which made the New England town-meeting were absent. The only alternative was some kind of representative government, and for this the county was a small enough area. The county in Virginia was much smaller than in Massachusetts or Connecticut. In a few instances the county consisted of only a single parish ; in some cases it was divided into two parishes, but oftener into three or more. In Virginia, as in England and in New England, the county was an area for the administration of justice. There were usually in each county eight ius- ,. . ,, , ., . J ,, The county tices ot the peace, and their court was the court was counterpart of the Quarter Sessions in Eng- close corpo- land. They were appointed by the governor, but it was customary for them to nominate candidates for the governor to appoint, so that practically the 62 THE COUNTY. court filled its own vacancies and was a close corpora- tion, like the parish vestry. Such an arrangement tended to keep the general supervision and control of things in the hands of a few families. This county court usually met as often as once a month in some convenient spot answering to the shire town of England or New England. More often than not the place originally consisted of the court-house and very little else, and was named accordingly from the name of the county, as Hanover Court House or Fairfax Court House ; and the small shire towns that have grown up in such spots often retain these names The county * *^ e present day. Such names occur com- c 5 a u ^ r monly in Virginia, West Virginia, and South House. Carolina, very rarely in Kentucky, North Carolina, Alabama, Ohio, and nowhere else in the United States. 1 Their number has diminished from the tendency to omit the phrase " Court House," leav- ing the name of the county for that of the shire town, as for example in Culpeper, Va. In New England the process of naming has been just the reverse ; as in Hartford County, Conn., or Worcester County, Mass., which have taken their names from the shire towns. In this, as in so many cases, whole chapters of history are wrapped up in geographical names. 2 The county court in Virginia had jurisdiction in criminal actions not involving peril of life or limb, and in civil suits where the sum at stake exceeded 1 In Mitchell's Atlas, 1883, the number of cases is in Va. 38, W. Va. 13, S. C. 16, N. C. 2, Ala. 1, Ky. 1, Ohio, 1. 3 A few of the oldest Virginia counties, organized as such in 1634, had arisen from the spreading and thinning of single set- tlements originally intended to be cities and named accordingly. Hence the curious names (at first sight unintelligible) of " James City County," and " Charles City County." THE OLD VIRGINIA COUNTY. 63 twenty-five shillings. Smaller suits could be tried by a single justice. The court also had charge Powerg of of the probate and administration of wills. thecourt - The court appointed its own clerk, who kept the county records. It superintended the construction and repair of bridges and highways, and for this purpose divided the county into " precincts," and appointed annually for each precinct a highway surveyor. The court also seems to have appointed constables, one for each precinct. The justices could themselves act as coroners, but annually two or more coroners for each parish were appointed by the governor. As we have seen that the parish taxes so much for salaries of minister and clerk, so much for care of church build- ings, so much for relief of the poor, etc. were com- puted and assessed by the vestry ; so the county taxes, for care of court-house and jail, roads and bridges, coroner's fees, and allowances to the representatives sent to the colonial legislature, were computed and assessed by the county court. The general taxes for the colony were estimated by a committee of the legis- lature, as well as the county's share of the colony tax. The taxes for the county, and sometimes the taxes for the parish also, were collected by the sheriff. They were usually paid, not in money, but in tobacco : and the sheriff was the custodian of this The sheriff. tobacco, responsible for its proper disposal. The sheriff was thus not only the officer for executing the judgments of the court, but he was also county treasurer and collector, and thus exercised powers al- most as great as those of the sheriff in England in the twelfth century. He also presided over elections for representatives to the legislature. It is interesting to observe how this very important officer was chosen. M Each year the court presented the names of three of 64 THE COUNTY. its members to the governor, who appointed one, gen- erally the senior justice, to be the sheriff of the county for the ensuing year." * Here again we see this close corporation, the county court, keeping the control of things within its own hands. One other important county officer needs to be men- tioned. We have seen that in early New England each town had its train-band or company of militia, arid that the companies in each county united to form the county regiment. In Virginia it was just the other way. Each county raised a certain number of troops, and because it was not convenient for the men to go many miles from home in assembling for purposes of drill, the county was subdivided into military districts, each with its company, according to rules laid down by the governor. The military command in each The county county was vested in the county lieutenant, lieutenant. an o g cer answering in many respects to the lord lieutenant of the English shire at that period. Usually he was a member of the governor's council, and as such exercised sundry judicial functions. He bore the honorary title of " colonel," and was to some extent regarded as the governor's deputy ; but in later times his duties were confined entirely to military matters. 2 If now we sum up the contrasts between local gov- ernment in Virginia and that in New England, we observe : 1. That in New England the management of local affairs was mostly in the hands of town officers, the 1 Edward Channing, op. cit. p. 478. 9 For an excellent account of local government in Virginia before the Revolution, see Howard, Local Const. Hiit. of the U. S., vol. i. pp. 388-407 ; also Edward Ingle in Johns Hopkins Univ. Studies, III., ii.-iii. THE OLD VIRGINIA COUNTY. 65 county being superadded for certain purposes, chiefly judicial ; while in Virginia the management was chiefly in the hands of county officers, though certain func- tions, chiefly ecclesiastical, were reserved to the parish. 2. That in New England the local magistrates were almost always, with the exception of justices, chosen by the people ; while in Virginia, though some of them were nominally appointed by the governor, yet in practice they generally contrived to appoint them- selves in other words the local boards practically filled their own vacancies and were self-perpetuating. These differences are striking and profound. There can be no doubt that, as Thomas Jefferson clearly saw, in the long run the interests of political liberty are much safer under the New England system than under the Virginia system. Jefferson said, Je ffersoD's " Those wards, called townships in New Eng- gS? land, are the vital principle of their govern- s vemmenfe ments, and have proved themselves the wisest inven- tion ever devised by the wit of man for the perfect exercise of self-government, and for its preservation. 1 . . . As Cato, then, concluded every speech with the words Carthago delenda est, so do I every opinion with the injunction : ' Divide the counties into wards ! '" a We must, however, avoid the mistake of making too much of this contrast. As already hinted, in those rural societies where people generally knew one another, its effects were not so far-reaching as they would be in the more complicated society of to-day. Even though Virginia had not the town-meeting, " it had its familiar court-day," which " was a u Court _ holiday for all the country-side, especially in day> " the fall and spring. From all directions came in the 1 Jefferson's Works, vii. la a Id., vi. 544. 66 THE COUNTY. people on horseback, in wagons, and afoot. On the court-house green assembled, in indiscriminate confu- sion, people of all classes, the hunter from the back- woods, the owner of a few acres, the grand proprietor, and the grinning, heedless negro. Old debts were set- tled, and new ones made ; there were auctions, trans- fers of property, and, if election times were near, stump-speaking." 1 For seventy years or more before the Declaration of Independence the matters of general public concern, about which stump speeches were made on Virginia court-days, were very similar to those that were dis- cussed in Massachusetts town-meetings when represen- tatives were to be chosen for the legislature. Such questions generally related to some real or alleged encroachment upon popular liberties by the royal gov- ernor, who, being appointed and sent from beyond sea, was apt to have ideas and purposes of his own that conflicted with those of the people. This perpetual antagonism to the governor, who represented British imperial interference with American local self-govern- ment, was an excellent schooling in political liberty, alike for Virginia and for Massachusetts. When the stress of the Revolution came, these two leading colo- nies cordially supported each other, and their political characteristics were reflected in the kind of achieve- ments for which each was especially distinguished. The Virginia system, concentrating the administration of local affairs in the hands of a few county families, was eminently favourable for developing ufic in great skilful and vigorous leadership. And while in the history of Massachusetts during the Revolution we are chiefly impressed with the wonderful degree in which the mass of the people exhibited the 1 Ingle, loc. cit. THE OLD VIRGINIA COUNTY. 67 kind of political training that nothing in the world ex- cept the habit of parliamentary discussion can impart 5 on the other hand, Virginia at that time gave us in Washington, Jefferson, Henry, Madison, and Mar- shall, to mention no others such a group of consum- mate leaders as the world has seldom seen equalled. QUESTIONS ON THE TEXT. 1. Why was Virginia more sparsely settled than Massachusetts ? 2. Why was it that towns were built up more slowly in Virginia than in Massachusetts ? 3. How was the great demand for labour in Virginia met ? 4. What distinction of classes naturally arose ? 5. Contrast the type of society thus developed in Virginia with that developed in New England. 6. Compare the Virginia parish in its earlier government with the English parish from which it was naturally copied. 7. Show how the vestry became a close corporation. 8. Who were usually chosen as vestrymen, and what were their powers ? 9. Compare Virginia's unit of representation in the colonial legislature with that of Massachusetts, and give the rea- son for the difference. 10. Describe the county court, showing in particular how it be- came a close corporation. 11. Bring out some of the history wrapped up in the names of county seats. 12. What were the chief powers of the county court ? 13. Describe the assessment of the various taxes. 14. What were the sheriff's duties ? 15. Describe the organization and command of the militia in each county. 1 6. Sum up the differences between local government in Virginia and that in New England (1) as to the management of local affairs and (2) as to the choice of local officers. 17. What did Jefferson think of the principle of township gov- ernment ? 18. What was the equivalent in Virginia of the New England town-meeting ? 19. What was the value of this frequent assembling? 20. What schooling in political liberty before the Revolution did Virginia and Massachusetts alike have ? 68 THE COUNTY. 21. What was an impressive feature of the New England system ? 22. What was an impressive feature of the Virginia system ? SUGGESTIVE QUESTIONS AND DIRECTIONS. 1. How many counties are there in your state ? 2. Name and place them if the number is small. 3. In what county do you live ? 4. Give its dimensions. Are they satisfactory ? Why ? 5. Give its boundaries. 6. Is there anything interesting in the meaning or origin of its name ? 7. How many towns and cities does it contain ? 8. What is the county seat ? Is it conveniently situated ? Rea- sons for thinking so ? 9. If convenient, visit any county building, note the uses to which it is put, and report such facts as may be thus found out. 10. Obtain a deed, no matter how old, and answer these ques- tions about it : a. Is it recorded ? If so, where ? ft. Would it be easy for you to find the record ? c. Why should such a record be kept ? d. What officer has charge of such records ? e. What sort of work must he and his assistants do ? f. The place of such records is called what ? g. What sort of facilities for the public should such a place have ? What safety precautions should be observed there ? h. Why should the county keep such records rather than the city or the town ? f. Is there a record of the deed by which the preceding owner came into possession of the property ? j. What sort of title did the first owner have ? Is there any record of it ? Was the first owner Indian or Euro- pean? (The teacher might obtain a deed and base a class exercise upon it. It is easy with a deed for a text to lead pupils to see the common-sense basis of an important county institution, and thereafter to give very sensible views as to what it should be, even if it is not fully known what it is.) 11. Is there a local court for your town or city ? THE OLD VIRGINIA COUNTY. 69 12. How do its cases compare in magnitude with those tried at the county seat ? 13. If a man steals and is prosecuted, who becomes the plaintiff ? 14. If a man owes and is sued for debt, who becomes the plain- tiff? 15. What is a criminal action ? 1 6. What is a civil action ? 1 7. What is the result to the defendant in the former case, if he is convicted ? 1 8. What is the result to the defendant in the latter case, if the decision is against him ? 19. Is lying a crime or a sin? May it ever become a crime ? 20. Are courts of any service to the vast numbers who are never brought before them ? Why ? 21. May good citizens always keep out of the courts if they choose ? Is it their duty always to keep out of them ? 22. Is there any aversion among people that you know to being brought before the courts ? Why ? 23. What is the purpose of a jail ? Is this purpose realized in fact? 24. Should a disturbance of a serious nature break out in your town, whose immediate duty would it be to quell it ? Suppose this duty should prove too difficult to perform, then what ? 25. What is the attitude of good citizenship towards officers who are trying to enforce the laws ? What is the attitude of good citizenship if the laws are not satisfactory or if the officers are indiscreet in enforcing them ? 26. Suppose a man of property dies and leaves a will, what trou- bles are possible about the disposal of his property ? Sup- pose he leaves no will, what troubles are possible ? Whose duty is it to exercise control over such matters and hold people up to legal and honourable conduct in them? 27. What is an executor ? What is an administrator ? 28. If parents die, whose duty is it to care for their children ? If property is left to such children, are they free to use it as they please ? What has the county to do with such cases ? 29. How much does your town or city contribute towards county expenses ? How does this amount compare with that raised by other towns in the county ? 70 THE COUNTY. 30. Give the organization of your county government. 31. Would it be better for the towns to do themselves the work now done for them by the county ? BIBLIOGRAPHICAL NOTE. 1. THE COUNTY IN ITS BEGINNINGS. This subject is treated in connection with the township in several of the books above mentioned. See especially Howard, Local Const. Hist. 2. THE MODERN COUNTY IN MASSACHUSETTS. There is a good account in Martin's Text Book above mentioned. 3. THE OLD VIRGINIA COUNTY. The best account ..is in J. H. U. Studies, III., ii.-iii. Edward Ingle, Virginia Local In- stitutions. See also my Old Virginia and her Neighbours, ii. 35-44. In dealing with the questions on page 69, both teachers and pupils will find Dole's Talks about Law (Boston, 1887) extremely valuable and helpful. CHAPTEK IV. TOWNSHIP AND COUNTY. 1. Various Local Systems. WE have now completed our outline sketch of town and county government as illustrated in New England on the one hand and in Virginia on the other. There are some important points in the early history of local government in other portions of the original thirteen states, to which we must next call attention ; and then we shall be prepared to understand the manner in which our great western country has been organized under civil government. We must first say something about South Carolina and Maryland. South Carolina was settled from half a century to a century later than Massachusetts and Vir- . . , ,. . . Parishes ermia, and by two distinct streams ot immi- in south mi i i i i Carolina. gration. The lowlands near the coast were settled by Englishmen and by French Huguenots, but the form of government was purely English. There were parishes, as in Virginia, but popular election played a greater part in them. The vestrymen were elected yearly by all the taxpayers of the parish. The minister was also elected by his people, and after 1719 each parish sent its representatives to the colo- nial legislature, though in a few instances two par~ ishes were joined together for the purpose of choosing representatives. The system was thus more demo- 72 TOWNSHIP AND COUNTY. cratic than in Virginia ; and in this connection it il worth while to observe that parochial libraries and free schools were established as early as 1712, much earlier than in Virginia. During the first half of the eighteenth century a very different stream of immigration, coming mostly along the slope of the Alleghanies from Virginia and Pennsylvania, and consisting in great part of Ger- mans, Scotch Highlanders, and Scotch-Irish, peopled the upland western regions of South Carolina. For some time this territory had scarcely any civil organi- zation. It was a kind of " wild West." There were as yet no counties in the colony. There was just one The back sheriff for the whole colony, who " held his country. office by patent f rom fa e crown." 1 A court sat in Charleston, but the arm of justice was hardly long enough to reach offenders in the mountains. " To punish a horse-thief or prosecute a debtor one was sometimes compelled to travel a distance of several hundred miles, and be subjected to all the dangers and delays incident to a wild country." When people cannot get justice in what in civilized countries is the regular way, they will get it in some irregular way. So these mountaineers began to form themselves into bands known as " regulators," quite like the " vigi- lance committees " formed for the same purposes in California a hundred years later. For thieves and murderers the " regulators " provided a speedy trial, and the nearest tree served as a gallows. In order to put a stop to this lynch law, the legisla- ture in 1768 divided the back country into districts, each with its sheriff and court-house, and the The dta- . ..,11 trictiy*- judges were sent on circuit through these districts. The upland region with its dis- 1 B. J. Ramage, in Johns Hopkins Univ. Studies, I., xii. VARIOUS LOCAL SYSTEMS. 73 tricts was thus very differently organized from the lowland region with its parishes, and the effect was for a while almost like dividing South Carolina into two states. At first the districts were not allowed to choose their own sheriffs, but in course of time they acquired this privilege. It was difficult to apportion the representation in the state legislature so as to bal- ance evenly the districts in the west against the par- ishes in the east, and accordingly there was much dissatisfaction, especially in the west which did not get its fair share. In 1786 the capital was moved from Charleston to Columbia as a concession to the back country, and in 1808 a kind of compromise was effected, in such wise that the uplands secured a per- manent majority in the house of representatives, while the lowlands retained control of the senate. The two sections had each its separate state treasurer, and this kind of double government lasted until the Civil War. At the close of the war " the parishes were abol- ished and the district system was extended to the low country." But soon afterward, by the new jj^ mod . constitution of 1868, the districts were abol- c S ik h ished and the state was divided into 34 coun- county< ties, each of which sends one senator to the state sen- ate, while they send representatives in proportion to their population. In each county the people elect three county commissioners, a school commissioner, a sheriff, a judge of probate, a clerk, and a coroner. In one respect the South Carolina county is quite pe- culiar : it has no organization for judicial purposes. " The counties, like their institutional predecessor the district, are grouped into judicial circuits, and a judge is elected by the legislature for each circuit. Trial justices are appointed by the governor for a term of two years." 74 TOWNSHIP AND COUNTY. This system, like the simple county system every- where, is a representative system ; the people take no direct part in the management of affairs. In one re- spect it seems obviously to need amendment. In states where county government has grown up naturally, after the Virginia fashion, the county is apt to be much smaller than in states where it is simply a dis- trict embracing several township governments. Thus the average size of a county in Massachusetts is 557 square miles, and in Connecticut 594 square miles ; but in Virginia it is only 383 and in Kentucky 307 square miles. In South Carolina, however, where the county did not grow up of itself, but has been en- acted, so to speak, by a kind of afterthought, it has been made too large altogether. The average area of the county in South Carolina is about 1,000 square miles. Some counties are much larger. Col- tie* are too leton county in 1890 could hold the whole state of Rhode Island, with 600 square miles to spare. Such an area is much too extensive for local self-government. Its different portions are too far apart to understand each other's local wants, or to act efficiently toward supplying them ; and roads, bridges, and free schools suffer accordingly. An unsuccessful attempt has been made to reduce the size of the coun- ties. But what seems perhaps more likely to happen is the practical division of the counties into school dis- tricts, and the gradual development of these school districts into something like self-governing townships. To this very interesting point we shall again have occasion to refer. We come now to Maryland. The early history of local institutions in this state is a fascinating subject of study. None of the American colonies had a more distinctive character of its own, or reproduced VARIOUS LOCAL SYSTEMS. 75 old English usages in a more curious fashion. There was much in colonial Maryland, with its lords of the manor, its bailiffs and seneschals, its courts baron and courts leet, to remind one of the England of the thir- teenth century. But of these ancient institutions, long since extinct, there is but one that needs to be mentioned in the present connection. In Maryland the earliest form of civil community was called, not a parish or township, but a hundred. This ihe hundred curious designation is often met with in mMar y land - English history, and the institution which it describes, though now almost everywhere extinct, was once almost universal among men. It will be remembered that the oldest form of civil society, which is still to be found among some barbarous races, was that in which families were organized into clans and clans into tribes ; and we saw that among our forefathers in England the dwelling-place of the clan became the township, and the home of the tribe became the shire or county. Now, in nearly all primitive societies that have been studied, we find a group that is larger than the clan but smaller than the tribe, or, in other words, intermediate between clan and tribe. Scholars usually call this group by its Greek name, , T i i -i Clans, broth- phratry, or " brotherhood, for it was known erhoods, and long ago that in ancient Greece clans were grouped into brotherhoods and brotherhoods into tribes. Among uncivilized people all over the world we find this kind of grouping. For example, a tribe of North American Indians is regularly made up of phratries, and the phratries are made up of clans ; and, strange as it might at first seem, a good many half-understood features of early Greek and Roman society have had much light thrown upon them from the study of the usages of Cherokees and Mohawks. 76 TOWNSHIP AND COUNTY. Wherever men have been placed, the problem of form- ing civil society has been in its main outlines the same ; and in its earlier stages it has been approached in pretty much the same way by all. The ancient Romans had the brotherhood, and called it a curia. The Roman people were organized in clans, curies, and tribes. But for military purposes the curia was called a century, because it furnished a quota of one hundred men to the army. The word century originally meant a company of a hundred origin of the men, and it was only by a figure of speech hundred. ^at ft afterward came to mean a period of a hundred years. Now among nil Germanic peoples, including the English, the brotherhood seems to have been called the hundred. Our English forefathers seem to have been organized, like other barbarians, in clans, brotherhoods, and tribes ; and the brotherhood was in some way connected with the furnishing a hun- dred warriors to the host. In the tenth century we find England covered with small districts known as hundreds. Several townships together made a hun- dred, and several hundreds together made a shire. The hundred was chiefly notable as the smallest area for the administration of justice. The hundred court The hundred was a representative body, composed of the court - lords of lands or their stewards, with the reeve and four selected men and the parish priest from each township. There was a chief magistrate for the hundred, known originally as the hundredman, but after the Norman conquest as the high constable. By the thirteenth century the importance of the hundred had much diminished. The need for any such body, intermediate between township Decay of the and county, ceased to be felt, and the func- hun< tions of the hundred were gradually absorbed by the VARIOUS LOCAL SYSTEMS. 77 county. Almost everywhere in England, by the reign of Elizabeth, the hundred had fallen into decay. It is curious that its name and some of its peculiarities should have been brought to America, and should in one state have remained to the present day. Some of the early settlements in Virginia were called hun- dreds, but they were practically nothing more than parishes, and the name soon became obsolete, except upon the map, where we still see, for example, Ber- muda Hundred. But in Maryland the hundred flour- ished and became the political unit, like the township in New England. The hundred was the militia dis- trict, and the district for the assessment of taxes. In the earliest tunes it was also the representative dis- trict ; delegates to the colonial legislature sat for hundreds. But in 1654 this was changed, meetings in . Maryland. and representatives were elected by counties. The officers of the Maryland hundred were the high constable, the commander of militia, the tobacco- viewer, the overseer of roads, and the assessor of taxes. The last-mentioned officer was elected by the people, the others were all appointed by the governor. The hundred had also its assembly of all the people, which was in many respects like the New England town- meeting. These hundred-meetings enacted by-laws, levied taxes, appointed committees, and often exhib- ited a vigorous political life. But after the Revolu- tion they fell into disuse, and in 1824 the hundred became extinct in Maryland ; its organization was swallowed up in that of the county. In Delaware, however, the hundred remains to this day. There it is simply an imperfectly developed township, but its relations with the county, The hundred as they have stood with but little change toDelaware - since 1743, are very interesting. Each hundred used 78 TOWNSHIP AND COUNTY. to choose its own assessor of taxes, and every year in the month of November the assessors from all the hundreds used to meet in the county court-house, along with three or more justices of the peace and eight grand jurors, and assess the taxes for the ensuing year. A month later they assembled again, to hear complaints from persons who considered themselves overtaxed ; and having disposed of this business, they proceeded to appoint collectors, one for each hundred. This county assembly was known as the " court of levy and appeal," or more briefly as the levy court. It appointed the county treasurer, the road Thelery * court, or commissioners, and the overseers of the represents tire county poor. Since 1793 the levy court has been wsembly. J . . composed ot special commissioners chosen by popular vote, but its essential character has not been altered. As a thoroughly representative body, it reminds one of the county courts of the Plantagenet period. We next come to the great middle colonies, Pennsyl- vania and New York. The most noteworthy feature of local government in Pennsylvania was the The old ... /v> pennsyiYa- general election of county officers by popular vote. The county was the unit of represen- tation in the colonial legislature, and on election days the people of the county elected at the same time their sheriffs, coroners, assessors, and county commissioners. In this respect Pennsylvania furnished a model which has been followed by most of the states since the Rev- olution, as regards the county governments. It is also to be noted that before the Revolution, as Pennsyl- vania increased in population, the townships began to participate in the work of government, each township choosing its overseers of the poor, highway surveyors, and inspectors of elections. 1 1 Town-meetings were not quite unknown in Pennsylvania ; VARIOUS LOCAL SYSTEMS. 79 New York had from the very beginning the rudi- ments of an excellent system of local self-government. The Dutch villages had their assemblies, which under the English rule were developed into town- . , , . , - - Town-meet- meetings, though with less ample powers ings in New than those of New England. The govern- ing body of the New York town consisted of the con- stable and eight overseers, who answered in most respects to the selectmen of New England. Four of the overseers were elected each year in town-meeting, and one of the retiring overseers was at the same time elected constable. In course of time the elec- tive offices came to include assessors and collectors, town clerk, highway surveyors, fence-viewers, pound- masters, and overseers of the poor. At first the town- meetings seem to have been held only for the election of officers, but they acquired to a limited extent the power of levying taxes and enacting by-laws. In 1703 a law was passed requiring each town to elect yearly an officer to be known as the " supervisor," A The county whose duty was " to compute, ascertain, ex- board of u- . . . pervisors. amine, oversee, and allow the contingent, publick, and necessary charges " of the county. 2 For this purpose the supervisors met once a year at the county town. The principle was the same as that of the levy court in Delaware. This board of supervis- ors was a strictly representative government, and formed a strong contrast to the close corporation by which county affairs were administered in Virginia. The New York system is of especial interest, because it has powerfully influenced the development of local institutions throughout the Northwest. see W. P. Holcomb, " Pennsylvania Boroughs," /. H. U. Studies, IV., iv. 8 Howard, Local Const. Hitt., i. 111. 80 TOWNSHIP AND COUNTY. QUESTIONS ON THE TEXT. 1. Describe the early local government of eastern South Caro- lina. 2. Describe the early local government of western South Caro- lina. 3. Explain the difference. 4. What effort was made in 1768 to put a stop to lynch law ? 5. What difficulties arose from the attempted adjustment of 1768? 6. What compromises were made between the two sections down to the time of the Civil War ? 7. What changes have been made in local government since the Civil War? 8. Mention a peculiarity of the South Carolina county. 9. Compare its size with that of counties in other states. 10. What disadvantage is due to this great size ? 1 1. What was the earliest form of civil community in Maryland, and from what source did it come ? 12. Trace the development of the hundred in accordance with the following outline : a. Intermediate groups between clans and tribes. b. Illustrations from Greece and the North American In- dians. c. The Roman century and the German hundred. 13. Describe the English hundred in the tenth century. 14. Describe the hundred court. 15. Describe the Maryland hundred and its decay. 1 6. What is the relation of the Delaware hundred to the county ? 17. Describe the Delaware levy court. 1 8. What were the prominent features of the Pennsylvania sXmnty ? 19. Compare the town-meetings of New York with those of New England. 20. What was the government of the New York county ? 21 . How did this government compare with that of the Virginia county? SETTLEMENT OF THE PUBLIC DOMAIN 81 2. Settlement of the Public Domain. The westward movement of population in the United States has for the most part followed the parallels of latitude. Thus Virginians and North Carolinians, crossing the Alleghanies, settled Kentucky and Tennes- see ; thus people from New England filled up the cen- tral and northern parts of New York, and ,,7 ,. , Tlfr . . Westward passed on into Michigan and Wisconsin; movement of i r\i T T -i TIT i population. thus Ohio, Indiana, and Illinois received many settlers from New York and Pennsylvania. In the early times when Kentucky was settled, the pio- neer would select a piece of land wherever he liked, and after having a rude survey made, and the limits marked by " blazing " the trees with a hatchet, the sur- vey would be put on record in the state land-office. So little care was taken that " half a dozen patents would sometimes be given for the same tract. Pieces o land, of all shapes and sizes, lay between the patents. . . . Such a system naturally begat no end of litiga- tion, and there remain in Kentucky curious vestiges of it " to this day. 1 In order to avoid such confusion in the settlement of the territory north of the Ohio river, Congress passed the land-ordinance of 1785, which was based chiefly upon the suggestions of Thomas Jefferson, and laid the foundation of our simple and excellent system for surveying national lands. According to this sys- tem as gradually perfected, the government survey- ors first mark out a north and south line which is called the principal meridian. Twenty- Method of four such meridians have been established. S^pubik! The first was the dividing line between Ohio landa> and Indiana ; the last one runs through Oregon a lit- 1 Hinsdale, Old Northwest, p. 261. 82 TOWNSHIP AND COUNTY. tie to the west of Portland. On each side of the prin* cipal meridian there are marked off subordinate me- ridians called range lines, six miles apart, and nuiu- bered east and west from their principal. 1 Then a true parallel of latitude is drawn, crossing these merid- ians at right angles. It is called the base line, or standard parallel. Eleven such base lines, for exam- ple, run across the great state of Oregon. Finally, on each side of the base line are drawn subordinate parallels called township lines, six miles apart, and numbered north and south from their base line. By i The following is a diagram of the first principal meridian, and of the base Hue running across southern Michigan. A B is the principal meridian ; C D is the base line. The figures on the base line mark the range lines ; the figures on the principal meridian mark the township lines. E is township 4 north in range 5 east ; F is township 5 south in range 4 west ; G is township 2 north in range 3 west. 6 6 4 E Q 3 2 6 6 4 3 2 1 1 2 3 4 5 6 1 2 3 4 F 6 6 D As the intervals between meridians diminish as we go north- SETTLEMENT OF THE PUBLIC DOMAIN. 83 these range lines and township lines the whole land is thus divided into townships just six miles square, and the townships are all numbered, western Take, for example, the township of Deerfield in Michigan. That is the fourth township north of the base line, and it is in the fifth range east of the first principal meridian. It would be called township num- ber 4 north range 5 east, and was so called before it was settled and received a name. Evidently one must go 24 miles from the principal meridian, or 18 miles from the base line, in order to enter this township. It is all as simple as the numbering of streets in Philadelphia. 1 ward, it is sometimes necessary to introduce a correction line, the nature of which will be seen from the following diagram: Correction Line.. Base Line. DIAGRAM OF CORRECTION LINE. 1 In Philadelphia the streets for the most part cross each other at right angles and at equal distances, so that the city is laid out like a checkerboard. The parallel streets running in one direc- tion have names, often taken from trees. Market Street is the 84 TOWNSHIP AND COUNTY. If now we look at Livingston County, in which this township of Deerfield is situated, we observe that the county is made up of sixteen townships, in four rows of four; and the next county, Washtenaw, is made up of twenty townships, in five rows -of four. Maps of our Western states are thus apt to have somewhat of and of wt- a checkerboard aspect, not unlike the won- em counties, derful country which Alice visited after she had gone through the looking-glass. Square townships are apt to make square or rectangular counties, and the state, too, is likely to acquire a more symmetrical shape. central street from which the others are reckoned in both direc- tions according to the couplet " Market, Arch, Race, and Vine, Chestnut, Walnut, Spruce, and Pine," etc. The cross streets are not named but numbered, as First, Second, etc. The houses on one side of the street have odd numbers and on the other side even numbers, as is the general custom in the United States. With each new block a new century of num- bers begins, although there are seldom more than forty real numbers in a block. For example, the corner house on Market Street, just above Fifteenth, is 1501 Market Street. At some- where about 1535 or 1539 you come to Sixteenth Street; then there is a break in the numbering, and the next corner house is 1601. So in going along a numbered street, say Fifteenth, from Mar- ket, the first number will be 1 ; after passing Arch, 101 ; after passing Race, 201, etc. With this system a very slight famil- iarity with the city enables one to find his way to any house, and to estimate the length of time needful for reaching it. St. Louis and some other large cities have adopted the Philadelphia plan, the convenience of which is as great as its monotony. In Wash- ington the streets running in one direction are lettered A, B, C, etc., and the cross streets are numbered ; and upon the checker- board plan is superposed another plan in which broad avenues radiate in various directions from the Capitol, and a few other centres. These avenues cut through the square system of streets in all directions, so that instead of the dull checkerboard monot- ony there is an almost endless variety of magnificent vistas. SETTLEMENT OF THE PUBLIC DOMAIN. 85 Nothing could be more unlike the jagged, irregular shape of counties in Virginia or townships in Massa- chusetts, which grew up just as it happened. The contrast is similar to that between Chicago, with its straight streets crossing at right angles, and Boston, or London, with their labyrinths of crooked lanes. For picturesqueness the advantage is entirely with the irregular city, but for practical convenience it is quite the other way. So with our western lands the sim- plicity and regularity of the system have made it a marvel of convenience for the settlers, and doubtless have had much to do with the rapidity with which civil governments have been built up in the West. " This fact," says a recent writer, " will be appreciated by those who know from experience the ease and cer- tainty with which the pioneer on the great plains of Kansas, Nebraska, or Dakota is enabled to select his homestead or ' locate his cla*im ' unaided by the expen- sive skill of the surveyor." 1 There was more in it than this, however. There was a germ of organization planted in these western town- ships, which must be noted as of great importance. Each township, being six miles in length and six miles in breadth, was divided into thirty-six numbered sections, each containing just one square mile, or 640 acres. Each section, moreover, was divided into 16 tracts of 40 acres each, and sales to settlers were and are generally made by tracts at the of the rate of a dollar and a quarter per acre. For fifty dollars a man may buy forty acres of unsettled land, provided he will actually go and settle upon it, and this has proved to be a very effective inducement for enterprising young men to " go West." Many a tract thus bought for fifty dollars has turned out to 1 Howard, Local Const. Hist, of U. S., vol. i. p. 139. 86 TOWNSHIP AND COUNTY. be a soil upon which princely fortunes have grown. A tract of forty acres represents to-day in Chicago or Minneapolis an amount of wealth difficult for the im- agination to grasp. But in each of these townships there was at least one section which was set apart for a special purpose. This was usually the sixteenth section, nearly in the centre of the township ; and sometimes the The reserva- . . . tionforpub- thirty-sixth section, in the southeast corner, was also reserved. These reservations were for the support of public schools. Whatever money was earned, by selling the land or otherwise, in these sections, was to be devoted to school purposes. This was a most remarkable provision. No other nation has ever made a gift for schools on so magnificent a scale. We have good reason for taking pride in such a liberal provision. But we ought not to forget that all national gifts really involve taxation, and this is no exception to the rule, although in this case it is not a taking of money, but a keeping of it back. The na- tional government says to the local government, what- ever revenues may come from that section of 640 acres, be they great or small, be it a spot in a rural grazing district, or a spot in some crowded city, are not to go into the pockets of individual men and wo- men, but are to be reserved for public purposes. This is a case of disguised taxation, and may serve to re- mind us of what was said some time ago, that a gov- ernment cannot give anything without in one way or another depriving individuals of its equivalent. No man can sit on a camp-stool and by any amount of tugging at that camp-stool lift himself over a fence. Whatever is given comes from somewhere, and what- ever is given by governments comes from the people. This reservation of one square mile in every town- SETTLEMENT OF THE PUBLIC DOMAIN. 87 ship for purposes of education has already most pro- foundly influenced the development of local inthisreser- govermnent in our western states, and in the w a ere n t near future its effects are likely to become to^ still deeper and wider. To mark out a town- K ship on the map may mean very little, but when once you create in that township some institution that needs to be cared for, you have made a long stride toward inaugurating township government. When a state, as for instance Illinois, grows up after the method just described, what can be more natural than for it to make the township a body corporate for school purposes, and to authorize its inhabitants to elect school officers and tax themselves, so far as may be necessary, for the support of the schools? But the school-house, in the centre of the township, is soon found to be useful for many purposes. It is conven- ient to go there to vote for state officers or for con- gressmen and president, and so the school township becomes an election district. Having once estab- lished such a centre, it is almost inevitable that it should sooner or later be made to serve sundry other purposes, and become an area for the election of con- stables, justices of the peace, highway surveyors, and overseers of the poor. In this way a vigorous town- ship government tends to grow up about the school- house as a nucleus, somewhat as in early New England it grew up about the church. This tendency may be observed in almost all the western states and territories, even to the Pacific coast. When the western country was first settled, represen- tative county government prevailed almost At first the everywhere. This was partly because the ^^l 7 *' earliest settlers of the West came in much T * Ued> greater numbers fron| the middle and southern states 88 TOWNSHIP AND COUNTY. than from New England. It was also partly because, so long as the country was thinly settled, the number of people in a township was very small, and it was not easy to have a government smaller than that of the county. It was something, however, that the little squares on the map, by grouping which the counties were made, were already called townships. There is much in a name. It was still more important that these townships were only six miles square ; for that made it sure that, in due course of time, when popula- tion should have become dense enough, they would be convenient areas for establishing township govern- ment. QUESTIONS ON THE TEXT. 1. What feature is conspicuous in the westward movement of population in the United States ? 2. What looseness characterized early surveys in Kentucky ? 3. What led to the passage of the land ordinance of 1785 ? 4. Give the leading features of the government survey of west- ern lands : a. The principal meridians. 6. The range lines. c. The base lines. d. The township lines. 5. Illustrate the application of the system in the case of a town. 6. Contrast in shape western townships and counties with corre- sponding divisions in Massachusetts and Virginia. 7. Contrast them in convenience and in picturesqueness. 8. What had the convenience of the government system to do with the settlement of the West ? 9. What were the divisions of the township, and what disposi- tion was made of them ? 10. What important reservations were made in the townships ? 1 1 . Show how these reservations involved a kind of taxation. 12. What profound influence has the reservation for schools ex- erted upon local government ? 13. Why did the county system prevail at first ? TOWNSHIP-COUNTY SYSTEM. 89 3. The Representative Township- County System in the West. The first western state to adopt the town-meeting was Michigan, where the great majority of the setr tiers had come from New England, or from central New York, which was a kind of west- meeting in ward extension of New England. 1 Coun- ties were established in Michigan Territory in 1805, and townships were first incorporated in 1825. This was twelve years before Michigan became a state. At first the powers of the town-meeting were narrowly limited. It elected the town and county officers, but its power of appropriating money seems to have been restricted to the purpose of extirpating noxious ani- mals and weeds. In 1827, however, it was author- ized to raise money for the support of schools, and since then its powers have steadily increased, until now they approach those of the town-meeting in Mas- sachusetts. The history of Illinois presents an extremely inter- esting example of rivalry and conflict between the town system of New England and the county settlement system of the South. Observe that this ofimnoia - great state is so long that, while the parallel of lati- tude starting from its northern boundary runs through Marblehead in Massachusetts, the parallel through its southernmost point, at Cairo, runs a little south of Petersburg in Virginia. In 1818, when Illinois framed its state government and was admitted to the Union, its population was chiefly in the southern half, 1 " Of the 496 members of the Michigan Pioneer Association in 1881, 407 are from these sections " [New England and New York]. Bemis, Local Government in Michigan and the NorA- weft, J. H. U. Studies, I., v. 90 TOWNSHIP AND COUNTY. and composed for the most part of pioneers from Vir- ginia and Virginia's daughter-state Kentucky. These men brought with them the old Virginia county sys- tem, but with the very great difference that the county officers were not appointed by the governor, or allowed to be a self -perpetuating board, but were elected by the 'people of the county. This was a true advance in the democratic direction, but an essential defect of the southern system remained in the absence of any kind of local meeting for the discussion of public affairs and the enactment of local laws. By the famous Ordinance of 1787, to which we shall again have occasion to refer, negro slavery had been forever prohibited to the north of the Ohio river, Effects of so that, in spite of the wishes of her early S ) /oi~ settlers, Illinois was obliged to enter the 1787. Union as a free state. But in 1820 Mis- souri was admitted as a slave state, and this turned the stream of southern migration aside from Illinois to Missouri. These emigrants, to whom slaveholding was a mark of social distinction, preferred to go where they could own slaves. About the same time settlers from New England and New York, moving along the southern border of Michigan and the northern borders of Ohio and Indiana, began pouring into the northern part of Illinois. These new-comers did not find the representative county system adequate for their needs, and they demanded township government. A memora- ble political struggle ensued between the northern and southern halves of the state, ending in 1848 with the adoption of a new constitution. It was provided " that the legislature should enact a general law for the political organization of townships, under which any county might act whenever a majority of its voters should so determine." l This was introducing the 1 Shaw, Local Government in Illinois, J. H. U. Studies, I., iii. TOWNSHIP-COUNTY SYSTEM. 91 principle of local option, and in accordance therewith township governments with town-meetings were at once introduced in the northern counties of the state, while the southern counties kept on in the old way. Now comes the most interesting part of the story. The two systems being thus brought into immediate contact in the same state, with free choice between them left to the people, the northern system has slowly but steadily supplanted the southern system, until at the present day only one fifth part of the counties in Illinois remain without township government. This example shows the intense vitality of the township system. It is the kind of government that people are sure to prefer when they have i n te ns evi- once tried it under favourable conditions, township "* In the West the hostile conditions against 8 y stem - which it has to contend are either the recent existence of negro slavery and the ingrained prejudice in favour of the Virginia method, as in Missouri ; or simply the sparseness of population, as in Nebraska. Time will evidently remove the latter obstacle, and probably the former also. It is very significant that in Missouri, which began so lately as 1879 to erect township gov- ernments under a local option law similar to that of Illinois, the process has already extended over about one sixth part of the state ; and in Nebraska, where the same process began in 1883, it has covered nearly one third of the organized counties of the -state. The principle of local option as to government has been carried still farther in Minnesota and Dakota. The method just described may be called county op- county option ; the question is decided by a to^shfp majority vote of the people of the county. option ' But in Minnesota in 1878 it was enacted that as soon as any one of the little square townships in that state 92 TOWNSHIP AND COUNTY. should contain as many as twenty-five legal voters, it might petition the board of county commissioners and obtain a township organization, even though the ad- jacent townships in the same county should remain under county government only. Five years later the same provision was adopted by Dakota, and under it township government is steadily spreading. Two distinct grades of township government are to be observed in the states west of the Alleghanies ; the one has the town-meeting for deliberative township purposes, the other has not. In Ohio and/ government, i. , . i i -i i 'i i i Indiana, which derived their local institu- tions largely from Pennsylvania, there is no such town-meeting, the administrative offices are more or less concentrated in a board of trustees, and the town is quite subordinate to the county. The principal features of this system have been reproduced in Iowa, Missouri, and Kansas. The other system was that which we have seen be- ginning in Michigan, under the influence of New York and New England. Here the town-meeting, with legislative powers, is always present. The most noticeable feature of the Michigan system is the rela- tion between township and county, which was taken from New York. The county board is composed of the supervisors of the several townships, and thus repre- sents the townships. It is the same in Illinois. It is held by some writers that this is the most perfect form of local government, 1 but on the other hand the objection is made that county boards thus constituted are too large. 2 We have seen that in the states in question there are not less than 16, and sometimes more than 20, townships in each county. In a board 1 Howard, Local Const. Hist., passim. > Bemifl, Local Government in Michigan, J. H. U. Studies, L, Y, TOWNSHIP-COUNTY SYSTEM. 93 of 16 or 20 members it is hard to fasten responsi- bility upon anybody in particular ; and thus it be- comes possible to have " combinations," and to indulge in that exchange of favours known as " log-rolling," which is one of the besetting sins of all large repre- sentative bodies. Responsibility is more concentrated in the smaller county boards of Massachusetts, Wis- consin, and Minnesota. It is one signal merit of the peaceful and untram- melled way in which American institutions have grown up, the widest possible scope being allowed to individual and local preferences, that differ- -i . no i-i n . An excellent ent states adopt different methods 01 attain- result of the - . . . ., ... absence of inff the great end at which all are aiming in centraiiza- , r\ tioninthe common, good government, Une part ot united our vast country can profit by the experi- ence of other parts, and if any system or method thus comes to prevail everywhere in the long run, it is likely to be by reason of its intrinsic excellence. Our country affords an admirable field for the study of the general principles which lie at the foundations of uni- versal history. Governments, large and small, are growing up all about us, and in such wise that we can watch the processes of growth, and learn lessons which, after making due allowances for difference of circum- stance, are very helpful in the study of other times and countries. The general tendency toward the spread of township government in the more recently settled parts of the United States is unmistakable, and I have already re- marked upon the influence of the public school sys- tem in aiding this tendency. The school district, as a preparation for the self-governing township, is already exerting its influence in Colorado, Nevada, California, Wyoming, Montana, Idaho, Oregon, and Washing- ton. 94 TOWNSHIP AND COUNTY. Something similar is going on in the southern states, as already hinted in the case of South Carolina. Lo- cal taxation for school purposes has also been estab- lished in Kentucky and Tennessee, in both Virginias, and elsewhere. There has thus begun a most natural and wholesome movement, which might easily be checked, with disastrous results, by the injudicious appropriation of national revenue for the Township FT , i T . government aid of southern schools. It is to be hoped is germioat- _. i lug in the that throughout the southern states, as f or- Bouth. . ~. . merly in Michigan, the self-governing school district may prepare the way for the self-governing township, with its deliberative town-meeting. Such a growth must needs be slow, inasmuch as it requires long political training on the part of the negroes and the lower classes of white people; but it is along such a line of development that such political training can best be acquired ; and in no other way is complete harmony between the two races so likely to be secured. QUESTIONS ON THE TEXT. 1. Describe the origin and development of the town-meeting in Michigan. 2. Describe the settling of southern Illinois. 3. Describe the settling of northern Illinois. 4. What difference in thought and feeling existed between these sections ? 5. What systems of local government came into rivalry in Illi- nois, and why ? 6. What compromise between them was put into the state con- stitution ? 7. Which system, the town or the county, has shown the greater vitality, and why ? 8. What obstacles has the town system to work against ? 9. Show how the principle of local option in government has been applied in Missouri, Nebraska, Minnesota, and Da- kota. TOWNSHIP-COUNTY SYSTEM. 95 10. What two grades of town government exist west of the Alleghanies ? 1 1 . What objection exists to large county boards of govern- ment ? 12. Why is our country an excellent field for the study of the principles of government ? 13. What unmistakable tendency in the case of township govern- ment is noticeable ? 14. Speak of township government in the South. SUGGESTIVE QUESTIONS AND DIRECTIONS. It may need to be repeated (see page 12) that it is not expected that each pupil shall answer all the miscellaneous questions put, or respond to all the suggestions made in this book. Indeed, the teacher may be pardoned if now and then he finds it difficult himself to answer a question, particularly if it is framed to provoke thought rather than lead to a conclusion, or if it is bet- ter fitted for some other community or part of the country than that in which he lives. Let him therefore divide the questions among his pupils, or assign to them selected questions. In cases that call for special knowledge, let the topics go to pupils who may have exceptional facilities for information at home. The important point is not so much the settlement of all the questions proposed as it is the encouragement of the inquiring and thinking spirit on the part of the pupil. 1. What impression do you get from this chapter about the hold of town government upon popular favour ? 2. What do you regard as the best features of town govern- ment ? 3. Is there any tendency anywhere to divide towns into smaller towns ? If it exists, illustrate and explain it. 4- Is there any tendency anywhere to unite towns into larger towns or into cities ? If it exists, illustrate and explain it. 5. In every town-meeting there are leaders, usually men of character, ability, and means. Do you understand that these men practically have their own way in town affairs, that the voters as a whole do but little more than fall in with the wishes and plans of their leaders ? Or is there considerable independence in thought and action on the side of the voters ? 96 TOWNSHIP AND COUNTY. (5. Can a town do what it pleases, or is it limited in its action ? If limited, by whom or by what is it restricted, and where are the restrictions recorded ? (Consult the Statutes.) 7. Why should the majority rule in town-meeting ? Suggest, if possible, a better way. 8. Is it, on the whole, wise that the vote of the poor man shall count as much as that of the rich, the vote of the igno- rant as much as that of the intelligent, the vote of the unprincipled as much as that of the high-toned ? 9. Have the poor, the ignorant, or the unprincipled any inter- ests to be regarded in government ? 10. IB the single vote a man casts the full measure of his influ- ence and power in the town-meeting ? 1 1. What are the objections to a suffrage restricted by property and intellectual qualifications ? To a suffrage uiire- stricted by such qualifications ? 12. Is lynch law ever justifiable ? 13. Ought those who resort to lynch law to be punished ? If so, for what ? 14* Compare the condition or government of a community where lynch law is resorted to with the condition or government of a community where it is unknown. . 1 5- May the citizen who is not an officer of the law interfere (1) to stop the fighting of boys in the public streets, (2) to capture a thief who is plying his trade, (3) to defend a person who is brutally assaulted ? Is there anything like lynch law in such interference ? Where does the citizen's duty begin and end in such cases ? 16. How came the United States to own the pubb'o domain or any part of it? (Consult my Critical Period of Amer. Hist., pp. 187-207.) 17. How does this domain get into the possession of individuals ? 1 8. Is it right for the United States to give any part of it away ? If right, under what conditions is it right ? If wrong, under what conditions is it wrong ? 19. What is the " homestead act " of the United States, and what is its object ? 20. Can perfect squares of the same size be laid out with the range and township lines of the public surveys ? Are all the sections of a township of the same size ? Explain. TOWNSHIP-COUNTY SYSTEM. 97 BIBLIOGRAPHICAL NOTE. 1. VARIOUS LOCAL SYSTEMS. .7. H. U. Studies, I., vi., Edward Ingle, Parish Institutions of Maryland ; I., vii., John Johnson, Old Maryland Manors j I., xii., B. J. Ramage, Local Government and Free Schools in South Carolina ; III., v.-vii., L. W. Wilhelm, Local Institutions of Maryland j IV., i., Irving El- ting, Dutch Vihage Communities on the Hudson River. 2. SETTLEMENT OF THE PUBLIC DOMAIN. /. H. U. Studies, III., i., H. B. Adams, Maryland's Influence upon Land Cessions to the United States ; IV., vii.-ix., Shoshuke Sato, His- tory of the Land Question in the United States. 3. THE REPRESENTATIVE TOWNSHIP-COUNTY SYSTEM. J. H. U. Studies, I., iii., Albert Shaw, Local Government in Illi- nois ; I., v., Edward Bemis, Local Government in Michigan and the Northwest ; II., vii., Jesse Macy, Institutional Beginnings in a Western State (Iowa). For further illustration of one set of institutions supervening upon another, see also V., v.-vi., J. G. Bourinot, Local Government in Canada ; VIII., iii., D. E. Spen- cer, Local Government in Wisconsin. CHAPTER V. THE CITY. 1. Direct and Indirect Government. IN the foregoing survey of local institutions and their growth, we have had occasion to compare and sometimes to contrast two different methods Summary of . foregoing of government as exemplified on the one hand in the township and on the other hand in the county. In the former we have direct govern- ment by a primary assembly, 1 the town-meeting ; in the latter we have indirect government by a represen- tative board. If the county board, as in colonial Vir- ginia, perpetuates itself, or is appointed otherwise than by popular vote, it is not strictly a representative board, in the modern sense of the phrase ; the govern- ment is a kind of oligarchy. If, as in colonial Penn- sylvania, and in the United States generally to-day, the county board consists of officers elected by the people, the county government is a representative democracy. The township government, on the other hand, as exemplified in New England and in the northwestern states which have adopted it, is a pure democracy. The latter, as we have observed, has one signal advantage over all other kinds of government, 1 A primary assembly is one in which the members attend of their own right, without having been elected to it ; a representa- tive assembly is composed of elected delegates. DIRECT AND INDIRECT GOVERNMENT 99 in so far as it tends to make every man feel that the business of government is part of his own business, and that where he has a stake in the management of public affairs he has also a voice. When people have got into the habit of leaving local affairs to be man- aged by representative boards, their active interest in local affairs is liable to be somewhat weakened, as all energies in this world are weakened, from want of exercise. When some fit subject of complaint is brought up, the individual is too apt to feel that it is none of his business to furnish a remedy, let the proper officers look after it. He can vote at elec- tions, which is a power ; he can perhaps make a stir in the newspapers, which is also a power ; but personal participation in town-meeting is likewise a power, the necessary loss of which, as we pass to wider spheres of government, is unquestionably to be regretted. Nevertheless the loss is inevitable. A primary assembly of all the inhabitants of a county, for pur- poses of local government, is out of the question. There must be representative government, and for this purpose the county system, an inheritance from the ancient English shire, count y- has furnished the needful machinery. Our county government is near enough to the people to be kept in general from gross abuses of power. There are many points which can be much better decided in small rep- resentative bodies than in large miscellaneous meetings. The responsibility of our local boards has been fairly well preserved. The county system has had no mean share in keeping alive the spirit of local independence and self-government among our people. As regards efficiency of administration, it has achieved commend- able success, except in the matter of rural highways ; and if our roads are worse than those of any other 100 THE CITY. civilized country, that is due not so much to imperfect administrative methods as to other causes, such as the sparseness of population, the fierce extremes of sunshine and frost, and the fact that since this huge country began to be reclaimed from the wilderness, the average voter, who has not travelled in Europe, knows no more about good roads than he knows about the temples of Psestum or the pictures of Tintoretto, and therefore does not realize what demands he may reasonably make. Representative government in counties is necessi- tated by the extent of territory covered ; in cities it is necessitated by the multitude of people. When the town comes to have a very large population, why indirect it is in the first place physically impossible government . . __. .. , u inevitable to have town-meetings. No way could be devised by which all the taxpayers of the city of New York could be assembled for discussion. In 1820 the population of Boston was about 40,000, of whom rather more than 7,000 were voters qualified to attend the town-meetings. Consequently " when a town- meeting was held on any exciting subject in Faneuil Hall, those only who obtained places near the moder- ator could even hear the discussion. A few busy or in- terested individuals easily obtained the management of the most important affairs in an assembly in which the greater number could have neither voice nor hearing. When the subject was not generally exciting, town-meet- ings were usually composed of the selectmen, the town officers, and thirty or forty inhabitants. Those who thus came were for the most part drawn to it from some offi- cial duty or private interest, which, when performed or attained, they generally troubled themselves but. little, or not at all, about the other business of the meeting." l * Quincy's Municipal History of Boston, p. 28, DIRECT AND INDIRECT GOVERNMENT. 101 Under these circumstances it was found necessary in 1822 to drop the town-meeting altogether and de- vise a new form of government for Boston. After various plans had been suggested and discussed, it was decided that the new government should be vested in a mayor ; a select council of eight persons to be called the board of aldermen ; and a common council of forty-eight persons, four from each of twelve wards into which the city was to be divided. All these officials were to be elected by the people. At the same time the official name " Town of Boston " was changed to " City of Boston." Let us in the second place observe that as towns increase in size the amount of government that is necessary tends in some respects to increase. TJ-'I i ii TI i Growth in W nerever there is a crowd there is likely to complexity be some need of rules and regulations. In incut in the country a man may build his house pretty much as he pleases ; but in the city he may be forbid- den to build it of wood, and perhaps even the thickness of the party walls or the position of the chimneys may come in for some supervision on the part of the govern- ment. For further precaution against spreading fires, the city has an organized force of men, with costly engines, engine-houses, and stables. In the country a board of health has comparatively little to do ; in the city it is often confronted with difficult sanitary problems which call for highly paid professional skill on the part of physicians and chemists, architects and plumbers, masons and engineers. So, too, the water supply of a great city is likely to be a complicated business, and the police force may well need as much management as a small army. In short, with a city, increase in size is sure to involve increase in [the number and complexity of the problems to be solved 102 THE CITY. by the legislative body, necessitating careful and pro- longed consideration and frequent discussion, such as would be impracticable under a town-meeting system. To meet the new situation, it is customary for a com- munity to substitute an indirect or representative form of government for the direct or primary form which has sufficed for the comparatively simple needs of a small and scattered population. l A charter, creating a new municipal corporation with well-defined powers, a representative assembly, and more distinct and highly organized executive and judicial departments, is se- cured from the state legislature. In some states, the municipality is organized under a general enabling act instead of by grant of a special charter. In Massa- chusetts, a town may apply for a city charter when it has twelve thousand inhabitants ; in Pennsylvania, when it has ten thousand. Boroughs 2 and incorpo- rated villages, such as exist in some of the New Eng- land and Middle States, are intermediate in type between the town and the city, illustrating the first short step towards representative government. The origin of English boroughs and cities is so highly instructive in this connection as to warrant us in devoting another section to it.] There is more or less of history involved in these offices and designations, to which we may devote a few words of explanation. 1 A remarkable instance of the adaptability of the town-meet- ing to urban conditions is seen in Brookline, Mass. With a pop- ulation little short of twenty-five thousand, the community still refuses to adopt a representative form of government. 2 The word appears in many town names, such as Edinburgh, Scarborough, Canterbury, Bury St. Edmunds ; and on the Conti- nent, as Hamburg, Cherbourg, Burgos, etc. In Connecticut, New Jersey, Pennsylvania, and Minnesota, the name " borough " is applied to a certain class of municipalities with some of the powers of cities. FISKE. DIRECT AND INDIRECT GOVERNMENT. 103 In New England local usage there is an ambiguity in the word " town." As an official designation it means the inhabitants of a township considered as a community or corporate body. In com- mon parlance it often means the patch of land constituting the township on the map, as when we say that Squire Brown's elm is " the biggest tree in town." But it still oftener means a collec- tion of streets, houses, and families too large to be called a vil- lage, but without the municipal government that characterizes a city. Sometimes it is used par excellence for a city, as when an inhabitant of Cambridge, itself a large suburban city, speaks of going to Boston as going " into town." But such cases are of course mere survivals from the time when the suburb was a vil- lage. In American usage generally the town is something be- tween village and city, a kind of inferior or incomplete city. The image which it calls up in the mind is of something urban and not rural. This agrees substantially with the usage in European history, where " town " ordinarily means a walled town or city as contrasted with a village. In England the word is used either in this general sense, or more specifically as signifying an inferior city, as in America. But the thing which the town lacks, as compared with the complete city, is very different in America from what it is in England. In America it is municipal govern- ment with mayor, aldermen, and common council which must be added to the town in order to make it a city. In England the town may (and usually does) have this municipal government ; but it is not distinguished by the Latin name " city " unless it has a cathedral and a bishop. Or in other words the English city is, or has been, the capital of a diocese. Other towns in England are distinguished as " boroughs," an old Teutonic word which was originally applied to towns as fortified places. The voting inhabitants of an English city are called " citizens ; " those of a borough are called " burgesses." Thus the official corporate de- signation of Cambridge is "the mayor, aldermen, and burgesses of Cambridge ; " but Oxford is the seat of a bishopric, and its corporate designation is " the mayor, aldermen, and citizens of Oxford." QUESTIONS ON THE TEXT. 1. What is the essential difference between township govern- ment and county government ? 2. What is the distinct advantage of the former ? 3. Why is direct government impossible in the county ? 4. Speak of the degree of efficiency in county government. 104 THE CITY. 5. Why is direct government impossible in a city ? Give two reasons. 6. What difficulties in direct government were experienced in Boston in 1820 and many years preceding ? 7. What remedy for these difficulties was adopted ? 8. What effect has the growth of a town upon the amount of government necessary ? 9. Why does this render government by town-meeting imprac- ticable ? IO. By what process is the city government substituted for that of the town ? 2. Origin of English Boroughs and Cities. What, then, was the origin of the English borough or city ? In the days when Roman legions occupied for a loner time certain military stations in Cheaters." -o -, . ! , .Britain, their camps were apt to become centres of trade and thus to grow into cities. Such places were generally known as casters or chesters, from the Latin castra, " camp," and there are many of them on the map of England to-day. But these were exceptional cases. As a rule the origin of the borough was as purely English as its name. We have seen that the town was originally the dwelling-place coalescence ^ a stationary clan, surrounded by palisades i ntofc^tified or by a dense quickset hedge. Now where boroughs. guc jj 8ma ll enclosed places were thinly scat- tered about they developed simply into villages. But where, through the development of trade or any other cause, a good many of them grew up close together within a narrow compass, they gradually coalesced into a kind of compound town ; and with the greater population and greater wealth, there was naturally more elaborate and permanent fortification than that of the palisaded village. There were massive walls and frowning turrets, and the place came to be called a fortress or " borough." The borough, then, " was ENGLISH BOROUGHS AND CITIES. 105 simply several townships packed tightly together ; a hundred smaller in extent and thicker in population than other hundreds." J From this compact and composite character of the borough came several important results. We have seen that the hundred was the smallest area for the administration of justice. The town- as a hm ug ship was in many respects self-governing, but it did not have its court, any more than the New England township of the present day has its court. The lowest court was that of the hundred, but as the borough was equivalent to a hundred it soon came to have its own court. And although much obscurity still surrounds the early history of municipal govern- ment in England, it is probable that this court was a representative board, like any other hundred court, and that the relation of the borough to its constituent townships resembled the relation of the modern city to its constituent wards. But now as certain boroughs grew larger and an- nexed outlying townships, or acquired adjacent terri- tory which presently became covered with The borough ^streets and houses, their constitution became asacount y- still more complex. The borough came to embrace several closely packed hundreds, and thus became analogous to a shire. In this way it gained for itself a sheriff and the equivalent of a county court. For example, under the charter granted by Henry I. in 1101, London was expressly recognized as a county by itself. Its burgesses could elect their own chief magistrate, who was called the port-reeve, inasmuch as London is a seaport ; in some other towns he was called the borough-reeve. He was at once the chief 1 Freeman, Norman Conquest, vol. v. p. 466. For a descrip- tion of the hundred, see above, pp. 75-80. 106 THE CITY. executive officer and the chief judge. The burgesses could also elect their sheriff, although in all rural counties Henry's father, William the Conqueror, had lately deprived the people of this privilege and ap- pointed the sheriffs himself. London had its rep- resentative board, or council, which was the equiva- lent of a comity court. Each ward, moreover, had its own representative board, which was the equivalent of a hundred court. " Within the wards, or hundreds, the burgesses were grouped together in township, par- ish, or manor. . . . Into the civic organization of London, to whose special privileges all lesser cities were ever striving to attain, the elements of local ad- ministration embodied in the township, the hundred, and the shire thus entered as component parts." l Constitutionally, therefore, London was a little world in itself, and in a less degree the same was true of other cities and boroughs which afterwards obtained the same kind of organization, as for example, York and Newcastle, Lincoln and Norwich, Southampton and Bristol. In such boroughs or cities all classes of society were brought into close contact, barons ;uuV The guilds. . . P knights, priests and monks, merchants and craftsmen, free labourers and serfs. But trades and manufactures, which always had so much to do with the growth of the city, acquired the chief power and the control of the government. From an early period tradesmen and artisans found it worth while to form themselves into guilds or brotherhoods, in order to protect their persons and property against insult and robbery at the hands of great lords and their lawless military retainers. Thus there came to be guilds, or 1 Hannis Taylor, Origin and Growth of the English Constitu^ tion, Tol. i. p. 458. ENGLISH BOROUGHS AND CITIES. 107 " worshipful companies," of grocers, fishmongers, butchers, weavers, tailors, ironmongers, carpenters, saddlers, armourers, needle-makers, etc. In large towns there was a tendency among such trade guilds to combine in a " united brotherhood," or " town guild," and this organization at length acquired full control of the city government. In London this pro- cess was completed in the course of the thirteenth cen- tury. To obtain the full privileges of citizenship one had to be enrolled in a guild. The guild hall became the city hall. The aldermen, or head men of sundry guilds, became the head men of the several Mayor) al _ wards. There was a representative board, common and or common council, elected by the citizens. councU - The aldermen and common council held their meet- ings in the Guildhall, and over these meetings pre- sided the chief magistrate, or port-reeve, who by this time, in accordance with the fashion then prevailing, had assumed the French title of mayor. As London had come to be a little world in itself, so this city government reproduced on a small scale the national government ; the mayor answering to the king, the aristocratic board of aldermen to the House of Lords, and the democratic common council to the House of Commons. A still more suggestive comparison, per- haps, would be between the aldermen and our federal Senate, since the aldermen represented wards, while the common council represented the citizens. The constitution thus perfected in the city of Lon- don * six hundred years ago has remained to this day 1 The city of London extends east and west from the Tower to Temple Bar, and north and south from Finsbury to the Thames, with a population of not more than 100,000, and is but a small part of the enormous metropolitan area now known as London, which is a circle of twelve miles radius in every direc- 108 THE CITY. The city of without essential change. The voters are enrolled members of companies which re- present the ancient guilds. Each year they choose one of the aldermen to be lord mayor. Within the city he has precedence next to the sovereign and be- fore the royal family ; elsewhere he ranks as an earl, thus indicating the equivalence of the city to a county, and with like significance he is lord lieutenant of the city and justice of the peace. The twenty-six alder- men, one for each ward, are elected by the people, such as are entitled to vote for members of parlia- ment; they are justices of the peace. The common councilmen, 206 in number, are also elected by the people, and their legislative power within the city is practically supreme ; parliament does not think of overruling it. And the city government thus consti- tuted is one of the most clean-handed and efficient in the world. The development of other English cities and bor- oughs was so far like that of London that merchant guilds generally obtained control, and government by mayor, aldermen, and common council came to be the Bngiiih prevailing type. Having also their own buiwwkBof judges and sheriffs, and not being obliged to go outside of their own walls to obtain justice, to enforce contracts and punish crime, their efficiency as independent self-governing bodies was great, and in many a troubled time they served as staunch bulwarks of English liberty. The strength of their turreted walls was more than supplemented by the length of their purses, and such immunity from the encroachments of lords and king as they tion from its centre at Charing Cross, with a population of more than 6,000,000. This vast area is an agglomeration of many parishes, manors, etc., and has [now many of its common interests provided for and supervised by the London County Council]. ENGLISH BOROUGHS AND CITIES. 109 could not otherwise win, they contrived to buy. Ar- bitrary taxation they generally escaped by compound- ing with the royal exchequer in a fixed sum or quit- rent, known as thejirma burgi. It was never safe for any king to trespass upon the liberties of London, and through the worst times that city has remained a true republic with liberal republican sentiments. If George III. could have been guided by the advice of London, as expressed by its great alderman Beckford, the American colonies would not have been driven into rebellion. The most signal part played by the English bor- oughs and cities, in securing English freedom, dates from the thirteenth century, when the nation was vaguely struggling for representative government on a national scale, as a means of curbing the power of the crown. In that memorable struggle, the issue of which to some extent prefigured the shape that the government of the United States was to take five hun- dred years afterward, the cities and boroughs sup- ported Simon de Montfort, the leader of the i i c Simon de popular party and one of the foremost among Montfort the heroes and martyrs of English liberty. ties. Accordingly, on the morrow of his decisive victory at Lewes in 1264, when for the moment he stood master of England, as Cromwell stood four centuries later, Simon called a parliament to settle the affairs of the kingdom, and to this parliament he invited, along with the lords who came by hereditary custom, not only two elected representatives from each rural county, but also two elected representatives from each city and borough. In this parliament, which met in 1265, the combination of rural with urban representatives brought all parts of England together in a grand representative body, the House of Commons, with 110 THE CITY. interests in common ; and thus the people presently gained power enough to defeat all attempts to estab- lish irresponsible government, such as we call despot- ism, on the part of the crown. If we look at the later history of English cities and boroughs, it appears that, in spite of the splendid work which they did for the English people at large, they did not always succeed in preserving their own liberties unimpaired. London, indeed, has always maintained its character as a truly cit&8 S (cir. representative republic. But in many Ensr- lf00 18^5^ lish cities, during the Tudor and Stuart periods, the mayor and aldermen contrived to dis- pense with popular election, and thus to become close corporations or self-perpetuating oligarchical bodies. There was a notable tendency toward this sort of irresponsible government in the reign of James I., and the Puritans who came to the shores of Massachu- setts Bay were inspired with a feeling of revolt against such methods. This doubtless lent an emphasis to the mood in which they proceeded to organize themselves into free self-governing townships. The oligarchical abuses in English cities and boroughs remained until they were swept away by the great Municipal Reform Act of 1835. The first city governments established in America were framed in conscious imitation of the correspond- ing institutions in England. The oldest city govern- ment in the United States is that of New York. Shortly after the town was taken from the Dutch in 1664, the new governor, Colonel Nichols, put an end to its Dutch form of government, and appointed a mayor, Government ^ ve aldermen, and a sheriff. These officers ofNeVYork appointed inferior officers, such as consta- )i66-i82i). bles, an( j li^je OJ . nothing was left to popular ENGLISH BOROUGHS AND CITIES. Ill election. But in 1686, under Governor Dongan, New York was regularly incorporated and chartered as a city. Its constitution bore an especially close resem- blance to that of Norwich, then the third city in Eng- land in size and importance. The city of New York was divided into six wards. The governing corpora- tion consisted of the mayor, the recorder, the town- clerk, six aldermen, and six assistants. All the land not taken up by individual owners was granted as public land to the corporation, which in return paid into the British exchequer one beaver-skin yearly. This was a survival of the old quit-rent or firma burgi. 1 The city was made a county, and thus had its court, its sheriff and coroner, and its high [and inferior con- stables. The aldermen and assistants, who seem to have answered to the ordinary common council, were elected annually by the people, but the mayor and sheriff were appointed by the governor, while of the other officers some were appointed by the king or governor, others by the mayor, and still others by the mayor and common council conjointly.] The mayor, recorder, and aldermen, without the assistants, were a judicial body, and held a weekly court of common pleas. When the assistants were added, the whole became a legislative body empowered to enact by-laws. Although this charter granted very imperfect powers of self-government, the people contrived to live under it for a hundred and thirty-five years, until 1821. Before the Revolution their petitions succeeded in ob- taining only a few unimportant amendments. 2 When the British army captured the city in September, 1776, it was forthwith placed under martial law, and so re- 1 Jameson, "The Municipal Government of New York," Mag. Amer. Hist., vol. viii. p. 609. 2 Especially in the so-called Montgomerie charter of 1730. 112 THE CITY. mained until the army departed in November, 1783. During those seven years New York was not altogether a comfortable place in which to live. After 1783 the city government remained as before, except that the state of New York assumed the control formerly ex- ercised by the British crown. Mayor and recorder, town-clerk and sheriff, were now appointed by a coun- cil of appointment consisting of the governor and four senators. This did not work well, and the constitution of 1821 gave to the people the power of choosing their sheriff and town-clerk, while the mayor was to be elected by the common council.- Nothing but the ap- pointment of the recorder remained in the hands of the governor. Thus nearly forty years after the close of the War of Independence the city of New York acquired self-government as complete as that of the city of London. In 1857, as we shall see, this self- government was greatly curtailed, with results more or less disastrous. The next city governments to be organized in the American colonies, after that of New York, were those of Philadelphia, incorporated in 1701, and An- City govern- napolis, incorporated in 1708. These govern- Phiilideiphia nients were framed after the wretched pat- (iToi-1789). j.gj.jj then so common in England. In both cases the mayor, the recorder, the aldermen, and the common council constituted a close self-electing cor- poration. The resulting abuses were not so great as in England, probably because the cities were so small. But in course of time, especially in Philadelphia as it increased in population, the viciousness of the system was abundantly illustrated. As the people could not elect the governing corporation or any of its members, they very naturally and reasonably distrusted it, and through the legislature they contrived so to limit its ENGLISH BOROUGHS AND CITIES, 113 powers of taxation that it was really unable to keep the streets in repair, to light them at night, or to sup- port an adequate police force. An attempt was made to supply such wants by creating divers independent boards of commissioners, one for paving and draining, another for street-lamps and watchmen, a third for town-pumps, and so on. In this way responsibility got so minutely parcelled out and scattered, and there was so much jealousy and wrangling between the different boards and the corporation, that the result was chaos. The public money was habitually wasted and occasionally embezzled, and there was general dis- satisfaction. In 1789 the close corporation was abol- ished, and thereafter the aldermen and common coun- cil were elected by the citizens, the mayor was chosen by the aldermen out of their own number, and the recorder was appointed by the mayor and aldermen. 1 Thus Philadelphia obtained a representative govern- ment. These instances of New York and Philadelphia sufficiently illustrate the beginnings of city govern- ment in the United States. In each case the system was copied from England at a time when city govern- ment in England was sadly demoralized. What was copied was not the free republic of London, with its 1 [The history of the election of mayors in American cities is interesting. The mayor of New York city was appointed by the council, consisting of the governor and four state senators, up to 1822, and then was chosen by the aldermen. It was not until 1834 that the mayor of this municipality was elected by the qualified voters. In Philadelphia, the mayor was chosen by the city council as late as the year 1839. The mayor of Boston was, by the charter creating the city, elected by popular vote. This charter, granted in 1822, allowed the mayor to be a member of the city council. At present, the mayors of American cities are generally elected by the voters. Conkling, City Government in the United States, pp. 28, 29.] 114 THE CITY. noble traditions of civic honour and sagacious public spirit, but the imperfect republics or oligarchies into which the lesser English boroughs were siuking, amid the foul political intrigues and corruption which char- acterized the Stuart period. The government of American cities in our own time is admitted on all hands to be far from satisfactory. It is in- Y teresting to observe that the cities which had lacking. municipal government before the Revolu- tion, though they have always had their full share of able and high-minded citizens, do not possess even tbe tradition of good government. And the difficulty, in those colonial times, was plainly want of adequate self-government, want of responsibility on the part of the public servants toward their employers the people. QUESTIONS ON THE TEXT. 1. What was the origin of the casters and chesters that are found in England to-day ? 2. Trace the development of the English borough until it be- came a kind of hundred. 3. Compare this borough with the hundred in the administra- tion of justice. 4. Trace the further development of the borough in cases in which it became a county. 5. Illustrate this development with London, showing how the elements of the township, the hundred, and the shire gov- ernment enter into its civic organization. 6. Explain the origin and the objects of the various guilds. 7- Compare the government of London with that of Great Britain or of the United States. 8. Give some account of the lord mayor, the aldermen, and the councilmen of London. 9- Distinguish between London the city and London the me- tropolis. IO. Show how the English cities and boroughs became bulwarks of liberty bjr (1) their facilities for obtaining justice, (2) THE GOVERNMENT OF CITIES. 115 the strength of their walls, and (3) the length of their purses. 11. Contrast the power of London with that of the throne. 12. What notable advance in government was made under the leadership of Simon de Montfort ? 13. What abuses crept into the government of many of the English cities ? 14. What was the Puritan attitude towards such abuses ? 15. Give an account of the government of New York city : a. The charter of 1686. b. The governing corporation. c. The public land. d. The city's privileges as a county. f. Judicial functions. f. Martial law. g. The charter of 1821. 16. Give an account of the government of Philadelphia : a. The governments after which it was patterned. 6. The viciousness of the system adopted. c. The legislative interference that was thus provoked. d. The division of responsibility and the results of such division. e. The nature of the changes made in 1789. 17. Why are the traditions of good government lacking in the older American cities ? 3. The Government of Cities in the United States [We cannot better approach this subject than by asking ourselves what we may reasonably ex- Mim i C i pal pect in these days from the government of a actlvltiefl - city. While there is room for a difference of opinion, we shall all agree upon at least thus much of the answer: The modern city must be a safe place in which to live and hold property. A moment's a Pr t e c- reflection will show how great and varied tlon> a responsibility this imposes upon the government. There must be an adequate police force and a thor- oughly organized fire department. There should be 116 THE CITY. a board of health to promote proper sanitary condi- tions and prevent the spread of contagious diseases. This department may and should draw extensively upon the resources of modern science. Further, the city must have a complete sewer system and must make provision for the disposal of sewage and garbage. 1 Streets must be kept clean, and there must be more or less supervision of the food supply, housing con- ditions, markets, and slaughter houses. Finally, cities make provision for their paupers. Another set of activities which most of us will as- sign to the modern city, are the so-called utility func- tions. The city must be a convenient place in which to live and to carry on business. First and foremost, b. conve- an adequate supply of water for a multitude nience. o y the governor, with or without the consent of the council, and they held office during life or good be- haviour. Among the changes made in our state con- stitutions since the Revolution, there have been few more important than those which have affected the position of the judges. In most of the states they are now elected by the people for a term of years, some- times as short as two years. There is a growing feel- ing that this change waa a mistake. It seems to have lowered the general character of the judiciary. The change was made by reasoning from analogy : it waa 188 THE STATE. supposed that in a free country all offices ought to be elective and for short terms. But the Elective and . . .. .. . appointive case of a judge is not really analogous to that of executive officers, like mayors and governors and presidents. The history of popular liberty is much older than the history of the United States, and it would be difficult to point to an in- stance in which popular liberty has ever suffered from the life tenure of judges. On the contrary, the judge ought to be as independent as possible of all transient phases of popular sentiment, and American experience during the past century seems to teach us that in the few states where the appointing of judges during life or good behaviour has prevailed, the administration of justice has been better than in the states where the judges have been elected for specified terms. Since 1869 there has been a marked tendency toward lengthening the terms of elected judges, and in sev- eral states there has been a return to the old method of appointing judges by the governor, subject to con- firmation by the senate. 1 It is one of the excellent features of our system of federal government, that the several states can thus try experiments each for itself and learn by comparison of results. When things are all trimmed down to a dead level of uniformity by the central power, as in France, a prolific source of valu- able experiences is cut off and shut up. Secondly, a distinctive characteristic of the Ameri- can state is the written constitution. This feature is so remarkable and so important as to require a chap- ter all to itself. 1 FOP details, see the admirable monograph of Henry Hitch- cock, American State Constitutions, p. 53. THE STATE GOVERNMENTS. 189 QUESTIONS ON THE TEXT. 1. Modifications of state government during the last cen- tury : a. Property qualifications for office. b. The distinction between the upper and the lower bouse. c. The advantage in retaining a two-chambered legislature. 2. The suffrage : a. The persons to whom it is granted. b. The qualifications established. c. The persons excluded from its exercise. d. Historical reasons for the exclusion of women. e. Present extent. 3. The separation of the executive and legislative depart- ments : a. The relation of the great executive officers to legislation in Europe. b. The work of legislation in the United States. c. The most serious of the dangers that beset democratic government. d. Important safeguards against such a danger. 4. The state executive : a. The governor as a part of the legislature. b. Officers always belonging to executive departments. c. Officers frequently belonging to executive departments. d. The relation of the governor to other elected executive officers. 5. The ordinary functions of the governor : a. Advising the legislature. b. Commanding the militia. c. Pardoning criminals or commuting their sentences. d. Vetoing acts of the legislature. 6. Why is the power to veto particular items in a bill appro- priating public money an important safeguard against corruption ? 7. Local self-government in the United States left unim- paired : a. The extent of state supervision of towns and counties. b. The spirit thus developed in American citizens. 8. A lesson from the symmetry of the French government ! a. The departments and their administration- b. The prefect and big duties, 190 THE STATE. e. The department council and its sphere of action. . . Congress the British government, and peace had fol- lowed, this congress would probably have been as temporary an affair as its predecessors ; people would probably have waited until overtaken by some other emergency. But inasmuch as war followed, the congress assembled again in May, 1775, and there- after became practically a permanent institution until it died of old age with the year 1788. This congress was called " continental " to distin- guish it from the " provincial congresses " held in several of the colonies at about the same time. The thirteen colonies were indeed but a narrow strip on the edge of a vast and in large part unexplored conti- nent, but the word " continental " was convenient for distinguishing between the whole confederacy and its several members. The Continental Congress began to exercise a cer- tain amount of directive authority from the time of its first meeting in 1774. Such authority as it had arose simply from the fact that it represented an agreement on the part of the several governments to The several P ursue a certain line of policy. It was a tateswer* diplomatic and executive, but scarcely yet never at any r ' J J time sorer- a legislative body. Nevertheless it was the eign states. * visible symbol of a kind of union between the states, There never was a time when any one ORIGIN OF THE FEDERAL UNION. 213 of the original states exercised singly the full pow- ers of sovereignty. Not one of them was ever a small sovereign state like Denmark or Portugal. As they acted together under the common direction of the Brit- ish government in 1759, the year of Quebec, so they acted together under the common direction of that revolutionary body, the Continental Congress, in 1775, the year of Bunker Hill. In that year a " continental army " was organized in the name of the " United Colonies." In the following year, when independence was declared, it was done by the concerted action of all the colonies ; and at the same time a committee was appointed by Congress to draw up a written con- stitution. This constitution, known as the . i i The Ancles " Articles of Confederation, was submitted of oonfed- to Congress in the autumn of 1777, and was sent to the several states to be ratified. A unanimous ratification was necessary, and it was not until March 1781, that unanimity was secured and the articles adopted. Meanwhile the Revolutionary War had advanced into its last stages, having been carried on from the outset under the general direction of the Continental Congress. When reading about this period of our history, the student must be careful not to be misled by the name " congress " into reasoning as if there were any resemblance whatever between that body and the congress which was created by our Federal Constitution. The Continental Congress was not the parent of our Federal Congress ; the former died without offspring, and the latter had a very different origin, as we shall soon see. The former simply be- queathed to the latter a name, that was all. The Continental Congress was an assembly of dele- gates from the thirteen states, which from 1774 to 214 THE FEDERAL UNION. 1783 held its sessions at Philadelphia. 1 It owned Nature and no federal property, not even the house in coutentai e whicl1 Jt assembled, and after it had been congress. turned out of doors by a mob of drunken soldiers in June, 1783, it flitted about from place to place, sitting now at Trenton, now at Annapolis, and finally at New York. 2 Each state sent to it as many delegates as it chose, though after the adoption of the articles no state could send less than two or more than seven. Each state had one vote, and it took nine votes, or two thirds of the whole, to carry any meas- ure of importance. One of the delegates was chosen president or chairman of the congress, and this posi- tion was one of great dignity and considerable influ- ence, but it was not essentially different from the posi- tion of any of the other delegates. There were no distinct executive officers. Important executive mat- ters were at first assigned to committees, such as the Finance Committee and the Board of War, though at the most trying time the finance committee was a com- mittee of one, in the person of Robert Morris, who was commonly called the Financier. The work of the finance committee was chiefly trying to solve the prob- lem of paying bills without spending money, for there was seldom any money to spend. Congress could not tax the people or recruit the army. When it wanted money or troops, it could only ask the state govern- ments for them ; and generally it got from a fifth to a fourth part of the troops needed, but of money a far 1 Except for a few days in December, 1776, when it fled to Baltimore ; and again from September, 1777, to June, 1778, when Philadelphia was in possession of the British ; during that interval Congress held its meetings at York in Pennsylvania. 1 See my Critical Period of American History, pp. 112, 271, 306. ORIGIN OF THE FEDERAL UNION. 215 smaller proportion. Sometimes it borrowed money from Holland or France, but often its only resource was to issue paper promises to pay, or the so-called Continental paper money. There were no federal courts, 1 nor marshals to execute federal decrees. Con- gress might issue orders, but it had no means of com- pelling obedience. The Continental Congress was therefore not in the full sense a sovereign body. A government is not really a government until it can impose taxes and thus command the money needful for keeping it It wag not in existence. Nevertheless the Congress ex- ^w^d^ith ercised some of the most indisputable func- 80Terei 8y. tions of sovereignty. " It declared the independence of the United States ; it contracted an offensive and defensive alliance with France ; it raised and organ- ized a Continental army ; it borrowed large sums of money, and pledged what the lenders understood to be the national credit for their repayment ; it issued an inconvertible paper currency, granted letters of marque, and built a navy." 2 Finally it ratified a treaty of peace with Great Britain. So that the Con- gress was really, in many respects, and in the eyes of the world at large, a sovereign body. Time soon showed that the continued exercise of such powers was not compatible with the absence of the power to tax the people. In truth the situation of the Conti- nental Congress was an illogical situation. In the ef- fort of throwing off the sovereignty of Great Britain, the people of these states were constructing a federal union faster than they realized. Their theory of the 1 Except the "Court of Appeals in Cases of Capture," for an admirable account of which see Jameson's Essays in the Consti- tutional History of the United States, pp. 1-45. * Critical Period, p. 93. 216 THE FEDERAL UNION. situation did not keep pace with the facts, and their first attempt to embody their theory, in the Articles of Confederation, was not unnaturally a failure. At first the powers of the Congress were vague. They were what are called " implied war powers ; " that is to say, the Congress had a war with Great Britain on its hands, and must be supposed to hare power to do whatever was necessary to bring the war to a successful conclusion. At first, too, when it had only begun to issue paper money, there was a momen- tary feeling of prosperity. Military success added to its appearance of strength, and the reputation of the Congress reached its highwater mark early in 1778, after the capture of Burgoyne's army and the mak- ing of the alliance with France. After that time, with the weary prolonging of the war, the increase of Decline of *^ e public debt, and the collapse of the pa- nentLTcon- P er currency, its reputation steadily declined, grew. There was also much work to be done in re- organizing the state governments, and this kept at home in the state legislatures many of the ablest men who would otherwise have been sent to the Congress. Thus in point of intellectual capacity the latter body was distinctly inferior in 1783 to what it had been when first assembled nine years earlier. The arrival of peace did not help the Congress, but made matters worse. When the absolute necessity of presenting a united front to the common enemy was removed, the weakness of the union was shown in many ways that were alarming. The sentiment of union was weak. In spite of the community in lan- guage and institutions, which was so favourable to union, the people of the several states had many local prejudices which tended to destroy the union in its in- fancy. A man was quicker to remember that he was ORIGIN OF THE FEDERAL UNION. 217 a New Yorker or a Massachusetts man than that he was an American and a citizen of the United States. Neighbouring states levied custom-house duties against one another, or refused to admit into their Anarchical markets each other's produce, or had quar- t* 1 " 16110188 - rels about boundaries which went to the verge of war. Things grew worse every year until by the autumn of 1786, when the Congress was quite bankrupt and most of the states nearly so, when threats of secession were heard both in New England and in the South, when there were riots in several states and Massachu- setts was engaged in suppressing armed rebellion, when people in Europe were beginning to ask whether we were more likely to be seized upon by France or reconquered piecemeal by Great Britain, it came to be thought necessary to make some kind of a change. Men were most unwillingly brought to this conclu- sion, because they were used to their state assemblies and not afraid of them, but they were afraid of in- creasing the powers of any government superior to the states, lest they should thus create an unmanageable tyranny. They believed that even anarchy, though a dreadful evil, is not so dreadful as despotism, and for this view there is much to be said. After no end of trouble a convention was at length got together at Philadelphia in May, 1787, and after four months of work with closed doors, it was able to offer ' . . The Federal to the country the new Federal Constitution, convention Both in its character and in the work which it did, this Federal Convention, over which "Washing- ton presided, and of which Franklin, Madison, and Hamilton were members, was one of the most remark- able deliberative bodies known to history. We have seen that the fundamental weakness of the Continental Congress lay in the fact that it could 218 THE FEDERAL UNION. not tax the people. Hence although it could for a time exert other high functions of sovereignty, it could only do so while money was supplied to it from other sources than taxation ; from contributions made by the states in answer to its " requisitions," from foreign loans, and from a paper currency. But such resources could not last long. It was like a man's trying to live upon his own promissory notes and upon gifts and un- secured loans from his friends. When the supply of money was exhausted, the Congress soon found that it could no longer comport itself as a sovereign power ; it could not preserve order at home, and the situation abroad may be illustrated by the fact that George III. kept garrisons in several of our northwestern frontier towns and would not send a minister to the United States. This example shows that, among the sov- ereign powers of a government, the power of taxation is the fundamental one upon which all the others de- pend. Nothing can go on without money. But the people of the several states would never consent to grant the power of taxation to such a body as the Continental Congress, in which they were not represented. The Congress was not a legislature, but a diplomatic body ; it did not represent the people, but the state governments ; and a large state like Pennsylvania had no more weight in it than a little state like Delaware. If there was to be any central assembly for the whole union, endowed with the power of taxation, it must be an assembly represent- ing the American people just as the assembly of a single state represented the people of the state. As soon as this point became clear, it was seen to be necessary to throw the Articles of Confederation overboard, and construct a new national government. As was said above, our Federal Congress is not de- ORIGIN OF THE FEDERAL UNION. 219 scended from the Continental Congress. Its parent- age is to be sought in the state legislatures. Our federal government was constructed after the general model of the state governments, with some points copied from British usages, and some points that were original and new. QUESTIONS ON THE TEXT. 1. What are the reasons for reserving the Constitution of the United States for the concluding chapter ? 2. Circumstances that favoured union of the colonies : a. The origin of their inhabitants. b. All the details of their civil government. c. The ease with which they understood one another. d. Their common dangers, two in particular. 3. Earlier unions among the colonies : a. The New England Confederacy, its time, purpose, and duration. b. The French danger, and plans to meet it. c. The Albany Congress, its nature and immediate purpose. d. The Stamp Act Congress. 4. Committees of correspondence : a. The circular letter of Massachusetts in 1768. b. Town committees of correspondence in Massachusetts in 1772. c. Colonial committees of correspondence in 1773. d. The habit established through these committees. 5. The Continental Congress : a. The immediate causes that led to it. 6. How it might have been temporary. c. How it became permanent. d. Its date, place of meeting, and duration. e. Why " continental " as distinguished from " provincial ? " f. The nature and extent of its authority. g. The states represented in it never fully sovereign. 6. Give an account of the " Articles of Confederation:" 7. Distinguish between the Continental Congress and the Federal. 8. The powers dtf the Continental Congress : a. Its homelessness and wandering. b. Its delegates and their voting power. 220 THE FEDERAL UNION. c. Its presiding officer. d. Its management of executive matters. e. The finance committee and its problems. f. The raising of money. g. The compelling of obedience. 9. The Continental Congress not a sovereign body : a. The nature of real government. b. Some functions of sovereignty exercised by the Congress. c. The situation illogical. 10. Explain the " implied war powers " of the Congress. 11. When was the Congress at the height of its reputation, and why? 12. Explain the decline in its reputation from 1778 to 1783. 13. The alarming weakness of the union after 1783 : a. The effect of peace upon the union. 6. Local prejudices. c. State antagonisms. d. The gloomy outlook in 1786. 14. The Federal Convention in 1787 : a. The reluctance to make the change that was felt to be needed. 5. Some facts about the Convention. c. The character of its delegates. d. The fundamental weakness of the Continental Congress. e. The fundamental power of a strong government. f. The objection to granting the power of taxation to the Continental Congress. g. The sort of assembly demanded for exercising the taxing power. A. The model on which the federal government was built. 2. The Federal Congress. The federal House of Representatives is descended, through the state houses of representatives, from the colonial assemblies. It is an assembly representing the whole population of the country as if it were all in one great state. It is composed of mem- The House 111 of R3pre*- bers chosen every other year by the people of the states. Persons in any state who are qualified to vote for state representatives are qualified THE FEDERAL CONGRESS. 221 to vote for federal representatives. This arrange- ment left the power of regulating the suffrage in the hands of the several states, where it still remains, save for the restriction imposed in 1870 for the protection of the southern freedmeu. A candidate for election to the House of Representatives must be twenty-five years old, must have been seven years a citizen of the United States, and must be an inhabitant of the state in which he is chosen. As the Federal Congress is a taxing body, repre- sentatives and direct taxes are apportioned among the several states according to the same rule, that is, according to population. At this point a difficulty arose in the Convention as to whether slaves should be counted as population. If they were to be counted, the relative weight of the slave states in all matters of national legislation would be much increased. The northern states thought, with reason, that it would be unduly increased. The difficulty was ad- , , T i . i The three lusted by a compromise according to which fifths com- "J, , , promise. five slaves were to be reckoned as three per- sons. Since the abolition of slavery this provision has become obsolete, but until 1860 it was a very im- portant factor in American history. 1 In the federal House of Representatives the great states of course have much more weight than the small states. In 1790 the four largest states had 32 representatives, while the other nine had only 33. The largest state, Virginia, had 10 representatives to 1 from Delaware. These disparities have increased. In 1880, out of thirty-eight states the nine largest had a majority of the house, and the largest state, New York, had 34 representatives to 1 from Delaware. This feature of the House of Representatives caused * See my Critical Period, pp. 257-262. 222 THE FEDERAL UNION. the smaller states in the Convention to oppose the whole scheme of constructing a new government. They were determined that great and small states should have equal weight in Congress. Their stead- fast opposition threatened to ruin everything, when fortunately a method of compromise was discovered. It was intended that the national legislature, in imita- tion of the state legislatures, should have an upper house or senate ; and at first the advocates of a strong national government proposed that the senate nacticut also should represent population, thus differ- compromise. ing from the lower house only in the way in which we have seen that it generally differed in the several states. But it happened that in the state of Connecticut the custom was peculiar. There it had always been the custom to elect the governor and upper house by a majority vote of the whole people, while for each township there was an equality of rep- resentation in the lower house. The Connecticut del- egates in the Convention, therefore, being familiar with a legislature in which the two houses were com- posed on different principles, suggested a compromise. Let the House of Representatives, they said, repre- sent the people, and let the Senate represent the states ; let all the states, great and small, be repre- sented equally in the federal Senate. Such was the famous " Connecticut Compromise." Without it the Convention would probably have broken up without accomplishing anything. When it was adopted, half the work of making the new government was done, for the small states, having had their fears thus allayed by the assurance that they were to be equally repre- sented in the Senate, no longer opposed the work but cooperated in it most zealously. Thus it came to pass that the upper house of our THE FEDERAL CONGRESS. 223 national legislature is composed of two senators from each state. As they represent the state, they are chosen by its legislature and not by the people ; but when they have taken their seats in the Sen- ate they do not vote by states, like the delegates in the Continental Congress. On the contrary each sen- ator has one vote, and the two senators from the same state may, and often do, vote on opposite sides. In accordance with the notion that an upper house should be somewhat less democratic than a lower house, the term of office for senators was made longer than for representatives. The tendency is to make the Senate respond more slowly to changes in popular sentiment, and this is often an advantage. Popular opinion is often very wrong at particular moments, but with time it is apt to correct its mistakes. We are usually in more danger of suffering from hasty legislation than from tardy legislation. Senators are chosen for a term of six years, and one third of the num- ber of terms expire every second year, so that, while the whole Senate may be renewed by the lapse of six years, there is never a " new Senate." The Senate has thus a continuous existence and a permanent or- ganization; whereas each House of Representatives expires at the end of its two years' term, and is suc- ceeded by a " new House," which requires to be organ- ized by electing its officers, etc., before proceeding to business. A candidate for the senatorship must have reached the age of thirty, must have been nine years a citizen of the United States, and must be an inhab- itant of the state which he represents. The constitution leaves the times, places, and man- ner of holding elections for senators and representa- tives to be prescribed in each state by its own legisla- ture ; but it gives to Congress the power to alter such 224 THE FEDERAL UNION. regulations, except as to the place of choosing sen- ators. Here we see a vestige of the original theory according to which the Senate was to be peculiarly the home of state rights. In the composition of the House of Representatives the state legislatures play a very important part. For the purposes of the election a state is divided into dis- tricts corresponding to the number of representatives the state is entitled to send to Congress. These electo- Eiectorai ra l districts are marked out by the legislature, diBtricts. an( j th e diyjgion j s a pt to be made by the preponderating party with an unfairness that is at once shameful and ridiculous. The aim, of course, is so to lay out the districts " as to secure in the greatest possible number of them a majority for the party which conducts the operation. This is done some- times by throwing the greatest possible number of hostile voters into a district which is anyhow certain to be hostile, sometimes by adding to a district where parties are equally divided some place in which the ma- jority of friendly voters is sufficient to turn the scale. There is a district in Mississippi (the so-called Shoe String district) 250 miles long by 30 broad, and an- other in Pennsylvania resembling a dumb-bell. . . . In Missouri a district has been contrived longer, if measured along its windings, than the state itself, into which as large a number as possible of the negro voters have been thrown." l This trick is called " ger- "Oerryman- rymandering," from Elbridge Gerry, of Mas- dering." sachusetts, who was vice - president of the United States from 1813 to 1817. It seems to have been first devised in 1788 by the enemies of the Fed- eral Constitution in Virginia, in order to prevent the election of James Madison to the first Congress, and 1 Bryce, American Commonwealth, vol. i. p. 121. THE FEDERAL CONGRESS. 225 fortunately it was unsuccessful. 1 It was introduced some years afterward into Massachusetts. In 1812, while Gerry was governor of that state, the Republi- can legislature redistributed the districts in such wise that the shapes of the towns forming a single district in Essex county gave to the district a somewhat drag- on-like contour. This was indicated upon a map of Massachusetts which Benjamin Russell, an ardent Federalist and editor of the " Centinel," hung up over the desk in his office. The celebrated painter, Gilbert Stuart, coming into the office one day and observing the uncouth figure, added with his pencil a head, wings, and claws, and exclaimed, " That will do for a sala- mander ! " " Better say a Gerrymander ! " growled 1 Tyler's Patrick Henry, p. 313. 226 THE FEDERAL UNION. the editor ; and the outlandish name, thus duly coined, soon came into general currency. 1 When after an increase in its number of represen- tatives the state has failed to redistribute its districts, the additional member or members are voted for upon a general state ticket, and are called " representatives at large." In Maine, where the census of 1880 had reduced the number of representatives and there was some delay in the redistribution, Congress allowed the State in 1882 to elect all its representatives upon a general ticket. The advantage of the district system is that the candidates are likely to be better known by The election their neighbours, but the election at large is at urge. perhaps more likely to secure able men. 2 It is the American custom to nominate only residents of the district as candidates for the House of Represen- tatives. A citizen of Albany, for example, would not be nominated for the district in which Buffalo is situ- ated. In the British practice, on the other hand, if an eminent man cannot get a nomination in his own county or borough, there is nothing to prevent his standing for any other county or borough. This sys- tem seems more favourable to the independence of the legislator than our system. Some of its advantages are obtained by the election at large. Congress must assemble at least once in every year, and the constitution appoints the first Monday in De- mine of a*. cember for the time of meeting ; but Con- can? if worth while, enact a law chang- 1 Winsor'a Memorial History of Boston, vol. iii. p. 212 ; see also Bryce, loc. cit. The word is sometimes incorrectly pro- nounced " jerrymander." Mr. Winsor observes that the back line of the creature's body forms a profile caricature of Gerry's face, with the nose at Middleton. " The difference is similar to the difference between the French tcrutin d'arrondissement and scrutin de liste. THE FEDERAL CONGRESS. 227 ing the time. The established custom is to hold the election for representatives upon the same day as the election for president, the Tuesday after the first Monday in November. As the period of the new administration does not begin* until the fourth day of the following March, the new House of Representa- tives does not assemble until the December following that date, unless the new president should at some ear- lier moment summon an extra session of Congress. It thus happens that ordinarily the representatives of the nation do not meet for more than a year after their election ; and as their business is at least to give legis- lative expression to the popular opinion which elected them, the delay is in this instance regarded by many persons as inconvenient and injudicious. Each house is judge of the elections, qualifications, and returns of its own members ; determines its own rules of procedure, and may punish its members for disorderly behaviour, or by a two thirds vote expel a member. Absent members may be compelled under penalties to attend. Each house is required to keep a journal of its proceedings and at proper intervals to publish it, except such parts as for reasons of public policy had better be kept secret. At the request of one fifth of the members present, the yeas and nays must be entered on the journal. During the session of Congress neither house may, without consent of the other, adjourn for more than three days, or to any other place than that in which Congress is sitting. Senators and representatives receive a salary fixed by law, and as they are federal functionaries they are paid from the federal treasury. In all cases, except treason or felony or breach of the peace, they are privileged from arrest during their attendance in Con- gress, as also while on their way to it and while re- turning home ; " and for any speech or debate in either 228 THE FEDERAL UNION. house they shall not be questioned in any other place." priTiiegeaof These provisions are reminiscences of the members. ev jj (jayg w hen the king strove to interfere, by fair means or foul, with free speech in parliament ; and they are important enough to be incorporated in the supreme law of the land. No person can at the same time hold any civil office under the United States government and be a member of either house of Congress. The vice-president is the presiding officer of the Senate, with power to vote only in case of a tie. The House of Representatives elects its presiding officer, who is called the Speaker. In the early his- The Speaker. , T * ~ . toiy of the House of Commons, its presiding officer was naturally enough its spokesman. He could speak for it in addressing the crown. Henry of Keighley thus addressed the crown in 1301, and there were other instances during that century, until in 1376 the title of Speaker was definitely given to Sir Thomas Hungerf ord, and from that date the list is un- broken. The title was given to the presiding officers of the American colonial assemblies, and thence it passed on to the state and federal legislatures. The Speaker presides over the debates, puts the question, and de- cides points of order. He also appoints the commit- tees of the House of Representatives, and as the initiatory work in our legislation is now so largely done by the committees, this makes him the most pow- erful officer of the government except the President. The provisions for impeachment of public officers are copied from the custom in England. Since the fourteenth century the House of Commons has occa- sionally exercised the power of impeaching the king's ministers and other high public officers, and although the power was not used during the sixteenth century, THE FEDERAL CONGRESS. 229 it was afterward revived and conclusively established. In 1701 it was enacted that the royal pardon could not be pleaded against an impeach- mentinEng- ment, and this act finally secured the respon- sibility of the king's ministers to Parliament. An impeachment is a kind of accusation or indictment brought against a public officer by the House of Com- mons. The court in which the case is tried is the House of Lords, and the ordinary rules of judicial pro- cedure are followed. The regular president of the House of Lords is the Lord Chancellor, who is the highest judicial officer in the kingdom. A simple ma- jority vote secures conviction, and then it is left for the House of Commons to say whether judgment shall be pronounced or not. In the United States the House of Representatives has the sole power of impeachment, and the Senate has the sole power to try all impeachments. When the president of the United States is tried, ^peach- the chief -justice must preside. As a precau- united" the tion against the use of impeachment for states - party purposes, a two thirds vote is required for con- viction; and this precaution proved effectual (fortu- nately, as most persons now admit) in the famous case of President Johnson in 1868. In case of con- viction the judgment cannot extend further than " to removal from office, and disqualification to hold and enjoy any office of honour, trust, or profit under the United States ; " but the person convicted is liable afterward to be tried and punished by the ordinary process of law. The provisions of the Constitution for legislation are admirably simple. All bills for raising revenue must originate in the lower house, but the upper house may propose or concur with amendments, as 230 THE FEDERAL UNION. on other bills. This provision was inherited from Parliament, through the colonial legislatures. After a bill has passed both houses it must be sent to the president for approval. If he approves it, he signs it; if not, he returns it to the house in which it originated, with a written statement of his Veto power , . . , ofthepre- objections, and this statement must be en- ident tered in full upon the journal of the house. The bill is then reconsidered, and if it obtains a two thirds vote, it is sent, together with the objections, to the other house. If it there likewise obtains a two thirds vote, it becomes a law, in spite of the objec- tions. Otherwise it fails. If the president keeps a bill longer than ten days (Sundays excepted) with- out signing it, it becomes a law without his signa- ture ; unless Congress adjourns before the expiration of the ten days, in which case it fails to become a law, just as if it had been vetoed. This method of vetoing a bill just before the expiration of a Congress, by keeping it in one's pocket, so to speak, was dubbed a " pocket veto," and was first employed by President Jackson in 1829. The president's veto power is a qualified form of that which formerly belonged to the English sovereign but has now, as already observed, become practically obsolete. As a means of guarding the country against unwise legislation, it has proved to be one of the most valuable features of our Federal Constitution. In bad hands it cannot do much harm ; it can only delay for a short time a needed law. But when properly used it can save the country from laws that if once enacted would sow seeds of disaster very hard to eradicate ; and it has repeatedly done so. A single man will often act intelligently where a group of men act foolishly, and, as already observed, he is apt to have a keener sense of responsibility. THE FEDERAL CONGRESS. 231 QUESTIONS ON THE TEXT. What is to be said with regard to the following topics ? 1. The House of Representatives : a. Its relation to the people. b. The term of service. c- Qualifications of those who may vote for representa- tives. d. Qualifications for membership. e. The three fifths compromise. 2. The Connecticut Compromise. a. The powers of the different states in the House. 6. Opposition to the scheme of a new government. c. What the advocates of a strong government wanted the Senate to represent. d. A peculiar Connecticut system. e. The suggestion of the Connecticut delegates. f. The effect of the compromise. 3. The Senate : a,. The number of senators. b. The method of electing senators. c. The voting of senators. d. The term of service. e. The maintenance of a continuous existence. f. A comparison with the House in respect to nearness to the people. g. Qualifications for membership. 4. Elections for senators and representatives : a. Times, places, and manner of holding elections. 6. The power of Congress over state regulations. c. Electoral districts. d. The temptation to unfairness in laying out electoral dis- tricts. e. Illustrations of unfair divisions. f. " Gerrymandering." g. Representatives at large. h. The advantage of the district system. t. The British system and its advantage. 5. The assembling of Congress : a. The time of assembling. b. The interval between a member's election and the begin" ning of his service. 282 THE FEDERAL UNION. c. The disadvantage of this long interval. 6. What is the duty of each house in respect (1) to its member- ship, (2) its rules, (3) its records, and (4) its adjourn- ment. 7. Give an account (1) of the pay of a congressman, (2) of his freedom from arrest, (3) of his responsibility for words spoken in debate, and (4) of his right to hold other office. 8. Tell (1) who preside in Congress, (2) how the name speaker originated, (3) what the speaker's duties are, and (4) what his power in the government is. 9. Impeachment of public officers : a. Old English usage. 6. The conduct of an impeachment trial in England. c. The conduct of an impeachment trial in the United States. d. The penalty in case of conviction. IO. The provisions of the Constitution for legislation : a. Bills for raising revenue. b. How a bill becomes a law. c. The president's veto power. d. Passage of a bill over the president's veto. . The "pocket veto." f. The veto power in England. g. The value of the veto power. 3. The Federal Executive. In signing or vetoing bills passed by Congress the president shares in legislation, and is virtually a third house. In his other capacities he is the chief executive officer of the Federal Union; and inasmuch as he appoints the other great executive officers, he is really the head of the executive department, not like the governor of a state a mere member of it. His title of " President " is probably an inheritance from the presidents of the Continental Congress. In The title of *L . . ---* , ' little caucus of all the voters of one party who live within the bounds of the township or ward. It differs in composition from the town-meeting in that all its members belong to one party. It has two duties : one is to nominate candidates for the local offices of the township or ward ; the other is to choose delegates to the county or district convention. The primary, as its name indicates, is a primary and not a representa- tive assembly. The party voters in a township or ward are usually not too numerous to meet together, and all ought to attend such meetings, though in prac- tice too many people stay away. By the representa- tive system, through various grades of convention, the wishes and character of these countless little primaries are at length expressed in the wishes and character of the national party convention, and candidates for the presidency and vice-presidency are nominated. The qualifications for the two offices are of course the same. Foreign-born citizens are not . . Qualiflca- eligible, though this restriction did not in- tions for th presidency. elude such as were citizens of the United 1 Bryce, American Commonwealth, vol. ii. p. 145 ; see also p. 52. 242 THE FEDERAL UNION. States at the time when the Constitution was adopted. The candidate must have reached the age of thirty- five, and must have been fourteen years a resident of the United States. The president's term of office is four years. The Constitution says nothing about his reelection, and The term of there is no written law to prevent his being reflected a dozen times. But Washington, after serving two terms, refused to accept the office a third time. Jefferson in 1808 was " earnestly be- sought by many and influential bodies of citizens to become a candidate for a third term ; " ] and had he consented there is scarcely a doubt that he would have been elected. His refusal established a custom which has never been infringed, though there were persons in 1876 and again in 1880 who wished to secure a third term for Grant. The president is commander-in-chief of the military . and naval forces of the United States, and Powers and . duties of the of the imlitia of the several states when President. i i i - i actually engaged in the service of the United States ; and he has the royal prerogative of granting reprieves and pardons for offences against the United States, except in cases of impeachment. 2 He can make treaties with foreign powers, but they must be confirmed by a two thirds vote of the Senate. He appoints ministers to foreign countries, consuls, and the greater federal officers, such as the heads of executive departments and judges of the Supreme Court, and all these appointments are subject to con- firmation by the Senate. He also appoints a vast number of inferior officers, such as postmasters and revenue collectors, without the participation of the Senate. When vacancies occur during the recess of Morse's Jefferson, p. 318. 8 See above, p. 229. THE FEDERAL EXECUTIVE. 243 the Senate, he may fill them by granting commissions to expire at the end of the next session. He commis- sions all federal officers. He receives foreign min- isters. He may summon either or both houses of Congress to an extra session, and if the two houses disagree with regard to the time of adjournment, he may adjourn them to such time as he thinks best, but of course not beyond the day fixed for the beginning of the next regular session. The president must from time to time make a report to Congress on the state of affairs in the country and suggest such a line of policy or such special measures as may seem good to him. This report has J p f . ThePresi- taken the form of an annual written mes- dent's men. sage. Washington and Adams began their administrations by addressing Congress in a speech, to which Congress replied ; but it suited the opposite party to discover in this an imitation of the British practice of opening Parliament with a speech from the sovereign. It was accordingly stigmatized as "monarchical," and Jefferson (though without for- mally alleging any such reason) set the example, which has been followed ever since, of addressing Congress in a written message. 1 Besides this annual message, the president may at any time send in a special message relating to matters which in his opin ion require immediate attention. The effectiveness of a president's message depends of course on the character of the president and the general features of the political situation. That separation between the executive and legislative de- partments, which is one of the most distinctive fea- tures of civil government in the United States, tends to prevent the development of leadership. An Eng- * Jefferson, moreover, was a powerful writer and a poor speaker 244 THE FEDERAL UNION. lish prime minister's policy, so long as he remains in office, must be that of the House of Commons ; power and responsibility are concentrated. An able presi- dent may virtually direct the policy of his party in Congress, but he often has a majority against him in one house and sometimes in both at once. Thus in dividing power we divide and weaken responsibility. To this point I have already alluded as illustrated in our state governments. The Constitution made no specific provisions for the creation of executive departments, but left the Executive matter to Congress. At the beginning of departments. Washington's administration three secreta- ryships were created, those of state, treasury, and war ; and an attorney-general was appointed. [There are now nine executive departments, which were cre- ated as follows : Department of State, 1789 ; War De- partment, 1789; Department of the Treasury, 1789; Post Office Department, 1794 ; Navy Department, 1798 ; Interior Department, 1849 ; Department of Justice, 1870 ; Department of Agriculture, 1889 ; De- partment of Commerce and Labor, 1903.] The heads of these departments are the president's advisers, but they have as a body no recognized legal existence or authority. They hold their meetings in a room at the president's executive mansion, the White House, but no record is kept of their proceedings and the presi- dent is not bound to heed, their advice. This body has always been called the " Cabinet," after the Eng- lish usage. It is like the English cabinet in being composed of heads of executive departments and in being, as a Ixxly, unknown to the law ; in other respects the difference is very great. The English cabinet is the executive committee of tbe House of Commons, and exercises a guiding and THE FEDERAL EXECUTIVE. 245 directing influence upon legislation. The position of the president is not at all like that of the prime min- ister ; it is more like that of the English sovereign, though the latter has not nearly so much power as the president ; and the American cabinet in some respects resembles the English privy council, though it cannot make ordinances. The secretary of state ranks first among our cab- inet officers. He is often called our prime minister or " premier," but there could not be a more absurd use of language. In order to make an American per- sonage corresponding to the English prime minister we must first go to the House of Representatives, take its committee of ways and means and its . . , The secre- committee on appropriations, and unite them tary of into one committee of finance ; then we must take the chairman of this committee, give him the power of dissolving the House and ordering a new election, and make him master of all the executive departments, while at the same time we strip from the president all real control over the administration. This exalted finance-chairman would be much like the First Lord of the Treasury, commonly called the prime minister. This illustration shows how wide the divergence has become between our system and that of Great Britain. Our secretary of state is our minister of foreign affairs, and is the only officer who is authorized to communicate with other governments in the name of the president. He is at the head of the diplomatic and consular service, issuing the instructions to our ministers abroad, and he takes a leading part in the negotiation of treaties. To these ministerial duties he adds some that are more characteristic of his title of secretary. He keeps the national archives, and 246 THE FEDERAL UNION. superintends the publication of laws, treaties, and proclamations ; and he is the keeper of the great seal of the United States. Our foreign relations are cared for in foreign coun- tries by two distinct classes of officials : ministers and consuls. The former represent the United States gov- ernment in a diplomatic capacity; the latter have nothing to do with diplomacy or politics, but look after our commercial interests in foreign and consular countries. Consuls exercise a protective service-. , , J_i care over seamen, and perform various duties for Americans abroad. They can take testimony and administer estates. In some non-Christian countries, such as China, Japan, and Turkey, they have juris- diction over criminal cases in which Americans are concerned. Formerly our ministers abroad were of only three grades : (1) " envoys extraordinary and min- isters plenipotentiary ; " (2) " ministers resident ; " (3) charges d'affaires. The first two are accredited by the president to the head of government of the countries to which they are sent ; the third are accred- ited by the secretary of state to the minister of foreign affairs in the countries to which they are sent. We still retain these grades, which correspond to the lower grades of the diplomatic service in European countries. Until lately we had no highest grade answering to that of " ambassador," perhaps because when our diplomatic service was organized the United States did not yet rank among first-rate powers, and could not expect to receive ambassadors. Great powers, like France and Germany, send ambas- sadors to each other, and envoys to inferior powers, like Denmark or Greece or Guatemala. When we send envoys to the great powers, we rank ourselves along with inferior powers ; and diplomatic etiquette as a rule obliges the great powers to send to us the THE FEDERAL EXECUTIVE. 247 same grade of minister that we send to them. There were found to be some practical inconveniences about this, so that in 1892 the highest grade was adopted and our ministers to Great Britain and France were made ambassadors. The cabinet officer second in rank and in some respects first in importance is the secretary of the treas- ury. He conducts the financial business of the gov- ernment, superintends the collection of reve- J . , - Theaecre- nue, and gives warrants for the payment of tary of the moneys from the treasury. He also superin- tends the coinage, the national banks, the custom- houses, the coast-survey and lighthouse system, the marine hospitals, and life-saving service. 1 He sends reports to Congress, and suggests such measures as geem good to him. Since the Civil War his most weighty business has been the management of the national debt. He is aided by two assistant secreta- ries, six auditors, a register, a comptroller, a solicitor, a director of the mint, commissioner of internal rev- enue, chiefs of the bureau of statistics and bureau of engraving and printing, etc. The business of the treasury department is enormous, and no part of our government has been more faithfully administered. Since 1789 the treasury has disbursed more than seven billions of dollars without one serious defalcation. No man directly interested in trade or commerce can be appointed secretary of the treasury, and the de- partment has almost always been managed by " men of small incomes bred either to politics or the legal profession." 2 1 Many of these details concerning the executive departments are admirably summarized, and with more fullness than com- ports with the design of the present work, in Thorpe's Govern^ ment of the People of the United States, pp. 183-193. 2 Schooler, Hist, of the U. S., vol. i. p. 95. 248 THE FEDERAL UNION. [The war and navy departments have general direc- tion of the army and navy, their equipment, organiza- tion and movements. The business of the de- navy de partments is divided between various bureaus under competent officials who attend to all details of military and naval affairs and strive to pro- mote in every way the efficiency of the service. The war department has charge of the military academy at West Point, and the navy department controls the Annapolis academy and the naval observatory at Washington. The business of both departments has increased enormously in volume and scope since the Spanish War and the acquisition of new dependen- cies. No one of the executive departments contributes more to the comfort and convenience ef the people than that of the post office. With its net- office de- work of postal routes binding together the entire country, its thousands of post offices, and its army of officials engaged in collecting and distributing letters, papers, and periodicals, it is indis- pensable to the business interests of the people, and a civilizing influence of inestimable value. So huge an undertaking demands rare executive management, an adequate force of assistants, and a highly organized system to attend properly to the numerous details. At its head is the postmaster-gen- eral. There are also four assistant postmasters-gen- eral, each having charge of particular branches of the service. For instance, the second assistant attends to the transportation of the mails, and the fourth has charge of the appointment of all postmasters whose salaries are less than $1000. Larger salaried offices are filled by the President with the consent of the Senate. Other subordinates, such as mail carriers and THE FEDERAL EXECUTIVE. 249 postal clerks, are mostly appointed by the Civil Ser- vice Commission created by the Act of 1883, see p. 278.] The department of the interior conducts a vast and miscellaneous business, as is shown by the designations of its six bureaus, which deal with public i t T T fc t j Thedepart- lands, Indian affairs, pensions, patents, edu- pent of the cation (chiefly in the way of gathering statis- tics and reporting upon school affairs), and transcon- tinental railroads. [The department of justice was organized as a sep- arate department in 1870, although the attorney- general, first appointed in Washington's & , ..... 1*1 i j .*!. Thedepart- ad ministration, has always had a seat in the mentof jus- President's cabinet.] He is the President's legal adviser and represents the United States in all lawsuits to which the United States is a party. He is aided by a solicitor-general and other subordinate officers. [In 1889, the bureau of agriculture was removed from the department of the interior and organized as a separate department. Its chief function is to help the agricultural interests of the mentof 8 , , . , . agriculture. country by placing them upon a scientific basis. It sends to the farmers accurate information as to new and promising varieties of stock, grain, fruits, and vegetables. It acquaints them with the results of the experimental investigation of soils and of the scientific study of the insect enemies of their crops, and of the diseases of plants and animals. Be- sides the diffusing of such useful information, it dis- tributes quantities of seeds. It also inspects cattle and meats which are to be exported to foreign coun- tries. The weather bureau, which forecasts the ap- proach of storms and sends out crop bulletins, and 250 THE FEDERAL UNION. the bureau of forestry, which is devoted to the much- needed work of saving our forests, are connected with this department. The most recently organized executive department is that of commerce and labor. To it have been as- The depart- signed many duties of a miscellaneous char- S>mmerce acter which were formerly attended to by and labor. fa e o ^jj er departments. The supervision and inspection of light-houses, once the duty of the treas- ury department, and the census bureau, formerly connected with the department of the interior, are in- stances in point. Besides these, there is a bureau of manufactures, which is designed to promote the manu- facturing interests of the country both by the diffusion of useful information and by the extension of foreign and domestic markets ; a bureau of labor, which makes a special study of labor conditions, and a bureau of corporations, which may investigate and make public the organization and management of corporations do- ing interstate business.] QUESTIONS ON THE TEXT. 1. Speak (1) of the president's share in legislation, (2) of his relation to the executive department, and (3) of the origin of his title. 2. The electoral college : a. The method of electing the president a perplexing ques- tion. 5. The constitution of the electoral college, with illustrations c. Qualifications for serving as an elector. d. The method of choosing electors. e.-The time of choosing electors. f. When and where the electors vote. (/. The number and disposition of the certificates of their h. The declaration of the result. 3. What was the method of voting in the electoral college be- fore 1804? Illustrate the working of this method in 1796 and 1800. THE FEDERAL EXECUTIVE. 251 4. The amendment of 1804 : a. The ballots of the electors. b. The duty of the House if no candidate for the presidency receives a majority of the electoral votes. c. The duty of the Senate if no candidate for the vice-pres- idency receives a majority of the electoral votes. d. Illustrations of the working of this amendment in 1825 and 1837. 5- The electoral commission of 1877 : a. A difficulty not foreseen. b. Conflicting returns in 1877. c. The plan of arbitration adopted. 6. The presidential succession : a. The office of vice-president. b. The act of 1791. c. The possibility of a lapse of the presidency. d. The possibility of an unfair political overthrow. e. The act of 1886. 7. Compare the original purpose of the electoral college with the fulfillment of that purpose. 8. Explain the transition from a divided electoral vote in a state to a solid electoral vote. 9. Show how a minority of the people may elect a president. Who have been elected by minorities ? 10. What is the advantage of the electoral system over a direct popular vote ? 1 1. Methods of nominating candidates for the presidency and vice-presidency before 1832 : a. The absence of constitutional and legislative requirements. 6. Presidents not nominated. c. Nominations by congressional caucuses. d. Nominations by state legislatures. e. Nominations by local conventions. 12. Nominations by national conventions in 1832 and since : a. The nature of a national convention. b. The platform. c. The number of delegates from a state, and their elec- tion. d. The relation of the " primaries " to district, state, and national conventions. . The nature of the primary. . Its two duties. 252 THE FEDERAL UNION. g. The duty of the voter to attend the primaries. 13. The presidency : a. Qualifications for the office. b. The term of office. 14. Powers and duties of the president : a. As a commander-in-chief. b. In respect to reprieves and pardons. c. In respect to treaties with foreign powers. d. In respect to the appointment of federal officers. e. In respect to summoning and adjourning Congress. f. In respect to reporting the state of affairs in the country to Congress. 15. The president's message : a. The course of Washington and Adams. b. The example of Jefterson. c. The effectiveness of the message. d. Power and responsibility in the English system. e. Power and responsibility in the American system. 1 6. Executive departments : a. The departments under Washington. b. Later additions to the departments. c. The " Cabinet." d. The resemblance between the English cabinet and our own. e. The difference between the English cabinet and our own. 1 7. The secretary of state : a. Is he a prime minister ? b. What would be necessary to make an American personage correspond to an English prime minister ? c. What are the ministerial duties of the secretary of state ? d. What other duties has he more characteristic of hia title ? 1 8. Our diplomatic and consular service : a. The distinction between ministers and consuls. 6. Three grades of ministers. c. The persons to whom the three grades are accredited. d. The grade of ambassador. 1 9. The secretary of the treasury : a. His rank and importance. b. His various duties. c. His chief assistants. d. The administration of the treasury department since 1789. 20. The duties of the remaining cabinet officers : THE NATION AND THE STATES. 258 a. Of the secretary of war. 6. Of the secretary of the navy. c. Of the secretary of the interior. d. Of the postmaster-general. e. Of the attorney-general. f. Of the secretary of agriculture. g. Of the secretary of commerce. 4. The Nation and the States. We have left our Federal Convention sitting a good while at Philadelphia, while we have thus undertaken to give a coherent account of our national executive organization, which has in great part grown up since 1789 with the growth of the nation. Observe how wisely the Constitution confines itself to a clear sketch of fundamentals, and leaves as much as possible to be developed by circumstances. In this feature lies partly the flexible strength, the adaptableness, of our Federal Constitution. That strength lies partly also in the excellent partition of powers between the fed- eral government and the several states. We have already remarked upon the vastness of the functions retained by the states. At the same time the powers granted to Congress have proved sufficient to bind the states together into a union that is more than a mere confederation. From 1776 to 1789 the United States were a con- betweencon. c -innt\ P i federation federation; atter 1789 it was a federal na- and federal union. tion. The passage from plural to singular was accomplished, although it took some people a good while to realize the fact. The German language has a neat way of distinguishing between a loose con- federation and a federal union. It calls the former a Staatenbund and the latter a Bundesstaat. So in 254 THE FEDERAL UNION. English, if we liked, we might call the confederation a Band-of- States and the federal union a Banded' State. There are two points especially in our consti- tution which transformed our country from a Band- of-States into a Banded-State. The first was the creation of a federal House of Representatives, [the second was the creation of a fed- eral judiciary (see p. 260)]. The former secured for Congress the power " to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common welfare of the United States." Other powers are naturally attached to this, such as the power to borrow money on the credit of the United States ; to regulate foreign and domestic commerce ; to coin money and fix the standard of weights and measures ; to provide for the punishment of counterfeiters ; to establish post-offices and post-roads ; to issue copyrights and patents ; to "define and punish felonies committed on the high seas, and offences against the law of nations ; to de- clare war, grant letters of marque and reprisal, and make rules concerning captures on land and water ; " to raise and support an army and navy, and to make rules for the regulation of the land and naval forces ; to provide for calling out the militia to suppress insur- rections and repel invasions, and to govern this militia while actually employed in the service of the United States. The several states, however, train their own militia and appoint the officers. Congress may also establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies. It also exercises exclusive control over the District of Columbia, as the seat of the national government, and over forts, mag- azines, arsenals, dockyards, and other needful build- ings, which it erects within the several states upon THE NATION AND THE STATES. 255 land purchased for such purposes with the consent of the state legislature. Congress is also empowered "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the govern- The.^!^,, ment of the United States, or in any depart- Clause -" ment or office thereof." This may be called the Elastic Clause of the Constitution ; it has undergone a good deal of stretching for one purpose and another, and, as we shall presently see, it was a profound dis- agreement in the interpretation of this clause that after 1789 divided the American people into two great political parties. The national authority of Congress is further sharply denned by the express denial of sundry pow- ers to the several states. These we have al- nn Powers de- ready enumerated. 1 There was an especial ed to th - ., . . states. reason for prohibiting the states from issu- ing bills of credit, or making anything but gold and silver coin a tender in payment of debts. During the years 1785 and 1786 a paper money craze ran through the country ; most of the states issued paper notes, and passed laws obliging their citizens to receive them in payment of debts. Now a paper dollar is not money, it is only the government's promise to pay a dollar. As long as you can send it to the treasury and get a gold dollar in exchange, it is worth a dollar. It is this exchangeableness that makes it Papercu . worth a dollar. When government makes rency * the paper dollar note a " legal tender," i. e., when it refuses to give you the gold dollar and makes you take its note instead, the note soon ceases to be worth a dollar. You would rather have the gold than the 1 See above, p. 182. 256 THE FEDERAL UNION. note, for the mere fact that government refuses to give the gold shows that it is in financial difficulties. So the note's value is sure to fall, and if the government is in serious difficulty, it falls very far, and as it falls it takes more of it to buy things. Prices go up. There was a time (1864) during our Civil War when a pa- per dollar was worth only forty cents and a barrel of flour cost $23. But that was nothing to the year 1780, when the paper dollar issued by the Continental Congress was worth only a mill, and flour was sold in Boston for $1,575 a barrel! When the different states tried to make paper money, it made confusion worse confounded, for the states refused to take each other's money, and this helped to lower its value. In some states the value of the paper dollar fell in less than a year to twelve or fifteen cents. At such times there is always great demoralization and suffering, especially among the poorer people ; and with all the experience of the past to teach us, it may now be held to be little less than a criminal act for a government, under any circumstances, to make its paper notes a legal tender. The excuse for the Continental Con- gress was that it was not completely a government and seemed to have no alternative, but there is no doubt that the paper currency damaged the country much more than the arms of the enemy by land or sea. The feeling was so strong about it in the Federal Convention that the prohibition came near being extended to the national government, but the question was unfortunately left undecided. 1 Some express prohibitions were laid upon the national government. Duties may be laid upon im- ports but not upon exports ; this wise restriction waa 1 See my Critical Period of American History, pp. 16&-186, 27^-276. THE NATION AND THE STATES. 257 a special concession to South Carolina, which feared the effect of an export duty upon rice and , . ,. T-W -i . * . Powers ds- mdio. Duties and excises must.be uni- niedtoCoo. gress. form throughout the country, and no com- mercial preference can be shown to one state over another ; absolute free trade is the rule between the states. A census must be taken every ten years in order to adjust the representation, and no direct tax can be imposed except according to the census. No money can be drawn from the treasury except "in consequence of appropriations made by law," and accounts must be regularly kept and published. The privilege of the writ of habeas corpus cannot be sus- pended except " when, in case of rebellion or invasion, the public safety may require it ; " and " no bill of at- tainder, or ex post facto law," can be passed. A bill of attainder is a special legislative act by Bill8 of Bt _ which a person may be condemned to death, tainder - or to outlawry and banishment, without the opportu- nity of defending himself which he would have in a court of law. " No evidence is necessarily adduced to support it," 1 and in former times, especially in the reign of Henry VIII. , it was a formidable engine for perpetrating judicial murders. Bills of attainder long ago ceased to be employed in England, and the pro- cess was abolished by statute in 1870. No title of nobility can be granted by the United States, and no federal officer can accept a present, office, or title from a foreign state without the consent of Congress. " No religious test shall ever be re- quired as a qualification to any office or public trust under the United States." Full faith and credit must be given in each state to the public acts and records, and to the judicial proceedings of every other 1 Taswell-Langmead, English Constitutional History, p. 385. 258 THE FEDERAL UNION. state; and it is left for Congress to determine the intercitem- manner in which such acts and proceedings k*' shall be proved or certified. The citizens of each state are " entitled to all privileges and immuni- ties of citizens in the several states." There is mutual extradition of criminals, and, as a concession to the southern states it was provided that fugitive slaves should be surrendered to their masters. The United States guarantees to every state a republican form of government, it protects each state against invasion; and on application from the legislature of a state, or from the executive when the legislature cannot be convened, it lends a hand in suppressing insurrection. Amendments to the Constitution may at any time be proposed in pursuance of a two thirds vote in both houses of Congress, or by a convention called at the request of the legislatures of two thirds of the states. Mode of The amendments are not in force until rati- SS fie< * by three fourths of the states, either ment8 ' through their legislatures or through special conventions, according to the preference of Congress. This makes it difficult to change the Constitution, as it ought to be ; but it leaves it possible to introduce changes that are very obviously desirable. The Articles of Confederation could not be amended ex- cept by a unanimous vote of the states, and this made their amendment almost impossible. After assuming all debts contracted and engage- ments made by the United States before its adoption, the Constitution goes on to declare itself the supreme law of the land. By it, and by the laws and treaties made under it, the judges in every state are bound, in spite of anything contrary in the constitution or laws of any state. THE NATION AND THE STATES. 259 QUESTIONS ON THE TEXT. 1 . In what two features of the Constitution does its strength largely lie ? 2. Distinguish between the United States as a confederation and the United States as a federal union. How does the German language bring out the distinction ? 3. What was the first important factor in transforming our country from a Band-of-States to a Banded-State ? 4. The powers granted to Congress : a. Over taxes, money, and commerce. b. Over postal affairs, and the rights of inventors and au- thors. c. Over certain crimes. d. Over war and military matters. e. Over naturalization and bankruptcy. f. Over the District of Columbia and other places. g. The " elastic clause " and its interpretation. 5. The powers denied to the states : a. An enumeration of these powers (p. 175). b. The prohibition of bills of credit, in particular. c. The paper money craze of 1785 and 1786. d. Paper money as a " legal tender." e. The depreciation of paper money during the Civil War. /. The depreciation of the Continental currency in 1780. g. The demoralization caused by the states making paper money. h. The lesson of experience. 6. Prohibitions upon the national government : a. The imposition of duties and taxes. b. The payment of money. c. The writ of habeas corpus. d. Ex post facto laws. e. Bills of attainder. /. Titles and presents. 7. Duties of the states to one another : a. In respect to public acts and records, and judicial pro- ceedings. b. In respect to the privileges of citizens. c. In respect to fugitives from justice. 8. What is the duty of the United States to every state in respect (1) to form of government, (2) invasion, and (3) insurrection ? 260 THE FEDERAL UNION. 9. Amendments to the Constitution : a. Two methods of proposing amendments. b. Two methods of ratifying amendments. c. The difficulty of making amendments. d. Amendment of the Articles of Confederation. 10. What is meant by the Constitution's declaring itself the supreme law of the land ? 5. The Federal Judiciary. The creation of a federal judiciary was the second principal feature in the Constitution, which trans- formed our country from a loose confederation into a federal nation, from a Band-of- States into a Banded- State. We have seen that the American people were already somewhat familiar with the method of testing the constitutionality of a law by getting the federal judi- matter brought before the courts. 1 In the case of a conflict between state law and federal law, the only practicable peaceful solution is that which is reached through a judicial decision. The federal authority also needs the machinery of courts in order to enforce its own decrees. The federal judiciary consists of a supreme court, circuit courts, and district courts. 2 At present the supreme court consists of a chief justice and eight associate justices. It holds annual sessions in the city of Washington, beginning on the second Monday of October. Each of these nine judges is also Federal . . . rm courts and presiding judge of a circuit court. The area of the United States, not including the terri- tories, is divided into nine circuits, and in each circuit the presiding judge is assisted by special circuit judges. The circuits are divided into districts, seventy-two in all, and in each of these there is a special district judge. The districts never cross state lines. Sometimes a 1 See above, p. 202. a See the second note on p. 293. THE FEDERAL JUDICIARY. 261 state is one district, but populous states with much business are divided into two or even three districts. " The circuit courts sit in the several districts of each circuit successively, and the law requires that each jus- tice of the supreme court shall sit in each district of his circuit at least once every two years." 1 District judges are not confined to their own districts ; they may upon occasion exchange districts as ministers ex- change pulpits. A district judge may, if need be, act as a circuit judge, as a major may command a regi- ment. All federal judges are appointed by the presi- dent, with the consent of the Senate, to serve during good behaviour. Each district has its district attor- ney, whose business is to prosecute offenders ip-i-ii -i T i District at- asramst the federal laws and to conduct civil tomeys and marshals. cases in which the national government is either plaintiff or defendant. Each district has also its marshal, who has the same functions under the federal court as the sheriff under the state court. The procedure of the federal court usually follows that of the courts of the state in which it is sitting. The federal jurisdiction covers two classes of cases : (1) those which come before it " because of the nature of the questions involved : for instance, admiralty and maritime cases, navigable waters being within the exclusive jurisdiction of the federal author- The fe derai ities, and cases arising out of the Constitu- J" 1 *" 01 * 011 - tion, laws, or treaties of the United States or out of conflicting grants made by different states " ; (2) those which come before it " because of the nature of the parties to the suit," such as cases affecting the min- isters of foreign powers or suits between citizens of different states. 1 See Wilson, The State, p. 554. I have closely followed, tough with much abridgment, the excellent description of our federal. judiciary, pp. 555-561- 262 THE FEDERAL UNION. The division of jurisdiction between the upper and lower federal courts is determined chiefly by the size and importance of the cases. In cases where a state or a foreign minister is a party the supreme court has original jurisdiction, in other cases it has appellate jurisdiction, and " any case which involves the inter- pretation of the Constitution can be taken to the su- preme court, however small the sum in dispute." If a law of any state or of the United States is decided by the supreme court to be in violation of the Consti- tution, it instantly becomes void and of no effect. In this supreme exercise of jurisdiction, our highest federal tribunal is unlike any other tribunal known to history. The supreme court is the most original of all American institutions. It is peculiarly American, and for its exalted character and priceless services it is an institution of which Americans may well be proud. * QUESTIONS ON THE TEXT. 1. What was the second important factor (see p. 244 for the first) in transforming our country from a Baud- of -States to a Banded-State ? 2. Why was a federal judiciary deemed necessary ? 3. The organization of the federal judiciary : a. The supreme court and its sessions. b. The circuit courts. c. The district courts. d. Exchanges of service. e. Appointment of judges. /. The United States district attorney. (]. The United States marshal. 4. The jurisdiction of the federal courts : a. Cases because of the nature of the questions involved. b. Cases because of the nature of the parties to the suit. e. The division of jurisdiction between the upper and the lower courts. d. Wherein the supreme court is the most original of Amer- ican institutions. TERRITORIAL GOVERNMENT. 263 6. Territorial Government. The Constitution provided for the admission of new states to the Union, but it does not allow a state to be formed within another state. A state cannot " be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress." Shortly before the making of the Constitution, the United States had been endowed for the first time ITI rr>i i TheNorth- with a public domain. Ihe territory north- westTeni- west of the Ohio River had been claimed, on the strength of old grants and charters, by Massachu- setts, Connecticut, New York, and Virginia. In 1777 Maryland refused to sign the Articles of Confedera- tion until these states should agree to cede their claims to the United States, and thus in 1784 the federal government came into possession of a magnificent ter- ritory, out of which five great states Ohio, Indiana, Illinois, Michigan, and Wisconsin have since been made. While the Federal Convention was sitting at Philadelphia, the Continental Congress at New York was doing almost its last and one of its greatest pieces of work in framing the Ordinance of 1787 for the organization and government of this newly acquired territory. The ordinance created a territo- . , . , The Ordi- nal government with governor and two- nance oi chambered legislature, courts, magistrates, and militia. Complete civil and religious liberty was guaranteed, negro slavery was prohibited, and pro- vision was made for free schools. 1 In 1803 the enormous territory known as Louisiana, comprising everything (except Texas) between the 1 The manner in which provision should be made for these schools had been pointed out two years before in the land-ordi- nance of 1785, as heretofore explained. See above, p. 86. 264 THE FEDERAL UNION. Mississippi River and the crest of the Rocky moun- tains was purchased from France. [Florida was pur- chased from Spain in 1819. In 1846, that portion of Oregon Territory lying between the 42d and 49th parallels of north latitude was acquired by treaty with Great Britain. At the close of the Mexican War two years later, Mexico relinquished to the United States all claims to territory north of the Rio Grande and the Gila rivers. The Gadsden Purchase in 1853 established the southern boundary of the United States other terri- as ^ l * to-day, and completed the unbroken theT/g^ stretch of the national domain from Canada emmenta. on the north to Mexico on the south. Prac- tically all of this vast region, from which have been carved more than twenty states and territories, has been at some time under territorial government. The only exceptions have been California and Texas. These two for special reasons, the former because of the unprecedented increase in population following the discovery of gold, and the latter as an independent republic, were admitted directly to statehood. The model of provisional governments which were formed was found in the Ordinance of 1787 already referred to. In every instance, such a government has been regarded as a preparation for statehood in the federal union, although the probationary period has been in some cases, New Mexico for example, continued for more than fifty years. A delegate to the national Congress, with full privileges except the right to vote, is permitted from each territory.] Territorial government has generally passed through three stages : First, there are governors and judges appointed by the President ; then, as population in- creases, there is added a legislature chosen by the people and empowered to make laws, subject to con- ARCTIC C o c PHILIPP:NC ISLANDS CtOtO BY SPAIN f GUAM CCOCD BY SPAIN I89S /** AND OIRUANY E N iKA PURCHASE'^ MAP TO ILLUSTRATE THE ACQUISITION OF TERRITORY BY THE UNITED STATES. SQ. MILES Area of United States in 1783 827,844 Austria-Hungary. German Empire, France, and Spain ........ 844,804 Louisiana Purchase, 1803, with the portion of Oregon territory retained in 1846 . . . 1,171,931 Austria-Hungary, German Empire, Sweden, Norway, Denmark, Belgium, France, and Spain 1,168,787 gary, German Empire, and Norway Rico, Hawaii, Philippine Islands, etc. 1898-99 Britain and Ireland I A C N TERRITORIAL GOVERNMENT. 265 firmation by Congress ; finally, entire legislative inde- pendence is granted. The territory is then ripe for admission to the Union as a state. [The development of rudimentary states by this process has been carried on throughout the continental area of the national domain for more than a century with gratifying success. The application of known principles of democratic government to fairly homoge- neous communities already familiar with Anglo-Saxon institutions has been comparatively simple. Far more difficult is the task of governing alien peoples of dif- ferent temperament and traditions, living under insti- tutions which have afforded little or no training in self-government. The acquisition in the latter part of the nineteenth century of more remote territory has given N ewdepend- the United States possessions of the colonial encies - type, and has brought new problems of government which are still in process of solution. Alaska was purchased from Kussia in 1867, with the understanding that the civil rights and political status of the native inhabitants should be determined by Congress, but not until 1884 was a territorial gov- ernment, and that of the simplest type, provided. It now has a governor and a district court, but no legis- lature, being subject to the laws of Oregon. In August, 1898, the Hawaiian Islands were for- mally annexed to the United States. Five years be- fore the reigning queen Liliuokalani had TheHa wai- been deposed and a republic formed. Sev- ian Islauds - eral attempts at annexation to the United States were made, but not until the Spanish War broke out was the necessary congressional majority in favor of such a step secured. The islands now constitute the terri- tory of Hawaii, and have a government not unlike the 266 THE FEDERAL UNION. prevailing type. No guarantee, however, of statehood in the American union has been given, either directly or by implication. As another direct result of the Spanish War, the United States in 1898 became responsible for the tem- porary maintenance of order in Cuba and for the government of Porto Rico, the Phi- lippines, and Guam, the largest island of the Ladrone archipelago. After the withdrawal of Spain from Cuba, the United States, through whose armed inter- position the result had been secured, maintained a military occupation until the Cubans called a consti- tutional convention and organized a republican form of government. The control of the island was for- mally transferred to the new Cuban government, May 20, 1902. Porto Rico, the Philippines, and Guam were ceded by Spain to the United States, by the treaty of Paris, December 10, 1898. A territorial erovern- PortoRico. . meiit for Porto Kico, differing in several im- portant particulars from that of former territories, was established in July, 1901. There is a bicameral legis- lature, consisting of a House of Delegates, thirty-five in number, elected by the people, and an upper house of eleven members, at least five of whom are native inhabitants of Porto Rico. The upper house also acts as an executive council. There is a governor who to- gether with the upper house is appointed by the Pres- ident " by and with the advice and consent of the Senate." The first government established in the Philippines after their cession from Spain was necessarily a mili T The Philip- tory one. This was superseded by a civil pine "' government, July 4, 1902, which consists at present of a governor and seven commissioners, four TERRITORIAL GOVERNMENT 267 Americans and three Filipinos, appointed by the Pres- ident. By a special act of Congress, dated July 1, 1902, it is provided that all the legislative power now exercised by this commission shall soon be vested in a legislature consisting of two houses, the Philippine Commission and a popular branch, known as the Phi- lippine Assembly. There is a supreme court with seven judges. For purposes of local government the islands are subdivided into thirty-nine provinces. Pro- vincial and municipal officers are elected by the peo- ple. Guam and one of the Samoan group of islands, Tutuila, which was acquired by treaty in Guam and 1899, are governed by naval officers dele- TutuUa - gated for that purpose. Such departures from the traditional type of terri- torial government make it clear that it is the policy of our government to be bound by the precedents es- tablished in framing the first territorial governments only so far as they are suited to the peculiar needs of each particular colony or dependency. It is too early to forecast the results of our colonial policy. It brings with it a host of difficult questions, and for us a new set of governmental pro- blems. Shall we continue to hold our island biemsof gor- dependencies, however remote, and regard- less of their aspirations for independence ? Shall we acquire new ones ? What relation is to exist between them and the home government ? Are they always to be dependencies, or shall we permit any of them to cherish the hope of ultimately becoming states in the federal union ? These are questions which only the future can decide. Whatever mistakes have been made, and about this there is wide room for difference of opinion, the efforts THE FEDERAL UNION. of our government to educate the people of the new dependencies and to improve the conditions under which they live are surely to be commended. In Cuba, during American occupation, yellow fever was stamped out and a success attained in correcting the insanitary conditions of Havana and other Cuban cities, which was an object lesson not only to Cubans but to Ameri- can municipalities as well. Both in the Philippines and in Porto Rico, schools have been established, and every effort is being made to familiarize the people with Anglo-Saxon customs and to educate them for local self-government.] QUEST IONS ON THE TEXT. 1. What is the constitutional provision for admitting new states ? 2. What states claimed the territory northwest of the Ohio river ? Oil what did they base their claims ? 3. What states have since been made out of this territory ? 4. What was the Ordinance of 1787 ? 5. Give an account of the Louisiana purchase. 6. Give an account of the acquisition of the Oregon territory. 7. Give an account of the acquisition of the remaining Pacific lands. 8. Account for the fact that neither Texas nor California ever had a territorial government. 9. How much of the public domain has been at some time under territorial government ? 10. Through what three stages has territorial government usually passed ? 1 1 . What new problems of territorial government have recently arisen ? 12. Give an account of the acquisition and present government of Alaska; Hawaii; Porto Rico; the Philippines; Guam. 13. What part did the United States play in securing independ- ence for Cuba ? 14. What in general is the present policy of the United States in governing its island dependencies ? RATIFICATION AND AMENDMENTS. 269 7. Ratification and Amendments. Thus the work of the Ordinance of 1787 was in a certain sense supplementary to the work of framing the Constitution. When the latter instrument was completed, it was provided that " the ratifications of the conventions of nine states shall be sufficient for the establishment of this Constitution between the states so ratifying the same." The Constitution was then laid before the Continental Congress, which sub- mitted it to the states. In one state after another, conventions were held, and at length the Constitution was ratified. There was much opposition to it, because it seemed to create a strange and untried form of gov- ernment which might develop into a tyranny. There was a fear that the federal power might crush out self- government in the states. This dread was felt in all parts of the country. Besides this, there was some sec- tional opposition between North and South, j . -/. . . ,, . Concessions and in V irgima there was a party in tavour to the of a separate southern confederacy. But South Carolina and Georgia were won over by the con- cessions in the Constitution to slavery, and especially a provision that the importation of slaves from Africa should not be prohibited until 1808. By winning South Carolina and Georgia the formation of a " solid South " was prevented. The first states to adopt the Constitution were Dela- ware, Pennsylvania, New Jersey, Georgia, and Con- necticut, with slight opposition, except in Pennsylvania. Next came Massachusetts, where the convention was very large, the discussion very long, and the * ' i /~\ i /* Bill of action in one sense critical. One chief Rights pro- source of dissatisfaction was the absence of a sufficiently explicit Bill of Rights, and to meet this 270 THE FEDERAL UNION. difficulty, Massachusetts ratified the Constitution, but proposed amendments, and this course was followed by other states. Maryland and South Carolina came next, and New Hampshire made the ninth. Virginia and New York then ratified by very narrow majorities and after prolonged discussion. North Carolina did not come in until 1789, and Rhode Island not until 1790. In September, 1789, the first ten amendments were proposed by Congress, and in December, 1791, they were declared in force. Their provisions are similar to those of the English Bill of Rights, enacted in 1689, 1 but are much more full and explicit. The first ten,. t f f , f , -, f mend- Ihey provide tor freedom of speech and of the press, the free exercise of religion, the right of the people to assemble and petition Congress for a redress of grievances, their right to bear arms, and to be secure against unreasonable searches and seizures. The quartering of soldiers is guarded, gen- eral search-warrants are prohibited, jury trial is guar- anteed, and the taking of private property for public use without due compensation, as well as excessive fines and bail and the infliction of " cruel and unusual punishment" are forbidden. Congress is prohibited from establishing any form of religion. Finally, it is declared that " the enumeration of cer- tain rights shall not be construed to deny or disparage others retained by the people," and that " the powers not granted to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." 1 See above, p. 198. This W further elucidated in Appen- dices B ami D, A FEW WORDS ABOUT POLITICS. 271 QUESTIONS ON THE TEXT. 1. What provision did the Constitution make for its own ratifi- cation ? 2. What was the general method of ratification in the states ? 3. On what general grounds did the opposition to the Constitu- tion seem to be based ? 4. By what feature in the Constitution was the support of South Carolina and Georgia assured ? Why was this support deemed peculiarly desirable ? 5. What five states ratified the Constitution with little or no opposition ? 6. What was the objection of Massachusetts and some other states to the Constitution ? What course, therefore, did they adopt ? 7. What three states after Massachusetts by their ratification made the adoption of the Constitution secure ? 8. What four states subsequently gave in their support ? 9. Give an account of the adoption of the first ten amend- ments. 10. For what do these amendments provide ? 1 1 . What powers are reserved to the states ? 8. A Few Words about Politics. A chief source of the opposition to the new federal government was the dread of federal taxation. People who found it hard to pay their town, county, Fe derai and state taxes felt that it would be ruinous taiation - to have to pay still another kind of tax. In the mere fact of federal taxation, therefore, they were inclined to see tyranny. With people in such a mood it was necessary to proceed cautiously in devising measures of federal taxation. This was well understood by our first secretary of the treasury, Alexander Hamilton, and in the course of his administration of the treasury he was once roughly reminded of it. The two methods of federal taxation adopted at his suggestion were duties on im- ports and excise on a few domestic products, such as 272 THE FEDERAL UNION. whiskey and tobacco. The excise, being a tax which people could see and feel, was very unpopu- lar, and in 1794 the opposition to it in western Pennsylvania grew into the famous " Whiskey Insurrection," against which President Washington thought it prudent to send an army of 16,000 men. This formidable display of federal power suppressed the insurrection without bloodshed. Nowhere was there any such violent opposition to Hamilton's scheme of custom-house duties on imported goods. People had always been familiar with such duties. In the colonial times they had been levied by the British government without calling forth resistance until Charles Townshend made them the vehicle of a dangerous attack upon American self-government. 1 After the Declaration of Indepen- dence, custom-house duties were levied by the state governments and the proceeds were paid into the treasuries of the several states. Before 1789, much trouble had arisen from oppressive tariff-laws enacted by some of the states against others. By taking away from the states the power of taxing imports, the new Constitution removed this source of irritation. It became possible to lighten the burden of custom-house duties, while by turning the full stream of them into the federal treasury an abundant national revenue was secured at once. Thus this part of Hamilton's policy met with general approval. The tariff has always been our favourite device for obtaining a national revenue. During our Civil War, indeed, the national government resorted extensively to direct taxation, chiefly in the form of revenue stamps, though it also put a tax upon billiard-tables, pianos, gold watches, and all sorts of things. But after the return of peace 1 See my War of Independence, pp. 5S-83 ; and my History of th United State*, for Schools, pp. 192-203. A FEW WORDS ABOUT POLITICS. 273 these unusual taxes were one after another discon- tinued, and since then our national revenue has been raised, as in Hamilton's time, from duties on imports and excise on a few domestic products, chiefly tobacco and distilled liquors. 1 Hamilton's measures as secretary of the treasury embodied an entire system of public policy, and the opposition to them resulted in the formation of the two political parties into which, under one name or another, the American people have at most Origin of times been divided. Hamilton's opponents, p^i^upar* led by Jefferson, objected to his principal ties- measures that they assumed powers in the national government which were not granted to it by the Con- stitution. Hamilton then fell back upon the Elastic Clause 2 of the Constitution, and maintained that such powers were implied in it. Jefferson held that this doctrine of " implied powers " stretched the Elastic Clause too far. He held that the Elastic Clause ought to be construed strictly and narrowly ; Hamilton held that it ought to be construed loosely and liberally. Hence the names " strict-constructionist " and " loose- constructionist," which mark perhaps the most pro- found and abiding antagonism in the history of American politics. Practically all will admit that the Elastic Clause, if construed strictly, ought not to be construed too narrowly ; and, if construed liberally, ought not to be construed too loosely. Neither party has been con- sistent in applying its principles, but in the main we can call Hamilton the founder of the Federalist party, which has had for its successors the National Republi- cans of 1828, the Whigs of 1833 to 1852, and the Re- publicans of 1854 to the present time ; while we can call 1 In 1898, on the occasion of the Spanish war, taxation by stamps was renewed. 8 Article I., section viii., clause 18 ; see above, p. 255. 274 THE FEDERAL UNION. Jefferson the founder of the party which called itself Republican from about 1792 to about 1828, and since then has been known as the Democratic party. This is rather a rough description in view of the real com- plication of the historical facts, but it is an approxi- mation to the truth. It is not my purpose here to give a sketch of the history of American parties. Such a sketch, if given in due relative proportion, would double the size of this little book, of which the main purpose is to treat of civil government in the United States with Tariff, In- ternal im- reference to its origins. But it may here be provements v . -, . , , and National said in general that the practical questions which have divided the two great parties have been concerned with the powers of the national government as to (1) the Tariff; (2) the making of roads, improving rivers and harbours, etc., under the general head of Internal Improvements ; and (3) the establishment of a National Bank, with the na- tional government as partner holding shares in it and taking a leading part in the direction of its affairs. On the question of such a national bank the Demo- cratic party achieved a complete and decisive victory under President Tyler. On the question of internal improvements the opposite party still holds the ground, but most of its details have been settled by the great development of the powers of private enter- prise during the past sixty years, and it is not at present a " burning question." The question of the tariff, however, remains to-day as a "burning ques- tion," but it is no longer argued on grounds of con- stitutional law, but on grounds of political economy. Hamilton's construction of the Elastic Clause has to this extent prevailed, and mainly for the reason that a liberal construction of that clause was needed in order A FEW WORDS ABOUT POLITICS. 275 to give the national government enough power to re- strict the spread of slavery and suppress the great rebellion of which slavery was the exciting cause. Another political question, more important, if pos- sible, than that of the Tariff, is to-day the question of the reform of the Civil Service; but it is civil service not avowedly made a party question. Twenty reform - years ago both parties laughed at it ; now both try to treat it with a show of respect and to render unto it lip-homage ; and the control of the immediate political future probably lies with the party which treats it most seriously. It is a question that was not distinctly foreseen in the days of Hamilton and Jefferson, when the Constitution was made and adopted ; otherwise, one is inclined to believe, the framers of the Consti- tution would have had something to say about it. The question as to the Civil Service arises from the fact that the president has the power of appointing a vast number of petty officials, chiefly postmasters and officials concerned with the collection of the fed- eral revenue. Such officials have properly nothing to do with politics ; they are simply the agents or clerks or servants of the national government in conducting its business : and if the business of the national gov- ernment is to be managed on such ordinary principles of prudence as prevail in the management of private business, such servants ought to be selected for per- sonal merit and retained for life or during good be- haviour. It did not occur to our earlier presidents to regard the management of the public business in any other light than this. But as early as the beginning of the nineteenth cen< tury a vicious system was growing up in New York and Pennsylvania. In those states the appointive offices came to be used as bribes or as rewards foi 276 THE FEDERAL UNION. partisan services. By securing votes for a successful candidate, a man with little in his pocket and Origin of the . . spoils sys- nothing in particular to do could obtain some office with a comfortable salary. It would be given him as a reward, and some other man, per- haps more competent than himself, would have to be turned out in order to make room for him. A more effective method of driving good citizens " out of poli- tics " could hardly be devised. It called to the front a large class of men of coarse moral fibre who greatly preferred the excitement of speculating in politics to earning an honest living by some ordinary humdrum business. The civil service of these states was se- riously damaged in quality, politics degenerated into a wild scramble for offices, salaries were paid to men who did little or no public service in return, and thus the line which separates taxation from robbery was often crossed. About the same time there grew up an idea that there is something especially democratic, and there- fore meritorious, about " rotation in office." Govern- notation ment offices were regarded as plums at which every one ought to be allowed a chance to take a bite. The way was prepared in 1820 by W. H. Crawford, of Georgia, who succeeded in getting the law enacted that limits the tenure of office for postmasters, revenue collectors, and other servants of the federal government to four years. The importance of this measure was not understood, and it excited very little discussion at the time. The next presidential election which resulted in a change of party was that of Jack- son in 1828, and then the methods of New York and Pennsylvania were applied on a national scale. Jack- son cherished the absurd belief that the administration of his predecessor Adams had been corrupt, and he A FEW WORDS ABOUT POLITICS. 277 turned men out of office with a keen zest. During the forty years between Washington's first inaugura- tion and Jackson's the total number of removals from office was 74, and out of this number 5 were default- ers. During the first year of Jackson's administra- tion the number of changes made in the The"spoiic civil service was about SjOOO. 1 Such was ^de^. the abrupt inauguration upon a national tlonaL scale of the so-called " spoils system." The phrase originated with W. L. Marcy, of New York, who in a speech in the senate in 1831 declared that " to the victors belong the spoils." The man who said this of course did not realize that he was making one of the most shameful remarks recorded in history. There was, however, much aptness in his phrase, inasmuch as it was a confession that the business of American politics was about to be conducted on principles fit only for the warfare of barbarians. In the canvass of 1840 the Whigs promised to re- form the civil service, and the promise brought them many Democratic votes ; but after they had won the election, they followed Jackson's example. The Democrats followed in the same way in 1845, and from that time down to 1885 it was customary at each change of party to make a " clean sweep " of the offices. Soon after the Civil War the evils of the system began to attract serious attention on the part of thoughtful people. The " spoils system " has helped to sustain all manner of abominations, from grasping monopolies and civic jobbery down to po- litical rum-shops. The virus runs through everything, and the natural tendency of the evil is to grow with the growth of the country. In 1883 Congress passed the Civil Service Act, 1 Sumner's Jackson, p. 147. 278 THE FEDERAL UNION. allowing the president to select a board of examiners on whose recommendation appointments are Service Act made. Candidates for office are subjected Of 1883. ... ... rr.i to an easy competitive examination. Ihe system has worked well in other countries, and under Presidents Arthur and Cleveland it was applied to a considerable part of the civil service. It has also been adopted in some states and cities. The oppo- nents of reform object to the examination that it is not always intimately connected with the work of the office, 1 but, even if this were so, the merit of the sys- tem lies in its removal of the offices from the category of things known as " patronage." It relieves the president of much needless work and wearisome im- portunity. The president and the heads of depart- ments appoint (in many cases, through subordinates) about 115,000 officials. It is therefore impossible to know much about their character or competency. It becomes necessary to act by advice, and the advice of an examining board is sure to be much better than the advice of political schemers intent upon getting a salaried office for their needy friends. The ex- amination system has made a fair beginning and will doubtless be gradually improved and made more strin- gent. Something too has been done toward stopping two old abuses attendant upon political canvasses, (1) forcing government clerks, under penalty of losing their places, to contribute part of their salaries for election purposes ; (2) allowing government clerks to 1 The objection that the examination questions are irrelevant to the work of the office is often made the occasion of gross ex- aggeration. I have given, in Appendix I, an average sample of the examination papers used in the customs service. It is taken from United States Civil Service Commission. Instructions to Appli- cants, etc. Form 117, October, 1900. Washington, Govern- ment Printing Office, 1900. A FEW WORDS ABOUT POLITICS. 279 neglect their work in order to take an active part in the canvass. Before the reform of the civil service can be completed, however, it will be necessary to re- peal Crawford's act of 1820 and make the tenure of postmasters and revenue collectors as secure as that of the chief justice of the United States. Another political reform which promises excellent results is the adoption by many states of some form of the Australian ballot-system, for the pur- The Augtra ^ pose of checking intimidation and bribery uanbaiiot- at elections. The ballots are printed by the state, and contain the names of all the candidates of all the parties. Against the name of each candidate the party to which he belongs is designated, and against each name there is a small vacant space to be filled with a cross. At the polling-place the ballots are kept in an inclosure behind a railing, and no bal- lot can be brought outside under penalty of fine or imprisonment. 1 One ballot is nailed against the wall outside the railing, so that it may be read at leisure. The space behind the railing is divided into separate booths quite screened from each other. Each booth is provided with a pencil and a convenient shelf on which to write. The voter goes behind the railing, takes the ballot which is handed him, carries it into one of the booths, and marks a cross against the names of the candidates for whom he votes. He then puts his ballot into the box, and his name is checked off on the register of voters of the precinct. This sys- tem is very simple, it enables a vote to be given in absolute secrecy, and it keeps " heelers " away from 1 This is a brief description of the system lately adopted in Massachusetts. The penalty here mentioned is a fine not ex- ceeding a thousand dollars, or imprisonment not exceeding one year, or both such fine and such imprisonment. 280 THE FEDERAL UNION. the polls. It is favourable to independence in voting, 1 and it is unfavourable to bribery, because unless the briber can follow his man to the polls and see how he votes, he cannot be sure that his bribe is effective. To make the precautions against bribery complete it will doubtless be necessary to add to the secret ballot the English system of accounting for election ex- penses. All the funds used in an election must pass through the hands of a small local committee, vouch- ers must be received for every penny that is ex- pended, and after the election an itemized account must be made out and its accuracy attested under oath before a notary public. This system of account- ing has put an end to bribery in England. 2 Complaints of bribery and corruption have attracted especial attention in the United States during the past few years, and it is highly creditable to the good sense of the people that measures of prevention have been 1 It is especially favourable to independence in voting, if the lists of the candidates are placed in a single column, without reference to party (each name of course, having the proper party designation, " Rep.," " Dem.," " Prohib.," etc., attached to it). In such case it must necessarily take the voter some little time to find and mark each name for which he wishes to vote. If, however, the names of the candidates are arranged according to their party, all the Republicans in one list, all the Democrats in another, etc., this arrangement is much less favourable to in- dependence in voting and much less efficient as a check upon bribery ; because the man who votes a straight party ticket will make all his marks in a very short time, while the " scratcher," or independent voter, will consume much more time in selecting his names. Thus people interested in seeing whether a man is voting the straight party ticket or not can form an opinion from the length of time he spends in the booth. It is, therefore, im- portant that the names of all candidates should be printed in a single column. 3 An important step in this direction has been taken in the New York Corrupt Practices Act of April, 1890. See Appendix J. A FEW WORDS ABOUT POLITICS. 281 so promptly adopted by so many states. With an in- dependent and uncorrupted ballot, and the civil service taken " out of politics," all other reforms will become far more easily accomplished. These ends will pre- sently be attained. Popular government makes many mistakes, and sometimes it is slow in finding them out j but when once it has discovered them it has a way of correcting them. It is the best kind of government in the world, the most wisely conservative, the most steadily progressive, and the most likely to endure. QUESTIONS ON THE TEXT. 1. What was a chief source of opposition to the new federal government ? 2. What necessity for caution existed in devising methods to raise money ? 3. Hamilton's scheme of excise : a. The things on which excise was laid. 6. The unpopularity of the scheme. c. The " Whiskey Insurrection." d. Its suppression by Washington. 4. Hamilton's tariff scheme : a. The class of things on which duties were placed. b. Popular acquiescence in the plan. c. Effect of diverting the stream of custom-house revenue from its old destination in the several state treasuries to its new destination in the federal treasury. d. Direct taxation during the Civil War. e. Methods pursued since the Civil War. 5. The origin of American political parties : a. Jefferson's objection to Hamilton's policy. 6. Hamilton's defence of his policy. c. Jefferson's view of the Elastic Clause. d. Hamilton's view of the Elastic Clause. e. Two names suggestive of an abiding antagonism in Ameri- can politics. /. A view of the Elastic Clause that commends itself to all. g. The party of Hamilton and its successors. h. The party of Jefferson and its successor. 6. Great practical questions that have divided parties : 282 THE FEDERAL UNION. a. The Tariff. b. Internal Improvements. c. A National Bank. d. The present attitude towards these three questions. e. The shifting of ground in arguing the tariff question. f. The reason for this change of base. 7. Civil Service reform : a. The attitude of parties a few years ago. b. The present attitude of the same parties. c. A question not foreseen. d. The number of officers appointed. e. The non-political nature of their duties. f. The principles that should prevail in their selection and service. 8. The " spoils system " : a. Early appointive officers in New York and Pennsylvania . b. The driving of good citizens out of politics. c. The character of the men called to the front. d. The effect on civil service and on politics. 9. Rotation in office : a. A new idea about government offices. b. Crawford's law of 1820. c. Failure to grasp its significance. d. Jackson's course in 1829. e. Removals from office down to Jackson's time. f. Removals during the first year of Jackson's administra- tion. g. Origin of the phrase, " spoils system." h. Promises and practice down to 1885. f. The evils conspicuous since the Civil War. 30. The Civil Service Act of 1883. a. A board of examiners. b. Competitive examination of candidates. c. The spread of the principles of the reform. d. The merit of the system. e. Two old abuses stopped. f. Further measures needed. 1 1 . The Australian ballot system : a. The object of this system. b. The printing of the ballots. c. What a ballot contains. d. Ballots at the polling-places. A FEW WORDS ABOUT POLITICS. 288 e. The booths. f. The manner of voting g. The advantages of the system. h. An additional precaution against bribery. 12. What is the attitude of the people towards bribery and cor- ruption ? 13. What reforms must be accomplished before others can make much headway ? . SUGGESTIVE QUESTIONS AND DIRECTIONS. 1. How much money is needed by the United States govern- ment for the expenses of a year ? How much is needed for the army, the navy, the interest on the public debt, pensions, rivers and harbours, ordinary civil expenses, etc. ? (Answer for any recent year.) 2. From what sources does the revenue come ? Tell how much revenue each of the several sources has yielded in any recent year. 3. What is the origin of the word tariff"? 4. What is meant by protection ? What is meant "by free trade ? What is meant by a tariff' for revenue only f What is meant by reciprocity ? Give illustrations. 5. What are some of the reasons assigned for protection ? 6. What are some of the reasons assigned for free trade ? 7. Which policy prevails among the states themselves ? 8. Which policy prevails between the United States and other nations ? 9. Mention all the kinds of United States money in circula- tion. Bring into the class a national bank bill, a gold certificate, a silver certificate, any piece that is used as money, and inquire wherein its value lies, what it can or cannot be used for, what the United States will or will not give in exchange for it, and whether it is worth its face in gold or not. lo. Is it right to buy silver at seventy-five cents and then put it into circulation stamped a dollar, the Government receiv- ing the profit ? Can you get a gold dollar for a silver one ? IT. Is a promise to pay a dollar a real dollar ? May it be as good as a dollar ? If so, under what conditions ? 12. If gold were as common as gravel, what characteristics of it universally recognized would remain unchanged ? What would become of its purchasing power, if it cost little or 284 THE FEDERAL UNION. no labour to obtain it ? Why is it accepted as a standard of value ? 13. During the Civil War gold was said to fluctuate in value, because it took two dollars of paper money, sometimes more, sometimes less, to buy one dollar in gold. Where was the real changing ? What was the cause of it ? 14. What men are at the head of the national government at the present time ? (Think of the executive department and its primary divisions, the legislative department, and the judicial.) 15. What salaries are paid these officers ? Compare American salaries with European salaries for corresponding high positions. 1 6. Should a president serve a second term ? What is the ad- vantage of such service ? What is the objection to it ? Is a single term of six years desirable ? 17. Ought the president to be elected directly by the people ? 1 8. Name in order the persons entitled to succeed to the presi- dency in case of vacancy. 19. Who is your representative in Congress ? 20. Who are your senators in Congress ? 21. What is the pay of members of Congress ? Who determine the compensation ? What is there to prevent lavish or improper pay ? 22. There is said to be "log-rolling" in legislation at times. What is the nature of this practice ? Is it right ? 23. Is the senator or the representative of higher dignity? Why? 24. Why should members of Congress be exempted from arrest in certain cases ? 25. Find authority in the Constitution for various things that Congress has done, such as the following : a. It has established a military academy at West Point. 6. It has given public lands to Pacific railroads. c. It has authorized uniforms for letter carriers. d. It has ordered surveys of the coast. e. It has established the Yellowstone National Park. f. It has voted millions of dollars for pensions. g. It refused during the Civil War to pay its promises with silver or gold. A. It bought Alaska of Russia. i. It has adopted exclusive measures towards the Chinese. A FEW WORDS ABOUT POLITICS. 285 26. Reverse the preceding exercise. That is, cite clauses of the Constitution, and tell what particular things Congress has done because of such authority. For example, what specific things have been done under the following pow- ers of Congress ? a. To collect taxes. 6. To regulate commerce with foreign nations. c. To coin money. d. To establish post-roads. e. To provide for the common defence. f. To provide for the general welfare. 27. Compare the strength of the national government to-day with its strength in the past. 28. Who are citizens according to the Constitution ? Is a woman a citizen ? Is a child a citizen ? Are Indians citizens ? Are foreigners residing in this country citizens ? Are children born abroad of American parents citizens ? Can one person be a citizen of two nations at the same time, or of two states, or of two towns ? Explain. 29. To what laws is an American vessel on the ocean subject ? 30. Show how the interests and needs of the various sections of the country present wide differences. Compare mining sections with agricultural, and both with manufacturing ; Pacific states with Atlantic ; Northern states with South- ern. What need of mutual consideration exists ? 31. Name all the political divisions from the smallest to the great- est in which you live. A Cambridge (Mass.) boy might, for example, say, " I live in the third precinct of the first ward, in the first Middlesex representative district, the third Middlesex senatorial district, the third councillor district, and the fifth congressional district. My city is Cambridge ; my county, Middlesex, etc." Name the various persons who represent you in these several dis- tricts. 32. May state and local officers exercise authority on United States government territory, as, for example, within the limits of an arsenal or a custom-house ? May national gov- ernment officers exercise authority in states and towns ? 33. What is a sovereign state ? Is New York a sovereign state ? the United States ? the Dominion of Canada ? Great Britain ? Explain. 34. When sovereign nations disagree, how can a settlement be 286 THE FEDERAL UNION. effected? What is the best way to settle such a dis- agreement ? illustrate from history the methods of negotiation, of arbitration, and of war. 35. When two states of the Federal Union disagree, what solu- tion of the difficulty is possible ? BIBLIOGRAPHICAL NOTE. THE FEDERAL UNION. For the origin of our federal con- stitution, see Bancroft's History of the United States, final edition, vol. vi., N. Y., 1886 ; Curtis's History of the Constitution, 2 vols., N. Y., 1861, new edition, vol. i., 1889 ; and my Critical Period of American History, Boston, 1888, with copious references in the bibliographical note at the end. Once more we may refer ad- vantageously to J. H. U. Studies, II., v.-vi., H. C. Adams, Tax- ation in the United States, 1789-1816 ; VIII., i.-ii., A. W. Small, The Beginnings of American Nationality. See also Jameson's Essays in the Constitutional History of the United States in the Formative Period, 1775-1789, Boston, 1889, a very valuable book. On the progress toward union during the colonial period, see especially Frothingham's Rise of the Republic of the United States, Boston, 1872 ; also Scott's Development of Constitutional Liberty in the English Colonies of America, N. Y., 1882. By far the ablest and most thorough book on the government of the United States that has ever been published is Bryce's American Commonwealth, 2 vols., London and N. Y., 1888. No American citizen's education is properly completed until he has read the whole of it carefully. In connection therewith, the work of Tocqueville, Democracy in America, 2 vols., 6th ed.. Boston, 1876, is interesting. The Scotchman describes and dis- cusses the American commonwealth of to-day, the Frenchman that of sixty years ago. There is an instructive difference in the methods of the two writers, Tocqueville being inclined to draw deductions from ingenious generalizations and to explain as natural results of democracy sundry American characteristics that require a different explanation. His great work is admira- bly reviewed and criticised by Bryce, in the J. H. U. Studies, V., ix., The Predictions of Hamilton and De Tocqueville. The following manuals may be recommended ; Thorpe, Tht BIBLIOGRAPHICAL NOTE. 287 Government of the People of the United States, Phila., 1889 ; Mar- tin's Text Book on Civil Government in the United States, N. Y. and Chicago, 1875 (written with special reference to Massachu- setts) ; Northam's Manual of Civil Government, Syracuse, 1887 (written with special reference to New York) ; Ford's American Citizen's Manual, N. Y., 1887 ; Rupert's Guide to the Study of the History and the Constitution of the United States, Boston, 1888 ; Andrews's Manual of the Constitution of the United States, Cin- cinnati, 1874 ; Miss Dawes, How we are Governed, Boston, 1888 ; Macy, Our Government : How it Grew, What it Does, and How it Does it, Boston, 1887. The last is especially good, and mingles narrative with erposition in an unusually interesting way. Nord- hoff's Politics for Young Americans, N. Y., 1887, is a book that ought to be read by all young Americans for its robust and sound political philosophy. It is suitable for boys and girls from twelve to fifteen years old. C. F. Dole's The Citizen and the Neighbour, Boston, 1887, is a suggestive and stimulating little book. For a comparative survey of governmental institutions, ancient and modern, see Woodrow Wilson's The State: El- ements of Historical and Practical Politics, Boston, 1889. An enormous mass of matter is compressed into this volume, and, although it inevitably suffers somewhat from extreme conden- sation, it is so treated as to be both readable and instructive. The chapter on The State and Federal Governments of the United States has been published separately, and makes a convenient little volume of 131 pages. Teachers should find much help in MacAlister's Syllabus of a Course of Elementary Instruction in United States History and Civil Government, Phila., 1887. The following books of the " English Citizen Series," pub- lished by Macmillan & Co., may often be profitably consulted : M. D. Chalmers, Local Government; H. D. Traill, Central Gov- ernment ; F. W. Maitland, Justice and Police ; Spencer Walpole, The Electorate and the Legislature; A. J. Wilson, The National Budget ; T. H. Farrer, The State in its Relations to Trade ; W. S. Jevons, The State in its Relations to Labour. The works on the English Constitution by Stubbs, Gneist, Taswell-Lang- mead, Freeman, and Bagehot are indispensable to a thorough understanding of civil government in the United States : Stubbs, Constitutional History of England, 3 vols., London, 1875-78 ; Gneist, History of the English Constitution, 2d ed., 2 vols., Lon- don, 1889 ; Taswell-Langmead, English Constitutional History, 288 THE FEDERAL UNION. 5th ed., Boston, 1896 ; Freeman, The Growth of the English Con- ititution, London, 1872 ; Bagehot, The English Constitution, re- vised ed., Boston, 1873. An admirable book in this connection is Hannis Taylor's (of Alabama) Origin and Growth of the Eng- lish Constitution, Boston, 1889. In connection with Bagehot's English Constitution the student may profitably read Woodrow Wilson's Congressional Government, Boston, 1885, and A. L. Lowell's Essays in Government, Boston, 1890. See also Sir H. Maine, Popular Government, London, 1886 ; Sir G. C. Lewis on The Use and Abuse of Certain Political Terms, London, 1832 ; Methods of Observation and Reasoning in Politics, 2 vols., London, 1852 ; and Dialogue on the Best Form of Government, London, 1863. Among the most valuable books ever written on the proper sphere and duties of civil government are Herbert Spencer's Social Statics, London, 1851 ; The Study of Sociology, 9th ed, London, 1880 ; The Man versus The State, London, 1884 ; they are all reprinted by D. Appleton & Co., New York. The views expressed in Social Statics with regard to the tenure of laud are regarded as unsound by many who are otherwise in entire sym- pathy with Mr. Spencer's views, and they are ably criticised in Bonham's Industrial Liberty, N. Y., 1888. A book of great merit, which ought to be reprinted as it is now not easy to obtain, is Toulmin Smith's Local Self-Government and Centralization, Lon- don, 1851. Its point of view is sufficiently indicated by the following admirable pair of maxims (p. 12) : " LOCAL SELF-GOVERNMENT is that system of Government un- der which the greatest number of minds, knowing the most, and having the fullest opportunities of knowing it, about the special mat- ter in hand, and having the greatest interest in its well-working, have the management of it, or control over it. " CENTRALIZATION is that system of government under which the smallest number of minds, and those knowing the least, and having the fewest opportunities of knowing it, about the special matter in hand, and having the smallest interest in its well-working, have the management of it, or control over it." An immense amount of wretched misgovernment would be avoided if all legislators and all voters would engrave these wholesome definitions upon their minds. In connection with the books just mentioned much detailed and valuable information may be found in the collections of essays edited by J. W. Pro- byn, Local Government and Taxation [in various countries], London, 1875 ; Local Government and Taxation in the United BIBLIOGRAPHICAL NOTE. 289 Kingdom, London, 1882. See also R. T. Ely's Taxation in Amer- ican States and Cities, N. Y., 1889. The most elaborate work on our political history is that of Hermann von Hoist, Constitutional and Political History of the United States, translated from the German by J, J. Lalor, vols. i.-vi. (1787-1859), Chicago, 1877-89. In spite of a somewhat too pronounced partisan bias, its value is great. See also Schouler's History of the United States under the Constitution, vols. i.-vi. (1783-1865), new ed., N. Y., 1899. The most useful handbook, alike for teachers and for pupils, is Alexander Johnston's His- tory of American Politics, 2d ed., N. Y., 1882. The United States, N. Y., 1889, by the same author, is also excellent. Every school should possess a copy of Lalor's Cyclopcedia of Political Science, Political Economy, and the Political History of the United States^ 3 vols., Chicago, 1882-84. The numerous articles in it relating to American history are chiefly by Alexander Johnston, whose mastery of his subject was simply unrivalled. See also Gamaliel Bradford's Lessons of Popular Government, New York, 1899. For a manual^Jf constitutional law, Cooley's General Principles of Constitutional Law in the United States of America, Boston, 1880, is to be recommended. The reader may fitly supplement his general study of civil government by the little book of E. P. Dole, Talks about Law : a Popular Statement of What our Law is and How it is to be Administered, Boston, 1887. In connection with the political history, Stauwood's History of the Presidency, Boston, 1898, will be found useful. See also Lawton's American Caucus System, N. Y., 1885. On the gen- eral subject of civil service reform, see Eaton's Civil Service in Great Britain: a History of Abuses and Reforms, and their Bear- ing upon American Politics, N. Y., 1880. Comstock's Civil Ser- vice in the United States, N. Y., 1885, is a catalogue of offices, with full account of civil service rules, examinations, specimens of examination papers, etc. ; also some of the state rules, as in New York, Massachusetts, etc. I would here call attention to some publications by the Di- rectors of the Old South Studies in History and Politics, first, The Constitution of the United States, with Historical and Bibliographical Notes and Outlines for Study, prepared by E. D. Mead (Directors of the Old South Work, 25 cents) ; secondly, the Old South Leajlets, furnished to schools and the trade by 290 THE FEDERAL UNION. the same publishers, at 5 cents a copy or 84.00 a hundred. These leaflets are for the most part reprints of important original papers, furnished with valuable historical and bibliographical notes. The titles of the earliest issues in this series are as follows : 1. The Constitution of the United States ; 2. The AT- tides of Confederation ; 3. The Declaration of Independence ; 4. Washington's Farewell Address ; 5. Magna Charta ; 6. Vane's " Healing Question ; " 7. Charter of Massachusetts Bay, 1629 ; 8. Fundamental Orders of Connecticut, 1639 ; 9. Franklin's Plan of Union, 1754 ; 10. Washington's Inaugurals ; 11. Lincoln's Inaugurals and Emancipation Proclamation ; 12. The Federalist, Nos. 1 and 2 ; 13. The Ordinance of 1787 ; 14. The Constitu- tion of Ohio ; 15. Washington's " Legacy " ; 16. Washington's Letter to Benjamin Harrison, Governor of Virginia, on the Opening of Communication with the West ; 17. Verrazano's Voyage, 1524 ; 18. Federal Constitution of the Swiss Confedera- tion. (Additions are made to this list every year.) Howard Preston's Documents Illustrative of American History, N. Y., 1886, contains the following : First Virginia Charter, 1606 ; Second Virginia Charter, 1609 ; Third Virginia Charter, 1612 ; Mayflower Compact, 1620 ; Massachusetts Charter, 1629 ; Maryland Charter, 1632 ; Fundamental Orders of Connecticut, 1639 ; New England Confederation, 1643 ; Connecticut Charter, 1662 ; Rhode Island Charter, 1663 ; Pennsylvania Charter, 1681 ; Penn's Plan of Union, 1697 ; Georgia Charter, 1732 ; Franklin's Plan of Union, 1754 ; Declaration of Rights, 1765 ; Declaration of Rights, 1774 ; Non-Importation Agreement, 1774 ; Virginia Bill of Rights, 1776 ; Declaration of Independence, 1776 ; Articles of Confederation, 1777 ; Treaty of Peace, 1783 ; Northwest Ordinance, 1787 ; Constitution of the United States, 1787 ; Alien and Sedition Laws, 1798 ; Virginia Resolutions, 1798 ; Kentucky Resolutions, 1798 ; Kentucky Resolutions, 1799 ; Nullification Ordinance, 1832 ; Ordinance of Secession, 1860 ; South Carolina Declaration of Independence, 1860 ; Eman- cipation Proclamation, 1863. See also Poore's Federal and State Constitutions, Colonial Charters, and other Organic Laws of the United States, 2 vols., Washington, 1877. The series of essays entitled The Federalist, written by Hamil- ton, Madison, and Jay, in 1787-88, while the ratification of the Constitution was in question, will always remain indispensable BIBLIOGRAPHICAL NOTE. 291 as an introduction to the thorough study of the principles upon which our federal government is based. The most recent edi- tion is by H. C. Lodge, N. Y., 1888. For the systematic and elaborate study of the Constitution, see Foster's References to the Constitution of the United States, a little pamphlet of 50 pages published by the " Society for Political Education," 330 Pearl St., New York, 1890, price 25 cents. For very pleasant and profitable reading, in connection with the formation and interpretation of the Constitution, and the political history of our country from 1763 to 1850, we have the " American Statesmen Series," edited by J. T. Morse, and pub- lished by Houghton, Mifflin & Co., Boston, 1882-96 : Benja- min Franklin, by J. T. Morse ; Patrick Henry, by M. C. Tyler ; Samuel Adams, by J. K. Hosmer ; George Washington, by H. C. Lodge, 2 vols. ; John Adams and Thomas Jefferson, by J. T. Morse ; Alexander Hamilton, by H. C. Lodge ; Gouverneur Mor- ris, by T. Roosevelt ; James Madison, by S. H. Gay ; James Monroe, by D. C. Oilman ; Albert Gallatin, by J. A. Stevens ; John Randolph, by H. Adams ; John Jay, by G. Pellew ; John Marshall, by A. B. Magruder ; John Quincy Adams, by J. T. Morse ; John C. Calhoun, by H. von Hoist ; Andrew Jackson, by W. G. Sumner ; Martin Van Buren, by E. M. Shepard ; Henry Clay, by C. Schurz, 2 vols. ; Daniel Webster, by H. C. Lodge ; Thomas H. Benton, by T. Roosevelt ; Lewis Cass, by Prof. Andrew C. McLatighlin; Abraham Lincoln, by John T. Morse, Jr., 2 vols. ; William H. Seward, by Thornton K. Lothrop; Salmon P. Chase, by Albert Bushnell Hart ; Charles Francis Adams, by C. F. Adams, Jr.; Charles Sumner, by Moorfield Storey; Thaddeus Stevens, by Samuel W. McCall. In connection with the questions on page 269 relating to tariff, currency, etc., references to some works on political economy are needed. The arguments in favour of protectionism are set forth in Bowen's American Political Economy, last ed., N. Y., 1870 ; the arguments in favour of free trade are set forth in Perry's Po- litical Economy, 19th ed., N. Y., 1887 ; and for an able and im- partial historical survey, Taussig's Tariff History of the United States, N. Y., 1888, may be recommended. For a lucid view of currency, see Jevons's Money and the Mechanism of Exchange, N. Y., 1875. A useful work on the Australian method of voting is Wigmore's The Australian Ballot System, 2d ed., Boston, 1890. 292 THE FEDERAL UNION. In connection with some of the questions on page 271, the Btudent may profitably consult Woolsey's International Law. 6th ed., N. Y., 1879. NOTE TO PAGE 234. BY the act of February 3, 1887, the second Monday in January is fixed for the meeting of the electoral colleges in all the states. The provisions relating to the first Wednesday in January are repealed. The interval between the second Monday in January and the second Wednesday in February remains available for the settlement of disputed questions. NOTE TO PAGE 260. In order to relieve the supreme court of the United States, which had come to be overburdened with business, a new court, with limited appellate jurisdiction, called the circuit court of appeals, was organized in 1892. It consists primarily of nine appeal judges, one for each of the nine circuits. For any given circuit the supreme court justice of the circuit, the appeal judge of the circuit, and the circuit judge constitute the court of appeal. APPENDIX A, THE ARTICLES OF CONFEDERATION. Articles of Confederation and Perpetual Union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. ARTICLE I. The style of this Confederacy shall be, " The United States of America." ART. II. Each State retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States in Congress assembled. ART. III. The said States hereby severally enter into a firm league of friendship with each other, for their common de- fence, the security of their liberties, and their mutual and gen- eral welfare, binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. ART. IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States ; and the people of each State shall have free ingress and egress to and from any other State, and shall enjoy therein all the privileges of trade and commerce subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively; provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State to any other State of which the owner is an in- 294 APPENDIX A. habitant; provided also, that no imposition, duties, or restriction shall be laid by any State on the property of the United State! or either of them. If any person guilty of, or charged with, treason, felony, or other high misdemeanour in any State shall flee from justice and be found in any of the United States, he shall, upon demand of the governor or executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offense. Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State. ART. V. For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the Legislature of each State shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each State to recall ita delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year. No State shall be represented in Congress by less than two, nor by more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States for which he, or another for his benefit, receives any salary, fees, or emolument of any kind. Each State shall maintain its own delegates in any meeting of the States and while they act as members of the Committee of the States. In determining questions in the United States, in Congress assembled, each State shall have one vote. Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress; and the members of Congress shall be protected in their per- sons from arrests and imprisonment during the tune of their going to and from, and attendance on, Congress, except for treason, felony, or breach of the peace. ART. VI. No State, without the consent of the United States, in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agree- ment, alliance, or treaty with any king, prince, or state; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolu- ment, office, or title of any kind whatever from any king, prince, or foreign state; nor shall the United States, in Congress as- sembled, or any of them, grant any title of nobility. ARTICLES OF CONFEDERATION. 295 No two or more States shall enter into any treaty, confeder- ation, or alliance whatever between them, without the consent of the United States, in Congress assembled, specifying accu- rately the purposes for which the same is to be entered into, and how long it shall continue. No State shall lay any imposts or duties which may interfere with any stipulations in treaties entered into by the United States, in Congress assembled, with any king, prince, or state, in pursuance of any treaties already proposed by Congress to the courts of France and Spain. No vessel of war shall be kept up in time of peace by any State, except such number only as shall be deemed necessary by the United States, in Congress assembled, for the defence of such Statb or its trade, nor shall any body of forces be kept up by any State in time of peace, except such number only as, in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the de- fence of such State ; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have ready for use in public stores a due number of field-pieces and tents, and a proper quantity of arms, ammunition, and camp equipage. No State shall engage in any war without the consent of the United States, in Congress assembled, unless such State be actually invaded by enemies, or shall have received certain ad- vice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to ad- mit of a delay till the United States, in Congress assembled, can be consulted ; nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States, in Con- gress assembled, and then only against the kingdom or state, and the subjects thereof, against which war has been so de- clared, and under such regulations as shall be established by the United States, in Congress assembled, unless such State be in- fested by pirates, in which case vesselr of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States, in Congress assembled, shall deter- mine otherwise. ART. VII. When land forces are raised by any State for the common defence, all officers of or under the rank of Colonel shall be appointed by the Legislature of each State respectively 296 APPENDIX A. by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment. ART. VIII. All charges of war, and all other expenses that shall be incurred for the common defence, or general wel- fare, and allowed by the United States, in Congress assembled, shall be defrayed out of a common treasury, which shall be sup- plied by the several States in proportion to the value of all land within each State, granted to, or surveyed for, any person, as such land and the buildings and improvements thereon shall be estimated, according to such mode as the United States, in Congress assembled, shall, from time to time, direct and ap- point. The taxes for paying that proportion shall be laid and levied by the authority and direction of the Legislatures of the several States, within the time agreed upon by the United States, in Congress assembled. ART. IX. The United States, in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth Article; of sending and receiving ambassadors; entering into treaties and alliances, provided that no treaty of commerce shall be made, whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatever; of establishing rules for deciding, in all cases, what captures on land and water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropri- ated; of granting letters of marque and reprisal in times of peace; appointing courts for the trial of piracies and felonies committed on the high seas ; and establishing courts for receiv- ing and determining finally appeals in all cases of captures; provided that no member of Congress shall be appointed a judge of any of the said courts. The United States, in Congress assembled, shall also be the last resort on appeal in all disputes and differences now sub- sisting, or that hereafter may arise between two or more States concerning boundary jurisdiction^ or any other cause what- ever; which authority shall always be exercised in the manner following: Whenever the legislative or executive authority, or lawful agent of any State in controversy with another, shall ARTICLES OF CONFEDERATION. 297 present a petition to Congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other State in controversy, and a day assigned for the appear- once of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question ; but if they cannot agree, Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen ; and from that number not less than seven nor more than nine names, as Congress shall direct, shall, in the presence of Congress, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination; and if either party shall neglect to attend at the day appointed, without showing reasons which Congress shall judge sufficient, or being present, shall refuse to strike, the Congress shall proceed to nominate three persons out of each State, and the secretary of Congress shall strike in behalf of such party absent or refusing; and the judg- ment and sentence of the court, to be appointed in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judgment, which shall in like manner be final and decisive; the judgment or sentence and other proceedings being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned; provided, that every commis- sioner, before he sits in judgment, shall take an oath, to be ad- ministered by one of the judges of the supreme or superior court of the State where the cause shall be tried, " well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection, or hope of reward." Provided, also, that no State shall be deprived of territory for the benefit of the United States. All controversies concerning the private right of soil claimed under different grants of two or more States, whose jurisdictions, at they may respect such lands, and the States which passed 298 APPENDIX A. such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the Congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different States. The United States, in Congress assembled, shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States ; fixing the standard of weights and meas- ures throughout the United States; regulating the trade and managing all affairs with the Indians, not members of any of the States ; provided that the legislative right of any State, within its own limits, be not infringed or violated ; establishing and regulating post-offices from one State to another, throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the ex- penses of the said office ; appointing all officers of the land forces in the service of the United States, excepting regimental officers ; appointing all the officers of the naval forces, and com- missioning all officers whatever in the service of the United States; making rules for the government and regulation of the said land and naval forces, and directing their operations. The United States, in Congress assembled, shall have author- ity to appoint a committee, to sit in the recess of Congress, to be denominated " A Committee of the States," and to consist of one delegate from each State, and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction ; to appoint one of their number to preside ; provided that no person be allowed to serve in the office of president more than one year in any term of three years ; to ascertain the neceesary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses ; to borrow money or emit bills on the credit of the United States, transmitting every half year to the respective States an account of thi sums of money so borrowed or emitted ; to build and equip a navy; to agree upon the number of land forces, and to make requisitions from each State for its quota, in proportion to the number of white inhabitants in such State, which requisition shall be binding ; and thereupon the Legisla- 299 tore of each State shall appoint the regimental officers, raise the men, and clothe, arm, and equip them in a soldier-like manner, at the expense of the United States ; and the officers and men BO clothed, armed, and equipped shall march to the place ap- pointed, and within the time agreed on by the United States, in Congress assembled ; but if the United States, in Congress assembled, shall, on consideration of circumstances, judge proper that any State should not raise men, or should raise a smaller number than its quota, and that any other State should raise a greater number of men than the quota thereof, such extra num- ber shall be raised, officered, clothed, armed, and equipped in the same manner as the quota of such State, unless the Legis- lature of such State shall judge that such extra number can- not be safely spared out of the same, in which case they shall raise, officer, clothe, arm, and equip as many of such extra num- ber as they judge can be safely spared, and the officers and men so clothed, armed, and equipped shall march to the place ap- pointed, and within the time agreed on by the United States, in Congress assembled. The United States, in Congress assembled, shall never en- gage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or pur- chased, or the number of land or sea forces to be raised, nor appoint a cotnmander-in-chief of the army or navy, unless nine States assent to the same, nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States, in Con- gress assembled. The Congress of the United States shall have power to ad- journ to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations as in their judgment^require secrecy ; and the yeas and nays of the dele- gates of each State, on any question, shall be entered on the \ournal when it is desired by any delegate ; and the delegates 800 APPENDIX A, of a State, or any of them, at his or their request, shall be fur* nished with a transcript of the said journal except such parts a are above excepted, to lay before the Legislatures of the several States. ART. X. The Committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States, in Con- gress assembled, by the consent of nine States, shall, from time to time, think expedient to vest them with ; provided that no power be delegated to the said Committee, for the exercise of which, by the Articles of Confederation, the voice of nine States in the Congress of the United States assembled is requisite. ART. XI. Canada, acceding to this Confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this Union ; but no other colony shall be admitted into the same, unless such ad- mission be agreed to by nine States. ART. XII. All bills of credit emitted, moneys borrowed, and debts contracted by or under the authority of Congress, be- fore the assembling of the United States, in pursuance of the present Confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged. ART. XIII. Every State shall abide by the determinations of the United States, in Congress assembled, on sill questions which by this Confederation are submitted to them. And the Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the Legislatures of every State. AND WHEREAS it hath pleased the great Governor of the world to incline the hearts of the Legislatures we respectively represent in Congress to approve of, and to authorize us to ratify, the said Articles of Confederation and perpetual Union, know ye, that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constitu- ents, fully and entirely ratify and confirm each and eveVy of the aid Articles of Confederation and perpetual Union, and all and THE CONSTITUTION. 301 singular the matters and things therein contained. And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States, in Congress assembled, on all questions which by the said Confederation are submitted to them ; and that the Articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual. In witness whereof we have hereunto set our hands in Con- gress. Done at Philadelphia in the State of Pennsylvania the ninth day of July in the year of our Lord one thousand seven hundred and seventy-eight, and in the third year of the independence of America. APPENDIX B. THE CONSTITUTION OF THE UNITED STATES. PREAMBLE. 1 WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, pro- vide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. LEGISLATIVE DEPARTMENT. 2 Section I. Congress in General. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section II. House of Representatives. 1. The House of Representatives shall be composed of mem- bers chosen every second year by the people of the several States, and the electors in each State shall have the qualifica- tions requisite for electors of the most numerous branch of the State legislature. 1 Compare this Preamble with Confed. Art. I. and IIL 2 Compare Art. L. i.-vii. with Confed. Art. V. APPENDIX B. 2. No person shall be a Representative who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, in- cluding those bound to service for a term of years, and exclud- ing Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent terra of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Planta- tions one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. 4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeach- ment. Section III. Senate. 1. The Senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof, for six years ; and each Senator shall have one vote. 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year ; of the second class, at the expiration of the fourth year, and of the third class, at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen by resignation or otherwise during the recess of the legislature of any State, the executive thereof may make temporary appoint- ments until the next meeting of the legislature, which shall then fill such vacancies, THE CONSTITUTION. 303 8. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabit- ant of that State for which he shall be chosen. 4. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 5. Tne Senate shall choose their other officers, and also a President pro tempore in the absence of the Vice-President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeach- ments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: and no person shall be convicted without the concurrence of two thirds of the members present. 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust, or profit under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment, ac- cording to law. Section IV. Both Houses. 1. The times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators. 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Section V. The Houses Separately. 1. Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. 2. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the con- currence of two thirds, expel a member. 804 APPENDIX B. 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy, and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal. 4. Neither house, during the session of Congress, shall, with- out the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Section VI. Rights, Privileges, and Disabilities of Members. 1. The Senators and Representatives shall receive a compen- sation for their services, to be ascertained by law and paid out of the Treasury of the United States. They shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their re- spective houses, and in going to and returning from the same ; and for any speech or debate in either house they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during Buch time; and no person holding any office under the United States shall be a member of either house during his continuance in office. Section VII. Mode of Passing Laws. 1. Ah 1 bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills. 2. Every bill which shall have passed the House of Repre- sentatives and the Senate shall, before it become a law, be pre- sented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal and proceed to reconsidei it. If after such reconsideration two thirds of, that house shall agree to pass the tfill, it shall be sent, together with the objec- tions, to the other house, by which it shall likewise be recon- sidered, and if approved by two thirds of that house it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the THE CONSTITUTION. 305 persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not bo re- turned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. 3. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations pre- scribed in the case of a bill. Section VIII. Powers granted to Congress.* The Congress shall have power : 1. To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts, and ex- cises shall be uniform throughout the United States; 2. To borrow money on the credit of the United States; 3. To regulate commerce with foreign nations and among the several States, and with the Indian tribes; 4. To establish an uniform rule of naturalization, and uni- form laws on the subject of bankruptcies throughout the United States ; 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; 6. To provide for the punishment of counterfeiting the secu- rities and current coin of the United States; 7. To establish post-offices and post-roads; 8. To promote the progress of science and useful arts by se- curing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; 9. To constitute tribunals inferior to the Supreme Court; 10. To define and punish piracies and felonies committed on the high seas and offenses against the law of nations; 1 Compare viii. and ix. with Confed. Art. IX. ; clause 1 of viii. with Confed. Art. VIII.; and clause 12 of viii with Confed. Art. VII. 306 APPENDIX B. 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; 12. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; 13. To provide and maintain a navy; 14. To make rules for the government and regulation of the land and naval forces. 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions; 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be em- ployed in the service of the United States, reserving to the States respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress; 17. To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, be- come the seat of the Government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings ; and 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof. 1 Section IX. Powers denied to the United States. 1. The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be pro- hibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on sue! importation, not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be sus- pended, unless when in cases of rebellion or invasion the public safety may require it. 3. No bill of attainder or ex post facto law shall be passed. 4. No capitation or other direct tax shall be laid, unless in 1 This is the Elastic Clause in the interpretation of which arose the original and fundamental division of political parties. See abora, pp. 245, 259. THE CONSTITUTION. 307 proportion to the census or enumeration hereinbefore directed to be taken. 5. No tax or duty shall be laid on articles exported from any State. 6. No preference shall be given by any regulation of com" merce or revenue to the ports of one State over those of an- other; nor shall vessels bound to or from one State be obliged to enter, clear, or pay duties in another. 7. No money shall be drawn from the Treasury but in con- sequence of appropriations made by law; and a regular state- ment and account of the receipts and expenditures of all public money shall be published from time to time. 8. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign State.. Section X. Powers denied to the States. 1 1. No State shall enter into any treaty, alliance, or confedera- tion ; grant letters of marque and reprisal ; coin money ; emit- bills of credit ; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post factor law, or law impairing the obligation of contracts, or grant any title of nobility. 2. No State shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws ; and the net produce of all duties and imposts, laid by any State on im- ports or exports, shall be for the use of the Treasury of the United States ; and all such laws shall be subject to the revision and control of the Congress. 3. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State or with a foreign power, or engage in war, unless actually invaded or in such imminent danger as will not admit of delay. 1 Compare x. with Confed. Art. VL 308 APPENDIX B. ARTICLE II. EXECUTIVE DEPARTMENT. 1 Section I. President and Vice-PresidenU 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and together with the Vice-President, chosen for the same term, be elected as follows : 2. Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress ; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. 8. [The electors shall meet in their respective States and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and trans- mit sealed to the seat of 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 Rep- resentatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed ; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President ; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose 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. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President.] * 1 Compare Art. II. with Confed. Art, X. This clause of the Constitution baa been amende^. See Amend- ment*, Art. XU, THE CONSTITUTION. 309 4. The Congress may determine the time of choosing the electors and the day on which they shall give their votes, which day shall be the same throughout the United States. 5. No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President ; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. 6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve oil the Vice- President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly until the dis- ability be removed or a President shall be elected. 7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he may have been elected, and he shall not receive within that period any other emolument from the United States or any of them. 8. Before he enter on the execution of his office he shall take the following oath or affirmation : " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability preserve, protect, and defend the Constitution of the United States." Section II. Powers of the President. 1. The President shall be Commander-in-chief of the Army and Navy of the United States, and of the militia of the several States when called into the actual service of the United States ; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Sen- ators present concur ; and he shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassar 310 APPENDIX B. dors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appoint- ments are not herein otherwise provided for, and which shall be established by law ; but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of de- partments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting com- missions which shall expire at the end of their next session. Section III. Duties of the President. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient ; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them with re- spect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambassa- dors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Section IV. Impeachment. The President, Vice-President, and all civil officers of the United States shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors. ARTICLE III. JUDICIAL DEPARTMENT. 1 Section I. United States Courts. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices dur- ing good behaviour, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. 1 Compare Art. III. with the first three paragraphs of Confed. Art. IX. THE CONSTITUTION. 311 Section II. Jurisdiction of the United States Courts. i The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public minis- ters, and consuls ; to all cases of admiralty and maritime juris- diction ; to controversies to which the United States shall be a party; to controversies between two or more States ; between a State and citizens of another State ; between citizens of differ- ent States ; between citizens of the same State claiming lands under grants of different States, and between a State, or the citi- zens thereof, and foreign States, citizens, or subjects. 1 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Su- preme Court shall have original jurisdiction. In all the other cases before mentioned the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed ; but when not com- mitted within any State, the trial shall be at such place or places as the Congress may by law have directed. Section III. Treason. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act. or on confession in open court. 2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted. ARTICLE IV. THE STATES AND THE FEDERAL GOVERN- Section I. State Records. Full faith and credit shall be given in each State to the pubh'o 1 This clause has been amended. See Amendments, Art. XI. Compare Art. IV. with Confed Art. IV. 312 APPENDIX B. 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 thereof. Section II. Privileges of Citizens, etc. 1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. 2. 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 crime. 3. No person held to service or labour in one State, under the laws thereof, escaping into another, shall, in 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. 1 Section III. New States and Territories. 9 1. New States may be admitted by the Congress into this Union ; but no new State shall be formed or erected within the jurisdiction 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 legislatures of the States concerned as well as of the Congress. 2. 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 IV. Guarantee to the States. 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 domestic violence. 1 This clause has been cancelled by Amendment XIII., which abol- ishes slavery. 3 Compare iii. with Confed. Art. XL THE CONSTITUTION. 313 ARTICLE V. POWER OF AMENDMENT. 1 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 pro- posed by the Congress, provided that no amendments 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, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. PUBLIC DEBT, SUPREMACY OF THE CONSTI- TUTION, OATH OF OFFICE, RELIGIOUS TEST. 1. 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 confedera- tion. 8 2. 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 in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. 8. The Senators and Representatives before mentioned, and the members 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. 8 ARTICLE VII. RATIFICATION OF THE CONSTITUTION. The ratification of the conventions of nine States shall be 1 Compare Art. V. with Confed. Art. XIII. 2 Compare clause I with Confed. Art. XII. 8 Compare clauses 2 and 3 with Confed. Art. XIII. and addendum, "And whereas," etc. 814 APPENDIX B. sufficient for the establishment of this Constitution between the States so ratifying the same. Done in convention by the unanimous consent of the States present, 1 the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America the twelfth. In witness whereof, we have hereunto sub- scribed our names. George Washington, President, and Deputy from VIRGINIA. NEW HAMPSHIRE John Langdon, Nicholas Gilman. MASSACHUSETTS Nathaniel Gorham, Rufus King. CONNECTICUT William Samuel Johnson, Roger Sherman. NEW YORK Alexander Hamilton. NEW JERSEY William Livingston, David Brearly, William Patterson, Jonathan Dayton. PENNSYLVANIA Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, Gouverneur Morris. DELAWARE George Read, Gunning Bedford, Jr., John Dick- inson, Richard Bassett, Jacob Broom. MARYLAND James McHenry, Daniel of St. Thomas Jenifer, Daniel Carroll. VIRGINIA John Blair, James Madison, Jr. NORTH CAROLINA William Blount, Richard Dobbs Spaight, Hugh Williamson. SOUTH CAROLINA John Rutledge, Charles Cotesworth 1'inck- ney, Charles Pinckney, Pierce Butler. GEORGIA William Few, Abraham Baldwin. Attest : William Jackson, Secretary. AMENDMENTS. 8 ARTICLE I. Congress shall make no law respecting an establishment ot religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people 1 Rhode Island sent no delegates to the Federal Convention. * Amendments I. to X. were proposed by Congress, Sept. 25, 1788^ and declared in force Dec. 15. 1791. THE CONSTITUTION. 315 peaceably to assemble, and to petition the government for a redress of grievances. ARTICLE II. A well-regulated militia being necessary to the security of a Iree state, the .right of the people to keep and bear arms shall not be infringed. ARTICLE III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. ARTICLE IV. 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 prob- able cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in 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 de- prived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use without just compensation. ARTICLE VI. 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 com- pulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence. ARTICLE VII. In suits at common law, where the value in controversy shall 316 APPENDIX B. exceed twenty dollars, the right of trial by jury shall be pre- served, and no fact tried by a jury shall be otherwise reexam- ined in any court of the United States, than according to the rules of the common law. ARTICLE VIII. Excessive bail shall not be required, nor excessive fines im- posed, nor cruel and unusual punishments inflicted. ARTICLE IX. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. ARTICLE X. 1 The powers not delegated to the United States by the Con- stitution, nor prohibited by it to the States, are reserved to the States respectively or to the people. ARTICLE XI. a The judicial power of the United States shall not be con- strued 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. ARTICLE XII. 1 1. 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 them- selves ; 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 1 Compare Amendment X. with Confed. Art II. 2 Proposed by Congress March 5, 1794, and declared in force Jan, 8, 1798. 8 Proposed by Congress Dec. 12, 1803, and declared in force Sept. 25,1804. THE CONSTITUTION. 317 votes shall then be counted. The person having the greatest number of votes for President 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 hav- ing 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 represen- tation from each State having one vote ; a quorum for this pur- pose 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. 2. The person having the greatest number of votes as Vice- President shall be the Vice-President, if such number be a ma- jority of the whole number of 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 neces- sary to a choice. 3. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ARTICLE XIII. 1 1. 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 jurisdiction. 2. Congress shall have power to enforce this article by appro- priate legislation. ARTICLE XIV. 2 1. All persons born or naturalized in the United States, and 1 Proposed by Congress Feb. 1, 1865, and declared in force Dec. 18, 1865. 2 Proposed by Congress June 16. 1866, and declared in force July 28, 1868. 318 APPENDIX B. 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 jurisdic- tion the equal protection of the laws. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number 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 in 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 in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. 3. No person shall be a Senator or Representative in Con- gress, 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 Constitution 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 disability. 4. The validity of the public debt of the United States, au- thorized by law, including debts incurred for payment of pen- sions 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 emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. THE CONSTITUTION. 319 ARTICLE XV. 1 1. 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, colour, or previous condition of servitude. 2. The Congress shall have power to enforce this article by appropriate legislation. FRANKLIN'S SPEECH ON THE LAST DAY OF THE CONSTITUTIONAL CONVENTION/ MONDAY, September 1 7. In Convention The engrossed Constitution being read, Doctor Franklin rose with a speech in his hand, which he had reduced to writing for his own con- venience, and which Mr. Wilson read in the words following: "MR. PRESIDENT: I confess that there are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them. For, having lived long, I have experienced many instances of being obliged by better informa- tion, or fuller consideration, to change opinions even on impor- tant subjects which I once thought right, but found to bo otherwise. It is therefore that, the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others. Most men, indeed, as well as most sects in religion, think themselves in possession of all truth, and that wherever others differ from them it is so far error. Steele, a Protestant, in a dedication tells the Pope that the only differ- ence between our churches, in their opinions of the certainty of their doctrines, is, ' the Church of Rome is infallible, and the Church of England is never in the wrong. ' But though many private persons think almost as highly of their own infallibility as of that of their sect, few express it so naturally as a certain French lady who, in a dispute with her sister, said, ' I don't know how it happens, sister, but I meet with nobody but myself that is always in the right il n'y a que moi qui a toujours raison.' In these sentiments, sir, I agree to this Constitution, with all its 1 Proposed by Congress Feb. 26, 1869, and declared in force March 30, 1870. 8 From Madison's Journal, in Eliot's Debates, rol. v. p. 554. 320 APPENDIX B. faults, if they are such, because I think a General Government necessary for us, and there is no form of government but what may be a blessing to the people if well administered; and believe further, that this is likely to be well administered for a course of years, and can only end in despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic government, being incapable of any other. I doubt, too, whether any other Convention we can obtain may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It, therefore, astonishes me, sir, to find this sys- tem approaching so near to perfection as it does: and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded, like those of the builders of Babel, and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats. Thus I consent, sir, to this Constitution because I expect no bet- ter, and because I am not sure that it is not the best. The opin- ions I have had of its errors I sacrifice to the public good. I have never whispered a syllable of them abroad. Within these walls they were born and here they shall die. If every one of us, in returning to our constituents, were to report the objections he has had to it, and endeavour to gain partisans in support of them, we might prevent its being generally received, and thereby lose all the salutary effects and great advantages resulting naturally in our favour among foreign nations as well as among ourselves, from our real or apparent unanimity. Much of the strength and efficiency of any government, in procuring and securing happiness to the people, depends on opinion on the general opinion of the goodness of the government as well as of the wis- dom and integrity of its governors. I hope, therefore, that for our own sakes, as a part of the people, and for the sake of pos- terity, we shall act heartily and unanimously in recommending this Constitution (if approved by Congress and confirmed by the Conventions) wherever our influence may extend, and turn our future thoughts and endeavours to the means of having it well administered. On the whole, sir, I cannot help expressing a wish that every member of the Convention who may still have objections to it would, with me, on this occasion doubt a little of THE CONSTITUTION. 321 his own infallibility, and, to make manifest our unanimity, put his name to this instrument." He then moved that the Constitution be signed by the mem- bers, and offered the following as a convenient form, viz. : " Done in Convention by the unanimous consent of the States present the seventeenth of September, etc. In witness whereof we have hereunto subscribed our names." This ambiguous form had been drawn up by Mr. Gouverneur Morris, in order to gain the dissenting members, and put into the hands of Doctor Franklin, that it might have the better chance of success. [Considerable discussion followed, Randolph and Gerry stating their reasons for refusing to sign the Constitution. Mr. Hamil- ton expressed his anxiety that every member should sign. A few characters of consequence, he said, by opposing or even re- fusing to sign the Constitution, might do infinite mischief by kindling the latent sparks that lurk under an enthusiasm in favour of the Convention which may soon subside. No man's ideas were more remote from the plan than his own were known to be; but is it possible to deliberate between anarchy and con- vulsion on one side, and the chance of good to be expected from the plan on the other? This discussion concluded, the Convention voted that its journal and other papers should be retained by the President, subject to the order of Congress.] The members then proceeded to sign the Constitution as finally amended. The Constitution being signed by all the members except Mr. Randolph, Mr. Mason, and Mr. Gerry, who declined giving it the sanction of their names, the Convention dissolved itself by an adjournment sine die. Whilst the last members were signing, Doctor Franklin, look- ing towards the President's chair, at the back of which a rising sun happened to be painted, observed to a few members near him that painters had found it difficult to distinguish in their art a rising from a setting sun. I have, said he, often and often, in the course of the session, and the vicissitudes of my hopes and fears as to its issue, looked at that behind the President without being able to tell whether it was rising or setting ; but now, at length, I have the happiness to know that it is a rising, and not a setting, sun. 322 APPENDIX C. APPENDIX C. MAGNA CHARTA,i OR THE GREAT CHARTER OF KING JOHN, GRANTED JUNE 15, A. D. 1215. JOHN, by the Grace of God, King of England, Lord of Ire- land, Duke of Normandy, Aquitaine, and Count of Anjou, to his Archbishops, Bishops, Abbots, Earls, Barons, Justiciaries, For- esters, Sheriffs, Governors, Officers, and to all Bailiffs, and his faithful subjects, greeting. Know ye, that we, in the presence of God, and for the salvation of our soul, and the souls of all our ancestors and heirs, and unto the honour of God and the advancement of Holy Church, and amendment of our Realm, by advice of our venerable Fathers, Stephen, Archbishop of Canterbury, Primate of all England and Cardinal of the Holy Roman Church : Henry, Archbishop of Dublin ; William, of London ; Peter, of Winchester ; Jocelin of Bath and Glaston- bury ; Hugh, of Lincoln ; Walter, of Worcester ; William, of Coventry : Benedict, of Rochester Bishops : of Master Pan- dulph, Sub-Deacon and Familiar of our Lord the Pope ; Brother Aymeric, Master of the Knights- Templars in England ; and of the noble Persons, William Marescall, Earl of Pembroke ; Wil- liam, Earl of Salisbury ; William, Earl of Warren ; William, Earl of Arundel; Alan de Galloway, Constable of Scotland; Warin FitzGerald, Peter FitzHerbert, and Hubert de Burgh, Seneschal of Poitou; Hugh de Neville, Matthew FitzHerbert, Thomas Basset, Alan Basset, Philip of Albiney, Robert de Rop- pell, John Mareschal, John FitzHu^h, and others, our liegemen, have, in the first place, granted to God, and by this our present Charter confirmed, for us and our heirs for ever: 1. That the Church of England shall be free, and have her whole rights, and her liberties inviolable ; and we will have them so observed, that it may appear thence that the freedom of elections, which is reckoned chief and indispensable to the English Church, and which we granted and confirmed by our Charter, and obtained the confirmation of the same from our Lord the Pope Innocent III., before the discord between us and our barons, was granted of mere free will ; which Charter we 1 I have, by permission, reproduced the Old South Leaflet, wit' its notes, etc., in full. MAGNA CHART A. shall observe, and we do will it to be faithfully observed by our heirs for ever. 2. We also have granted to all the freemen of our kingdom, for us and for our heirs for ever, all the underwritten liberties, to be had and holden by them and their heirs, of us and our heirs for ever : If any of our earls, or barons, or others, who hold of us in chief by military service, shall die, and at the time of his death his heir shall be of full age, and owe a relief, he shall have his inheritance by the ancient relief that is to say, the heir or heirs of an earl, for a whole earldom, by a hundred pounds ; the heir or heirs of a baron, for a whole barony, by a hundred pounds ; the heir or heirs of a knight, for a whole knight's fee, by a hundred shillings at most ; and whoever oweth less shall give less, according to the ancient custom of fees. 3. But if the heir of any such shall be under age, and shall be in ward, when he comes of age he shall have his inheritance without relief and without fine. 4. The keeper of the land of such an heir being under age, shall take of the land of the heir none but reasonable issues, reasonable customs, and reasonable services, and that without destruction and waste of his men and his goods ; and if we commit the custody of any such lands to the sheriff, or any other who is answerable to us for the issues of the land, and he shall make destruction and waste of the lands which he hath in custody, we will take of him amends, and the land shall be committed to two lawful and discreet men of that fee, who shall answer for the issues to us, or to him to whom we shall assign them ; and if we sell or give to any one the custody of any such lands, and he therein make destruction or waste, he shall lose the same custody, which shall be committed to two lawful and discreet men of that fee, who shall in like manner answer to us as aforesaid. 5. But the keeper, so long as he shall have the custody of the land, shall keep up the houses, parks, warrens, ponds, mills, and other things pertaining to the land, out of the issues of the same land ; and shall deliver to the heir, when he comes of full age, his whole land, stocked with ploughs and carriages, according as the time of wainage shall require, and the issues of the land can reasonably bear. 6. Heirs shall be married without disparagement, and so that before matrimony shall be contracted, those who are pear ip, blood to the heir shall have notice. 324 APPENDIX C. I. A widow, after the death of her husband, shall forthwith and without difficulty have her marriage and inheritance; nor shall she give anything for her dower, or her marriage, or her inheritance, which her husband and she held at the day of his death; and she may remain in the mansion house of her hus- band forty days after his death, within which time her dower shall be assigned. 8. No widow shall be distrained to marry herself, so long as she has a mind to live without a husband ; but yet she shall give security that she will not marry without our assent, if she hold of us ; or without the consent of the lord of whom she holds, if she hold of another. 9. Neither we nor our bailiffs shall seize any land or rent for any debt so long as the chattels of the debtor are sufficient to pay the debt ; nor shall the sureties of the debtor be distrained so long as the principal debtor has sufficient to pay the debt ; and if the principal debtor shall fail in the payment of the debt, not having wherewithal to pay it, then the sureties shall answer the debt ; and if they will they shall have the lands and rents of the debtor, until they shall be satisfied for the debt which they paid for him, unless the principal debtor can show himself ac- quitted thereof against the said sureties. 10. If any one have borrowed anything of the Jews, more or less, and die before the debt be satisfied, there shall be no inter- est paid for that debt, so long as the heir is under age, of whom- soever he may hold ; and if the debt falls into our hands, we will only take the chattel mentioned in the deed. II. And if any one shall die indebted to the Jews, his wife shall have her dower and pay nothing of that debt ; and if the deceased left children under age, they shall have necessaries provided for them, according to the tenement of the deceased ; and out of the residue the debt shall be paid, saving, however, the service due to the lords, and in like manner shall it be done touching debts due to others than the Jews. 12. No sculage or aid 1 shall be imposed in our kingdom, unless by the general council of our kingdom ; except for ransoming our person, making our eldest son a knight, and once for marrying 1 In the time of the feudal system scutage was a direct tax in com- mutation for military service ; aids were direct taxes paid by the tenant to his lord for ransoming his person if taken captive, and for helping defray the expenses of knighting his eldest son and marrying his eldest daughter. MAQNA CHARTA. 825 our eldest daughter ; and for these there shall be paid no more than a reasonable aid. In like manner it shall be concerning the aids of the City of London. 13. And the City of London shall have all its ancient liberties and free customs, as well by land as by water : furthermore, we will and grant that all other cities and boroughs, and towns and ports, shall have all their liberties and free customs. 14. And for holding the general council of the kingdom con- cerning the assessment of aids, except in the three cases aforesaid, and for the assessing of scutages, we shall cause to be summoned the archbishops, bishops, abbots, earls, and greater barons of the realm, singly by our letters. And furthermore, we shall cause to be sum- moned generally, by our sheriff's and bailiff's, all others who hold of us in chief, for a certain day, that is to say, forty days before their meeting at least, and to a certain place ; and in all letters of such summons we will declare the cause of such summons. And sum- mons being thus made, the business shall proceed on the day ap- pointed, according to the advice of such as shall be present, although all that were summoned come not. 15. We will not for the future grant to any one that he may take aid of his own free tenants, unless to ransom his body, and to make his eldest son a knight, and once to marry his eldest daughter ; and for this there shall be only paid a reason- able aid. 16. No man shall be distrained to perform more service for a knight's fee, or other free tenement, than is due from thence. 17. Common pleas shall not follow our court, but shall be holden in some place certain. 18. Trials upon the Writs of Novel Disseisin, 1 and of Mort d'ancestor, 2 and of Darrein Presentment, 8 shall not be taken but in their proper counties, and after this manner : We, or if we should be out of the realm, our chief justiciary, will send two justiciaries through every county four times a year, who, with four knights of each county, chosen by the county, shall hold the said assizes 4 in the county, on the day, and at the place appointed. 1 Dispossession. 3 Death of the ancestor ; that is, in cases of disputed succession to land. 8 Last presentation to a benefice. 4 The word Assize here means "an assembly of knights or other substantial persons, held at a certain time and place where they sit 326 APPENDIX C. 19. And if any matters cannot be determined on the day ap- pointed for holding the assizes in each county, so many of the knights and freeholders as have been at the assizes aforesaid shall stay to decide them as is necessary, according as there is more or less business. 20. A freeman shall not be amerced for a small offence, but only according to the degree of the offence ; and for a great crime according to the heinousness of it, saving to him his con- tenement ; l and after the same manner a merchant, saving to him his merchandise. And a villein shall be amerced after the same manner, saving to him his wainage, if he falls under our mercy ; and none of the aforesaid amerciaments shall be assessed but by the oath of honest men in the neighbourhood. 21. Earls and barons shall not be amerced but by their peers, and after the degree of the offence. 22. No ecclesiastical person shall be amerced for his lay tenement, but according to the proportion of the others afore- said, and not according to the value of his ecclesiastical bene- fice. 23. Neither a town nor any tenant shall be distrained to make bridges or embankments, unless that anciently and of right they are bound to do it. 24. No sheriff, constable, coroner, or other our bailiffs, shall hold " Pleas of the Crown." 2 25. All counties, hundreds, wapentakes, and trethings, shall stand at the old rents, without any increase, except in our demesne manors. 26. If any one holding of us a lay fee die, and the sheriff, or our bailiffs, show our letters patent of summons for debt which the dead man did owe to us, it shall be lawful for the sheriff or our bailiff to attach and register the chattels of the dead, found upon his lay fee, to the amount of the debt, by the view of law- ful men, so as nothing be removed until our whole clear debt be paid ; and the rest shall be left to the executors to fulfil the tes- tament of the dead ; and if there be nothing due from him to with the Justice. ' Assisa ' or ' Assize ' is also taken for the court, place, or time at which the writs of Assize are taken." Thompson's Notes. 1 " That by which a person subsists and which is essential to his rank in life." 3 These are suits conducted in the name of the Crown against crim- inal offenders. MAGNA CHART A. 327 ns, all the chattels shall go to the use of the dead, saving to his wife and children their reasonable shares. 1 27. If any freeman shall die intestate, his chattels shall be distributed by the hands of his nearest relations and friends, by view of the Church, saving to every one his debts which the deceased owed to him. 28. No constable or bailiff of ours shall take corn or other chattels of any man unless he presently give him money for it, or hath respite of payment by the good-will of the seller. 29. No constable shall distrain any knight to give money for castle-guard, if he himself will do it in his person, or by another able man, in case he cannot do it through any reasonable cause. And if we have carried or sent him into the army, he shall be free from such guard for the time he shall be in the army by our command. 30. No sheriff or bailiff of ours, or any other, shall take horses or carts of any freeman for carriage, without the assent of the said freeman. 31. Neither shall we nor our bailiffs take any man's timber for our castles or other uses, unless by the consent of the owner of the timber. 32. We will retain the lands of those convicted of felony only one year and a day, and then they shall be delivered to the lord of the fee. 2 33. All kydells 8 (wears) for the time to come shall be put down in the rivers of Thames and Medway, and throughout all England, except upon the sea-coast. 1 A person's goods were divided into three parts, of which one went to his wife, another to his heirs, and a third lie was at liberty to dis- pose of. If he had no child, his widow had half ; and if he had chil- dren, but no wife, half was divided amongst them. These several sums were called " reasonable shares." Through the testamentary jurisdiction they gradually acquired, the clergy often contrived to get into their own hands all the residue of the estate without paying the debts of the estate. 2 All forfeiture for felony has been abolished by the 33 and 34 Vic., C. 23. It seems to have originated in the destruction of the felon's property being part of the sentence, and this "waste" being com- muted for temporary possession by the Crown. 8 The purport of this was to prevent inclosures of common prop- erty, or committing a " Purpresture." These wears are now called " kettles " or " kettle-nets " in Kent and Cornwall. APPENDIX C. 34. The writ which is called prcecipe, for the future, shall not be made out to any one, of any tenement, whereby a freeman may lose his court. 35. There shall be one measure of wine and one of ale through our whole realm ; and one measure of corn, that is to say, the London quarter; and one breadth of dyed cloth, and russets, and haberjeets, that is to say, two ells within the lists ; and it shall be of weights as it is of measures. 36. Nothing from henceforth shall be given or taken for a writ of inquisition of life or limb, but it shall be granted freely, and not denied. 1 37. If any do hold of us by fee-farm, or by socage, or by bur- gage, and he hold also lands of any other by knight's service, we will not have the custody of the heir or land, which is holden of another man's fee by reason of that fee-farm, socage, 2 or bur- gage ; neither will we have the custody of the fee- farm, or socage, or burgage, unless knight's service was due to us out of the same fee-farm. We will not have the custody of an heir, nor of any land which he holds of another by knight's service, by reason of any petty serjeanty 8 by which he holds of us, by the service of paying a knife, an arrow, or the like. 38. No bailiff from henceforth shall put any man to his law 4 upon his own bare saying, without credible witnesses to prove it. 39. No freeman shall be taken or imprisoned, or disseised, or outlawed, or banished, or any ways destroyed, nor will we pass upon him, nor will we send upon him, unless by the lawful judg- ment of his peers, or by the law of the land. 40. We will sell to no man, we will not deny to any man, either justice or right. 41. All merchants shall have safe and secure conduct, to go 1 This important writ, or " writ concerning hatred and malice,** may have been the prototype of the writ of habeas corpus, and was granted for a similar purpose. 2 "Socage" signifies lands held by tenure of performing certain inferior offices in husbandry, probably from the old French word soc, a plough-share. 3 The tenure of giving the king some small weapon of war in acknowledgment of lands held. 4 Equivalent to putting him to his oath. This allndes to the Wager of Law, hy which a defendant and his eleven supporters or "compurgators" could swear to his non-liability, and this amounted to a verdict in his favour. MAGNA CHART A. out of, and to come into England, and to stay there and to pass as well by land as by water, for buying and selling by the ancient and allowed customs, without any unjust tolls; except in time of war, or when they are of any nation at war with us. And if there be found any such in our land, in the beginning of the war, they shall be attached, without damage to their bodies or goods, until it be known unto us, or our chief justiciary, how our merchants be treated in the nation at war with us ; and if ours be safe there, the others shall be safe in our dominions. 42. It shall be lawful, for the time to come, for any one to go out of our kingdom, and return safely and securely by land or by water, saving his allegiance to us; unless in time of war, by some short space, for the common benefit of the realm, except prisoners and outlaws, according to the law of the land, and people in war with us, and merchants who shall be treated as is above mentioned. 1 43. If any man hold of any escheat, 8 as of the honour of Wal- lingford, Nottingham, Boulogne, Lancaster, or of other escheats which be in our hands, and are baronies, and die, his heir shall give no other relief, and perform no other service to us than he would to the baron, if it were in the baron's hand ; and we will hold it after the same manner as the baron held it. 44. Those men who dwell without the forest from henceforth shall not come before our justiciaries of the forest, upon com- mon summons, br.t such as are impleaded, or are sureties for any that are attached for something concerning the forest. 8 45. We will not make any justices, constables, sheriffs, or bailiffs, but of such as know the law of the realm and mean duly to observe it. 46. All barons who have founded abbeys, which they hold by charter from the kings of England, or by ancient tenure, shall have the keeping of them, when vacant, as they ought to have. 1 The Crown has still technically the power of confining subjects within the kingdom by the writ " ne exeat regno," though the use of the writ is rarely resorted to. 2 The word escheat is derived from the French escheoir, to return or happen, and signifies the return of an estate to a lord, either on failure of tenant's issue or on his committing felony. The abolition of feudal tenures by the Act of Charles II. (12 Charles II. c. 24) rendered obsolete this part and many other parts of the Charter. 8 The laws for regulating the royal forests, and administering jus- tice in respect of offences committed in their precincts, formed a large part of the law. 830 APPENDIX C. 47. All forests that have been made forests in our time shall forthwith be disforested ; and the same shall be done with the water-banks that have been fenced in by us in our time. 48. All evil customs concerning forests, warrens, foresters, and warreners, sheriffs and their officers, water-banks and their keepers, shall forthwith be inquired into in each county, by twelve sworn knights of the same county, chosen by creditable persons of the same county; and within forty days after the said inquest be utterly abolished, so as never to be restored : so as we are first acquainted therewith, or our justiciary, if we should not be in England. 49. We will immediately give up all hostages and charters delivered unto us by our English subjects, as securities for their keeping the peace, and yielding us faithful service. 50. We will entirely remove from their bailiwicks the rela- tions of Gerard de Atheyes, so that for the future they shall have no bailiwick in England; we will also remove Engelard de Cygony, Andrew, Peter, and Gyon, from the Chancery; Gyon de Cygony, Geoffrey de Martyn, and his brothers; Philip Hark, and his brothers, and his nephew, Geoffrey, and their whole retinue. 51. As soon as peace is restored, we will send out of the kingdom all foreign knights, cross-bowmen, and stipendiaries, who are come with horses and arms to the molestation of our people. 52. If any one has been dispossessed or deprived by us, with- out the lawful judgment of his peers, of his lands, castles, liber- ties, or right, we will forthwith restore them to him ; and if any dispute arise upon this head, let the matter be decided by the five-and-twenty barons hereafter mentioned, for the preservation of the peace. And for all those things of which any person has, without the lawful judgment of his peers, been dispossessed or deprived, either by our father King Henry, or our brother King Richard, and which we have in our hands, or are possessed by others, and we are bound to warrant and make good, we shall have a respite till the term usually allowed the crusaders ; ex- cepting those things about which there is a plea depending, or whereof an inquest hath been made, by our order before we , undertook the crusade ; but as soon as we return from our expe- dition, or if perchance we tarry at home and do not make our expedition, we will immediately cause full justice to be adminis- tered therein. MAGNA CHART A. 331 53. The same respite we shall have, and in the same manner, about administering justice, disafforesting or letting continue the forests, which Henry our father, and our brother Richard, have afforested ; and the same concerning the wardship of the lands which are in another's fee, but the wardship of which we have hitherto had, by reason of a fee held of us by knight's ser- vice ; and for the abbeys founded in any other fee than our own, in which the lord of the fee says he has a right ; and when we return from our expedition, or if we tarry at home, and do not make our expedition, we will immediately do full justice to all the complainants in this behalf. 54. No man shall be taken or imprisoned upon the appeal 1 of a woman, for the death of any other than her husband. 55. All unjust and illegal fines made by us, and all amercia- ments imposed unjustly and contrary to the law of the land, shall be entirely given up, or else be left to the decision of the five-and-twenty barons hereafter mentioned for the preservation of the peace, or of the major part of them, together with the aforesaid Stephen, Archbishop of Canterbury, if he can be pres- ent, and others whom he shall think fit to invite ; and if he can- not be present, the business shall notwithstanding go on without him ; but so that if one or more of the aforesaid five-and-twenty barons be plaintiffs in the same cause, they shall be set aside as to what concerns this particular affair, and others be chosen in their room, out of the said five-and-twenty, and sworn by the rest to decide the matter. 56. If we have disseised or dispossessed the Welsh of any lands, liberties, or other things, without the legal judgment of their peers, either in England or in Wales, they shall be imme- diately restored to them ; and if any dispute arise upon this head, the matter shall be determined in the Marches by the judgment of their peers ; for tenements in England according to the law of England, for tenements in Wales according to the law of Wales, for tenements of the Marches according to the law of the Marches : the same shall the Welsh do to us and our subjects. 1 An Appeal here means an " accusation." The appeal here men- tioned was a suit for a penalty in which the plaintiff was a relation who had suffered through a murder or manslaughter. One of the in- cidents of this " Appeal of Death " was the Trial by Battle. These Appeals and Trial by Battle were not abolished before the passing of the Act 59 Geo. III., c. 46. 882 APPENDIX. C. 57. As for all those things of which a Welshman hath, with- out the lawful judgment of his peers, been disseised or deprived of by King Henry our father, or our brother King Richard, and which we either have in our hands or others are possessed of, and we are obliged to warrant it, we shall have a respite till the time generally allowed the crusaders ; excepting those things about which a suit is depending, or whereof an inquest has been made by our order, before we undertook the crusade : but when we return, or if we stay at home without perform- ing our expedition, we will immediately do them full justice, according to the laws of the Welsh and of the parts before mentioned. 58. We will without delay dismiss the son of Llewellin, and all the Welsh hostages, and release them from the engagements they have entered into with us for the preservation of the peace. 59. We will treat with Alexander, King of Scots, concerning the restoring his sisters and hostages, and his right and liber- ties, in the same form and manner as we shall do to the rest of our barons of England ; unless by the charters which we have from his father, William, late King of Scots, it ought to be other- wise ; and this shall be left to the determination of his peers in our court. 60. All the aforesaid customs and liberties, which we have granted to be holden in our kingdom, as much as it belongs to us, all people of our kingdom, as well clergy as laity, shall ob- serve, as far as they are concerned, towards their dependents. 61. And whereas, for the honour of God and the amendment of our kingdom, and for the better quieting the discord that has arisen between us and our barons, we have granted all these things aforesaid ; willing to render them firm and lasting, we do give and grant our subjects the underwritten security, namely that the barons may choose five-and-twenty barons of the king- dom, whom they think convenient ; who shall take care, with all their might, to hold and observe, and cause to be observed, the peace and liberties we have granted them, and by this our present Charter confirmed in this manner ; that is to say, that if we, our justiciary, our bailiffs, or any of our officers, shall in any circumstance have failed in the performance of them to- wards any person, or shall have broken through any of these articles of peace and security, and the offence be notified to four barons chosen out of the five-and-twenty before mentioned. MAGNA CHARTA. 333 the said four barons shall repair to us, or our justiciary, if we are out of the realm, and, laying open the grievance, shall petition to have it redressed without delay: and if it be not re- dressed by us, or if we should chance to be out of the realm, if it should not be redressed by our justiciary within forty days, reckoning from the time it has been notified to us, or to our justiciary (if we should be out of the realm), the four barons aforesaid shall lay the cause before the rest of the five-and- twenty barons ; and the said five-and-twenty barons, together with the community of the whole kingdom, shall distrain and distress us in all the ways in which they shall be able, by seizing our castles, lands, possessions, and in any other manner they can, till the grievance is redressed, according to their pleasure ; saving harmless our own person, and the persons of our Queen and children ; and when it is redressed, they shall behave to us as before. And any person whatsoever in the kingdom may swear that he will obey the orders of the five-and- twenty barons aforesaid in the execution of the premises, and will distress us, jointly with them, to the utmost of his power ; and we give public and free liberty to any one that shall please to swear to this, and never will hinder any person from taking the same oath. 62. As for all those of our subjects who will not, of their own accord, swear to join the five-and-twenty barons in distrain- ing and distressing us, we will issue orders to make them take the same oath as aforesaid. And if any one of the five-and- twenty barons dies, or goeS out of the kingdom, or is hindered any other way from carrying the things aforesaid into execution, the rest of the said five-and-twenty barons may choose another in his room, at their discretion, who shall be sworn in like man- ner as the rest. In all things that are committed to the execution of these five-and-twenty barons, if, when they are all assembled together, they should happen to disagree about any matter, and some of them, when summoned, will not or cannot come, what- ever is agreed upon, or enjoined, by the major part of those that are present shall be reputed as firm and valid as if all the five-and-twenty had given their consent ; and the aforesaid five- and-twenty shall swear that all the premises they shall faithfully observe, and cause with all their power to be observed. And we will procure nothing from any one, by ourselves nor by another, whereby any of these concessions and liberties may be revoked or lessened ; and if any such thing shall have been ob- 884 APPENDIX. C. tained, let it be null and void ; neither will we ever make use ol it either by ourselves or any other. And all the ill-will, indig- nations, and rancours that have arisen between us and our sub- jects, of the clergy and laity, from the first breaking out of the dissensions between us, we do fully remit and forgive : moreover, all trespasses occasioned by the said dissensions, from Easter in the sixteenth year of our reign till the restoration of peace and tranquillity, we hereby entirely remit to all, both clergy and laity, and as far as in us lies do fully forgive. We have, moreover, caused to be made for them the letters patent testimonial of Stephen, Lord Archbishop of Canterbury, Henry, Lord Arch- bishop of Dublin, and the bishops aforesaid, as also of Master Pandulph, for the security and concessions aforesaid. 63. Wherefore we will and firmly enjoin, that the Church of England be free, and that all men in our kingdom have and hold all the aforesaid liberties, rights, and concessions, truly and peaceably, freely and quietly, fully and wholly to themselves and their heirs, of us and our heirs, in all things and places, for- ever, as is aforesaid. It is also sworn, as well on our part as on the part of the barons, that all the things aforesaid shall be observed in good faith, and without evil subtilty. Given under our hand, in the presence of the witnesses above named, and many others, in the meadow called Runingmede, between Windsor and Staiues, the 15th day of June, in the 17th year of our reign. The translation here given is that published in Sheldon Amos's work on The English Constitution. The translation given by Sir E. Creasy was chiefly followed in this, but it was collated with another accurate translation by Mr. Richard Thompson, accompanying his Historical Essay on Magna Charta, published in 1829, and also with the Latin text. "The explanation of the whole Charter," observes Mr. Amos, " must be sought chiefly in detailed accounts of the Feudal system in England, as explained in such works as those of Stubbs, Hallam, and Blackstone. The scattered notes here introduced havo only for their purpose to elucidate the most unusual and perplexing expressions. The Charter printed in the Statute Book is that issued in the ninth year of Henry III., which is also the ono specially con- firmed by the Charter of Edward I. The Charter of Henry III. dif- fers in some (generally) insignificant points from that of John. The most important difference is the omission in the later Charter of the 14th and 15th Articles of John's Charter, by which the King is re- Itricted from levying aids beyond. the three ordinary ones, without tbo MAGNA CHART A 335 assent of the ' Common Council of the Kingdom/ and provision is made for summoning it. This passage is restored by Edward I. Magna Charter has been solemnly confirmed upwards of thirty times." See the chapter on the Great Charter, in Green's History of the Eng- lish People. See also Stubbs's Documents Illustrative of English His- tory. " The whole of the constitutional history of England," says Stubbs, " is a commentary on this Charter, the illustration of which must be looked ioe in the documents that precede and follow." "COKFIRMATIO CHAETARUM" OF EDWARD I. 1297. I. Edward, by the grace of God, King of England, Lord of Ireland, and Duke Guyan, to all those that these present letters shall hear or see, greeting. Know ye that we, to the honour of God and of holy Church, and to the profit of our realm, have granted for. us and our heirs, that the Charter of Liberties and the Charter of the Forest, which were made by common assent of all the realm in the time of King Henry our father, shall be kept in every point without breach. And we will that the same Charters shall be sent under our seal as well to our justices of the forest as to others, and to all sheriffs of shires, and to all our other officers, and to all our cities throughout the realm, together with our writs in the which it shall be contained that they cause the foresaid Charters to be published, and to declare to the people that we have confirmed them in all points ; and that our justices, sheriffs, mayors, and other ministers, which under us have the laws of our land to guide, shall allow the said Charters pleaded before them in judgment in all their points ; that is to wit, the Great Charter as the common law, and the Charter of the Forest according to the assize of the Forest, for the wealth of our realm. II. And we will that if any judgment be given from hence- forth, contrary to the points of the Charters aforesaid, by the justices or by any other our ministers that hold plea before them against the points of the Charters, it shall be undone and holden for naught. III. And we will that the same Charters shall be sent under our seal to cathedral churches throughout our realm, there to remain, and shall be read before the people two times by the year. 336 APPENDIX C. IV. And that all archbishops and bishops shall pronounce tLe sentence of great excommunication against all those that by word, deed, or counsel do contrary to the foresaid Charters, or that in any point break or undo them. And that the said curses be twice a year denounced and published by the prelates afore- said. And if the prelates or any of them be remiss in the de- nunciation of the said sentences, the Archbishops of Canterbury and York for the time being, as is fitting, shall compel and dis- train them to make that denunciation in form aforesaid. V. And for so much as divers people of our realm are in fear that the aids and- tasks which they have given to us beforetirne towards our wars and other business, of their own grant and goodwill, howsoever they were made, might turn to a bondage to them and their heirs, because they might be at another time found in the rolls, and so likewise the prises taken throughout the realm by our ministers ; we have granted for us and our heirs, that we shall not draw such aids, tasks, nor prises into a custom, for anything that hath been done heretofore, or that may be found ly roll or in any other manner. VI. Moreover we have granted for us and our heirs, as well to archbishops, bishops, abbots, priors, and other folk of holy Church, as also to earls, barons, and to all the commonalty of the land, that for no business from henceforth will we take such manner of aids, tasks, nor prises but by the common consent of the realm, and for the common profit thereof, saving the ancient aids and prises due and accustomed. VII. And for so much as the more part of the commonalty of the realm find themselves sore grieved with the matelote of wools, that is to wit, a toll of forty shillings for every sack of wool, and have made petition to us to release the same ; we, at their re- quests, have clearly released it, and have granted for us and our heirs that we shall not take such thing nor any other without their common assent and goodwill ; saving to us and our heirs the custom of wools, skins, and leather, granted before by the commonalty aforesaid. In witness of which things we have caused these our letters to be made patents. Witness Edward our son, at London, the 10th day of October, the five-and- twentieth of our reign. And be it remembered that this same Charter, in the same terms, word for word, was sealed in Flanders under the King's Great Seal, that is to say, at Ghent, the 5th day of November, MAGNA CHART A. 331 In the 52th year of the reign of our aforesaid Lord the King, and sent into England. The words of this important document, from Professor Stubbs's translation, are given as the best explanation of the constitutional position and importance of the Charters of John and Henry III. See historical notice in Stubbs's Documents Illustrative of English History, p. 477. This is far the most important of the numerous ratifications of the Great Charter. Hallam calls it " that famous statute, inade- quately denominated the Confirmation of the Charters, because it added another pillar to our constitution, not less important than the Great Charter itself." It solemnly confirmed the two Charters, the Charter of the Forest (issued by Henry II. in 1217 see text in Stubbs, p. 338) being then considered as of equal importance with Magna Charta itself, establishing them in all points as the law of the land; but it did more. " Hitherto the king's prerogative of levying money by name of tallage or prise, from his towns and tenants in demesne, had passed unquestioned. Some impositions, that especially on the export of wool, affected all the king's subjects. It was now the mo- ment to enfranchise the people and give that security to private prop- erty which Magna Charta had given to personal liberty." Edward's statute binds the king never to take any of these " aids, tasks, and prises " in future, save by the common assent of the realm. Hence, as Bowen remarks, the Confirmation of the Charters, or an abstract of it under the form of a supposed statute de tallagio non concedendo (see Stubbs, p. 487), was more frequently cited than any other enact- ment by the parliamentary leaders who resisted the encroachments of Charles I. The original of the Confirmatio Chartarum, which is in Norman French, is still in existence, though considerably shriveled by the fire which damaged so many of the Cottonian manuscripts in 1731. THE GRANT OF THE GREAT CHARTER. " An island in the Thames between Staines and Windsor had been chosen as the place of conference : the King encamped on one bank, while the barons covered the marshy flat, still known by the name of Runnymede, on the other. Their delegates met in the island be- tween them, but the negotiations were a mere cloak to cover John's purpose of unconditional submission. The Great Charter was dis- cussed, agreed to, and signed in a single day. One copy of it still re- mains in the British Museum, injured by age and fire, but with the royal seal still hanging from the brown, shrivelled parchment. It is impossible to gaze without reverence on the earliest monument of English freedom which we can see with our own eyes and touch with our own hands, the great Charter to which from age to age patriots 338 APPENDIX C. have looked back as the basis of English liberty. Bat in itself the Charter was no novelty, nor did it claim to establish any new consti- tutional principles. The Charter of Henry the First formed the basis of the whole, and the additions to it are for the most part formal rec- ognitions of the judicial and administrative changes introduced by Henry the Second. But the vague expressions of the older charters were now exchanged for precise and elaborate provisions. The bonds of unwritten custom which the older grants did little more than rec- ognize had proved too weak to hold the Angevins ; and the baronage now threw them aside for the restraints of written law. It is in this way that the Great Charter marks the transition from the age of traditional rights, preserved in the nation's memory and officially de- clared by the Primate, to the age of written legislation, of Parlia- ments and Statutes, which was soon to come. The Church had shown its power of self-defence in the struggle over the interdict, and the clause which recognized its rights alone retained the older and gen- eral form. But all vagueness ceases when the Charter passes on to deal with the rights of Englishmen at large, their right to justice, to security of person and property, to good government. ' No free- man,' ran the memorable article that lies at the base of our whole judicial system, 'shall be seized or imprisoned, or dispossessed, or outlawed, or in any way brought to ruin ; we will not go against any man nor send against him, save by legal judgment of his peers or by the law of the land.' ' To no man will we sell,' runs another, ' or deny, or delay, right or justice.' The great reforms of the past reigns were now formally recognized; judges of assize were to hold their circuits four times in the year, and the Court of Common Pleas was no longer to follow the King in his wanderings over the realm, but to sit in a fixed place. But the denial of justice under John was a small danger compared with the lawless exactions both of himself and his predecessor. Richard had increased the amount of the scutage which Henry II. had introduced, and applied it to raise funds for his ran- som. He had restored the Danegeld, or land tax, so often abolished, under the new name of ' carucage,' had seized the wool of the Cis- tercians and the plate of the churches, and rated movables as well as land. John had again raised the rate of scutage, and imposed aids, fines, and ransoms at his pleasure without counsel of the baronage. The Great Charter met this abuse by the provision on which our con- stitutional system rests. With the exception of the three customary feudal aids which still remained to the crown, 'no scutage or aid shall be imposed in our realm save by the Common Council of the realm ; ' and to this Great Council it was provided that prelates and the greater barons should be summoned by special writ, and all ten- ants in chief through the sheriffs and bailiffs, at least forty days before. But it was less easy to provide means for the control of a King whom no man could trust, and a council of twenty-four barons A PART OF THE BILL OF RIGHTS. 339 was chosen from *he general body of their order to enforce on John the observance of the Charter, with the right of declaring war on the King should its provisions be infringed. Finally, the Charter was published throughout the whole country, and sworn to at every hun- dred-mote and town-mote by order from the King." Green's Short History of the English People, p. 123. APPENDIX D. A PART OF THE BILL OF RIGHTS. AN ACT FOR DECLARING THE RIGHTS AND LIBERTIES OF THE SUBJECT, AND SETTLING THE SUCCESSION OF THE CROWN. 1689. Whereas the Lords Spiritual and Temporal, and Commons, assembled at Westminster, lawfully, fully, and freely represent- ing all the estates of the people of this realm, did upon the thirteenth day of February, in the year of our Lord one thou- sand six hundred eighty-eight [o. s.], 1 present unto their Majes- ties, then called and known by the names and style of William and Mary, Prince and Princess of Orange, being present in their proper persons, a certain Declaration in writing, made by the said Lords and Commons, in the words following, viz.: Whereas the late King James II., by the assistance of divers evil counsellors, judges, and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion, and the laws and liberties of this kingdom: 1. By assuming and exercising a power of dispensing with and suspending of laws, and the execution of laws, without consent of Parliament. 2. By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power. 3. By issuing and causing to be executed a commission under the Great Seal for erecting a court, called the Court of Commis- sioners for Ecclesiastical Causes. 4. By levying money for and to the use of the Crown by pre- tence of prerogative, for other time and in other manner than the same was granted by Parliament. i In New Style Feb. 23, 1689. 340 APPENDIX D. 5. By raising and keeping a standing army within this dom in time of peace, without consent of Parliament, and quar- tering soldiers contrary to law. 6. By causing several good subjects, being Protestants, to be disarmed, at the same time when Papists were both armed and employed contrary to law. 7. By violating the freedom of election of members to serve in Parliament. 8. By prosecutions in the Court of King's Bench for matters and causes cognizable only in Parliament, and by divers other arbitrary and illegal causes. 9. And whereas of late years, partial, corrupt, and unqualified persons have been returned, and served on juries in trials, and particularly divers jurors in trials for high treason, which were not freeholders. 10. And excessive bail hath been required of persons commit- ted in criminal cases, to elude the benefit of the laws made for the liberty of the subjects. 11. And excessive fines have been imposed; and illegal and cruel punishments inflicted. 12. And several grants and promises made of fines and for- feitures before any conviction or judgment against the persons upon whom the same were to be levied. All which are utterly and directly contrary to the known laws and statutes, and freedom of this realm. And whereas the said late King James II. having abdicated the government, and the throne being thereby vacant, his High- ness the Prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords Spiritual and Temporal, and divers principal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal, being Protestants, and other letters to the sev- eral counties, cities, universities, boroughs, and cinque ports, for the choosing of such persons to represent them as were of right to be sent to Parliament, to meet and sit at Westminster upon the two-and-twentieth day of January, in this year one thousand six hundred eighty and eight, 1 in order to such an establishment, as that their religion, laws, and liberties might not again be in danger of being subverted; upon which letters elections have been accordingly made. And thereupon the said Lords Spiritual and Temporal, and 1 In New Style Feb. 1, 1689. A PART OF THE BILL OF RIGHTS. 341 Commons, pursuant to their respective letters and elections, being now assembled in a full and free representation of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties, declare: 1. That the pretended power of suspending of laws, or the execution of laws by regal authority, without consent of Parlia- ment, is illegal. 2. That the pretended power of dispensing with laws, or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal. 3. That the commission for erecting the late Court of Com- missioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious. 4. That levying money for or to the use of the Crown by pre- tense and prerogative, without grant of Parliament, for longer time or in other manner than the same is or shall be granted, is illegal. 1 5. That it is the right of the subjects to petition the King, and all commitments and prosecutions for such petitioning are illegal. 2 6. That the raising or keeping a standing army within the king- dom in time of peace, unless it be with consent of Parliament, is against law. 8 7. That the subjects which are Protestants may have arms for their defence suitable to their conditions, and as allowed by law.* 8. That election of members of Parliament ought to be free. 9. That the freedom of speech, and debates or proceedings in Parliament, ought not to be impeached or questioned in any court or place out of Parliament. 6 10. That excessive bail ought not to be required, nor excessive fines imposed ; nor cruel and unusual punishments inflicted. 6 11. That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders. 11 1 Compare this clause 4 with clauses 12 and 14 of Magna Charta, and with Art. I. vii. clause 1 of the Constitution of the United States. * Compare clause 5 with Amendment I. 8 Compare clause 6 with Amendment III. * Compare clause 7 with Amendment II. 6 Compare clause 9 with Constitution, Art. I. vi. clause 1. 6 Compare clause 10 with Amendment VIII. 7 Compare clause 1 1 with Amendments VI. and VII. 342 APPENDIX D. 12. That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void. 13. And that for redress of all grievances, and for the amend- ing, strengthening, and preserving of the laws, Parliament ought to be held frequently. And they do claim, demand, and insist upon all and singular the premises, as their undoubted rights and liberties; and that no declarations, judgments, doings or proceedings, to the preju- dice of the people in any of the said premises, ought in any wise to be drawn hereafter into consequence or example. To which demand of their rights they are particularly encour- aged by the declaration of his Highness the Prince of Orange, as being the only means for obtaining a full redress and remedy therein. Having therefore an entire confidence that his said Highness the Prince of Orange will perfect the deliverance so far ad- vanced by him, and will still preserve them from the violation of their rights, which they have here asserted, and from all other attempts upon their religion, rights, and liberties : II. The said Lords Spiritual and Temporal, and Commons, assembled at Westminster, do resolve, that William and Mary, Prince and Princess of Orange, be, and be declared, King and Queen of England, France, and Ireland, and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them the said Prince and Princess during their lives, and the life of the survivor of them; and that the sole and full exercise of the regal power be only in, and executed by, the said Prince of Orange, in the names of the said Prince and Princess, during their joint lives; and after their deceases, the said crown and royal dignity of the said kingdoms and dominions to be to the heirs of the body of the said Princess; and for default of such issue to the Princess Anne of Denmark, and the heirs of her body ; and for default of such issue to the heirs of the body of the said Prince of Orange. And the Lords Spiritual and Temporal, and Com- mons, do pray the said Prince and Princess to accept the same accordingly. The act goes on to declare that, their Majesties having ac- cepted the crown upon these terms, the " rights and liberties as- serted and claimed in the said declaration are the true, ancient, and indubitable rights and liberties of the people of this king- dom, and so shall be esteemed, allowed, adjudged, -deemed, and FUNDAMENTAL ORDERS OF CONNECTICUT. 343 taken to be, and that all and every the particulars aforesaid shall be firmly and strictly holden and observed, as they are ex- pressed in the said declaration; and all officers and ministers whatsoever shall serve their Majesties and their successors ac- cording to the same in all times to come." The act then declares that William and Mary " are and of right ought to be King and Queen of England, etc. ; and it goes on to regulate the succession after their deaths. " The passing of the Bill of Rights in 1689 restored to the monarchy the character which it had lost under the Tudors and the Stuarts. The right of the people through its representa- tives to depose the King, to change the order of succession, and to set on the throne whom they would, was now established. All claim of divine right, or hereditary right independent of the law, was formally put an end to by the election of William and Mary. Since their day no English sovereign has been able to advance any claim to the crown save a claim which rested on a particular clause in a particular Act of Parliament. William, Mary, and Anne were sovereigns simply by virtue of the Bill of Rights. George the First and his successors have been sover- eigns solely by virtue of the Act of Settlement. An English monarch is now as much the creature of an Act of Parliament as the pettiest tax-gatherer in his realm." Green's Short His- tory, p. 673. APPENDIX E. THE FUNDAMENTAL ORDERS OF CONNECTICUT. 1638(9). The first written constitution that created a government. FORASMUCH as it hath pleased the Allmighty God by the wise disposition of his diuyne p'uidence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harteford and Wethersfield are now cohabiting and dwelling in and vppon the River of Conectecotte and the Lands thereunto adioyneing ; And well knowing where a people are gathered to- gather the word of God requires that to mayntayne the peace and vnion of such a people there should be an orderly and de- 344 APPENDIX E. cent Gouennent established according to God, to order and dispose of the affayres of the people at all seasons as occation shall require ; doe therefore assotiate and conioyne our selues to be as one Publike State or Comonwelth ; and doe, for our selues and our Successors and such as shall be adioyned to vs att any tyme hereafter, enter into Combination and Confedera- tion togather, to mayntayne and p'searue the liberty and purity of the gospell of our Lord Jesus w* h we now p'fesse, as also the disciplyne of the Churches, w 1 * according to the truth of the said gospell is now practised amongst vs ; As also in o r Ciuell Affaires to be guided and gouerned according to such Lawes, Rules, Orders and decrees as shall be made, ordered & decreed, as f olloweth : 1. It is Ordered, sentenced and decreed, that there shall be yerely two generall Assemblies or Courts, the one the second thursday in Aprill, the other the second thursday in September, following ; the first shall be called the Courte of Election, wherein shall be yerely Chosen fro tyme to tyme soe many Magestrats and other publike Officers as shall be found requi- eitte : Whereof one to be chosen Gouernour for the yeare ensue- ing and vntill another be chosen, and noe other Magestrate to be chosen for more than one yeare ; p'uided allwayes there be sixe chosen besids the Gouernour ; w oh being chosen and sworne according to an Oath recorded for that purpose shall haue power to administer iustice according to the Lawes here established, and for want thereof according to the rule of the word of God ; w cb choise shall be made by all that are admitted freemen and haue taken the Oath of Fidellity, and doe cohabitte w tt in this Jurisdiction, (hauing beene admitted Inhabitants by the maior p't of the Towne wherein they Hue,) or the mayor p'te of such as shall be then p'sent. 2. It is Ordered, sentensed and decreed, that the Election of the aforesaid Magestrats shall be on this manner : euery p'son p'sent and quallined for choyse shall bring in (to the p'sons de- puted to receaue the) one single pap' w" 1 the name of him writ- ten in yt whom he desires to haue Gouernour, and he that hath the greatest nuber of papers shall be Gouernor for that yeare. And the rest of the Magestrats or publike Officers to be chosen in this manner : The Secretary for the tyme being shall first read the names of all that are to be put to choise and then shall seuerally nominate them distinctly, and euery one that would haue the p'son nominated to be chosen s=hall bring in one single FUNDAMENTAL ORDERS OF CONNECTICUT. 345 paper written vppon, and he that would not haue him chosen shall bring in a blanke : and euery one that hath more written papers then blanks shall be a Magistrat for that yeare; w oh pa- pers shall be receaued and told by one or more that shall be then chosen by the court and sworne to be faythfull therein ; but in case there should not be sixe chosen as aforesaid, besids the Gouernor, out of those w oh are nominated, then he or they w 1 * haue the most written pap r s shall be a Magestrate or Magestrats for the ensueing yeare, to make vp the foresaid nuber. 8. It is Ordered, sentenced and decreed, that the Secretary shall not nominate any p r son, nor shall any p'son be chosen newly into the Magestracy w ch was not p'pownded in some Gen- erall Courte before, to be nominated the next Election ; and to that end yt shall be lawfull for ech of the Townes aforesaid by their deputyes to nominate any two who they conceaue fitte to be put to election ; and the Courte may ad so many more as they iudge requisitt. 4. It is Ordered, sentenced and decreed that noe p'son be chosen Gouernor aboue once in two yeares, and that the Gou- ernor be always a meber of some approved congregation, and formerly of the Magestracy w th in this Jurisdiction ; and all the Magestrats Freemen of this Comonwelth : and that no Mages- trate or other publike officer shall execute any p'te of his or their Office before they are seuerally sworne, w ch shall be done in the face of the Courte if they be p'sent, and in case of ab- sence by some deputed for that purpose. 5. It is Ordered, sentenced and decreed, that to the afore- said Courte of Election the seu'all Townes shall send their deputyes, and when the Elections are ended they may p'ceed in any publike searuice as at other Courts. Also the other Generall Courte in September shall be for makeing of lawes, and any other publike occation, w ch conserns the good of the Comonwelth. 6. It is Ordered, sentenced and decreed, that the Gou'nor shall, ether by himselfe or by the secretary, send out sumons to the Constables of eu r Towne for the cauleing of these two standing Courts, on month at lest before their seu'all tymes : And also if the Gou'nor and the gretest p'te of the Magestrats see cause vppon any spetiall occation to call a generall Courte, they may giue order to the secretary soe to doe w th in fowerteene dayes warneing ; and if vrgent necessity so require, vppon a shorter notice, giueing sufficient grownds for yt to the deputyes 346 APPENDIX E. when they meete, or els be questioned for the same ; And if the Gou'nor and Mayor p'te of Magestrats shall ether neglect or refuse to call the two Generall standing Courts or ether of the, as also at other tymes when the occations of the Comonwelth require, the Freemen thereof, or the Mayor p'te of them, shall petition to them soe to doe : if then yt be ether denyed or neg- lected the said Freemen of -the Mayor p'te of them shall haue power to giue order to the Constables of the seuerall Townes to doe the same, and so may meete togather, and chuse to them- selues a Moderator, and may p'ceed to do any Acte of power, w" 11 any other Generall Courte may. 7. It is Ordered, sentenced and decreed that after there are warrants giuen out for any of the said Generall Courts, the Con- stable or Constables of ech Towne shall forthw 01 give notice dis- tinctly to the inhabitants of the same, in some Publike Assembly or by goeing or sending fro howse to howse, that at a place and tyme by him or them lymited and sett, they meet and assem- ble the selues togather to elect and chuse certen deputyes to be att the Generall Courte then following to agitate the afayres of the comonwelth ; w 1 * said Deputyes shall be chosen by all that are admitted Inhabitants in the seu'all Townes and haue taken the oath of fidellity; p'uided that non be chosen a Deputy for any Generall Courte w ob is not a Freeman of this Comon- welth. The foresaid deputyes shall be chosen in manner following : euery p'son that is p'sent and quallified as before exp'ssed, shall bring the names of such, written in seu'rall papers, as they desire to haue chosen for that Imployment. and these 3 or 4, more or lesse, being the niiber agreed on to be chosen for that tyme, that haue greatest nuber of papers written for the shall be deputyes for that Courte ; whose names shall be endorsed on the backe side of the warrant and returned into the Courte, w* the Con- stable or Constables hand vnto the same. 8. It is Ordered, sentenced and decreed, that Wyndsor, Hartford and Wethersfield shall haue power, ech Towne, to send fower of their freemen as deputyes to euery Generall Courte ; and whatsoeuer other Townes shall be hereafter added to this Jurisdiction, they shall send so many deputyes as the Courte shall judge meete, a resonable p'portion to the nuber of Freemen that are in the said Townes being to be attended there in ; w 4 * deputyes shall have the power of the whole Towne to giue their voats and alowance to all such lawes and orders as may FUNDAMENTAL ORDERS OF CONNECTICUT. 347 be for the publike good, and unto w oh the said Townes are to be bownd. 9. It is ordered and decreed, that the deputyes thus chosen shall haue power and liberty to appoynt a tyme and a place of meeting togather before any Generall Courte to aduise and con- sult of all such things as may concerne the good of the publike, as also to examine their owne Elections, whether according to the order, and if they or the gretest p'te of them find any election to be illegall they may seclud such for p'sent fro their meeting, and returne the same and their resons to the Courte ; and if yt proue true, the Courte may fyne the p r ty or p'tyes so intruding and the Towne, if they see cause, and giue out a warrant to goe to a newe election in a legall way, either in p'te or in whole. Also the said deputyes shall haue power to fyne any that shall be dis- orderly at their meetings, or for not coming in due tyme or place according to appoyntment ; and they may returne the said fynes into the Courte if yt be refused to be paid, and the tresurer to take notice of yt, and to estreete qr levy the same as he doth other fynes. 10, It is Ordered, sentenced and decreed, that euery Gen- erall Courte, except such as through neglecte of the Gou'nor and the greatest p r te of Magestrats the Freemen themselves doe call, shall consist of the Gouernor, or some one chosen to moderate the Court, and 4 other Magestrats at lest, w th the mayor p'te of the deputyes of the seuerall Townes legally chosen; and in case the Freemen or mayor p'te of the, through neglect or refusall of the Gouernor and mayor p'te of the magestrats, shall call a Courte, y' shall consist of the mayor p'te of Free- men that are p'sent or their deputyes, w th a Moderator chosen by the : In w oh said Generall Courts shall consist the supreme power of the Comonwelth, and they only shall haue power to make laws or repeale the, to graunt leuyes, to admitt of Free- men, dispose of lands vndisposed of, to seuerall Townes or p'sons, and also shall haue power to call ether Courte or Mages- trate or any other p'son whatsoeuer into question for any misde- meanour, and may for just causes displace or deale otherwise according to the nature of the offence ; and also may deale in any other matter that concerns the good of this comonwelth, excepte election of Magestrats, w ch shall be done by the whole boddy of Freemen. In w* 11 Courte the Gouernour or Moderator shall haue power to order the Courte to giue liberty of spech, and silence vnceason- 848 APPENDIX. E. able and disorderly speakeings, to put all things to voate, and in case the vote be equall to haue the casting voice. But non of these Courts shall be adiorned or dissolued w tb out the consent of the inaior p'te of the Court. 11. It is ordered, sentenced and decreed, that when any Generall Courte vppon the occations of the Comonwelth haue agreed vppon any sume or somes of mony to be leuyed vppon the seuerall Townes w th in this Jurisdiction, that a Comittee be chosen to sett out and appoynt w' shall be the p'portion of euery Towne to pay of the said leuy, p'vided the Comittees be made vp of an equall nuber out of each Towne. 14 th January, 1638, the 11 Orders abouesaid are voted. THE OATH OF THE GOU'NOR, FOR THE [P'SENT]. I Jft. i. being now chosen to be Gou'nor w^in this Jurisdic- tion, for the yeare ensueing, and vntil a new be chosen, doe sweare by the greate and dreadfull name of the everliueing God, to p'mote the publicke good and peace of the same, according to the best of my skill ; as also will mayntayne all lawfull priui- ledges of this Comonwealth ; as also that all wholesome lawes that are or shall be made by lawfull authority here established, be duly executed ; and will further the execution of Justice ac- cording to the rule of Gods word ; so helpe me God, in the name of the Lo : Jesus Christ. THE OATH OF A MAGESTRATE, FOR THE P*SENT. I, J&. U9. being chosen a Magestrate w tt in this Jurisdiction for the yeare ensueing, doe sweare by the great and dreadful! name of the euerliueing God, to p'mote the publike good and peace of the same, according to the best of my skill, and that I will mayntayne all the lawfull priuiledges thereof according to my vnderstanding, as also assist in the execution of all such wholsome lawes as are made or shall be made by lawfull author- ity heare established, and will further the execution of Justice for the tyme aforesaid according to the righteous rule of Gods word ; so helpe me God, etc. [Until 1752, the legal year in England began March 25 (Lady Pay), not January 1. All the days between January 1 and March 25 of the year which we now call 1639 were therefore then a part of the year 1638 ; so that the date of the Constitution is given by its own terms as 1638, instead of 1639.] STATES CLASSIFIED. 349 APPENDIX F. THE STATES CLASSIFIED ACCORDING TO ORIGIN. 1. The thirteen original states. 2. States formed directly from other states. Vermont from territory disputed between New York and New Hampshire, Kentucky from Virginia, Maine from Massachusetts, West Virginia from Virginia. 8, States from the Northwest Territory (see p. 253). Ohio, Michigan, Indiana, Wisconsin, Illinois, Minnesota, in part. 4. States from other territory ceded by states. Tennessee, ceded by North Carolina, Alabama, ceded by South Carolina and Georgia, Mississippi, ceded by South Carolina and Georgia. 5. States from the Louisiana purchase (see p. 253). Louisiana, North Dakota, Arkansas, South Dakota, Missouri, Montana, Kansas, Minnesota, in part, Nebraska, Wyoming, in part, Iowa, Colorado, in part. 6. States from Mexican cessions. California, Utah, Wyoming, in part, Nevada, Colorado, in part. 7. States from territory defined by treaty with Great Britain (see p. 254). Oregon, Washington, Id ah a 8. States from other sources. Florida, from a Spanish cession, Texas, by annexation (see p. 254). 350 APPENDIX G. APPENDIX G. TABLE OF STATES AND TERRITORIES. Ratio based on census of 1900 to go into effect in 1902 194,182. Dates. No. Names. Popula- tion to aq. in. Area in sq. 111. Popula- tion, 1900. 0. Kg ipS - Electoral Vot, 1904. | 1787, Dec. 7 1 Delaware 90.1 2,050 184,736 1 3 1 Dec. 12 2 Pennsylvania 139.3 45,215 6,302,115 32 34 Dec. 18 3 New Jersey 241. 7,815 1,888,669 10 12 1 1788, Jan. 2 4 Georgia 37.2 59,476 2,216,331 11 13 8 Jan. 9 5 Connecticut 184. 4,990 908,355 6 7 1 Feb. 6 6 Massachusetts 337.3 8,315 2,805,346 14 16 o April 28 7 Maryland 97.4 12,210 1,UHMGO 6 8 May 23 8 South Carolina 43.8 30,570 1,340,316 7 9 June 21 9 New Hampshire 44.2 9,305 411,588 2 4 "2 June 25 10 Virginia 43.6 42,450 1,854,184 10 12 tc July 26 11 New York 147.8 49,170 7,268,012 * 37 39 1 1789, Nov. 21 12 North Carolina 36.2 52,250 1,893,810 10 12 H 1790, May 29 13 Rhode Island 342.8 1,250 428,556 2 4 1791, March* 14 Vermont 35.9 9,565 343,641 2 4 1792, June 1 15 Kentucky 53.1 40,400 2,147,174 11 13 1796, June 1 16 Tennessee 48. 42,050 2,020,616 10 12 1803, Feb. 19 ' 17 Ohio 101.2 41,000 4,157,545 21 23 1812, April 30 18 Louisiana 28.3 48,720 1,381,625 7 9 1816, Dec. 11 19 Indiana 69.2 36,350 2,516,462 13 15 1817, Dec. 10 20 Mississippi 33.1 46,810 1,551,270 8 10 1818, Dec. 3 21 Illinois 85.1 56,650 4,821,650 25 27 1819, Dec. 14 22 Alabama 34.9 52,250 1,828,697 9 11 1820, March 15 23 Maine 21. 33,040 694,466 4 6 1821, Aug. 10 24 Missouri 44.7 69,415 3,106,065 16 18 = 1836, June 15 25 Arkansas 24.3 53,850 1,311,564 7 9 \ 1837, Jan. 26 26 Michigan 41.1 58,915 2,420,982 12 14 z 1845, March 3 27 Florida 9. 58,680 528,542 3 6 1845, Dec. 29 28 Texas 11.4 265,780 3,048,710 16 18 .- 1846, Dec. 28 29 Iowa 39.8 56,025 2,231,853 11 13 3 ' 1848, May 29 30 Wisconsin 36.9 66,040 2,069,042 11 13 1850, Sept. 9 31 California 9.3 158,360 1,485,053 8 10 1858, May 11 32 Minnesota 21. 83,365 1,751,394 9 11 fl 1859, Feb. 14 33 Oregon 4.:: 90,030 413,536 2 4 1 1861, Jan. 29 34 Kansas 17.9 82,080 1,470,495 8 10 5 1863, June 19 35 West Virginia 38.7 24,780 958,800 5 7 1864, Oct. 31 36 Nevada .4 110,700 42,335 1 3 1867, March 1 37 Nebraska 13.8 77,510 1,068,539 6 8 1876, Aug. 1 38 Colorado 6.2 103,925 539,700 3 6 1 X - ' 1 V , , V 9 ) 39 North Dakota 4.6 70,795 319,146 2 4 1 ', 1UV. - < 40 South Dakota 6.2 77,650 401,570 2 4 1889, Nov. 8 41 Montana 1.7 146,080 243,329 1 3 1889, Nov. 11 42 Washington 7.5 69,180 618,103 3 5 1890, July 3 43 Idaho 1.9 84,800 101,772 1 3 1890, July 10 44 Wyoming .9 97,890 92,531 1 3 1896, Jan. 4 46 Utah 3.3 84,970 276,749 1 3 1791, March 3 Diet, of Columbia 3,981.7 70 278,718 . 1834, June 30 Indian Territory 12.5 31,400 391,960 a 1850, Sept. 9 New Mexico 1.6 122,580 195,310 3 1863, Feb. 24 Arizona 1.1 113,020 122,931 1 1868, July 27 Alaska .1 590,884 63,692 vf 1889, April 22 Oklahoma 9.9 39,030 398,331 O 1900, May 1 Porto Rico 264.3 3,606 953,243 1900, June 14 Hawaii 23.8 6,449 164,001 1902, total House of Representatives 386 + Senate 90 = electoral votes, 476. * By the War Department census of Nov. 10, 1899. EXAMINATION PAPER. 351 Showing Percentages of Urban Population. Date. Pop. of U. 8. No. of Cities. Pop. of Cities. Percentage of Urban Population. 1790 3,929,214 6 131,472 3.33 1800 5,308,483 6 210,873 3.9 1810 7,239,881 11 356,920 4.9 1820 9,633,822 13 474,135 4.9 1830 12,866,020 26 864,509 6.7 1840 17,069,453 44 1,453,994 8.5 1850 23,191,876 85 2,897,586 12.5 1860 31,443,321 141 5,072,256 16.1 1870 38,558,371 226 8,071,875 20.9 1880 50,155,783 286 11,318,597 22.5 1890 62,622,250 443 18,235,670 29.1 1900 76,303,387 *517 24,703,709 32.4 * Incorporated places of over 8,000 inhabitants. APPENDIX I. AN EXAMINATION PAPER FOR CUSTOMS CLERKS. Applicant's No. . APPLICANT'S DECLARATION. DIRECTIONS. 1. The number above is your examination number. Write it at the top of every sheet given you in this examination. 2. Fill promptly all the blanks in this sheet. Any omission may lead to the rejection of your papers. 3. Write all answers and exercises in ink. 4. Write your name on no other sheet but this. Place this sheet in the envelope. Write your number on the en- velope and seal the same. DECLARATION. I declare upon my honour as follows : 1. My true and full name is (if female, please say whether Mrs. or Miss) 2. Since my application was made I have been living at (give all the places) 852 APPENDIX I, 3. My post-office address in full is 4. If examined within twelve months for the civil serrice for any post-office, custom-house, or Department at Washing- ton state the time, place, and result. 5. If you have ever been in the civil service, state where and in what position, and when you left it and the reasons therefor. 6. Are you now under enlistment in the army or navy ? 7. If you have been in the military or naval service of tha United States, state which, and whether you were honourably discharged, when, and for what cause. 8. Since my application no change has occurred in my health or physical capacity except the following : 9. I was born at , on the day of , 188 . 10. My present business or employment is 11. I swore to my application for this examination as near as I can remember at (town or city of) , on the day of , 19 . All the above statements are true, to the best of my knowl- edge and belief. (Signature in usual form.) Dated at the city of , State of , this day of , 19 . The questions are different at each examination, but the fol- lowing are in subject and grade fair specimens. No other speci- men questions can be furnished to applicants. The different subjects are weighted according to their relative importance in the examination. In determining the general average of a com- petitor, the average on each subject is multiplied by the number indicating the relative weight of the subject, and the sum of these products divided by the sum of the relative weights gives the general average. (b) CUSTOM-HOUSE SERVICE. There are three grades of general examinations for this ser- vice, namely : EXAMINATION PAPER. 353 FIRST GRADE. (Time allowed, H hours.) 1 5 w J3 SECOND GRADE. (Time allowed, 4 hours.) >s <3 ,q THIRD GRADE. (Time allowed, 3 liourn.) || SUBJECTS. if SUBJECTS. "3'S ' SUBJECTS. 3 -3 if First Spelling Second Arithmetic Third Letter writing Fourth Penmanship Fifth Copying from 10 25 15 15 10 First Spelling Second Arithmetic Third - Letter writing Fourth Penmanship Fifth Copying from 20 20 20 20 20 First Spelling Second Arithmetic Third Letter writing Fourth Penmanship Fifth Copying from plain copy. 20 20 20 20 20 Sixth Copying from 10 Total 100 Total 100 Seventh Geography Total 15 100 The first-grade examination will be given to applicants for such deputy officer positions as may be subject to examination, and for clerk (male and female), and day inspector. The second-grade examination will be given to applicants for the positions of assistant weigher, messenger, and sampler. The third-grade examination will be given to applicants for the positions of watchman, night inspector, opener and packer, in- spectress, foreman, janitor, attendant, porter, and classified laborer. Applicants for the grade of boatman will be rated only upon age, experience, and intelligence, character as a workman, and physi- cal condition, except in positions in which educational qualifica- tions are desired. In such cases the third-grade examination will be given in addition to the elements named. FIRST GRADE CUSTOM-HOUSE SERVICE EXAMINATION. FIRST SUBJECT. Spelling. Spelling is dictated by the exami- ner. The words are written by the competitor in the blank spaces indicated on the first sheet of the examination. The examiner pronounces each word and gives its definition. The competitor is required to write ONLY THE WORD and NOT its definition. SECOND SUBJECT. Arithmetic. This subject will embrace problems in fundamental rules, fractions, percentage (interest and discount), and analysis. [N. B. In solving problems the processes should be not merely indicated, but all the figures necessary in solving each problem should be given in full. The answer to each problem should be indicated by writing " Ans." after it.] Question 1. This question comprises a test in adding numbers across and finding the grand total. There are usually three columns of about twelve numbers each to be added. The arrange- ment of the columns is shown below, but only two numbers are placed in each column, being intended merely to explain the test : 854 APPENDIX I. 3517 6326 7169 5145 4931 676 Grand total Question 2. Multiply 321.6555 by 819| : from the product sub- tract 16042.0918, and divide the remainder by 5. Question 8. What is the value of 72 yards of goods weighing i? pounds to the yard, composed of 5 parts of silk worth $4 per pound, 3 parts of cotton worth $0.48 per pound, and one part of worsted worth SI. 75 per pound ? Question 4- The total amount of duty on two invoices was $409.50. The rate of duty on the first invoice was 25 per cent. ' and on the second 18 per cent. Had the rate of duty on the second been also 25 per cent, the total duty on the two invoices would have been $490. What was the value of each invoice ? Question 5. At the rate of 15 cents per square yard and 30 per cent, ad valorem, what is the amount of duty on 38 pieces of drugget, each 24 yards long and 45 inches wide, costing | of a pound sterling per linear yard ? (, = $4.8665.) THIRD SUBJECT. Letter writing. The competitor is required to write a letter on one of two subjects given. This exercise is designed to test the competitor's knowledge of simple English composition and his general intelligence. In marking the letter, its errors in form and address, in spelling, capitals, punctuation, syntax, and style, and its treatment of the subject are considered. The competitor must avoid allusion to his political or religions opinions or affiliations. The letter must contain not less than 150 words, must be addressed to the " United States Civil Service Commission, Washington, D. C.," and must be dated at the place where the examination is held. The examination number, mni not the name of the competitor, must be used for a signature to the letter. FOURTH SUBJECT. Penmanship. The mark on penmanship will be determined by legibility, rapidity, neatness, and general appearance, and by correctness and uniformity in the formation of words, letters, and punctuation marks in the exercise of the fifth subject copying from plain copy. FIFTH SUBJECT. Copying from plain copy. N. B. Para- graph, spell, capitalize, and punctuate precisely as in the copy. All omissions and mistakes are taken into consideration in mark- ing this exercise. Make an exact copy of the following : SEC. 3. That whenever, in the judgment of the head of any Department, the duties assigned to a clerk of one class can be as well performed by a clerk of a lower class or by a female clerk, it shall be lawful for him to diminish the number of clerks of the higher grade and increase the number of the clerks of the EXAMINATION PAPER. 355 lower grade within the limit of the total appropriation for such clerical service : Provided, That in making any reduction of force in any of the Executive Departments the head of such Depart- ment shall retain those persons who may be equally qualified who have been honorably discharged from the military or naval service of the United States, and the widows and orphans of deceased soldiers and sailors. (19 Stats., 255.) SIXTH SUBJECT. Copying from rough draft. The competitor is required to make a fair copy, on a blank sheet, of a rough- draft manuscript, punctuating and capitalizing properly, writing in full all abbreviated words, and correcting errors in syntax and orthography. SEVENTH SUBJECT. Geography. This subject is given in the first-grade examination only. The following are samples of questions which were used in this examination : 1. Name States as follows : Two that border on the Columbia River ; two that border on both the Missouri and Mississippi rivers ; two that border on both Virginia and the Ohio River ; two that border on New Jersey ; two that border on the Savan- nah River. 2. In what State is each of the following-named : Penobscot Bay, Corpus Christi Bay, Puget Sound, Pearl River, Oneida Lake. 3. Name the largest city in each of the follow- ing-named States, and name the river or body of water on which each city required is situated : Connecticut, Mississippi, Nebraska, Minnesota, Ohio. 4. In what State is each of the following- named prominent cities located : Racine, Bangor, Allegheny, Charlotte, Cairo, Los Angeles, Shreveport, Fargo, Evansville, Ogdensburg. 5. In what foreign country, colony, or possession is each of the following-named prominent cities : Bremen, Buenos Ayres, Yokohama, Cape Town, Havre, Melbourne, Adrianople, Ottawa, Teheran, Panama. SECOND AND THIRD GRADE CUSTOM-HOUSE SERVICE EXAMINATIONS. The second-grade examination is similar to that for the first grade, with these exceptions : Arithmetic embraces problems in the four fundamental rules, common and decimal fractions. N The letter must contain not less than 125 words. Copying from rough draft and geography are omitted. The third-grade examination is similar to that for the second grade, with these exceptions : In the spelling exercise the words are less difficult. Arithmetic embraces simple tests in addition, subtraction, multiplication, division, and United States money. The letter must contain not less than 100 words. 356 APPENDIX J. APPENDIX J. THE NEW YORK CORRUPT PRACTICES ACT OF 1890. CHAP. 94. An ACT TO AMEND TITLE FIVE OP THE PENAL CODB RELATING TO CRIMES AGAINST THE ELECTIVE FRANCHISE. Approved by the Governor April 4, 1890. Passed, three fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Title five of the Penal Code, entitled " Of crimes against the elective franchise," is hereby amended so as to read as follows : 41. It shall be unlawful for any person, directly or indirectly, by himself or through any other person : 1. To pay, lend, or contribute, or offer or promise to pay, lend, or contribute any money or other valuable consideration, to or for any voter, or to or for any other person, to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election for any par- ticular person or persons, or to induce such voter to come to the polls or remain away from the polls at such election, or on ac- count of such voter having voted or refrained from voting or having voted or refrained from voting for any particular person, or having come to the poll or remained away from the polls at such election. 2. To give, offer, or promise any office, place, or employment. or to promise to procure or endeavour to procure any office, place, or employment to or for any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or re- frain from voting at such election for any particular person or persons. 3. To make any gift, loan, promise, offer, procurement, or agreement, as aforesaid, to, for, or with any person in order to induce such person to procure or endeavour to procure the election of any person, or the vote of any voter at any election. 4. To procure or engage, promise or endeavour to procure, in consequence of any such gift, loan, offer, promise, procurement, or agreement, the election of any person or the vote of any voter at such election. NEW YORK CORRUPT PRACTICES ACT. 857 5. To advance or pay or cause to be paid any money or other valuable thing to or for the use of any other person with the in- tent that the same, or any part thereof, shall be used in bribery at any election, or to knowingly pay, or cause to be paid, any money or other valuable thing to any person in discharge or re- payment of any money, wholly or in part, expended in bribery at any election. 4 la. It shall be unlawful for any person, directly or indi- rectly, by himself or through any other person : 1. To receive, agree, or contract for, before or during an election, any money, gift, loan, or other valuable consideration, office, place, or employment for himself or any other person, for voting or agreeing to vote, or for coming or agreeing to come to the polls, or for remaining away or agreeing to remain away from the polls, or for refraining or agreeing to refrain from vot- ing, or for voting or agreeing to vote or refraining or agreeing to refrain from voting for any particular person or persons at any election. 2. To receive any money or other valuable thing during or after an election on account of himself or any other person hav- ing voted or refrained from voting at such election, or on account of himself or any other person having voted or refrained from voting for any particular person at such election, or on account of himself or any other person having come to the polls or re- mained away from the polls at such election, or on account of having induced any other person to vote or refrain from voting or to vote or refrain from voting for any particular person or per- sons at such election. 416. It shall be unlawful for any candidate for public office, before or during an election, to make any bet or wager with a voter, or take a share or interest in or in any manner become a party to any such bet or wager, or provide or agree to provide any money to be used by another in making such bet or wager, upon any event or contingency whatever. Nor shall it be law- ful for any person, directly or indirectly, to make a bet or wager with a voter, depending upon the result of any election, with the intent thereby to procure the challenge of such voter, or to pre- vent him from voting at such election. 41c. It shall be unlawful for any person, directly or indi- rectly, by himself or any other person in his behalf, to make use of, or threaten to make use of, any force, violence, or restraint, or to inflict or threaten the infliction by himself, or through any 858 APPENDIX J. other person, of any injury, damage, harm, or loss, or in any manner to practice intimidation upon or against any person, in order to induce or compel such person to vote or refrain from voting at any election, or to vote or refrain from voting for any particular person or persons at any election, or on account of such person having voted or refrained from voting at any elec- tion. And it shall be unlawful for any person by abduction, duress, or any forcible or fraudulent device or contrivance what- ever to impede, prevent, or otherwise interfere with, the free exercise of the elective franchise by any voter ; or to compel, induce, or prevail upon any voter either to give or refrain from giving his vote at any election, or to give or refrain from giving his vote for any particular person at any election. It shall not be lawful for any employer in paying his employees the salary or wages due them to inclose their pay in " pay envelopes " upon which there is written or printed any political mottoes, devices, or arguments containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employees. Nor shall it be lawful for any employer, within ninety days of general election to put up or otherwise exhibit in his fac- tory, work-shop, or other establishment or place where his em- ployees may be working, any hand-bill or placard containing any threat, notice, or information that in case any particular ticket or candidate shall be elected, work in his place or establishment will cease, in whole or in part, or his establishment be closed up, or the wages of his workmen be reduced, or other threats, express or implied, intended or calculated to influence the political opin- ions or actions of his employees. This section shall apply to corporations, as well as to individuals, and any person or corpo- ration violating the provisions of this section shall be deemed guilty of a misdemeanour, and any corporation violating this section shall forfeit its charter. 41 Court. Cities, rate of taxation in, 27 ; represen- tation in English shire-mote, 60; rarity in Virginia, 58 ; the city, 98-140 ; ne- cessity for representative government in, 100-102 ; definition of, in England and the U. S., 103 ; first city govern- ments in America, 110, 113, 114 ; pre- sent government in United States, 115- 140 ; municipal functions, 115-120 ; or- ganization of government, 120-122 ; powers derived from state, 120 ; gov- ernment compared with state and na- tion, 123 ; recent growth of, 124, 125; chief defects, 125-134 ; city in relation to national politics, 128, 129, note 128- 130; control by state legislature, 131, 132; reforms proposed, 134-140; bib- liographical notes, 144-145, also 100, 106, 106, 111, 113, 117, 118, 119, 122, 123, 127, 131, 133, 138. Citizens, duty of, 10, 11; use of term in England, 103; suffrage in most states restricted to citizens, 173. City Council, 121, 122; short-sightedness of, 125; 127; 129; share in appointing power, 130 ; selection and perma- nence, 136; increase in power, 137 ; concentration of power in, 138; in re- lation to autocratic mayor, 139. Civil Service, 132 ; reform, 275-279. Civil Service Act. 277. Civil Service Commission, 249. Civil War local government in South Carolina before and after, 73 ; 178 ; 186 ; 247 ; 256; federal taxation during, 272 ; growth of spoils system after, 277. Clans, 35, 36, 42, 104 ; unit of tribe, 49, 76. Clay, H., 240. Clerk, see County, Parish, Town, Vestry. Cleveland, G., 239, 278. Close corporations, in Virginia parish, 60 ; Virginia Court of Quarter Sessions, 62, 79; in English cities, 110; in colo- nial Annapolis and Philadelphia, 112, 113. Coinage of money forbidden to states, 183. Collectors of taxes, 21, 38; in Virginia parish, CO ; in Virginia county, 63 ; in Delaware ; 78, in New York, 79. Colonial governments, 146-166 ; forms at time of Revolutionary War, 160; legis- latures, 160, 161 ; governments com- pared with that of England, 162. INDEX. 369 Colorado, school district in, 93 ; woman suffrage in, 174. Columbia, S. C., 73. Coinitia, 34. Commerce and labor, department of, 244, 250. Committee of Safety, 169. Committees, of City Council, 122, 130. Committees of Congress, 228. Committees of Correspondence, 168, 211, 212. Committees, legislative, 175. Common Council, 101, 103; in guilds, 107; London, 107, 108; New York city, 111, 112; Annapolis and Philadelphia, 112, 113 ; in modern American cities, 121. Common drivers, 38. Common, town, 18. Commons, House of, 6, 8; origin of, 40 ; first complete, 41 ; origin of represen- tation in, 50; Simon de Montfort's, 109, 110, 152, 167; model for state Houses of Representatives, 171 ; power at present, 171, 201, 202 ; Speaker, 228 ; impeachment by, 228, 229 ; influ- ence of cabinet upon, 244, 245. Commonwealth, definition , 5. Communes, in France, 181. Comptrollers (Controllers), 139, 177. Confederacy of New England colonies, 210. Confederation, distinguished from fed- eral Union, 253, 254, 260. Confederation, see Articles of. Congress, see Albany, Stamp Act, Conti- nental, Provincial, Federal. Congressional districts, 224-226, 238. Connecticut, river towns, 17, 74, 149, 150 ; colonial government, 155, 160; colonial council, 161, 162; 170; 174; first written constitution, 200, 201 ; the Connecticut Compromise, 222 ; 263 ; 269. Connecticut Compromise, 222. Constables, 3; town, 21 ; election, 24 ; duties in connection with town-meet- ing, 24 ; 32; 36 ; in English parish, 37 ; antiquity of office, 39; in Virginia, 63; high, 76, 77; in New York towns, 79; 87 ; New York city, 110, 111. Constituent Assembly, 181. Constitutions, take place of colonial charters hi states, 170; written, safe- guards of liberty, 176 ; state, 195- 204 ; peculiarly American, 195 ; so- cial contract, 196 ; written charters, 196-198 ; English constitutional docu- ments, 197-199; Mayflower compact, 200 ; first written, 200, 201 ; colonial charters, 201, 202 ; recent changes in character of state, 202-204 ; amend- ments, 203 ; bibliographical notes, 208, also 197, 199, 201, 203, 204. Constitution, see Federal. Construction, see Strict, and Loose. Consuls, United States, 246. Continental Congress, the, 7 ; 212-219; no connection with Federal Congress, 213 ; lack of full sovereignty, 214, 216-218 ; votes, 223 ; 232 ; paper money, 256; 263; 269. Continental money, 215, 256. Contract, history of, 196. Convention, Constitutional, in Cuba. 266. Convention, see Federal. Conventions, nominating, 240, 241. Controller, see State auditor, Comp, troller. Coroner, 51, 52 ; in Mass., 53 ; in Vir- ginia, 63, in South Carolina, 73; in Pennsylvania, 78 ; in New York city, Corporation, municipal, see Municipal. Corporations, public utility, 126 ; pri- vate and municipal, constituted by states, 183. Correction lines, 83. Correspondence, see Committees of. Cotton, J., 17. Council, governor's, 161, see City, Com- mon, Privy. Counts, 51. County, relation to town, 20; 24, 25; representation in, 41 ; in its begin- nings, 48-54 ; England and our states divided into, 48; origin of name, 51 ; officers in mediaeval English, 51, 52 ; modern English, 53 ; beginnings in Massachusetts, 53 ; modern, in Massa- chusetts, 54-57 ; legal status of, 54 ; officers, 55, 56; old Virginia, 57-67; unit of representation in Virginia, 61 ; in South Carolina, 73, 74, 75 ; in Mary- land, 77 ; Delaware, 77, 78 ; Pennsyl- vania, 78 ; New York, 79 ; Michigan, 89 ; Illinois, 90; county boards, 92, 93 ; general criticism of county system, 99, 100 ; 111 ; 150; bibliographical notes, 70 ; also 50, 52, 55, 58, 60, 62, 64, 65, 66. County clerk, 63, 73. County commissioners, 54; duties, 55, 56 ; in South Carolina, 73 ; in Penn- sylvania, 78. County court, shire-mote, 51 ; in Massa- chusetts, 53, 54 (also 154) ; in Vir- ginia, 61-64; New York, 111 ; place in state judicial system, 185 ; see also boroughs (English). County lieutenant, 64. County palatine, 156. County treasurer, 55 ; in Virginia, 63 ; in Delaware, 78. Court of appeals, New York senate, 171. 186. Court of appeals in case of capture, 215. Court baron, 30 ; in Maryland, 75 ; 157. Court, circuit, 260, 261. Court, city, see Municipal, Mayor's. Court of Common Pleas, 111. Court, coroner's, 51. Court, county, see County court. Court day in Virginia, 65, 66 ; compared with New England town-meetings, 66. Court, district, 260, 261, Court, the General, 41, 53, 154, 155, 200. Court of General Sessions, 53 ; see Jus- tices of the peace. 370 INDEX. Court-house, 54, 62. Court of insolvency, tee Probate court. Court, hundred, 76. Court, insolvency, 55. Court leet, 36, 38; in Maryland, 75, 167. Court of levy and appeal, 78 ; compared with New York Board of Supervisors, 79. Court, mayor's, 185. Court, municipal, 111, 122, 185. Court, police, see Municipal court. Court, probate, in Massachusetts, 55 ; tee County court; in Virginia, 63. Court of Quarter Sessions, 52; in early Massachusetts, 53; see County court ; in Virginia, 61-64. Court, Superior, in Massachusetts, 55, 186. Court, Supreme, state, 177, 186 ; fed- eral, a safeguard of liberty, 176 ; ap- pointment of judges, 242; 260-262; Philippines, 267. Courts, federal, 215, 260-262. Courts, state, see State judiciary ; as interpreters of constitution, 195 ; ter- ritorial, 263, 264, 267. Crawford, W. H., 240, 276, 279. Criminal law, 184. Cromwell, Oliver, 109, 199. Crowner, te( Coroner. Cuba, 266, 268. Curia, 76, see Phratry, hundred. Custom-house duties, 163, 185, 271, 272, 274, 275. Dakota, township government in, 85, 91,92. Davenport, J., 17. Declaration of Independence, conditions in Virginia before, 66; 272. Declaration of Rights, 198. Dedham, 22. Deeds, register of, 55. Delaware, local government in, 77, 78; colonization, 151, 158, 160; state gov- ernment, 173, 174 ; adoption of con- stitution, 269. Democracy, pure, 32, 35; democratic type of society in New England, 59; South Carolina more democratic than Virginia in colonial days, 71, 72; re- presentative, 98; advantages of, 98, 99 ; safeguards of American, 176. Democratic party, 274, 277. Denizens, 173. Denmark, 213, 246. Denver, 124. Departments (France), 180, 181. Departments, see Executive. Deputies, see Massachusetts, 154. Deputy-governor, 164. Diocese and city, 103. Diplomatic service, 246, 247. Direct government, compared with in- direct, 99-102; see also New England town meeting. Discoveries, 146, 147. Dissolution, of parliament, 167, 168; of colonial assemblies, 168. District attorneys, 177, 261. District of Columbia, 264. District court, see Court. Districts, in South Carolina, 72, 73; elec- toral, ire Congressional. Domain, public, see Public domain. Dongan, 'I'.. 111. Dorchester, Mass., 17. Dorchester Company, the, 152. Douglas, 8. A., 238. Durham, 156. Dutch, in New Netherland, 79, 110, 111, 150. Ealdorman, 49, 50; office becomes ex- tinct, 51. East Anglia, 50. Ecclesia, 34. Education, state superintendent of, 177 ; state board of, 177 ; regulated by states, 183; bureau of, 249. Educational value of town meetings, 31. Edward I., 40; the Model Parliament, 41 ; 51. Edward III., creation of justices of the peace, 52. Elastic Clause of the Constitution, 255, 273, 274. Elections, for Congress, 223, 224; for President, 227. Elective judiciary, 187, 188. Electoral College, in Maryland, 170; for electing President of United States, 233-236; theory vs. practice, 237-239. Electoral Commission, 206. Electors, presidential, 233, 234. Elizabeth, Queen, 77. Eminent domain, right of, definition, 4 ; compared with taxation, 4. England, 6-8; colonists from, 16-19; home of New England institutions, 34- 53; the tun in, 35, 30; the town, 37; the county, 48-53 ; kingdom of, how formed, 60; characteristic features of, found in colonial Maryland, 75 ; hun- dred, 76 ; use of " town " and " city " in, 103 ; origin of English boroughs and cities, 104-110; under Simon de Mont- fort, 109, 110; 112, 113, 114; muni- cipal councils in, 138 ; claims to North America, 146-165 ; 171; 180; 184; in relation to American constitutions, 195-200; 209; 228; 244, 246. Entails in Virginia, 58. Envoys, 246. Essex, Massachusetts, 53. Europe, our ancestors in, 35. Excise, 271, 272. Executive, see Federal. Executive departments, 244-260. Exemptions from taxation, 26. Ex post facto law, 183, 257. Exports, prohibition of duties on, 266. Fanenil Hall, 100. tlrrM Congress, not descended from Continental Congress, 213 ; descended from state legislatures, 219 ; 220-230; INDEX. 371 House of Representatives, 220-222; Senate, 222, 223 ; elections, 223, 224 ; date of assembling, 226. 227 ; common powers and duties of two houses, 227 ; salary and privileges of members of Congress, 227, 228; legislation, 229, 230; 234; extra sessions, 243; Presi- dent's influence upon, 244; creation of executive departments, 244; 253; powers, 254, 255, 258 ; powers denied, 256, 257 ; 264 ; 265. Federal constitution, 198 ; construction of, 217; provisions in, 230, 239, 242, 244 ; adaptability, 253 ; amendments to, 258 ; creation of federal judiciary, 260 ; territories, 263 ; ratification, 269, 270; omission in, 275. Federal convention, 217, 222, 233, 253, 256, 263. Federal executive, 232-250 ; President, 232-244 ; executive departments, 244- 250; 253. Federal judiciary, see Judiciary. Federal Union, origin, 209-219; forces making for, 209-210 ; earliest league in America, 210; early congresses, 211; committees of correspondence, 211 ; Continental Congress, 212 ; chief executive, 232 ; admission of new members, 203-265 ; bibliographical notes, 286-292 ; also 214, 215, 221, 224, 225, 226, 240, 241, 242, 247, 256, 257, 261, 270, 272, 2T7, 278, 280. Federalist party, 273. Fence-viewers, 23, 24, 38, 79. Field-drivers, 23. Fines for non-attendance at town-meet- ing, 19. Fire department, 115. Firma Burgi, 109, 111. Florence, 180. Florida, 146; early colonization, 147 ; purchase, 264. Forestry, bureau of, 250. Forum, 34. France, loans to United States, 7 ; claims to North America, 146, 147 ; rule of kings without parliament, 168; local government in, 180-182 ; danger to American colonies, 210, 211 ; loans to Continental Congress, 215 ; alliance with, 215, 216 ; ambassadors to, 247 ; Louisiana, 264. Franchises, municipal, 126. Franklin, Benjamin, 170, 211, 217, 232. Freedom of speech and press, 270. Freedom too often destroyed in process of nation-building, 39, 40. Fundamental Orders of Connecticut, 200, 201. Gadsden Purchase, 264. Gage, General T., 168. Garfield, J. A., 239. General Court, see Court. General Sessions, Court of, see Court. General ticket, 121, 136, 226, 238. George III., 109, 148, 164, 218. Georgia, 150, 159, 160, 269. Germans, first appearance in history, 35 ; settlement in South Carolina, 72. Gerry, Elbridge, 224, 225. Gerrymandering, 224. Gila River, 264. Glasgow, water supply of, note 116; transportation system, note 117. Government, origin and definition, 5, 7; support of, 6; forms, 6; most essential feature, 8 ; study of, 10, 11 ; delusions about, 30; English forms in United States, 57; direct and indirect, 98-102; always cumbrous, 177. Governor, in colonial Massachusetts, 54; head of militia in modern Massachu- setts, 56; in colonial Virginia, 61,63, 64 ; antagonism to colonial governors, 66 ; elected by freemen in early Mas- sachusetts, 153, 154 ; royal, in Massa- chusetts, 155 ; appointed by Lord Pro- prietary in colonial Maryland, 157 ; in Pennsylvania, 158; general character of proprietary governors, 159; com- parison of governors under different forms of colonial government, 160; relations with colonies, 162 ; states do without governors during Revolution- ary period, 169; under state govern- ments, 170 ; modern functions, 177- 179 ; in territories, 263, 264 ; Porto Rico, 266. Governor-general, 233. Grand jurors in Delaware, 78; 186, 187. Grant, U. S.,242. Great Britain, 3; woman suffrage in, 175; 247; 264. Greece, 34; grouping of population in ancient, 75. Guam, 266, 267. Guilds, 106, 107. Gymnasiums, public, 119. Habeas Corpus, 257. Hamilton, A., 217, 271-275. Harrison, B., 239. Hartford, Connecticut, 200. Harvard College, 22. Havana, 268. Hawaii, 265, 266. Hayes, R. B., 236, 239. Haywards, 38. Heads of departments, 121, 122, 278. Health, officers, 20 ; state board of, 177. Henry I., 106 Henry VIII., establishment of office of lord-lieutenant of county, 52. Henry, Patrick, 67. Higginson, F., 17. Highways, 20 ; supervision of, in Eng- land, 52 ; supervision in early Massa- chusetts, 53; in modern Massachusetts, 55 ; in Virginia, 63 ; character of American, 99, 100. Highways, surveyors of, see Surveyors. History, uses of study of, 9, 10 ; advan- tages of our country as a field for study of principles underlying univer- sal, 93. Holland, United States loane to, 7, 215, Home rule in cities, 135,, 372 INDEX. Hooker, T., 17. House of delegates, Porto Rico, 266. House of Burgesses, srf Burgesses. House of Couimons, see Commons. House of Representatives, see Represen- tatives. Huguenots, 71. Hundred, in Maryland, 75 ; compared with Greek phratry and Roman curia, 75, 76 ; decay of, in England, 7(5, 77 ; in Virginia, 77; political unit in Mary- land, 77 ; in Delaware, 77 ; relations with county, 78 ; relation to English borough, 105. Hundred court, 76 ; duties of hundred- meeting in Maryland, 77 ; relation to English borough court, 105. Hundredman, 76. Hungerford, Sir Thomas, 228. Idaho, school districts in, 93 ; woman suffrage in, 174. Illinois, settlement, 81 ; conflict between town and county systems, 89-91 ; court of appeals, 186 ; 263. Impeachment, 228, 229, 242. Implied powers of the Federal Constitu- tion, 273. Incorporated villages, 102. Indentured servants, 58. Independence, see Declaration of. Independence of executive, 176. Indiana, settlement, 81 ; 90 ; townships, 92; 263. Indians, 18 ; clans among, 35 ; resem- blances of Indian social organization to Greek and Roman, 34, 35, 75 ; 152 ; 162 ; New England Confederacy, 210 ; Indian bureau, 249. Indirect government, see Representa- tion ; the county ; the city. Inquest, 52. Inspectors of elections, 78. Instrument of Government, 199. Intercitizenship, 258. Interior, Department of the, 237, 244, 249. Internal improvements, 274. Internal revenue, commissioner of, 247. Iowa, townships in, 92 ; 203. Ipswich, seat of Quarter Sessions, 53. Ireland, woman suffrage in, 175. Jackson, Andrew, 230, 240, 276,;277. James I., oligarchical government un- der, 110; 149; 151. James II., 158, 159, 198. Jamestown, 152. Jefferson, Thomas, abolition of entails, 58 ; description of Virginia vestrymen, 60; quotation concerning New Eng- land township, 66 ; 67 ; land -ordinance of 1785, 81 ; presidential election, 1800, 235,240; 242; 243 ; opposition to Hamilton, 273 ; founder of national party, 274 ; 275. Jersey City, length of mayor's term in, 121. John, King, 197, 198. Johnson, President, 229. Johnson, R. M., 238. Journal of Congress, 227. Judges, circuit, tee Justices in eyre ; in South Carolina, T2, 73; municipal, 122; selection of, 187, 188; federal, 2(50, 261. Judiciary (state), 185-188; courts, 185, 186 ; jury system, 186. 187 ; (federal), 254; 260-262. Juries, 51, 52, 186, 187. Jurisdiction, appellate, 185, 186, 262. Jurisdiction, original, 185, 186, 262. Jurors, 20, 21 ; in mediaeval English county, 52; 78. Justice, see Chief justice, Associate jus- tices of United States. Justice, department of, 237, 244, 249. Justices in eyre, 51, 186. Justices of the peace, in England, 52 ; in early Massachusetts, 53 ; appointed by governor, 54; in modern Massachu- setts, 55, 56 ; in Virginia, 61 ; in Dela- ware, 78 ; 87 ; 108 ; 185. Justices, trial, 56, 73, 185. Kansas, townships in, 92; woman suf- frage, 174. Kentucky, 62 ; size of counties in, 74 ; settlement, 81 ; schools, 94; court of appeals, 186. King, origin of title in England, 49. Lancaster, duchy of, life. Land grants, in Massachusetts, 17 ; in Virginia, 57, 58. Land-ordinance of 1785, 81. Leadership, training in, 66, 67 ; 243. Legal tender, 183, 255, 256. Legislature, in Virginia, 61, 63; South Carolina, unit of representation in, 71 ; difficulty of apportioning representa- tion in South Carolina, 73 ; legislative districts in Maryland, 77 ; state legis- lature in relation to cities, 102 ; in colonial Pennsylvania, 112; 120, 121; special legislation for cities, 131, 132; home rule, 135 ; municipal accounts re- ported to, 137 ; in states at present, 173, 175, 176 ; territorial, 263, 264. Letters of marque, 215, 254. Levy court, 78; compared with New York Board of Supervisors, 79. Lewes, battle of, 109. Lexington, battle of, 165. Liberty, political, source of, 41 ; United States compared with Russia, 42; New England compared with Virginia, 65, 66; in English cities, 107-109; French notion of, 181. Libraries, public, 3 ; in South Carolina, 72; in cities, 119. Licenses, 20. Lieutenant, see County, lord. Lieutenant-governor, 155, 171. Liliuokolani, 265. Lincoln, Abraham, 6, 32, 178, 238, 239. Lobbying, 176.' Local government in New England and in Virginia before (he Revolution contrasted, 64-67, INDEX. 373 Local option, 90-92. Local self-government vs. centralization, OQO Log-rolling, 93, 175. London, a county, 105 ; guilds in, 107 ; government of city, 107 ; a republic, 108, 109, 112-114. London Company, the, 147, 149-151. Loose constructionist, 273. Lord Chancellor, 229. Lord-lieutenant of English county, 52, 53 ; compared with county-lieutenant in Virginia, 64 ; in London, 108. Lord mayors of London, 107, 108. Lords, House of, origin of representation in, 50 ; model for state senates, 171 ; impeachment, 229. Lords of the Manor, see Manor. Lord Proprietary in Maryland, 157 ; in Pennsylvania, 158; in New York, 158 ; in New Jersey, 159 ; in the Carolinas and Georgia, 159 ; general character of proprietary governments, 159. Louis XV., 7, 8. Louisiana, parishes in, 48 ; 186, 236, 263, 264. Lunacy and Charity, State Board of, 177. Lynch law, 72, 178. " Machine," 129. Madison, J., 67, 217, 224. Magic Fund delusion, 30, 86. Magistrates, 154. Magna Charta, 39, 186, 197, 198. Maine, 149, note 174, 226. Manchester, England, water supply of, note 116. Manor, lords of, 18, 19, 36, 39, 50 ; in Maryland, 75. Manors, 36, 39; in mediaeval London, 106. Marcy, W. L., 277. Mark, 35. Marriage, certificates, 21 ; laws, 183. Marshal, United States, 215, 261. Marshall, J., 67. Martial law, 111, 156. Mary II., 198. Maryland, local institutions, 74-77 ; col- onization, 150, 151 ; palatinate founded, 156; 160; election of senators, 170; 203 ; 263 ; 270. fllason and Dixon's line, 158. Massachusetts, early colonists, 17 ; pre- amble to school law, 22 ; school act, 23 ; system of taxation, 25, 26 ; beginnings of county, 53 ; modern county, 54-57 ; size of county, 74 ; cities, 102; Maine in connection with, 149, 150 ; colonial government, 152-155, 160, colonial council, 161 ; provisional government during Revolution, 167-170; changes leading to present government, 169, 170 ; 174 ; courts of appeal, 186; com- mittees of correspondence, 211; ger- rymandering, 225 ; 263 ; 269, 270; Aus- tralian ballot system, 279. Massachusetts Bay, 16, 110, 149, 152; governor and company of, 153. Mayflower compact, 200. Mayor, 101 ; see Port-reeve, 107 ; lord mayor of London, 108 ; 110; in New York city, 110, 112; in Philadelphia and Annapolis, 112, 113; methods of selec- tion in American cities, note 113 ; in modern American city, 121, 122 ; selection, 127; power of appointment, 130 ; agent of council, 138 ; absolute executive head, 138, 139 ; office open to women in Kansas, 174 ; in French Commune, 181. " Mean whites," their origin, 59. Measures of wood, 23, 24. Meeting-house, 18, 19. Merchant guilds, see Guilds. Merchants' Association of San Fran- cisco, 134. Mercia, 50. Meridian, principal, 81-83. Merit system, 135. Message, governor's, 78 ; presidential, 243, 244. Mexican War, 264. Mexico, 146, 264. Michigan, settlement, 81, 82 ; first west- ern state to adopt town-meeting, 89; establishments of counties and town- ships, 89 ; county board, 92 ; 203 ; 263. Middlesex, Mass., 53. Militia, county, in England, 52 ; in Mas- sachusetts, 53, 56; in Virginia, 64; militia district in Maryland, 77 ; state militia, 178, 254 ; territorial, 263. Ministers, to foreign courts, 246. Minnesota, local option in, 91 ; township government in, 92 ; municipal self-gov- ernment in, note 120. Mint, director of, 247. Mir, in Russia, 42. Missouri, admission as slave state, 90; township governments, 91, 92 ; muni- cipal self-government in, note 120. Moderator, 24. Mohawks, 75. Monroe, J., note 239. Montana, school districts in, 93. Montfort, Simon de, 40, 41, 109, 110. Montgomerie charter in New York city, 111. Morris, Robert, 214. Municipal corporation, 102. Municipal court, see Court. Municipal departments, 121, 122. Municipal Program, 138, 139. Municipal Reform, Act of 1835, 110. Municipal Voters' League of Chicago, 134. Municipal government, in England, 104- 110 ; in colonial America, 110-114; in the United States, 115-140. Municipality, see Cities. Names, geographical, their significance, 36, 49, 62, 103. Napoleon I., 181. National Bank, 274. National Convention, proposed by Sir Harry Vane, 199 ; party, nominating, 240, 241. National Municipal League, 138. 874 INDEX. National Republican party, 273. Naturalization, 174, 264. Nary, department of the, 237, 244, 248. Nebraska, township government in, 91. Negroes, 58, 94. Nevada, school district in, 93. New England, first colonists, 16 ; soil, 17 ; villages, 18 ; system of taxation, 25-30 ; origin of political institutions, 38-41 ; settlement compared with Vir- ginia, 57 ; type of society in, 59 ; 62 ; local government compared with Vir- ginia, 64-67 ; use of term town in, 103 ; settlement of west by New Englanders, 151 ; Massachusetts Bay settlement, 153 ; threatened secession, 217 ; see also, Township. New Hampshire, 53; royal province, 149 ; 150 ; 160 ; 203 ; ratification, 270. New Haven, founding of colony, 149. New Jersey, 151 ; colonial government, 159, 160 ; court of appeals, 186 ; 238 ; ratification, 269. New Mexico, 146, 264. New Netherland, 150, 158. New York city, 100 ; history of govern- ment in, 110-114; mayors, note 113; water supply, note 116; growth'of pop- ulation, 124 ; Stamp Act Congress, 211 ; seat of Continental Congress, 214. New York State, local government in, 79; settlement of central and north- ern portions, 81 ; 90 ; 151 ; colonial government, 158-160; 203 ; 263; rat- ification, 270 ; spoils system, 275. Newcastle, 106. Newfoundland, 146 ; fisheries, 147. Newspapers, 31, 99. Nichols, Colonel R., 110. Norfolk, Mass. (1643), 53. Norman Conquest, 36 ; changes in shire government after, 51, 76. North Carolina, 62 ; early colonization 147, 150, 159 ; 178 ; ratification, 270. Northumbria, 50. Norway, 163. Norwich, England, 106 ; resemblance of government to that of New York city, 111. Oglethorpe, James, 159. Ohio, 62 ; settlement, 81 ; 178 ; 203 ; 263; river, 263. Oligarchy, see Close corporation ; also, 98, 113. " One-man power," 139. Ordinance of 1785 concerning survey of public lands, 81. Ordinance of 1787, 90, 263, 264, 269. Oregon, 81, 82; school districts, 93; settlement by New Englanders, 151 ; 264,265. Original jurisdictions, see Jurisdiction. Overseers in New York towns, 79. Overseers of the poor, 20; duties, 21; in England, 38 ; in Virginia parish, 60 ; in Delaware, 78 ; in Pennsylvania, 78 ; in New York, 79; 87; in American cities, 121. Overseen of roads, see Roads. Oxford, 103. Palatine counties, 156. Paper money, 7, 256, 266. Pardoning power, governor's, 178 ; too freely used in U. 8., 178 ; president's, 242. Paris, boulevards of, 117 ; 181 ; treaty of, 266. Parish in England, 36-39, 41 ; designa- tion of local district in Louisiana, 48; in Virginia, 69-61, 65 ; in South Caro- lina, 71-73 ; in mediaeval London, 106. Parish clerk, 38 ; in Virginia, 69, 60. Parliament, 6 ; compared with colonial legislatures, 162 ; American colonial attitude toward, 162-164; sovereigns of Great Britain owe throne to parlia- ment, 163, 164; dissolution of, 167, 168; ministers responsible to, 229 ; money bills, 230. Parliament, the Model, tee Edward I. Parliament of Simon de Montfort, 40, 41, 109, 110. Parties, national, 255, 273, 274. Party politics, 128, 129. Patent office, 249. Patronage, 278. Peers, creation of, 171. Penn, William, 151, 158, 159, 211. Pennsylvania, local government in, 78 ; 81 ; county boards, 98 ; cities in, 102; colonization, 151 ; colonial govern- ment, 158, 160 ; 210; ratification, 269; 272 ; 275. Pensions bureau, 249. Perjury, 27. Personal property, 26-28 ; exempt from taxation, 26 ; difference between taxei upon and real estate, 28. Petit jury, 186, 187. Petitions, citizens', 136. Philadelphia, numbering of streets in, 83, 84 ; early city government in, 112, 113; mayor of, note 113; length of mayor's term in, 121 ; growth of popu- lation, 124 ; Continental Congress, 212, 214 ; Federal Convention, 217. Philippines, 266-268. Philippine Assembly, 267. Philippine Commission, 267. Phratry, 75 ; see Curia, hundred. Plantations, compared with farms, 18 ; in Virginia, description, 58, 59 ; 152; definition, note 152. Platforms, 240. Plymouth colony, 149 ; annexed to Massachusetts, 150. Plymouth Company, the, 147-149, 151, 152. Pocket veto, 230. Police, 52, 101, 113, 115. Polk, J. K., 239. Political liberty. See Liberty. Poll-tax, 26, 26, 174. Poor, overseers of, see Overseers. Poor-houses, 3, 21. Population, rural and urban, 124. Port-reeve, 106, 107. INDEX. 375 Porto Rico, 266, 268. Portugal, 213. Posse comitatus, 51, 56. Post-master general, 237, 244, 248. Postmasters, appointments, 242, 275, 276, 279. Post office department, 244, 248, 249. Pound, the, 23. Pound-keepers, 23 ; pound-masters, 79. Precincts in Virginia, 63. Prefect, 180, 181. Premier, 245. President, derivation of title, 169 ; of councils, 169, 170 ; of provincial con- gresses, 169; of the Continental Con- gress, 214 ; of the United States, time of election, 227 ; 228 ; veto power, 230 ; title and position, 232 ; method of election, 233, 236, 237, 238; order of succession, 236, 237; minority, 238, 239 ; nomination, 239-241 ; qualifica- tions, 241, 242; term, 242; duties, 242-244 ; compared with English prime minister, 245; appointing power, 248, 261, 264, 266, 267, 275, 278. Presidential succession, 236, 237. Prices affected by paper money, 255, 256. Primaries, 129, 136; composition and duties, 241. Primary assembly, 59, 98, 153; tee alto New England town meeting. Prime minister, 245. Privilege from arrest, etc., 227, 228. Privy council, compared with governors' councils in the colonies, 161 ; 201; compared with American cabinet, 245. Probate Court, see Court. Probate, judge of, 73. Probate, register of, 55. Property qualification, in Delaware, 173; abolition of, note 174. Proportional representation, 136. Proprietary colonies, see Colonial gov- ment. Providence, colony of, 149. Province, royal, note 160, see New Hampshire, New York. Provincial period in history of Massa- chusetts, note 160. Provincial Congress, 169, 212. Public domain, settlement of, 81-88, 263, 264. Public monopolies, note 126-127. Public ownership, note 127. Qualifications for office, 173, 241, 242. Quarter Sessions, Court of, see Court. Quartering of soldiers, 270. Quebec, battle of, 213. Range lines, 82. Rate of taxation, 28, 29. Ratification of the Constitution, 269, 270. Real estate, 25-28 ; exempt from taxa- tion, 26 ; difference between taxes upon and personal property, 28. Recorder, 111, 112. Reeve, 36, 40, 41, 50, 76 ; see Port, and Borough. Referendum, 204. Register, of deeds, 55; of probate, 55. Regulating Act, 164, 165. " Regulators " in South Carolina, 72. Religious rights regulated by states, 183. Representation, 40-43 ; shire-mote, 50 ; in Virginia parish, 59 ; unit of, in New England and in Virginia, 61 ; in South Carolina, 73, 74; representative dis- tricts in early Maryland, 77 ; disad- vantages of representative govern- ment, 99, 100 ; necessity for, in city and county governments, 99-101 ; par- liament of Simon de Montfort, 109 ; in Virginia, 151, 152; Massachusetts, 153, 154 ; Maryland, 157; Pennsylvania and Delaware, 158 ; representative government common to thirteen ori- ginal states, 160, 161; iu i/arty ma- chinery, 241. Representatives, House of, state, 171 ; federal, 220-230; character, 220; members, 220, 221 ; three-fifths com- promise, 221 ; large vs. small states, 221, 222; Connecticut compromise, 222; congressional districts, 224-226 ; representatives at large, 226 ; com- parison between English and Ameri- can practice, 226 ; assembling, 227 ; speaker, 228 ; impeachment, 229 money bills, 229 ; representatives can- not serve in electoral college, 233, presidential elections, 235 ; 254. Republic, see Colonial Massachusetts, 154; colonial Connecticut and Rhode Island, 155. Republican colonies, see Colonial gov- ernment. Republican parties, 273, 274. Responsibility of public officials, 32, 139, 177, 229. Restricting the suffrage, 155, note 174. Revenue collectors, appointment, 242, 276, 279. Revolution, American, 2, 7 ; importance of town-meeting during, 31 ; Mass, and Virginia, 66, 77 ; New York, 111, 112 ; 148 ; forms of colonial government at time of, 160 ; cause, 164, 165 ; 167-170 ; 211-216; English, 155, 163, 164; the French, cause, 2, note 168. Rhode Island, 74 ; colony of, 149, 150 ; colonial government, 155, 160, 162 ; 170; 174; 178; ratification, 270. Roads, 3 ; eminent domain, 4 ; see high- ways, 20; 21; 53; 65; 63; reason for poor roads in South Carolina, 74 ; over- seer of, in Maryland, 77; commis- sioners in Delaware, 78 ; cause of poor roads in United States, 99, 100. Romans, 34, 75, 76, 170 ; originated con- tract, 196 ; 233. Rotation in office, 32, 276-278. Roxbury, 22. Royal colonies, see Colonial government. Runnymede, 197. Russell, Benjamin, 225. , Russia, 5 ; mir, 42 ; purchase of Alaska, 266. 876 INDEX. Safeguard* against unbridled democracy, 176. St. Augustine, 146. St. Louis, 84 ; length of mayor's term, 121. Salaries of clergymen in Virginia, 60. Salem, Mass., seat of Quarter Sessions, 53 ; 152. Santa 6, 146. Scandinavians, first appearance in his- tory, 35. School commissioner, 73. School committee, 22, 23; election, 24. School districts, as incipient townships, 74; 87 ; 93, 94. School-houses, 3, 18, 87. School suffrage, 175. School superintendent, 23. School teachers, 3 ; public in Massachu- setts, 23. Schools, 4; early Massachusetts law, 22, 23; in South Carolina, 72, 74; reservation for schools in public do- main, 86, 87 ; in Michigan, 89; in southern states, 94 ; 119 ; in relation to city taxes, 126; in Northwest Terri- tory, 263. Scotch highlanders, settlement in South Carolina, 72. Scotch-Irish, settlement in South Caro- lina, 72. Scotland's connection with England, 163. Scrutin d'arrondiMement, etc., 226. Sealers of weights and measures, 23, 24. Secretary of State, Treasury, etc., see State, Treasury, etc. Sections of townships, 85. Selectmen, number, duties, 20, 21 ; elec- tion, 24; duties in connection with town-meeting, 24; discretionary pow- ers, 32 ; compared with church- ward- ens in England, 38 ; compared with overseers in New York towns, 79. Self-government, 19 ; in English manors, 36, 37 ; in early English shires, 50; difference between New England township and Virginia parish in re- spect to, 59-61 ; quotation from Jef- ferson, 65; British imperial inter- ference with local, 66 ; weakened through size of counties in South Car- olina, 74; excellent system of local in New York, 79; in New York city, 111; lack of, in colonial cities in America, 113; in early Massachusetts, 154; under state governments, 179, 180; lack of in France, 180-182 ; 269. Semi-royal colony of Massachusetts, 160. Senate, 73 ; applied to upper house in state government, 170, 171 ; state senate compared with lower house, 173; federal, 222, 223; election of senators, 223; each senator has a vote, 223; term and qualifications of senators, 223; impeachment, 229; can- not serve in electoral college, 233; election of vice-president, 235, 23f> ; president pro tempore, 236, 237; treaties and appointments, 242, 243; vacancies, 242, 243; 248; 261; 266. Seneschals, 75. Separation of executive and legislative departments, arguments for and against, 175, 176 ; prevents leadership, 243. Sewerage, 20, 116. Sexton in Virginia parish, 60. Sheriff, see Shire-reeve, 50 ; after Nor- man Conquest appointed by king, 51 ; duties, 51 ; in early Massachusetts, 53; appointed by governor, 54 ; In modern Massachusetts, 56; in Virginia, 63, 64 ; in South Carolina, 72, 73 ; in Pennsyl- vania, 78; in English borough, 105, 106 ; in English cities, 108; in New York city, 110-112; 178. Shire, 49, 50; relation to hundred, '6; English shire in relation to American county, 99. Shire-motes, 40 ; composition, 50 ; func- tions, 51. Shire-reeve, 50. Shire town, 54 ; compared with Virginia county seats, 62. Shoestring district, 224. Shoreditch, the dust destructor, note 116. Simon de Montfort, see Montfort. Slavery, of indentured servants, 68; negro slavery prohibited in Ordinance of 1787, 90, 91 ; 184 ; slave states in relation to House of Representatives, 221; prohibited in Northwest Ter- ritory, 263; in constitution, 269 ; 275. Social contract, theory of, 196. Social position of early settlers, 18, 59. Solicitor-general, 249. South Carolina, 62; local government in, 71-74; settlement, 71 ; parish in, 71, 72 ; double system of local govern- ment, 73 ; county in, 73, 74 ; 94 ; 150, 159, 236, 257, 269, 270. Sovereign, English, compared with President of United States, 245. Spain, 146, 264, 266. Spaniards, 146. Spanish War, 248, 265, 266. Speaker, of colonial and state legislature*, 228 ; of House of Commons, 228 ; of House of Representatives, 228 ; suc- cession to presidency, 237. Spoils system, 127, 135, 277. Staatenbund, 253. Stamp act congress, 211. State auditor, 177. State comptroller, ste State auditor. State, department of, 237, 244, 246-247. State, secretary of (state government), 177 ; federal government, 237, 244, 245,246. State treasurer, two in South Carolina, 73; 177. States, in connection with towns, 20, 24, 25, 146-188 ; transition from colonial to state governments, 167-1 72 ; provisional governments during Revolution, 167- 170 ; governments without governors, 169, 170; reorganization of govern- INDEX. 377 menU, 170, 171 ; modelled upon English government, 171 ; state governments, 173-188 ; suffrage, 173-175 ; separa- tion of departments, 175-177 ; execu- tive department, 177-179 ; state gov- ernment in relation to towns and counties, 179, 180 ; self-government in, 179-182 ; powers granted and denied, 183-185; judiciary, 185-188; relation to federal government, 253-258 ; de- nied powers, 255, 256 ; relations among states, 257, 258 ; republican form of government guaranteed, 258 ; new states, 265 ; bibliographical notes, 194 ; also, 149, 155, 157, 164, 171, 176, 184, 186, 188. States General in France, 168. States rights, 224, 269. Statistics, national bureau of, 247. Steward, the lord's, 36, 76. Street commissioners, 121. Streets, eminent domain, 4 ; village, in New England, 18 ; 83, 84 ; 113; city, 117 ; in relation to city taxation, 126. jJtrict-constructionist, 273. Succession to the presidency, order of, 237. Suffolk, Mass., 53. Suffrage, made nearly universal in states, 173-175 ; qualifications, 173, 174 ; his- torical reasons for restriction to men, 174 ; woman suffrage, 174, 175 ; in France, 181 ; suffrage regulated by states, 183 ; for Federal House of Re- presentatives, 220, 221. Supervisors, Board of, in New York, 79 ; Illinois and Michigan, 92. Supreme Court, see Court. Surveyors of highways, 23, 38, 63, 78, 79, 87. Surveyors of lumber, 23, 24. Surveys of public lands, 81-85. Sweden, 150; relation to Norway, 163. Tariff, 272, 274. Tax lists, 21,27, 28. Taxation (see Taxes), 1-11 ; comparison with right of eminent domain, 4 ; es- sential to government, 7 ; extortion- ate, 9 ; town, 24 ; methods, 25-30 ; effect of high rate, 29 ; 39 ; disguised, 86 ; municipal, 126 ; popular right in thirteen original colonies, 161 ; cause of disputes between royal governors and colonists, 162 ; colonial attitude to- ward parliamentary, 163 ; in France, 181 ; Continental Congress, 214, 215, 217, 218 ; is fundamental sovereign power, 218 ; Congress has power of, 254 ; federal, 271-273 ; dread of fed- eral, 271 ; bibliographical note, 14, 15. Taxes, 1-11 ; definition of, 3 ; town, 19, 20; forced sales, 21 ; imprisonment for fail- ure to pay, 21 ; method of raising, 25-30 ; church rates in English parish, 37 ; national taxes in England assessed and collected in local district, 41 ; in Russia, 42 ; apportionment of county, in early Massachusetts, 53 ; in modern Massachusetts, 55 ; in Virginia pariah, 60 ; in Virginia county and colony, 63 ; in New York towns, 79 ; in cities, 125 ; in colonial Maryland, 156, 157 ; parlia- mentary taxes upon the colonies, 164; direct federal, 221 ; federal, 271-273. Taxes, assessors of, see Assessors. Taxes, collectors of, see Collectors. Tax-payers, 25 ; in South Carolina parish, 71. Taylor, Z., 239. Tea-ships in Boston Harbor, 168. Tennessee, settlement, 81; taxation for school purposes, 94. Territorial government, 263-268 ; terrl tories, 263-265 ; government, 264, 265; new dependencies, 265-268. Texas, 263, 264. Third term, presidential, 242. Three-fifths Compromise, 221. Tilden, 8. J., 236. Tithing-man, 36, note 38. Titles of nobility, 183, 257. Tobacco-viewer in Maryland, 77. Town, tax, 3 ; origin of name, 35, 36 ; government of old English town, 36, 37 ; representation of, 40, 41 ; change from town to city, 100-102 ; different senses in which term is used, 103. See Township, New England. Town clerk, duties, 20, 21 ; election of, 24 ; duties at town-meeting, 24 ; com- pared with vestry-clerk, 38; in New York, 79, 111, 112. Town-house, 18, 19. Town-meeting, description of, in New England, 19, 20, 24 ; advantages of government, by, 30; as a political training-school, 31 ; legislative powers, 31 ; oldest form of government, 34 ; in Greece and Rome, 34 ; see Tunge- mot, 36; in manors, 36 ; under name of vestry-meeting. 37 ; reason for hold- ing annual in spring, 39 ; in Russia, 42 ; compared with Virginia court-day, 65, 66; with hundred-meeting in Mary- land, 77 ; in Pennsylvania, 78 ; in New York compared with New England, 79 ; Michigan first western state to adopt, 89 ; in Illinois, 91 ; west of Alleghanies, 92; a primary, assembly, 98; advan- tages of, 99 ; in Boston, 100, 101 ; 166 ; 168. Town officers, 20-24; executive depart- ment of town government, 32. Town treasurer, 21 ; election, 24. Townshend revenue acts, 211, 272. Township, the New England government in, 16-32; town-meeting, 19 ; officers of town, 20-24 ; legal status, 20 ; re- lation to county, 20 ; to state, 20 ; early school law in Massachusetts, 22 ; state and county taxes, 25; method of taxation, 25-30; departments, 31, 32; most complete democracy in the world, 32; origin, 38, 39, see 110; in relation to state and nation, 41, 42; compared with Russian mir, 42 ; compared with Virginian parish, 59- 61; Jefferson's opinion of, 65 ; 77 ; ad- vantages of government, 98, 99 ; cor- 378 INDEX. rpspondence among townships before Revolution, 168; sent delegates to Provincial Congress, 168, 109; biblio- graphical notes, 46, 47 ; also, 31. Townships, first in America, 16 ; origin, 34-43 ; in relation to parish, 37, 38 ; 75 ; relation in England to hundreds, 76 ; in Pennsylvania, 78 ; public do- main, 81-88 ; in west, 89-95 ; first in- corporated in Michigan, 89 ; in Illinois. 90 ; vitality of government, 91 ; Ohio, Indiana, Iowa, Missouri, Nebraska, Kansas, Minnesota, nnd Dakota, 91, 92; two grades of township govern- ment west of Alleghanies, 92 ; in me- diaeval London, 106 ; in northern co- lonial zone, 151 ; districts for prima- ries, 241. Township lines, 82. Township-county systems, bibliographi- cal notes, 97 ; also, 72, 79, 81, 85, 89, 90,92. Transportation, 117. Treasurer, see Town, County, State. Treasury, department of the, 237, 244, 247. Treasury, secretary of, 237, 247 ; Ham- ilton as, 271-273. Treaty-making power, 242, 245. Trenton, seat of Continental Congress, 214. Trial justices, see Justices. Tribes, 49, 75. Trustees of western townships, 92. Tun, 35. Tungemot, 36. Tutuila, 267. Tyler, John, 274. Under-valuation of property, 29. Uniform municipal accounting, 137. Unit of representation, in England, 41 ; in New England, 41 ; in Virginia, 61 ; in South Carolina, 71; in Maryland, 77 ; in Pennsylvania, 78. United Colonies, 213. United States, 3, 5, 6 ; government dur- ing Revolutionary War, 7 ; 16 ; begin- ning of public education in, 22; public buildings of, exempt from taxation, 2G ; average rate of taxation in, 28 ; use of name township in, 39; use of army in suppressing insurrection, 56 ; two characteristic lines of governmental development, 57 ; movement of popu- lation, 81 ; beginnings of city govern- ment in, 113, 114 ; growth of cities in, 124, 125 ; see the Federal Union. Utah, woman suffrage in, 174. Vane, Sir Harry, 199, 200. Variety, wholesome and instructive, in development of local institutions in the United States, 93, 188. Verrazano, G, de, 146. Vestry clerk, 38 ; in Virginia, 59. Vestry-meeting, 37, 38 ; in Virginia, 59, 60 ; South Carolina, 71. Vestrymen, in Virginia, 59 ; duties, 60 ; in South Carolina, 71. Veto, the mayor's, 122 ; power of Eng- lish sovereign*, 171,230; governor's, in American state, 171, 172, 177, 178, 179; veto power of President of United States, 230, 232. Vice-president, president of senate, 228 ; election, 234-237; nomination, 240, 241 ; qualifications, 241, 242. Viceroy, 154, 165. " Vigilance committees " in California, 72. Villages, in New England, 18 ; Indian, 35; ancient, 35 ; Russian, 42 ; incor- porated, 102 ; relation to English bor- oughs, 104, 105. Virginia, old Virginia county, 57-67 ; settlement compared with that of New England, 57 ; plantations, 58; class distinctions, 59 ; parish, 59 ; shire towns, 62 ; local government in Vir- ginia and in New England compared, 64-67 ; hundreds, 77 ; 90 ; schools, 94; county boards, 98; colonial Vir- ginia, 148 ; separated from the Car- ol inas, 150; representative govern- ment, 151, 152 ; compared with Massa- chusetts in 1692, 155; 160, 161, 203. 211, 224, 263, 269, 270. Voting as substitute for fighting, 174. War, department of, 237, 244, 248. " War governors," the, 178. Ward, 106, 111, 121 ; election districts for city council, 129, 136 ; districts for primaries, 241. Warrant, for town-meeting, 20, 21, 24. Wash-houses, public, 119, notes 119-120. Washington, D. C., 84, 260. Washington, G., 67 ; president of Fed- eral convention, 217 ; presidential elections, 237, 239, 240; 242; 243; 272 ; 277. Washington, state of, school district, 93 ; municipal self-government in, note 120. 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